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Agenda 12-18-18 The City of wr Boynton Beach y City Commission Agenda Tuesday, December 18, 2018, 6:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Christina L. Romelus (District III) Commissioner Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Aimee Kelley (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 C] www.boynton-beach.org Page 1 of 770 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & 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& 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 Intracoastal Park Clubhouse, 2240 N. Federal Highway, 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 770 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Kelley. 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 the Solid Waste Pick Up Schedule for the Holiday Season by Andrew Mack, Director of Public Works. B. City offices will be closed on Monday, December 24th and Tuesday, December 25th, 2018 in observance of the Christmas holiday. City offices will also be closed on Tuesday, January 1, 2019 in observance of New Year's Day. C. The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019, the only Commission Meeting in January will be Tuesday, January 15, 2019 at 6:30 PM. D. Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 48th Annual Holiday Parade Award Winners. E. Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 2018 Martin Luther King Jr. Celebration. 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. 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. R18-181 - Amend the FY 2018-19 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 &404), and the Fleet Fund (501) for previous years Purchase Orders and unspent project budgets. Page 3 of 770 B. PROPOSED RESOLUTION NO. R18-182- Approve and authorize the Mayor to sign Agreements for the Community Development Block Grant (CDBG) Sub-Recipients as adopted in the One Year Action Plan on August 7, 2018, Resolution R18-102. C. Approve issuing an annual blanket purchase order to GL Staffing of Lake Park, FL for temporary labor services in the amount of $80,000 utilizing the Town of Palm Beach Bid No. 2018-33 for Temporary Labor Services. The Town of Palm Beach's procurement process satisfies the City's competitive bid requirements. D. Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS555443A with IXOM Watercare, Inc. for MIEX System Support with the same terms, conditions, specifications and pricing. The maximum anticipated annual expenditure for the MIEX System Support services is $52,950. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of MI EX system support services. E. Legal Expenses - November 2018 - information at the request of the City Commission. No action required. F. Accept the written report to the Commission for purchases over $10,000 for the month of November 2018. G. Approve the "Monarcha" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. H. Approve the minutes from City Commission meetings held on November 20th and December 4th, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Task Order UT-2C-02 with CDM Smith in the amount of $180,931 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for Migration of Lift Stations, Wells and Potable Water Storage facilities to a new Supervisory Control and Data Acquisition (SCADA) platform. B. Approve Task Order UT-2A-01 with CH2MHill/Jacobs in the sum of $105,358.30 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A executed on August 22, 2018 for Nanofiltration Membrane Element Replacement at the West Water Treatment Plant. C. Approve an annual purchase order to Petersen Industries of Lake Wales, FL in the amount of $100,000 as a sole source vendor. D. Approve issuing an annual blanket purchase order to Precision Air Systems, Inc. of Wellington, FL in the amount of $150,000 for air conditioning repairs/services as needed at various City Buildings utilizing the Palm Beach County School District Term Contract #17C-17T. The Palm Beach County School Board's bid process satisfies the City's competitive bid requirements. E. Authorize the purchase of replacement vehicles as approved in the fiscal year 2018-19 budget in the estimated amount of$186,590 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA18-VEL26.0, #FSA18-VEH16.0, and Sourcewell for three (3) replacement vehicles. The Florida Sheriff's Association and Sourcewell 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 Page 4 of 770 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Review the Public Art Master Plan concept for the Town Square redevelopment project. Debby Coles-Dobay, Public Arts Manager to provide powerpoint presentation. B. PROPOSED RESOLUTION NO. R18-183- Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach and Tropical Breeze Estates for the acquisition of the Tropical Breeze water and wastewater system, and approve the associated costs to purchase the systems, install the necessary water meters and connection to the water distribution system. 12. LEGAL- None 13. FUTURE AGENDA ITEMS A. Palm Beach County Commissioner Weinroth - District 4 wanted to introduce himself to the City Commission. - January 15, 2019 B. The Public Works Department will present a brief report on operations and initiatives for the upcoming year. January 15, 2019 C. Staff to bring information concerning the following land parcels for the Commission to review - February 5, 2019 Nichols Property Rolling Green Girl Scout Park D. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD E. Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission - TBD F. The Mayor has requested to discuss the issue of installing EV stations in the city and the operation of them. - TBD G. The Mayor has requested a discussion on the possibility of planting trees on some of the City's vacant lots- TBD H. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects- TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED Page 5 of 770 FROM THE OFFICE OF THE CITY CLERK. Page 6 of 770 1.A. OPENING ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Kelley. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 7 of 770 2.A. OTHER 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 8 of 770 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Announce the Solid Waste Pick Up Schedule for the Holiday Season by Andrew Mack, Director of Public Works. EXPLANATION OF REQUEST: Due to the transfer stations &the City of Boynton Beach being closed on Tuesday, December 25th and Tuesday, January 1St, the Solid Waste Holiday pick up schedule will be as follows: Residents: • If the normal pick up day falls on Monday, December 24th, your pick up day will remain the same. • If the normal pick up day falls on Tuesday, December 25th, the make-up day will be on Wednesday, December 26th • If the normal pick up day falls on Tuesday, January 1St, the make-up day will be on Wednesday, January 2nd Commercial customers: • If the normal pick up day on your dumpster(s) falls on Tuesday, December 25th, your make up day will be on Monday, December 24th Also, there will be no roll off service on Tuesday, December 25th If you should have any questions regarding the Holiday pick up schedule, please call our department during normal business hours at(561) 742-6200, Monday—Friday, 7:30 a.m. to 4:30 p.m. or visit our website at www.boy nton-beach.org HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 9 of 770 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Agenda Attachment® Holiday Season Pick Up Schedule Page 10 of 770 Holiday Pick-Up Schedule, HoliOrmal Your Rofiday Ockup Day MOP plow Yom's Day MJan,I I wen Jam Tu", M 2 Wed.ow. 3 PACAL M1 5 NumaMnyup PMOMAY Day 1101,Feb 19 NonnM pokap C"gly Mon, �4,j� ............ Ire di2pandlanc ],,ilv ANdjuRk 4 Kamm pikap Loom plan-Secok: Nlorm;,-!PIC.L�,UQ ................I - %stersO clay plan. Now T NOMM Msk-Ln) v rrMum Non 22 ANd. Nov 2' Fr,,,rNc)6,,_23 cosmas Mm Cec ,%1 N�,,,,rrna�pokwc.-, Now Year� "_-,vp ,oro_ I:a�)<. 31 Nir!rr-,��! 0 you,have amy swgqaSdOnS,COMMAS or nese gecvizers,contact Pubfic Wcprks by,ctinwflnq RWAd,rmn`4-bV'14u�,or talfin,q 6 614456200. Get Sodol with,the City of Boynton ReaChl' 4 Cg 1111 16- 41, 0 www.boynton-beachorg �, et�!of ATA i-MO 94AM Page 11 of 770 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: City offices will be closed on Monday, December 24th and Tuesday, December 25th, 2018 in observance of the Christmas holiday. City offices will also be closed on Tuesday, January 1, 2019 in observance of New Year's Day. EXPLANATION OF REQUEST: In observance of the Christmas and New Year's holidays, City offices will be closed on Christmas Eve, Christmas Day and New Year's Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: There is no alternative to these days off since they are scheduled holidays for the employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 12 of 770 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019, the only Commission Meeting in January will be Tuesday, January 15, 2019 at 6:30 PM. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 13 of 770 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 48th Annual Holiday Parade Award Winners. EXPLANATION OF REQUEST: The City of Boynton Beach hosted its Annual Holiday Parade on Saturday, December 1 and is proud to announce the Holiday Parade Award Winners: Best Performance by a Marching Band Boynton Beach Community High School Most Outstanding Float Knights of Columbus at St. Marks Catholic Church Most Creative/Original Float Delray Medical Center Best Marching Unit Galaxy E3 Elementary School HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The Holiday Parade is a budgeted item within the Marketing/Special Events Department budgets. The awards plaques totaled $180. ALTERNATIVES: Do not make an announcement. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: The Annual Holiday Parade will be held in Downtown Boynton Beach on Federal Highway beginning on S.E. 12th Avenue and ending on N.E. 1st Avenue- bringing residents and visitors to the downtown area. The City's restaurants and businesses in the area will see increased business. The City's 48th Holiday Parade boasts one of the largest participation of community bands than any other holiday parade in Palm Beach County. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 14 of 770 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum 18 Holiday Parade Application D Addendum 18 Grand Marshal Nomination Page 15 of 770 � 4yNT4N � EACN a 'E yA- m .ate, m1ti�ti�ti�m, _, TSaturday, December 1, 2018 at 4:00. . HOLIDAYTheme: Catch the Holiday Spirit The City of Boynton Beach is accepting applications for entries in their annual Holiday Parade.The theme is "Catch the Holiday Spirit."The parade will take place on Federal Highway in downtown Boynton Beach starting at SE 12th Avenue and ending at NE 1st Avenue (.8 miles). HOLIDAY PARADE RULES The following rules have been established in order to provide a high quality, entertaining Holiday Parade. • Completed applications must be received by November 1 , 2018. • ALL mobile entries, including cars &trucks towing floats, must be completely decorated. • This is a family event. Inappropriate performances and inappropriate attire is strictly prohibited. Holiday music and appropriate behavior while performing is mandatory. • Marching units will be expected to perform throughout the parade route. • Any adult driving a vehicle in the parade may be asked to provide their license and proof of insurance. • Please do not include Santa Claus as part of your entry. • Throwing candy or other items into the crowd is not permitted. • Hurry and get your application in ASAP! Only 75 applications will be accepted. Others will be placed on a waitlist. • Per City ordinance, pets are not allowed. • All entries will be judged.Awards will be presented at the January 15, 2019 City Commission meeting for the winners of the following categories: Most Outstanding Float Best Performance by a Marchingn Best Marching Unit Most CreativelOriginal Failure to comply with any of the parade rules outlined above will result in expulsion from the parade at lineup or throughout the route by parade officials. + t r t z 1 Ss r { r lr + , � 4 ENTRY2oi8 HOLIDAY PARADE APPLICATION INSTRUCTIONS 1. Fill out the Holiday Parade application completely(only completed entry forms will be accepted).Applications are also accepted online at bit.hy 18BBParadeinfo. 2. Indicate the category in which your group should be entered. Each unit may enter into only one category. 3. Mail,fax or email application to: Boynton Beach Recreation & Parks Department;Attn:Stephanie Soplop, P.O. Box 310, Boynton Beach, FL 33425-0310. Fax number: 561-369-2418. Email address: soplops@bbfl.us. Phone number:561-742-6649. 4. Streets will be closed at 12:00 p.m.Line-up will begin at 2:00 p.m. All entries MUST be lined up by 3:30 p.m. 5. Applications are due November 19,2018. PARADE ENTRY T I l a c : Float Marching Unit Band Dance Troup Other(Please Specify) Does your entry include music? YES NO IMPORTANT Give a brief description of your parade entry. This summary will be read by the commentators as your unit passes by the Viewing Stand. Include interesting information about your organization, holiday wishes, and number of years participating in the Holiday Parade: BUSINESS/ORGANIZATION NAME: CONTACT PERSON: DAYTIME PHONE#: CELL PHONE#: EMAIL: ADDRESS: AGREEMENT: The rules of the parade are understood and our group agrees to comply with them. It is understood that our entry will be removed at any time from the parade if we do not adhere to the rules. GENERAL RELEASE: I,THE UNDERSIGNED PARTICIPANT,in consideration for the CITY OF BOYNTON BEACH,do hereby(1) Assume all risks and responsibility of possible damage or injury involved through participation in the Holiday Parade. I understand I am to furnish my own insurance in case of injury;(2)Request permission to participate in the activity with full knowledge that said activity could result in damage or injury to me/him/her;(3)Agree to indemnify&hold harmless the City of Boynton Beach and/or its departments or agents from liability resulting from my participation of said activity;(4)Give the City of Boynton Beach permission to take photos and use them to publicize programs and use in media correspondence. Print Name: Signature: Date: ,tf rSS�r Nn?24 r r_ 1E(f Help us find r 2018 Parader r Ir On Saturday, December 1, the Grand Marshal will be first unit of the Holiday Parade followed by City Dignitaries. The parade begins at 4 p.m. and is expected to last 2 hours. At the end of the route, the Grand Marshal will exit his/her car at the viewing stand to enjoy the remainder of the parade. Nominate r We are seeking nominees who have made a lasting impact or significant contribution to the City of Boynton Beach. The Grand Marshal selection is based on criteria such as their community leadership qualities, experience as a mentor or through their personal efforts that reflect positively on the City. • All nominations must include a short summary of why the nominee is deserving of this honor. • Grand Marshals from previous Holiday Parades are not eligible. Nominate deserving individuals here or online at bit.ly/1 8BBParadel nfo. The deadline for completed Grand Marshal Nomination forms is Monday, November 19. The selected Grand Marshal will be notified on Tuesday, November 27. For questions, please contact Stephanie Soplop at 561-742-6649 or soplopsabbfl.us. If needed, an additional sheet for nominee contributions is permissible. Nominee Information Name: Address: Phone Number: Email address: Contributions made by the nominee: Nominated by: Phone Number: Email Address: 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 2018 Martin Luther King Jr. Celebration. EXPLANATION OF REQUEST: This year's Martin Luther King Jr. Celebration King will be held Saturday, January 12, 2018, from 12 Noon to 5:00 p.m. at the Carolyn Sims Center, 255 N.W. 12th Ave. There will be children's activities, rib and chicken cook-off, performances by Boynton Beach High and Galaxy E3 Elementary Schools, gospel choirs, praise dancers, speakers, acknowledgement of Boynton Beach pioneers, and a closing performance by the Valerie Tyson Ja=Band. For more information, call 561.742.6642. Information flyers are available in the back of the room. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The Martin Luther King, Jr. Celebration is budgeted in the Special Events FY 18/19 annual budget. ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 19 of 770 ATTACHMENTS: Type Description D Attachment 2017 MILK Flyer Page 20 of 770 .t . ,.. h , yp,f l?t�l)lp�)rkli\t��r,,,, lr; ln(,Vt, �\\� f']�4i�t ��1) AM I� j � (� �' VA\k€1�,,\t{it"1'ly':; ,jvlil��sti'1+,'1v}114�(��1111�1VAA,ilU�A11511 ��V Ai Il�lrvr�VA\I,��st�i�1i!1A Sk�l 11A)is Jrvi, n v.NNu»�A..f', 11t11i1\ s r;t,A 1)1vrt Its r�A1 S1 �(1114 }(1t�1 �)1,1 1 h}11S}V111 t13��r 1 ,1Av �yVv12�ii�11,1:,7737t1Sy;�ltp�{ - �7)t11,��1\VA\\��1��\tV€2i�f�t5t l��it$�A�S1 elsJ,(tI}\l��vi1�1�i�1��f\14'f�i f��,1S�1{i�1�11A i}t�it`;y1i ,\41t(tii11�1rrjtt��'Sr �iS�1,��\s 1\�1A iv€4\ 1rUE\tAZS11� 1ii�}}? sys 11}„� 1(S \VVlyt 3,i N. 11++�{(;n,,A,1�1�vttr7i:,, _ )'(1,tutfv,1�ik�1\t��s,j�1114r�tsly}y4lr3ffv1�1��r��1��yS if((�ASVAi�1�\ark\ltd€li,�\i sif�€trj- }v it'\t1`,4�4�\,i VAA,111ti)y��st�{,(311�S1iv\r, \V(\�\Ax1 X37;A(ilrt��ts'?r£it4,7l t�(E1 rs1�7h111)13tVvti151,4t,,;. ;"q 1}(IIS i�t41� \\t �� IS to+t1(r A\t,i�i s) �\1f 141 is 1v \ fh\ts�,1„S�)}� „�,a1�¢s�rtil�rtt,,,,,�1,},?1;t}r�, )�t\r 11S1t,sai�vVvvj�wr)��,t�,�,u,,S�tiOi,{1111tj1111`;14fvah�tf4�lttl,�£v�At�Av11IV{,r\S�((. �i)r+r,,}i:.,vllyvA�>11�V11.t(��1Ak�\15ts,ini£1�,�.A,t11i�,�t.::: € vilA�it<11�rltl�rrr lil�b�Jb��(\(tr 1}�lv+I}�;,v1ll SA1A�s11�1\qss 21�'�11�,�}t1q t,r{, r i� t y yllii(( �flli;lvlv2t+(41.��vS �v4q�It 41S��yitt�kt �,!)t��t1�(ilv�rt,,sVsA(li1v�V)irs((tj{rt11(��,��1#Vv v�\€}��{S(i`i41V�1�{fw'�1ii�A11h�`a2t�)�uvAtillsf�iil(ti\v1�t#j4�lifi(��111a,,: tsstltlijl�i�(\�t11ir{�ij�t;�'�i1s11 ,511 , ) �� VAtfi (117),7 i�vv€(1Ui5 v+,i} VAfid ,t.:lt tt \ c lir, � �iA\AA1S 1�v1 )�l\1 1 lu�i��51(pN ;'� r AV�ra6 iilillk)'il t, )f£+tl{\As3141,,d tvri 71Vv1}t V,' ddyh,it,litvl1'sl#\l� ,�,�gl1�t��1E,V��s�v�vt v�tr ¢ 7x itv+4A LhJ�\}t111�t r�tj+tih1V`�tivS�l,�1\st,S(�,1��sf i N rt4 V vpp�`s 1111 t +11 , 11,i(�,- 11�11vrviisllqsl\\ i1v tta V,Atli(t\\r t4Sh i ' i L 3 ! '. j l i l i • Is 1 A A t 'F 1 h, H 1 � • i 1 x 1 1 i 5.A. ADMINISTRATIVE 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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: ATTACHMENTS: Type Description D Other Appointments D Other Silverio, Saddam Page 22 of 770 APPOINTMENTS AND APPLICANTS FOR DECEMBER 18, 2018 Arts Commission Mayor Grant Alt 2 yr term to 12/20 Applicants Saddam Silverio Building r Adjustments and Appeals IV Kelley Reg 2 yr term to 12/19 (Tabled 2) III Romelus Alt 2 yr term to 12/20(Tabled 2) IV Katz Alt 2 yr term to 12/19(Tabled 2) Applicants None Education i II McCray STU 2 yr term to 12/20(Tabled 2) III Romelus STU 2 yr term to 12/19(Tabled 2) Applicants None Historic tiBoard I Katz Alt 2 yr term to 12/19 (Tabled 2) Applicants None Library Board II McCray Alt 2 yr term to 12/20(Tabled 2) Applicants None Page 23 of 770 Senior Advisory IV Kelley Reg 2 yr term to 12/20 Mayor Grant Alt 2 yr term to 12/20 Applicants None Page 24 of 770 Ellis, Shazia From: saddams <noreply@123formbuilder.io> Sent: Friday, September 14, 2018 9:48 AM To- City Clerk Subject: Advisory or Appointment application Attachments: Saddam-S-Resume.docx Today's date 09/14/2018 Name Saddam Silverio Gender Male Phone number 954-557-3054 Address 200 Ocean Parkway Boynton each Florida 33435 United States Email saddams@live.com Current occupation or,if retired,prior Field Sales Manager occupation Education AA- Business Administration Are you a registered Yes voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a business within No city fimits? if yes",name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If"yes", is oar (s) and when? Have you ever been convicted of a No crime? If"yes",when and where? Page 25 of 770 Advisory Board Arts Commission Personal Managing experience, able to travel around the city, disciplined and motivated. Qualifications Professional Memberships Feel free to attach/upload an www.123fbrmbuilder.coMLuTload did.,Dh-D?fileid=b6283653e4f'lOd9c698cbcedb7bl2d77 extra sheet or resume. Certification 1, 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 73.138.154.12(United States)at 2018-09-14 08:48:04 on Chrome 68.0.3440.91 Entry ID:290 Referrer:www.boynton-beach.org/boards-and-committee8 Form Host:www 123foruilder co /form-583214/Advisory-Board-Appointment-Application 2 Page 26 of 770 SADDAM SILVERO saddams@live.com 200 can Parkway, Boynton each, FIL 33435 954-557-3054 Motivated and awarded Field Sales Manager, with over 5 years of combined business managing experience. Seeking carrier growth as a City Commissioner 2014 AA-Business Administration !'}3tx ER;eacsh, Field Sales gWanager Feb 2017—Present Increasing sales at a market level, category share, and brand awareness. Building and maintaining relationships at store level and up. Providing routine feedback on current retail market conditions. Routine trainings to ensure understanding of retail sales associates on product and brand awareness rrn Operations fulanager Jun 2014— Feb 2017 Increasing sales at a district level, with a focus on the operational side. Ensuring all stores follow compliance set from the corporate office and assisting the in meeting such standards by managing and distributing funds accordingly. Assisting district managers during the training and hiring process. K Strong communication, presentation, analytical, and leadership skills Proficiency using Microsoft Office Spanish bilingual Page 27 of 770 6.A. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-181 -Amend the FY 2018-19 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 &404), and the Fleet Fund (501)for previous years Purchase Orders and unspent project budgets. EXPLANATION OF REQUEST: The FY 2018-19 Budget was adopted in September of 2018, before identifying all prior year CIP purchase orders - this occurs in late October thru November. As such, the FY 2018-19 Adopted Budget for various Capital Improvement Projects and the related account line items need to be adjusted to reflect outstanding FY17-18 purchase order encumbrances. This type of budget amendment is part of the annual budget process. The Budget adjustment will increase the Fund's total appropriation which requires City Commission approval. The City's past practice for all City funds is that any operating budget and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, we should re-appropriate these funds to provide the continued spending authority for these projects. Accordingly during FY 2018-19 necessary budget modifications have been made in various Funds between department/divisions. Thus adopted appropriations for some department line items have been presented on Exhibit A. Staff is requesting approval for the budget adjustments made in FY 2018-19. • The Capital Improvement Fund will be amended for Fund 302 from$8,603,310 to $9,338,927 and Fund 303 will be amended from $10,076,693 to $12,056,607 all due to both prior year encumbrances and prior year adopted budget • The Water & Sewer Utility Capital Funds will be amended from $35,590,000 to $48,671,003 to provide appropriations for contracts approved in FY 2017-18 and to modify the FY 2018-19 Adopted Utility Capital Project budget due to both prior year encumbrances and prior year adopted budget. • The Fleet Fund will be amended from $8,832,734 to $10,500,518 due to prior year encumbrances and prior year adopted budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices. FISCAL IMPACT: Budgeted See Exhibit for a summary of the fiscal impact. ALTERNATIVES: Do not approve Resolution Page 28 of 770 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Reso PO's Rollover Budget D Addendum BudgetAmendment for PY1718 POs & Rollover B udget Page 29 of 770 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE ADOPTED BUDGET FOR 5 VARIOUS FUND FOR THE FISCAL YEAR BEGINNING 6 OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019; 7 PROVIDING FOR SEVERABILITY, CONFLICTS, AND 8 AN EFFECTIVE DATE. 9 10 WHEREAS, a final budget was approved by the City Commission on September 20, 11 2018, for the fiscal year 2018-2019; and 12 WHEREAS, the City Manager is recommending amending the amount necessary to 13 be appropriated for fiscal year 2018-2019 for various funds (see Exhibit A). 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA: 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption 18 hereof. 19 Section 2. Hereby amending the appropriated FY 2018-2019 budget for the 20 General Government Capital Improvement Fund from $8,603,310 to $9,338,927. 21 Section 3. Hereby amending the appropriated FY 2018-2019 budget for the 22 Local Government Surtax Capital Projects Fund from $10,076,693 to $12,056,607. 23 Section 4. Hereby amending the appropriated FY 2018-2019 budget for the 24 Water and Sewer Utility Capital Improvement Enterprise Fund from $35,590,000 to 25 $48,671,003. 26 Section 5. Hereby amending the appropriated FY 2018-2019 budget for the Fleet 27 Maintenance Internal Service Fund from $8,832,734 to $10,500,518. 28 A copy of such amendment and/or adjustment is attached hereto as Exhibit "A" and the 29 appropriations set out therein for the fiscal year beginning October 1, 2018 and ending 1 Page 30 of 770 30 September 30, 2019, to maintain and carry on the government of the City of Boynton 31 Beach. 32 Section 6. That there is hereby appropriated revised amounts to various funds 33 (see Exhibit A)pursuant to the terms of the budget. 34 Section 7. All Resolutions or parts of Resolutions in conflict herewith are hereby 35 repealed to the extent of such conflict. 36 Section 8. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this 18th day of December, 2018. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven Grant 43 44 Vice Mayor— Christina Romelus 45 46 Commissioner—Mack McCray 47 48 Commissioner—Justin Katz 49 50 Commissioner—Aimee Kelley 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) 2 Page 31 of 770 CITY OF BOYNTON BEACH Exhibit CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2018-19,Commission Meeting 12/18/18 2018/19 2018/19 PROJECT PO ADOPTED Amendment AMENDED FY17 18 NUMBER # BUDGET Revenue PO Accounts Rollover BUDGET Comments CAPITAL IMPROVEMENT FUND 302-0000-389-91-00 FUND BALANCE APPROPRIATED 6,883,173 735,617 7,618,790 Adopted Fund Total Revenues 8,603,310 735,617 0 9,338,927 302-4238-572.63-00 IMPROVEMENTS OTHER THAN BLDG RP1801 181008 0 4,850 4,850 CR Dunn Inc. 302-4121-580.63-00 IMPROVEMENTS OTHER THAN BLDG TSHS01 181254 6,431,468 730,767 7,162,235 Straticon Adopted Fund Total Expenses 8,603,310 735,617 0 9,338,927 303-0000-389-91-00 FUND BALANCE APPROPRIATED 5,633,335 1,979,914 7,613,249 Adopted Fund Total Revenues 10,076,693 1,979,914 0 12,056,607 303-4129-580-64-15 COMPUTER EQUIPMENT IT1808 181111 0 3,729 3,729 Step CG LLC 303-4218-572-63-05 PARKS IMPROVEMENTS RP1820 181328 739,000 14,380 753,380 Smith Fence Company 303-4218-572-63-05 PARKS IMPROVEMENTS RP1875 181340 753,380 50,849 804,229 RCP Shelters,Inc 303-4116-580-49-17 CHER CONTRACUAL SRVS GG1842 181219 100,000 24,402 124,402 Mercury Associates 303-4904-541-63-24 SIDEWALK CP0263 180636 425,000 25,364 400,000 850,364 Cobra Construction Inc. 303-4904-541-63-03 AMERICAN DISABILITIES ACT 300,000 200,000 500,000 303-4905-580-63-08 STREET IMPROVEMENT TR1601 181055 570,000 261,190 1,000,000 1,831,190 R&D Paving Adopted Fund Total Expenses 10,076,693 379,914 1,600,000 12,056,607 UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-381.04-09 UTILITY BOND 2016 3,620,000 7,614,598 11,234,598 403-0000-389-92.00 NET ASSETS APPROPRIATED 9,470,000 3,500,000 12,970,000 Adopted Fund Total Revenues 20,090,000 11,114,598 31,204,598 403-5000-533.65-02 R&R-WATER TR1601 161296 7,560,000 19,310 7,579,310 Kimlery Horn&Associates 403-5000-533.65-02 R&R-WATER TR1601 181055 7,579,310 56,734 7,636,044 R&D Paving 403-5000-533.65-02 R&R-WATER WTR138 180499 7,636,044 2,500 7,638,544 Crown Castle USA 403-5000-533.65-02 R&R-WATER WTR075 170923 7,638,544 8,069 7,646,613 AMPS,Inc. 403-5000-533.65-02 R&R-WATER WTRO08 180506 7,646,613 7,340 7,653,953 Johnson-Laux Construction 403-5000-533.65-02 R&R-WATER WTRO08 181208 7,653,953 26,396 7,680,349 Empire Office,Inc. 403-5000-533.65-02 R&R-WATER WTR138 180981 7,680,349 31,200 7,711,549 Utility Metering Solutions 403-5000-533.65-02 R&R-WATER WTRO08 181123 7,711,549 10,300 7,721,849 Johnson Controls Fire Protection 403-5000-533.65-02 R&R-WATER WTR032 170606 7,721,849 93,148 7,814,997 Johnson-Davis,Inc. 403-5000-535.65-04 R&R-SEWER TR1601 181055 5,795,000 3,434 5,798,434 R&D Paving 403-5000-535.65-04 R&R-SEWER SW1602 161320 5,798,434 32,405 5,830,839 Globaltech Inc. 403-5000-535.65-04 R&R-SEWER SW1801 181217 5,830,839 382,291 6,213,130 Insituform Technologies 403-5000-533.31-90 OTHER PROFESSIONAL SRVS WTR134 170924 0 4,235 4,235 Carollo Engineers 403-5000-536.31-90 OTHER PROFESSIONAL SRVS UC1801 180455 400,000 27 400,027 Step CG,LLC 403-5000-538.65-09 R&R-STORMWATER UC1802 950,000 0 181,000 1,131,000 403-5000-533.65-02 R&R-WATER UC1802 7,814,997 0 193,000 8,007,997 403-5016-533.65-02 R&R-WATER WT1603 8,007,997 0 131,000 8,138,997 403-5000-533.65-02 R&R-WATER WTR138 8,138,997 0 108,000 8,246,997 403-5000-533.65-02 R&R-WATER UC1803 8,246,997 0 247,000 8,493,997 403-5000-533.65-02 R&R-WATER WTR105 8,493,997 0 167,000 8,660,997 403-5000-533.65-02 R&R-WATER WTR023 8,660,997 0 500,000 9,160,997 403-5000-533.65-02 R&R-WATER WT1801 9,160,997 0 150,000 9,310,997 403-5000-533.65-02 R&R-WATER 9,310,997 0 180,000 9,490,997 WWTPDegasifier 403-5000-533.65-02 R&R-WATER 9,490,997 0 625,000 10,115,997 EWTP Generator 403-5000-533.65-02 R&R-WATER WT1605 10,115,997 0 800,000 10,915,997 403-5000-535.65-04 R&R-SEWER SWR102 6,213,130 0 1,054,000 7,267,130 403-5000-535.65-04 R&R-SEWER SW1602 7,267,130 0 965,000 8,232,130 403-5000-535.65-04 R&R-SEWER SWR 8,232,130 0 750,000 8,982,130 Lift Station Upgrade 403-5016-538.65-09 R&R-STORMWATER STM022 1,420,000 0 1,268,000 2,688,000 403-5016-533.65-02 R&R-WATER WTR106 3,700,000 0 1,272,000 4,972,000 403-5000-538.65-09 R&R-STORMWATER STM032 170606 1,131,000 6,959 0 1,137,959 Johnson-Davis 403-5016-533.65-02 R&R-WATER WT1603 181207 4,972,000 17,550 0 4,989,550 Killebrew Inc. 403-5016-533.65-02 R&R-WATER WTR106 181081 4,989,550 1,579,786 6,569,336 Ric-Man International,Inc. 403-5010-538.65-09 R&R-STORMWATER STM032 161465 0 6,791 0 6,791 Matthews/Baxter&Woodman 403-5016-538.65-09 R&R-STORMWATER STM032 181081 2,688,000 235,123 0 2,923,123 Ric-Man International,Inc. Adopted Fund Total Expenditures 20,090,000 0 2,523,598 8,591,000 31,204,598 S:\Finance\Budget Adjustments\FY2018-19\Amendment\FY1819 Budget Adj for PY1718 POs and Rollover BudptAme dm nt Worksheet 1 Page 32 of12707105:01 PM 2018/19 2018/19 PROJECT PO ADOPTED Amendment AMENDED FY17 18 NUMBER # BUDGET Revenue PO Accounts Rollover BUDGET Comments UTILITY FUND CAPITAL IMPROVEMENT FUND 404-0000-381.04-09 UTILITY BOND 2016 1,500,000 1,000,000 2,500,000 404-0000-389-92.00 NET ASSETS APPROPRIATED 1,000,000 966,405 1,966,405 Adopted Fund Total Revenues 15,500,000 1,966,405 17,466,405 404-5000-535.65-03 SEWER SW1802 181081 0 217,405 217,405 Ric-Man International 404-5010-533.65-01 WATER WTR136 0 749,000 749,000 404-5016-535.65-03 SEWER 0 1,000,000 1,000,000 Adopted Fund Total Expenditures 15,500,000 217,405 1,749,000 17,466,405 Utility Totals 35,590,000 48,671,003 FLEET FUND 501-0000-389-92.00 NET ASSETS APPROPRIATED 726,978 1,667,784 2,394,762 Adopted Fund Total Revenues 8,832,734 1,667,784 10,500,518 501-2516-519.62-01 BUILDING IMPROVEMENTS 181218 0 18,409 18,409 Anzco,Inc. 501-2516-519.64-33 VEHICLE PURCHASES 180621 0 457,855 457,855 Pat's Pump&Blower 501-2516-519.64-33 VEHICLE PURCHASES 180825 0 100,239 100,239 Coggin Ford 501-2516-519.64-33 VEHICLE PURCHASES 180832 0 308,800 308,800 REV RTC,Inc. 501-2516-519.64-33 VEHICLE PURCHASES 180855 0 42,041 42,041 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 180858 0 198,440 198,440 Dobbs Equipment 501-2516-519.64-33 VEHICLE PURCHASES 0 542,000 542,000 Replace 6 2010 Chevy Colorado 0 - and 2 Solid Waste Rolloff vehicle Adopted Fund Total Expenditures 8,832,734 1,125,784 542,000 10,500,518 S:\Finance\Budget Adjustments\FY2018-19\Amendment\FY1819 Budget Adj for PY1718 POs and Rollover BudgetAme dm nt Worksheet 2 Page 33 of12707105:01 PM 6.B. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-182-Approve and authorize the Mayor to sign Agreements for the Community Development Block Grant(CDBG) Sub- Recipients as adopted in the One Year Action Plan on August 7, 2018, Resolution R18-102. EXPLANATION OF REQUEST: As a recipient of Community Development Block Grant funds from the US Department of Housing and Urban Development(HUD), the City of Boynton Beach has been approved for its annual One Year Action Plan in the amount of$544,399.00. The funds will be used as follows: Sub-Grantee funding $ 161,659 Grant Planning and Administration 108,879 Housing Rehabilitation & Delivery 273.861 FY 18/19 Funding $ 544,399 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Local nonprofit service providers of CDBG eligible services and programs to low and low-moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As the result of approval, they have provided budgets and scopes of services and are contracting with the city to be reimbursed in part. FISCAL IMPACT: Non-budgeted The City will reimburse the following agencies for services provided. Aid for Victims of Domestic Assault $ 10,000 Boynton Beach Faith Based CC 80.000 Community Caring Center 45,000 Pathways to Prosperity 21,659 Legal Aid Society of Palm Beach County 5.000 Total Sub Recipient Funding $161,659 ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 34 of 770 CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $514,937 ATTACHMENTS: Type Description D Resolution Resolution approving Sub-Recipient Agreements D Agreement Subrecipient Agreements Page 35 of 770 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN 6 AGREEMENTS FOR THE COMMUNITY 7 DEVELOPMENT BLOCK GRANT (CDBG) SUB- 8 RECIPIENTS AS ADOPTED IN THE ONE YEAR 9 ACTION PLAN ON AUGUST 7, 2018; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, as a recipient of Community Development Block Grant funds from the 13 US Department of Housing and Urban Development (HUD), the City of Boynton Beach has 14 been approved for its annual One Year Action Plan in the amount of$544,399.00; and 15 WHEREAS, local nonprofit service providers of CDBG eligible services and 16 programs to low and low-moderate income residents of the City of Boynton Beach have 17 submitted grant applications requesting funds to assist in the delivery of their services; and 18 WHEREAS, City Staff is recommending to enter into Agreements with five qualified 19 sub-recipients, who have previously submitted all necessary documentation required,including 20 budgets, scopes of services, and timelines for performance. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 27 authorize the Mayor to sign Agreements between the City of Boynton Beach, Florida and sub- 28 recipients, as follows: 29 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2EDF560A-8C27-4ABE-AEB3-A6126149B690\Boynton Beach.13809.1.CDBG -_Sub Recipient Agreements_(2018-19)_-_Reso.docx 1 Page 36 of 770 30 1. Aid to Victims of Domestic Abuse, Inc. $ 10,000.00 31 2. Boynton Beach Faith Based Community Development Corp $ 80,000.00 32 3. Community Caring Center of Greater Boynton Beach, Inc. $ 45,000.00 33 4. Pathways to Prosperity, Inc. $ 21,659.00 34 5. Legal Aid Society of Palm Beach County, Inc. $ 5,000.00 35 Section 3. This Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2018. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor— Christina L. Romelus 45 46 Commissioner—Mack McCray 47 48 Commissioner—Justin Katz 49 50 Commissioner—Aimee Kelley 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) 65 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2EDF560A-8C27-4ABE-AEB3-A6126149B690\Boynton Beach.13809.1.CDBG -_Sub Recipient Agreements_(2018-19)_-_Reso.docx 2 Page 37 of 770 FY 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON EACH and AID TO VICTIMS OF DOMESTIC A-BUSE INC. THIS AGREEMENT is entered into this day of 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and AID TO VICTIMS OF DOMESTIC ABUSE, INC. hereinafter referred to as "the SUBRECIPIENT,"having its principal office at Post Office Box 6161, Delray each, Florida 33482 and its Federal Tax Identification number as 59-2486620. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and AID TO VICTIMS OF DOMESTIC ABUSE, INC. WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton each CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. Page 38 of 770 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. tPufpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE 11 STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The SUBRICIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRICIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be Ten Thousand Dollars and 00/100 ($10,000) for the period of October 1, 2018 through September 30, 2019. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. 3.3 Release of funds will be subject to approval of Community Improvement Manager, Page 39 of 770 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2018 to September 30, 2019. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10)working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Further budget changes within the designated contract amount can be approved in writing by the Director of Development, or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 40 of 770 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE Vill PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, and access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be Page 41 of 770 excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Page 42 of 770 Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s)taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. Page 43 of 770 e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance and Indemnification: The SUBRECIPIENT recognizes that it is an Independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRECIPIENT shall indemnify and save the City harmless from any and all claims, losses damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRECIPIENT. The SUBRECIPIENT's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes be waived. At all times during the terms of this Agreement, The SUBRECIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRECIPIENT shall provide for thirty(30)days notice of cancellation, non-renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or 7 improved in whole or in part with CDBG funds received from the CITY in excess of$25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for$25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. Page 44 of 770 All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain Page 45 of 770 such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.16 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. Page 46 of 770 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: AID TO VICTIMS OF DOMESTIC ABUSE, INC By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced ATTEST: CITY OF BOYNTON BEACH, FLORIDA BY: City Clerk Mayor Approved as to form: City Attorney Page 47 of 770 Aid to Victims of Domestic Abuse, Inc. Itemized t and Scope of Services City of Boyntonac rant Fiscal Year 2018-19 Itemized t ITEMIZED POSED USE OF CDBG FUNDS 8,000 RIES LjQ2QBENEFITS TOTAL Scope of Services PROPOSED OBJECTIVES UNIT OF MEASUREMENT PROVIDE O ITT H G 'S9-SESSION PRIMARY 500 STUDENTS;30 FROM ICIPALI F BOYNTON PREVENTION GRA IWITH COMMUNITY EACH IMPACT PROJECTS PROVIDE SECONDARY PREVENTION ATI VIOLENCE 1,500 STUDENTS; A MINIMUMF 100 FROM THE AWARENESS PRESENTATIONS MUNICIPALITY OF BOYNTON BEACH PROVIDE SAFETY PLANNING ALL STUDENTS ADING PRESENTATIONS SSS EFFECTIVENESS OF PROGRAM STUDENTEVALUATION, OBSERVATION, STUPRE- POST SURVEYS Page 48 of 770 Y 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT is entered into this day of , 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION. hereinafter referred to as "the SU RECIPIENT," having its principal office at 2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification number as 5-0971509. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant ( ) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION. WHEREAS, the CITY desires to engage the SU RECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION POSE 1. Definitions 1.1 "CDG" means Community Development Block Grant program. 1. "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. Page 49 of 770 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE 11 STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRECIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be Eighty Thousand Dollars and 00/100 ($80,000) for the period of October 1, 2018 through September 30, 2019. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period of funds is subject to the approval of the Community Improvement Manager. 3.3 Release of funds shall be subject to approval of Community Improvement Manager, Page 50 of 770 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2018, to September 30, 2019. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT• At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 51 of 770 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504 ARTICLE Vill PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, and access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be Page 52 of 770 excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Page 53 of 770 Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBIRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s)taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. Page 54 of 770 e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT recognizes that it is an Independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRICIPIENT. The SUBRICIPIENT'S aforesaid indemnity and hold harmless obligations or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the SUBRICIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRICIPIENT shall provide for thirty (30) days' notice of cancellation, non-renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of$25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for$25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. Page 55 of 770 All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CIDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain Page 56 of 770 such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information Page 57 of 770 technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 58 of 770 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORP By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF BOYNTON EACH, FLORIDA y:. City Clerk Mayor Approved as to form: City Attorney Page 59 of 770 BOYNTON BEACH FAITH BASED CDC City of Boynton Beach CDBG Grant Fiscal Year 2018119 Budget and Scope of Services 1tem1zeg_Pgd Aet ExecutiveDirector ---------------------------------------------------------------------------------$12,000.00 ProjectManager -------------------------------------------------------------------------------------10,000.00 Homebuyer Coordinator Salary--------------------------------------------------------------------28,000.00 Benefits/FICA Medicaid ------------------------------------------------------------------------------5,400.00 Health Insurance -------------------------------------------------------------------------------------4,600.00 Accounting/Bookkeeping ---------------------------------------------------------------------------20,000,00 TOTAL ------------------------------------------------------------------------------$80,000-00 Scope f Services A. Provide homebuyer counseling to minimum of 150 individuals. B. Provide at a minimum, quarterly (4) group homebuyer education classes to groups of perspective homebuyers. C. Commence and complete construction and sale of Model Block Phase II homes on CRA donated lots. D. Depending on availability, Identify, acquire, renovate, and sell or lease four (4) vacant/abandoned bank-owned properties to eligible low/moderate income families. E. Provide post-purchase counseling on "as needed basis"to existing home owners experiencing economic hardship to mitigate/reduce foreclosure and preserve homeownership. F Assist at least ten (10) °`mortgage ready" buyers secure mortgage/financing, down- payment (SHIP) assistance and eligible properties to complete home purchases as first-time buyers. G. Secure construction financing for new home construction project. H. Collaborate with other groups/agencies/individuals to foster relationships that reduce crime, empower and educate residents to build a stronger and more economically viable community. Page 60 of 770 FY 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON EACH and. COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH ,INC THIS AGREEMENT is entered into this day of , 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and COMMUNITY CARING CENTER OF GREATOYNTON EACH, INC., hereinafter referred to as"the SUBRECIPIENT," having its principal office at 145 N.E. 4 1h Avenue, Boynton each, Florida 33435 and its Federal Tax Identification Number as 65-0447796. W ITN E S S ETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton each CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: Page 61 of 770 a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Proos The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE 11 STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Forty Five Thousand and 00/100 ($45,000.00)for the period of October 1, 2018 through September 30, 2019. Further budget changes within the designated contract amount can be approved in writing by the Director of Development' or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period of funds is subject to the approval of the Community Improvement Manager. 3.2 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRECIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.3 Release of funds shall be subject to approval of Community Improvement Manager, Page 62 of 770 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2018, to September 30, 2019. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension ension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination, 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10)working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE V1 RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 63 of 770 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 64 of 770 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 65 of 770 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s)taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations Page 66 of 770 in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRIECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT recognizes that it is an Independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRICIPIENT. The SUBRICI PIENTS' aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the SUBRICIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The SUBRICIPIENT shall provide for thirty (30) days' notice of cancellation, non-renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of$25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRIECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for$25,000 or less shall be disposed of, Page 67 of 770 at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Page 68 of 770 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall complywith all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the Page 69 of 770 contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 6.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 70 of 770 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney Page 71 of 770 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2018 through September 30, 2019, to provide the following services: A. Provide emergency Food Pantry at the Community Caring Center office B. Provide Emergency Disaster Assistance: Pre- and Post- activity, as needed C. Provide financial aid for the following: [amount of assistance depends on funds available] • Emergency transportation/Gas/Bus Passes • Utility bill pay assistance • Rent/mortgage assistance • Prescriptions and medication assistance D. Senior, frail, and elderly caregiving program E. Referral services for homeless, job placement and tax information F. Provide assistance for applying to State of Florida access for SSI, food stamps, prescription drug, and disability G. Provide health related classes - nutrition & chronic illness management H. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and HUD regulations and this agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items:. Salaries ....................................... ... .... ............................................$36,000.00 Insurances .............. ........ .................................. ... .................. 4,000.00 Audit .................................. ................................................... 5,000.00 TOTAL ................................................................................ $ 45,000.00 Page 72 of 770 FY 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON EACH and. LEGAL AID SOCIETY OF PALM EACH COUNT THIS AGREEMENT is entered into this day of 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 423 Fern Street, Suite 200, West Palm each, Florida 33401, and its Federal Tax Identification Number as 59-6046994. WITNESS E T : WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton each CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1 Definitions 1.1 "CDG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-income" means a household whose income is within specified income limits set forth by HUD. Page 73 of 770 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpos The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE 11 STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRECIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be Five Thousand Dollars and 00/100 ($5,000.00) for the period of October 1, 2018 through September 30, 2019. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. 3.3 Release of funds is subject to the approval of the Community Improvement Manager. Page 74 of 770 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2018 to September 30, 2019. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City- The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10)working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 75 of 770 ARTICLE VII PROGRAMINCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE Vill PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 76 of 770 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits:' Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 77 of 770 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBIRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s)taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations Page 78 of 770 in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRICIPIENT recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating this Agreement, and shall pay all costs and judgments which may result. In particular, the SSUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRECIPIENT. The SUBRECIPIENT's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 728.28, Florida Statutes, be waived. At all times during the terms of this Agreement,the SUBRECIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage, contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRECIPIENT shall provide for thirty (30) days notice of cancellation, non-renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of$25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, Page 79 of 770 at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpenclable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY, 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Page 80 of 770 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the Page 81 of 770 contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 82 of 770 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney Page 83 of 770 rs_G.��.. .m° �y ,,.. m 1�' .,..a.9. ..�. .� °a..5...."`tt4 �'.„�' i.r, -. ,.�.., ..�W 1) S4 t.�.. '�'g �' t• t f 1_,EGA �•t t %'� � t 423 FERN STREET, SUITE. 200, WEST PALS EACH, FL 33401 Ph: (561) 655-5944 Far: (561) 65 5-5269 1-800-403-9353 -800-403-9353 (South&West County ONLY) kwy. galSidc.or Executive Director Robert A.Bertisch,Esq. Administrator Michael Spillane December 10, 2018 Director of Development Harreen Bertisch Board of Trustees David Ackerman,Esq. Claire Arnold Octavia Sherrod F.Greg Barnhart,Esq. City Of Boynton Beach Bill Bone,Esq. Patrick J.Casey,Esq. 100 East Boynton BeachBlvd. Jeffrey A.Devote,Esq. Melinda Penney Gamut,Esq. Boynton Beach, Mariano Garcia,Esq. David M,Gaspari,Esq. Garry Glickman,Esq. Carey Haughwout,Esq. Thomas Kingcade,Esq. Services Jane Kreusler-Walsh,Esq. Richard Lubin,Esq, ear Ms. Sherrod: Rafael J.Roca,Esq. Michael Salnick,Esq. Victoria A.Vilchez,Esq. Thank you for the opportunity to servethe residents of Boynton Board of Directors President Beach under the CDBG program. I have outlined our services Michelle R.Suskauer,Esq. below: Immediate Past Pres. Miriam Acosta-Casiriz,Esq. First Vice-President Legal I Society Ill provide advice, counsel, and/or Lawrence P.Rochefort,Esq. representation for at least eight residents of Boynton Second Vice-President Robert H.Friedman,Esq. Beach withlandlord tenant matters, fair USI n Secretary enforcement and foreclosureprevention ric . Scott C.Murray,Esq. Treasurer Legal I cl ty will conduct a minimum of three Jerald S.Beer,Esq. workshops landlord tenant issues, fair housing laws, or Board of Directors eslieArtsisAdams foreclosure preventionissues. Richard M.Benrubi,Esq, 3ridgetA.Berry,Esq. Uin Bresky,Esq. if you have any questions or require itl l information, please :arta Tharp Brown Sarah Cortvriend,Esq. feel free to contact our office 561-655-8944 . mheryl K.Crowley Vincent F.Cuomo kmy DevoreSijTquis rely, -toward D.DuBosar,Esq. (arcs Engle Joseph G.Galardi,Esq. 3ichard D.Greenfield lack P.Hill,Esq. yl S John Howe,Esq.)eniseRappaportIsaacs,Esq. vising Attorney NilnarJ.Julmiste,Esq. N.Hampton Keen,Esq. Fair (7 s i n n ler L w Projects gancy Lambrecht lason D.Lazarus,Esq. ellen S.Malasky,Esq. I.Grier Pressly,III,Esq. Sevin S.Radkay,Esq. Matthew Sackel,Esq. 3obert M.W.Shalhoub,Esq. Grasford W.Smith,Esq. C4h ldreres • r M i4, g l t a l rla iebeccaMercierVargas,Esq, Council ° �t#'§rtt F'a@ R� 0 7�0 Gary Woodfield,Esq. Wmatthy.Eofe.C55rcnB• T wnof7 I 8—h u tar;zy u.iWM,.1 .B—hcm�nry AddWonatfending vrdedby ofm each onnty Legal Aid Society Budget1 -2019 - FAIR HOUSING 3,800.00 EDUCATION & OUTREACH EVENTS: 3 WORKSHOPS - 1,200.00 r 000.00 Page 85 of 770 FY 2018-2019 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON EACH and. PATHWAYS TO PROSPERITY THIS AGREEMENT is entered into this - day of 2018 between the CITY OF BOYON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PATHWAYS TO PROSPERITY hereinafter referred to as "the SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton each, Florida 33435 and its Federal Tax Identification Number as 27-3550271. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton each CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-income" means a household whose income is within specified income limits set forth by HUD. Page 86 of 770 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE 11 STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services."' ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRICIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be Twenty One Thousand Six Hundred Fifty-Nine Dollars and 00/100 ($21,659.00) for the period of October 1, 2018 through September 30, 2019. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. Page 87 of 770 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2018, to September 30, 2019. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10)working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 88 of 770 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE Vill PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDIBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 89 of 770 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 90 of 770 9.6 Lobbying Prohibition: The SUBIRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBIRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBIRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBIRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBIRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBIRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s)taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRIECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations Page 91 of 770 in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRECIPIENT. The SUBRECIPIENT's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, The SUBRECIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRICIPIENT shall provide thirty(30)days' notice of cancellation, non-renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of$25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Page 92 of 770 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CIDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CIDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CIDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, Page 93 of 770 or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. Page 94 of 770 d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.17 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 95 of 770 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: PATHWAYS TO PROSPERITY. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known -OR Produced Identification Type of Identification Produced: ATTEST: CITY OF BOYNTON EACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney Page 96 of 770 CIRCLES PALM BEACH COUNTY BOYNTON BEACH WORK NARRATIVE 1. The Agency agrees, within the time line of October 1, 2018 through September 30, 2019, to provide the following services: A. Interview and Recruit Circle Leaders B. Begin Circle Leader Training Classes (12-15 weeks) C. Recruit &Train Allies (Volunteer Mentors) D. Circle Leader Graduation Ceremony E. Circle Leader and Ally Matching Training F. Host Weekly Meetings . The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries................................................................................ $21,659.00 TTL............................................................................. 1, 659.00 A. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. B. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. C. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 97 of 770 6.C. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve issuing an annual blanket purchase order to GL Staffing of Lake Park, FL for temporary labor services in the amount of$80,000 utilizing the Town of Palm Beach Bid No. 2018-33 for Temporary Labor Services. The Town of Palm Beach's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Time Period: July 10, 2018 - July 9, 2023 As part of the Public Works Department operational strategy the Department uses temp labor to supplement staff for various activities such as, special events, during staff turnover, special projects, during peak growing season, refuse & recycling pick up, etc. The necessity to have temp laborers available on an as needed basis is imperative in order to complete daily operations. Public Works requests an annual blanket piggybacking the Town of Palm Beach Bid No. 2018-33 with GL Staffing the secondary vendor in the amount of$80,000. In order to utilize the Town of Palm Beach Contract the City must receive authorization from it's vendor. Hence the City was unable to obtain approval from the primary vendor Labor Max Staffing, but was able to secure approval from the secondary vendor GL Staffing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By utilizing temp labor it will provide the Public Works Department the necessary staff to complete daily tasks and to provide assistance to all divisions when needed. FISCAL IMPACT: Budgeted Funded in the various Public Works Divisions account#'s: Parks and Grounds 001-2730-572-49-17 Facilities 001-2511-519-49-17 Streets 001-2512-541-49-17 Solid Waste 431-2515-534-49-17 Fleet 501-2516-519-49-17 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 98 of 770 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: GL Staffing START DATE: 7/10/2018 END DATE: 7/9/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Option for renewal will only be exercised upon written mutual agreement and with all original terms, conditions and pricing with no other deviations. ATTACHMENTS: Type Description D Contract Agenda Attachment® To of Palm each Authorization Letter & Contract D Other Agenda Attachment® CIL Staffing ®Authorization Email D Other Agenda Attachment® Labor Max Staffing ® Email Refusal Page 99 of 770 Greco-Arencibia, Adrianna From: John Cmar <JCmar@TownofPaimBeach.com> Sent: Friday, November 30, 2018 9:36 AM ® Greco-Arencibia, Adrianna Cc: Eric Shibley; Eugene Bitteker, Duke Basha Subject, RE: Bid No. 2018-33 - Temporary Labor Services Attachments. BID 2018-33 Temporary Labor Services.pdf, Bid No. 2018-33 -Temporary Labor Services -Addendum 1. f; Bid No. 2018-33 -TEMPORARY LABOR SERVICES - BID TABULATION FINAL.pdf, Bid No.2018-33 -TEMPORARY LABOR SERVICES - BID TABULATION FINAL Award By Ven dor,pdf; Resolution 092-2018 Awarding Purchase Order- Labor Max.pdf, L-TC-Memo--Award-a-Contract-for-Temporary-Labor-Services.pdf Adrianna, Good morning... Fort is solicitation we awarded primary, secondary, and tertiary vendors. However, we've only authorized a purchase order fort primary, LaborMax Staffing, at this time. Attached are the bid document (and Addendum), bid tabulation, tabulation of award by vendor, Town Council Resolution, and Town Council Award Memo. The City of Boynton Beach is welcome to utilize this award if agreed to by the ver orfs), Please let us know if you need anything further- John Cmar Purchasing Coordinator Town of Palm Beach Purchasing Division 951 Okeechobee Road, Suite 'D' West Palm Beach, FL 33401 Phone: 561-227-7002 Fax: 561-835-4688 www.townofi a1mbeach.com 11............................... ...................................—1- From: Greco-Arencibia,Adrianna <Greco-ArencibiaA@bbfl.us> Sent: Friday, November 30, 2018 7:13 AM To:John Cmar<JCmar@TownofPaimBeach.com>; Eric Shibley<es hi bley@Town OfPa Im Beach.com>; Eugene Bitteker <EBitteker@TownofPaImBeach.com> Subject. Bid No. 2018-33-Temporary Labor Services Importance: High Good morning, My name is Adrianna with the City of Boynton Beach. we are looking to piggyback off a temporary labor services contract. I saw that you put out the above bid in April and we would like to retrieve a copy of the awarded contract. Would you be able to send me a copy of the awarded contract with pricing? And, if it meets our needs could you authorize us to piggyback the contract? Page 100 of 770 Please let me know if you have any questions or if I may need to contact someone else. Thank you Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 222 N,E 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 561-742-6211 Greco ArencibiaA@bbfl.us i boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida ecords law, email addresses are public records. Therefore,your e-mail communication and your e-mail address may be subject to „,Ublic.disclosure. Please be advised that under Florida law, e-mails and e-mail addresses are public records. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact the Town of Palm Beach by phone at (561) 838-5400, or in writing: 360 S. County RD, Palm Beach, FL 33480. 2 Page 101 of 770 OWN, OF_ pp� f GYt o � � to} ' z , . 43e INVITATION TO BID NO. 2018-33 TEMPORARY LABOR SERVICES FOR THE TOWN OF PALM BEACH Event. .. � Date uUvuw.. uus.uu. Date ITB Issued April 15, 2018 __ ..__ . N_on andator; Pre id Meeting or Site Visit Aril 25, 2018 W Due date for bidder questions Until seven (7)days prior to the submittal date u Due date for bidder responses Until five (5) days prior to the submittal date ITB Due Date a 15, 2018 Start Date On or before July 1, 2018 BID CONTACT: Dean Mealy, II No phone inquiries will be accepted. All correspondence shall be directed to the purchasing division via email to solicitationsL )TownofPalmBeach.com or Fax (561) 835- 4688. Purchasing Division FINANCE DEPARTMENT TOWN OF PALM BEACH*951 OKEECHOBEE ROAD*WEST PALM BEACH"FLORIDA*33401 Page 102 of 770 1 �1 TOWN OF PALM BEACH ° BID NO. 2018-33 TEMPORARY LABOR SERVICES TABLE OF CONTENTS Subject Page Number Cover ....................................................................................................... 1 Tableof Contents...................................................................................... 2 Advertisement............................... ........................................................... 3 General Conditions, Instructions and Information for Bidders................... Special Terms andConditions.................................................................. Scope of Services..................................................................................... 1 Bidro I............................................................................. ... 21 Bidders lifi tions ............................................................................... 23 24 Drug-Free iictin.............................................................................. Professional References........................................................................... 25 Florida Statute Section 119.0701Contracts; public records.......... Attachment "A" Bid NO. 2018-33 Temporary Labor Services 2 Page 103 of 770 �1'3vTOWN OF PALM BEACH E Advertisement for Bids BID NO. 2018-33 b.ps SERVICESTEMPORARY LABOR The Town of PalmBeach, Florida, at the PurchasingOffice, 951 Okeechobeei ", West Palm Beach, 33401, will receive led bids for TEMPORARY LABOR SERVICES until May 1„5 01,8 # P.M. Bidders may electo submit the bidI troni lly through Public Purchase, is can be accessedfrom e Public Purchase site. At t time all bids will be publiclyopened and read aloud. n i received after the designated closing time will be returned unopened. non-mandatory pr - i tin ill be heldt tri ,2011 at the Public Works Facility, located 51 Okeechobee Road, West Palm Beach, FL 33401. Attendance is strongly encouraged as this will be theonly forum to seek clarification from n staff. After the Bida awarded, no extra-charge or compensation will be allowed s a result of failure to attend the conference and resulting site visit. An original and two (2) copiesof the proposal shall be submitted in sealedenvelopes/packages addressed o Purchasing Division, Town of Palm Beach, Florida, ark "Bid — TEMPORARY LABOR SERVICES". Companies desiring a copy of the Invitation to Bid obtain such documents from o n's website at www.townofriaimbeach.com. (clic "Doing Business," click "Bids n s for Proposals" and follow instructions). For further information, contact the Purchasingis 51 Okeechobee Road, Suite D, West Palm Beach, FL 33401, Telephone (5 1) 838-5406. The Town reserves the right o accept or reject any and all bids and to waive any technicalities or irregularities therein. The Town further reserves the right to award the contract to that bidder whose proposal best complies with the bid specification. o bidder may withdrawtheir bid for period of ninety ( ) days from e date set fort e opening thereof. Dean i , II Purchasing na r April 15, 2018 April , 2018 Published: I DemandStar Public W ..... _. .... . u . z. s........ _. .. ... ........ Bid No.2018- 3 Temporary Labor Services Page 104 of 770 TOWN OF PALM BEACH ° BID NO. 2018-33 wz, * TEMPORARY LABOR SERVICES INFORMATIONGENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS 1. GENERAL These documents constitute the complete set of specification requirements a id forms. Bid Proposal response is to be filled i , signed, sealed and mailed or presented the Purchasing Division on or before the specified ate and ti e. id ers elect to submitthe bid electr nicEiy through Public Purchase is can be accessed r the Public Purchase site. It is sole responsibility of the bidder to ensure that his/her bid reaches the Purchasing Division on or before the closing date and time. The TOWN shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile will not be accepted. The bid time st be and shall be scrupulously observed. Under no circumstances will bids delivered after the time specified be considered. Such bids shall be returned tot e vendor unopened. II bids must be typewritten or written in ink, and must be signed in ink by an officer oremployee having authority to bind the company or firm. Bidders shall not be allowed to modify their bids after the opening ate and time. Bid files may be examined during normal working hours, after bid opening, by appointment only. For information concerning this bid, please contact Purchasing Division via email: solicitations;r.ua,TownofPalm each.com or via Fax(5 1) . 2. PRICEMELIVERY Price quoted must bete price for new merchandise and free from efects. Any bids containing modifying or"escalator' clauses will not be considered unless specifically requested in the bid specifications. "Acceptance" s herein used means the acceptance y Town of Palmeach, herein referred o as TOWN, after the Purchasing Agent or his authorized agent has, by inspection or test of such items, determined that they fully comply with specifications. Deliveries of all items shall be made as soon as possible. In the appropriate blank on the bid form, the vendor must indicate the best delivery date after receipt of order(ARO). Deliveries resulting from this bid are to be made during the normal working hours of the TOWN. Time is of the essence and the bidder's delivery date must be specified and adhered to. Should the bidder, to whom the order or contract i awarded, fail to deliver on or before his/her stated date, the TOWN reserves the right o CANCEL the order r contract and makethe purchase elsewhere. The successful bidder(s) shall be responsible for making any and all claims against carriers for missing or damaged items. 3. FEDERAL AND STATE TAX TOWN is exempt from Federal and State Taxes for tangible personal property. The Purchasing Agent will sign exemption certificate su ited by the successful bidder. Vendors or contractors doing business with the TOWN shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the TOWN, nor shall any said vendor or contractor be authorized to use the Town's tax exemption number in securing such materials. Bid . 2018-33 Temporary Labor Services Page 105 of 770 4. ACCEPTANCE / REJECTION TOWN reserves the right to accept or to reject any or all bids and make the award to that bidder, who in the opinion of the TOWN will be in the best interest of and/or the most advantageous to the TOWN. TOWN also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. TOWN reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-bid. 5. ALTERNATIVES I APPROVEP_ggUAL/DEVIATIONS Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. Alternate offers will be considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with alternate offers may be cause for disqualification of the bid. The TOWN shall make the determination as to whether any alternate product orservice is or is not equal, and such determination shall be final and binding upon all bidders. When an its is marked "No Substitutions" alternates or equivalents will not be accepted. The bidder shall be responsible for reading carefully, and understanding completely, the requirements and specifications of the items bid upon. Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that its offered are in strict compliance with these specifications, and the successful bidder will be held responsible. Therefore, deviations must be explained in detail on an attached sheet(s) and itemized by number. Any its (s) that do not meet the TOWN specifications upon delivery will not be accepted and if the its cannot be brought up to specifications in a reasonable time (reasonable time as determined by TOWN), the bidder will be required to compensate the TOWN for difference in price incurred from going to the next low bidder. BID Where more than one item is listed, any items not bid upon shall be indicated "NO BID." If no its are bid on, the"Statement of NO BID"should be returned, with the envelope plainly marked "NO BID" and with the bid number. Failure to do so will be an indication that the bidder does not wish to be considered for future bids. 7. CONFLICT OF INTEREST The award is subject to provisions of State Statutes and Town Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also anemployee of the TOWN. Further, all bidders must disclose the name of any Town employee who owns, directly or indirectly, an interest in the bidder's firm or any of its branches. 8. LEGAL REQUIREME TS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. (a) Vendors doing business with the TOWN are prohibited from discriminating against any employee, applicant or client because of race,creed,color, national origin, sex, age or non-disqualifying physical or mental disability, with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. Bid NO. 2018-33 Temporary Labor Services 5 Page 106 of 770 (b) Identical Tie Bids/Proposals shall be awarded in accordance with the preference established in Section 287.087, Florida Statutes, to a vendor submitting the attached Drug-Free Workplace Certification for properly completed and certified. In the event that tie bids are received either from vendors who have all submitted a Drug-Free Workplace Certification or none of who who have submitted such certification, the award will be made in accordance with TOWN purchasing procedures pertaining to tie bids. (c) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity, crime may not submit a bid on a contract to provide any goods or services to a public entity may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO (Currently $25,000) for a period of 36 months from the date of being placed on the convicted vendor list. 9. UNIFORM COMMERCIAL CODE The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded contractor/vendor and the TOWN for any terms and conditions not specifically stated in the Invitation to Bid. 10. MISTAKES In the event of extension error(s) the unit price will prevail and the bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the bidder's total will be corrected accordingly. If there is a difference between the written price and the numerical price, the written price shall prevail. Bidders must check their bid proposal where applicable. Failure to do so will be at the bidder's risk. Bids having erasures or corrections must be initialed in ink by the bidder. 11. AVAILABILITY OF FUNDS The obligations of the TOWN under this award are subject to the availability of funds lawfully appropriated for its purpose by the Town Council. 12. EEO STATEMENT TOWN is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, sex, age and non- disqualifying physical or mental disability. 13. BID TABULATION Bidders desiring a copy of the bid tabulation of the Invitation to Bid may obtain the by going to the Town's website at www.townofj-�4aImbeach.com, (click"Doing Business"click"Sealed Bids/Requests for Proposals" and follow iii einstructions).- '—............. 14. BID FORMS All bid proposals must be submitted on our standard Invitation to Bid for Bid proposals on vendor quotation forms will not be accepted. 15. CONTRACTUAL AGREEMENT This Invitation to Bid shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order or price agreement bid document (original Terms and Conditions) and response. Any and all legal action necessary to enforce the award will be held in Palm each County and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by vendor must be enclosed as part of the bid response. 16. INFORMATION Bid NO.2018-33 Temporary Labor Services 6 Page 107 of 770 Any questions by prospective vendors should be directed to the Purchasing Division contact, noted on page no. 3, who is authorized only to direct inquiries to various portions of the bid so bidders may read and interpret such for themselves. No authorization is allowed by Purchasing personnel to interpret, or give information as to bid requirements in addition to that, which is contained in the original bid document. Interpretation of the bid or additional information as to its requirements, where necessary, shall be communicated to bidders only by written addendum. 17. PRICES QUOTED Bidder warrants by virtue of bidding that prices shall remain firm fora period of ninety days(90) days from the date of bid opening or time stated in Special Conditions. 18. PAYMENT Payment will be made by the TOWN after commodities1services have been received, accepted and properly invoiced as indicated in contract and/or order. Invoices must bear the order number. Payment shall be made within 30 days of such acceptance. The Town of Palm each shall issue direct payments(ACH)or purchasing card for payment of all invoices with the of of a greener footprint. 19. DISCOUNT Bidders may offer a discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in Special Conditions. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. .20. CERTIFICATIONS Not applicable to this Bid. 21. LICENSES AND PERMITS Not applicable to this Bid. 22. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder certifies that all material, equipment, etc., contained in his/her bid meets all O.S.H.A. requirements. Bidder further certifies that, if he/she is the successful bidder, and the material, equipment, etc., delivered is subsequently found to be deficient in any O.S.H.A requirement in effect on at of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. 23. MATERIAL SAFETY DATA SHEET Not applicable to Bid. 24. SAFETY REGULATIONS Not Applicable to Bid. 25. CODES AND REGULATIONS Not applicable to this Bid. 26. INDEMNIFICATION To the fullest extent allowed by law the Contractor shall protect, defend, reimburse, indemnify and hold harmless the Town of Palm Beach, and the Town's officers, agents, employees free and harmless from and against any and all claims, losses, penalties, damages, settlements, costs, charges, attorneys or other professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, cause or causes of action of very kind and character in connection with, or arising directly or indirectly out of or related to this Contract and .......... .......... Bid NO. 2018-33 Temporary Labor Services 7 Page 108 of 770 the or performed hereunder. Without limiting the generality of the foregoing, Contractor's Indemnity shall include all claims, damages, losses, or expense arising out of or related to personal injury, death, damages to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright, proprietary information, or applications of any thereof, or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or order of any court. Contractor agrees to investigate, respond, adjust and provide a defense for all and any such claims, demands and actions at Contractor's sole expense and agrees to bear and remain liable for all such other costs and expenses relating thereto, even if such claim is groundless, false or fraudulent. Notwithstanding the foregoing, Contractor's Indemnity shall not extend to liability for damages to persons or property to the extent such damage was caused by any act, omission, or default of the Town, or by the Town's officers, agents and employees. Contractor acknowledges and agrees that TOWN would not enter into a contract without this indemnification of TOWN by Contractor, and that TOWN'S entering into a contract shall constitute good and sufficient consideration for this indemnification. These provisions shall survive the expiration or earlier termination of the Contract. Nothing in this Contract shall be construed to affect in any way the TOWN'S rights, privileges, and immunities as set forth in Florida Statutes 768.28. Remainder of Page Left Blank Intentionally. ... ..................... Bid NO.2018-33 Temporary Labor Services 8 Page 109 of 770 f3 o I�p � - yTEMPORARY LABOR SERVICES SPECIAL TERMS AND CONDITIONS 1. ADDENDUMS The Purchasing Office will receive written requests for clarification concerning the meaning or interpretations of the bid, until seven ( ) days prior to the submittal date; requests may be sent via email to solicitationsoci„townofi° lm,each co or via facsimile to(561)835-4688.Town personnel are authorized only to direct the attention of prospective proposers to various portions of the bid so that they may read and interpret such for themselves. No employee of the Town is authorized to interpret any portion of this bid or give information as to the requirements of the bid in addition to what is contained in the written bid documents. The Town may record its response to inquiries and any supplemental instructions in the form of written addenda. Written addenda may be provided up to five calendar days before the date fixed for receiving the bids. Any oral explanation(s)given before the bid opening will not be binding. 2. TOWN CONTRACT COORDINATOR The Town of Palm Beach shall designate a Contract Coordinator who shall act on behalf of the Town with respect to monitoring contractor performance under this contract. The administration of this contract is vested in the Contract Coordinator. The Contract Coordinator shall have complete authority to require the Contractor to comply with all provisions of this Contract. However,the provisions of this Contract shall not be altered, waived or revoked by the Contract Coordinator. The Contract Coordinator principal duties shall e: A. Liaison with Contractor. B. Coordinate and approve all work under the contract. C. Resolve any disputes. D. Assures consistency and quality of Contractors performance. E. Schedule and conduct Contractor performance evaluations and document findings. F. Review and approve for payment all invoices for work performed or items delivered. 3. PRE-BID - Y, All interested Proposers are invited to attend a non-mandatory Pre-Bid onfrce on April 25,2018 1A.M. in the Public Works MeetingRoom, located t 951 Okeechobeea est Palm Beach, , 33401. At that time, the Town's representatives will be available to answer questions relative to this Request for Proposal. Any modifications may be presented in writing to,or discussed with the Town's representative(s)as possible amendments to the Bid document. Bidders should visually inspect the sites where the services are to be performed. idders are advised to make a thorough inspection of the extent of work. Failure to visually inspect the sites shall be at bidder's risk. After bid has been awarded, no extra charge or compensation will be allowed by the Town as a result of differences between actual materials and labor, unless by reason of unforeseeable causes beyond his control and without fault or negligence, including, but not restricted to acts of God or neglect of any other contractor. Submission of a bid will be considered evidence that the bidder has familiarized himself with the nature and extent of work, and the equipment, materials and labor required. It is the intention of the Town to purchase the services as specified herein from a source of supply that will give prompt and convenient service. Any failure of a successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the Town. The Town reserves the right to obtain these services from other sources,when necessary, should a successful bidder be unable to perform on a timely basis and such delay may cause harm to the Town or its residents. Bid NO. 2018-33 Temporary Labor Services _ _ ®-..... Page 110 of 770 4. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsible bidder,qualified to provide the work specified.The bidder shall submit the following information with their proposal: A. Experience record, showing the bidder's training and experience in similar work. B. Reference list and brief description of similar work satisfactorily completed with location, dates of contracts, names, addresses and phone numbers of owners/principals. C. Specify the number of employees available to perform the requirements of this contract, both workers and supervisors. The awarded contractor is required to have a sufficient number of employees to complete the work in the time specified under the Scope of Services section of this bid document. D. Specify list of currently owned and operated equipment that would be utilized in fulfilling the requirements of this contract. E. List any licenses, permits or certifications, etc, that you hold for performing this type of work. F. Provide Bidder's Qualification Form complete with Tax Receipt and W-9. G. Give notice that insurance requirements can be met. The insurance requirement designated in this bid indicates the minimum coverage required for the scope of work, as determined by the Office of is Management. Proposer shall provide verification of compliance,such as a Certificate of Insurance(COI) or a letter of verification from the Vendor's insurance agent/broker,which states the ability of the Vendor to meet the requirements upon award. If not provided with the bid, the COI must be submitted within three business days of Town's request. Bidder may be deemed non-responsive for failure to fully comply within stated timeframe. Final award shall be subject to receipt and acceptance by the Town of proof of meeting all insurance requirements of the bid. Failure to submit the above requested information may be cause for rejection of your bid. 5. COMPETENCY OF BIDDERS Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance and a sufficient delivery fleet to insure satisfactory execution of the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the Town. 6CERTIFICATION AND/OR LICENSES Bidders shall hold a current license which shows that a principal in the firm or an employee is certified to perform these services. This Certification shall be current at all times during the duration of this contract. Bidders should provide,with their bid,a copy of all current licenses. If not provided with your bid,they must be submitted within three (3)business days of the Town's request. Bidder must hold a current tax receipt(Occupational License). Copy of license must be submitted With bid and must be in the name of the bidder shown on the Bid Proposal Page. A current, signed copy of IRS Form W-9 should also be submitted with your bid. SITE INSPECTION An inspector may be designated by the Town of Palm each. During the course of the project, the inspector will be responsible for assuring the proper execution of this bid by the successful Contractor. SPECIFIED A purchase order will be issued to the successful bidder with the understanding that all services rendered must meet the specifications herein. 9. PERFORMANCE The Town shall not pay for work that fails to meet the Town's standards as set forth is this Bid and as determined by the Contract Coordinator. 10. DELETION OR MODIFICATION OF SERVICES The TOWN reserves the right to add or delete any portion of this Contract at any time without cause, and if such right is exercised by the Town, the total fee shall be increased or reduced in the same ratio as the estimated cost of the work based on the unit prices set forth on the Bid Proposal Page. Bid NO. 2018-33 Temporary Labor Services 10 Page 111 of 770 11, AWARD t ri ry I Se0gy I TerfiaEyj The Town reserves the right to award by line and then by primary, secondary and tertiary. The lowest proposer meeting specifications, terms and conditions shall be the primary awardee. The next lowest proposer meeting specifications, terms and conditions shall be the secondary awardee. The third lowest proposer meeting specifications, terms and conditions shall be the tertiary awardee. The Town will give the primary proposer first opportunity to perform all available work. If the Town at its sole discretion determines the primary proposer cannot respond in time or has not submitted a competitive estimate; the secondary proposer will be contacted to submit an estimate to perform the required work. The Town reserves the right to accept or reject any and/or all bids and to award or not award a contract based on this bid proposal. No guarantee is expressed or implied as to the total quantity of services to be purchased under this Contract. Estimated quantities will be used for bid comparison purposes only. 12. RENEWAL OF CONTRACT Bid shall be awarded for a term of twelve (12) months with the option to renew the contract for up to four additional twelve (12) month periods. Option for renewal will only be exercised upon written mutual agreement and with all original terms, conditions and pricing (adjustments may be made to pricing based on the Consumer Price Index at the time of renewal)with no other deviations. Price adjustments upon renewal shall be based on the percent change in the Consumer Price Index,All Urban Consumers,forte Miami-Fort Lauderdale Region from June to June of each prior and renewal year respectively, as published by the United States Department of Labor. Any renewal will be subject to appropriation of funds by the Town Council. 13. PIRICINQ The Town requires a firm price for the contract period. Invoices will be checked toconfirm compliance with quoted pricing. Failure to hold prices firm through the entire contract term will be grounds for contract termination. 14. KETHOD OF QRDERING An annual Blanket Purchase Order shall be issued for these services. Invoices shall be submitted monthly after completion of services specified in this contract and shall refer to the Purchase Order Number and the appropriate item number. Invoices shall be submitted to the Town of Palm each, Finance Department, Accounts Payable, P.O. Box 2029, Palm each, FL 33480 or email electronic invoices to: Invoices 6,DTownofPa[m Beach.com (Preferred Method). 15. PAYMENT Terms of payment are net 30 days after services have been completed and accepted. Invoice must reflect purchase order number. The Town of Palm each shall issue direct payments (ACH) or purchasing card for payment of all invoices with the goal of a greener footprint. 16. VENDOR SERVICE REPRESENTATIVE The bidder must submit With their bid proposal the name,address,and phone numberof the person(s)to be contacted for the placement of an order and the coordination of service. 17. RIGHT TO TERMINATE The Town reserves the right to terminate this Contract without penalty upon thirty(30)days written notice to Vendor. In the event of totally unacceptable performance, the TOWN may cancel immediately without cancellation liability. 18. DIAIMAQE TO PUBLIQ OR PRIVATE PRQPERTY Extreme care shall be taken to safeguard all existing facilities,sidewalks,curbs,landscaping,site amenities,irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the Town. The successful bidder shall at all times, guard against damage or loss to the property of the Town of Palm each and/or private property within the Town. Contractor shall be held responsible for replacing or repairing any such loss or damage. The Town of Palm each may withhold payment or make such deductions as deemed necessary to insures reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents Bid NO. 2018-33 Temporary Labor Services 1 Page 112 of 770 19. CONTRACTOR RESPONSIBILITY Not Applicable to this Bid. 20. PUBLIC SAFETY AND CONVENIENCE In the Contractor's use of streets and highways forthe work to be done under these specifications,they shall conform to all Municipal, County, State and Federal laws and regulations as applicable. The Contractor shall at all times so conduct their work as to insure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties during all stages work,and inconvenience to the general public and the residents in the vicinity of the work, and to insure the protection of persons and property, in a manner satisfactory to the Town of Palm Beach or designee. No more than one-half(1/2) of the road or street shall be closed and traffic shall be controlled, so as to provide minimum hindrance. Contractor shall utilize traffic control devices when working on right of ways. Contractor is responsible for obtaining right of way permits when working on DOT roadways. There will be no fees for these permits. There shall be no obstruction of the travel lanes between the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M.without approval from the Town of Palm Beach or designee. No road or street shall be closed to the public, except with the permission of the Contract Coordinator and proper governmental authority. Fire hydrants on or adjacent to the work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, public telephones and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches. 21. SELLING TRANSFERRING OR ASSIGNING CONTRACT Not Applicable to this Bid. 22, COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH The Bidder hereby certifies that all material, equipment and supplies contained in their proposal meets all O.S.H.A. requirements. The successful proposer shall be solely and completely responsible for the safety of all persons (including employees) and property during the performance of the work. Safety provisions shall conform to the U.S. Department of Labor(OSHA), Florida Department of Labor and all other applicable federal, state, county, and local laws, ordinances, codes and regulations. Where any of these are in conflict, the more stringent requirements shall be followed. Failure of the Proposer to thoroughly familiarize themselves with the aforementioned provisions shall not relieve them from compliance with the obligations and penalties set forth therein. 23. SUBCONTRACTING Not Applicable to this Bid. 24. INSURANCE The Service Provider shall provide at its own cost and expense during the life of the contract,the following insurance coverages to the Town of Palm Beach (30)thirty business days' prior to the commencement of any work.All service providers including any independent contractors and subcontractors utilized must comply with these requirements. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurance shall be evidenced by certificates and/or policies including premiums as determined by the Town of Palm Beach. It shall be an affirmative obligation upon the Service Provider to advise the Town's Risk Manager at fax no. 561-838-5497, e-mail risks,:townofi salmbeach com,360 S. County Road, Palm Beach, FL 33480 within 24 hours or the next business day of cancellation, non-renewal or modification of any stipulated insurance and failure to do so shall be construed to be a breach of this Agreementicontract. The Town of Palm Beach reserves the right to require additional coverages and limits based upon the particular service or change in service provided by the Service Provider. If the service provider maintains higher limits than the minimums shown below,the Town requires and shall be entitled to coverage for the higher limits maintained by the service provider. Comprehensive General Liability Insurance coverage with limits of liability not less than $1,000,000 Each Occurrence/$2,000,000 Aggregate. The Certificate of Insurance shall indicate an Occurrence Basis. The Town of Bid NO. 2018-33 Temporary Labor Services _ 12 Page 113 of 770 Palm each shall be endorsed as an additional insured under the General Liability coverage.The Service Provider's General Liability coverage shall be primary and non-contributory. For policies written on a Claims-made basis, service provider shall maintain a retroactive date prior to or equal to the effective date of the contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in retroactive date, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract, the service provider shall agree to purchase a SERP with a minimum reporting period of not less than three(3)years. Coverage is to apply on a primary basis. Business Auto Liability coverage for any auto (all owned, hired, and non-owned autos) with limits not less than $1,000,000 each occurrence combined single limit each accident. In the event service provider does not own any autos, the Town will accept proof of Hired and Non-Owned Auto Liability. For personally owned vehicles, the Town requires limits not less than $300,000 each occurrence combined single limit. Workers' Compensation coverage with statutory limits pursuant to Florida State Statute 440 or an exemption letter from the State. Should the scope of work performed by contractor qualify its employee for benefits under federal workers' compensation statute (example, U.S. Lon shore & Harbor Workers Act or Merchant Marine act), proof of appropriate federal act coverage must be provided. A waiver of subrogation must be provided. Employers Liability coverage With limits not less than$100,000 for each accident,$100,000 disease(each employee) and $500,000 disease(policy limit). In the event that claims in excess of the insured amounts provided herein are filed by reason of any operations under the contract, thea ount excess of such claims or any portion thereof may be withheld from any payment due or to become due the Service Provider until such time the Service Provider shall furnish such additional security covering such claims as may be determined by the Town of Palm each. Umbrella or Excess Liability is required up to the minimum limit of liability if the limits of liability shown on the Certificate of Insurance under General Liability do not meet the minimum limit of liability as required. All required insurance policies shall provide a waiver of subrogation and rights of recovery against the Town of Palm Beach, including its agents,officers, past and present employees,elected officials and representatives,the insurance policy in effect shall protect both parties and be primary and non-contributory for any and all losses covered by the above described insurance. Insurers have no recourse against the Town of Palm each for payment or assessments in any form on any insurance policy. Third party crime coverage is required for temporary staffing positions which have access to money or facilities after hours, to include, but not limited to recreation,dock security and facility maintenance. Coverage shall include but not limited to, employee dishonesty, theft, money&securities, computer fraud, client's property with a limit of liability not less than $1,000,000. 25. CONFLICT OF INTEREST The award hereunder is subject to provisions of State Statutes and Town and County Ordinances. All Proposers must disclose with their Proposal the name of any officer, director, or agent who is also anemployee of the Town of Palm each. Further, all Proposers must disclose the name of any Town employee who owns, directly or indirectly, an interest in the Proposer's firm or any of its branches. 26. NON-COLLUSION Proposer certifies that his Proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. 27. PUBLIC ENTITY CRIMES In accordance with Florida Statute 287.133, no award will be made to any person or affiliate identified on the Department of Management Services' 'Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and the purchasing process because they have been found guilty of a public entity crime.A"person"or affiliate" includes any natural person or any entity, including predecessor or successor entities or an entity under the control of any natural person who is active in its management and who has been convicted of a public entity crime. .....----- Bid NO.2018-33 Temporary Labor Services 13 Page 114 of 770 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. By signing and submitting the Bid documents, the submitting firm attests that they have not been placed on the "Convicted Vendor List" or have been found guilty of a public entity crime. 28. E-VERIFY The Town of Palm each is an E-Verify employer for the purposes of verifying work authorization.Work authorization for those contracted to provide services and/or goods to the Town of Palm each is the sole responsibility of the contracted vendor and/or service provider. M DIRUG.-FREE WORKPLACE Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the Town for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process M PALM BEACH COUNTY INSPECTOR GENERAL The contractor is aware that the Inspector General of Palm each County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation,and in furtherance thereof may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination 31. CODE OF ETHICS If any Proposer violates or is a party to a violation of the code of ethics of the To of Paim each, Palm each County or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the Town of Palm each. The link for further information regarding the Palm each County Commission on Ethics is: htt,.://www.i-,,alm beachcou ntj ethics.com/ordinances-codes.htm. ........... 32. LOBBYING PROHIBITED Proposers are not to contact or lobby any Town personnel related or involved with this Request for Proposals. All oral or written inquiries are to be directed to the Purchasing Division as instructed herein. Any violation of this condition may result in rejection and/or disqualification of the Proposer. Refer to Palm each County Registration Ordinance — Effective April 2, 2012 for further information: ht!j",://www.,--ialmbeachcount,,ethics.com/ordinances-codes.htm 33. CONE OF SILENCE The Cone of Silence is a prohibition on any communication,except for written correspondence,regarding a particular request for proposal, request for qualification, bid or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any County commissioner or commissioner's staff, any member of a local governing body or the member's staff,a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. ................. Bid NO, 2018-33 Temporary Labor Services 14 Page 115 of 770 For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. The cone of silence shall be in effect as of the issuance of the Invitation To Bid, RFQ, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee,any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee,county commissioner, member of a local municipal governing body, mayor or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. For further information refer to htt e://www.Elalmbeachcountvethics.com/ordinpres ccdes.htm -Palm Beach County Registration Ordinance—Effective April 2, 2012. 34. PUBLIC RECORDS Upon award recommendation or thirty (30) days after opening, whichever occurs first, proposals become "public records"and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFQ,and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during normal working hours. 35. PUBLIC RECORDS_LAW In accordance with Florida Statutes 119.0701, the contractor shall comply with public records laws, specifically to: (1) Keep and maintain public records required by the public agency to perform the service. (2) Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (4) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract,the contractor shall meet all applicable requirements of retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. A copy of Section 119.0701, Florida Statutes, has been provided to the contractor(attached). f_ ............. _ Bid NO.2018-33 Temporary Labor Services 15 Page 116 of 770 IF THE CONTRACTOR HAS QUESTIONS I 119, FLORIDAr , TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Clerk,Town r designee Phone 561-838-5416 Email records0townoffaimbeach.ccm RESTRICTED36. I I ITARY VISIT L4ERGENGIES _ The Town of Palm Beach may become a restricted area during official Dignitary visits, emergencies and significant weather events. Contractor and workers may be asked to show Town issued ID dudng this period. The successful contractor and workers assigned to this project will be required to come to the Police Department prior to the start o the contract to have their fingerprints taken at no charge to contractor. If the fingerprint background check returns with no warrants or felonies, the contractor and workers will be given a picture ID for access to Palm Beach Island during this period. This process takes up to three( )business days and needs to be planned accordingly. 7. I)ATED DAMAGES Liquated Damages shall be applicable after specific request Is made to awarded vendor to provide service and the awarded vendor fails to complete the Project or delivery the work in accordance with the specifications and to the satisfaction of the Town within the time stated shall cause the selected Proposer to be subject to charges for liquidated damages in theamount o 1%of the contract amount for each and every calendar day the Selected Proposer fails to timely achieve substantial completion and/or final completion. Upon notification of the Town to provide services as agreed to in the purchase order and failure to provide services is documented, Liquated Damages shall be As compensation due the Town for loss of use and for additional costs incurred by the Town due to such non-completion of the work,the Town shall have the right to deduct the liquidated damages from any amount due,or that may become due to the selected Proposer under this agreement,or to invoice the selected Proposer for such damages if the costs incurred exceed theamount due to the selected Proposer. 38. TERMINATION FOR CONVENIENCE a. The Committee may terminate performance of work under this contract in whole or in part(the"Work Terminated") if the Committee determines that such termination is in the Committee's best interest. The Committee shall terminate by delivering to the Contractor a Notice of Termination, specifying the extent of the Work Terminated and the effective date. b. After receipt of a Notice of Termination, a Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: 1. Stop work as specified in the notice. 2. Complete performance of the work not terminated. . TERMINATION, The Committees may terminate the contract in the event: . Contractor fails or refuses to prosecute the Work or any severable part, with the diligence that will insure its completion within the time specified in this Contract; b. Contractor fails to perform the services required of the Contractor under this Contract; C. Contractor violates laws, ordinances, rules, regulations of any governmental authority having jurisdiction; d. Contractor materially breaches any of the provisions of this Contract. When any single or combination of the above causes exist such cause(s)have not been cured after seven(7)days written demand by a Committee, the Committee may,with full reservation of, and without prejudice to any other right or remedy the Committee may have, upon giving Contractor and the surety five(5)days written notice,terminate the Contract. No payments shall be due to the Contractor until the Work is fully and finally completed Bid NO.2018- 3 Temporary Labor Services 1 Page 117 of 770 QF TOWN OF PALM BEACH BID NO. 2018-33 TEMPORARY LABOR SERVICES SCOPE OF SERVICES I. PURPOSE AND INTENT The Town of Palm Beach (hereinafter known as "Town") seeks proposals from firms having experience in providing temporary general labor services for the Towns' Public Works Department. The persons assigned to the Town will be considered employees of the agency and not of the Town. The Town is bidding this solicitation for both percentage markup and for fixed price by one of three job descriptions. The Town may find it in the best interest to establish a rate to be paid and have the firm provide the employee at that rate plus a markup(option 1). The Town may also require the vendor to supply a laborer at a predetermined rate to be quoted in this solicitation(option 2). The Contractor shall be required to provide, temporary services of employees as they relate to parks, streets, grounds maintenance, general maintenance, utilities and other departments as needed or required. II. SCOPE OF WORK Job Titles.. Job Descriptions and Minimum Requirements:, The extent and character of the services to be performed by the firm shall be subject to the general control and approval of the Contract Coordinator or authorized representative. The firm shall not comply with requests and/or orders issued by other than the Contract Coordinator or authorized representative acting within their authority for the Town. The Town Reserves the right to make adjustments to the job descriptions, including adding special requirements. Services to be provided to the Public Works Department Position Title: Facilities Maintenance/ Parks Laborer Employee shall be responsible for general labor duties involving landscaping, litter pick-up, construction and irrigation repairs at various Town facilities under the supervision of the Contract Coordinator, Facilities or Grounds Maintenance Supervisor. Essential Job Functions: • Ability to perform basic landscaping and grounds-keeping duties and tasks. • Ability to perform minor painting functions(including preparation, pressure washing and clean-up). • Ability to perform basic assistance with the installation of concrete and asphalt. • Ability to assist with irrigation system repairs(including trenching and pipe installation). • Ability to assist with sign and post installation. • Ability to operate a variety of powered and non-powered tools and equipment. • Ability to maintain related equipment in good working order; ensure proper storage of equipment. Rewired Knowledge, Skills and Abilities;. • General knowledge of maintenance and grounds work. • General knowled a of construction work. Bid NO, 2018-33 Temporary Labor Services 17 Page 118 of 770 • General knowledge of irrigation systems. • Knowledge and ability to operate a variety of maintenance equipment including but not limited to blowers, edgers,and trimmers. • Willingness to perform a wide variety of maintenance tasks including manual labor and lift 50 pounds. • Ability to maintain effective working relationships with other employees and the public. • Ability to work in a variety of environments and situations. • Ability to understand, interpret and effectively carry out written and oral instructions. • Ability to work on or near busy roadways. Normal Work Times • Ty ypLcal start time is 7:45 a.m. and the shift typically ends at 4:15, m. • Same overtime ma, be reouired at the Town's discretion. Position Title: Services Division Laborer Employee shall be responsible for working with a crew on collection routes, general labor duties involving landscape maintenance, litter pick-up and minor grounds maintenance task at the Town landfill facilities under the supervision of the Contract Coordinator, Trash Bureau Supervisor or his designee. Essential Job Functions: • Ability to effectively carryout verbal instructions as it relates to the collection of garbage, recycling and yard trash. • Ability to work extended hours under adverse condition such as rain, heat and wind while in the performance of duties tasked. • Ability and understanding of creating safe work zones as it relates to traffic, pedestrian control. • Ability to maintain related equipment in good working order; ensure proper storage of equipment. • Ability to perform basic landscaping and grounds-keeping duties and tasks. • Ability to perform minor painting functions (including preparation and clean-up). • Ability to operate a variety of powered and non-powered tools and equipment. • Ability to maintain related equipment in good working order; ensure proper storage of equipment. Required Knowledge, Skills and Abilities: • General knowledge of working within a heavy equipment industry. • General knowledge of the collection of garbage, recycling and yard trash. • General knowledge of maintenance and grounds work. • General knowledge of painting work. • Knowledge and ability to operate a variety of maintenance equipment. • Willingness to perform a wide variety of maintenance tasks including manual labor and lift at least 50 pounds. • Ability to maintain effective working relationships with other employees and the public. • Ability to work in a variety of environments and situations. • Ability to understand, interpret and effectively carry out written and oral instructions. Normal Work Times • Trigajristart time is 7:45 a.m. and the shift tvricall ends t 4:15 o.m. • Some overtime ma,. be required at the Town's discretion. Position Title. Water Resources Division Laborer Employee shall be responsible for: • Checking and cleaning equipment and tools etc. • Performs required labor involved in construction and maintenance of projects as part of a crew, including but not limited to pavement cutting, ditch digging, manhole and pipe cleaning, pumping station and pipe repair; • Operating various power equipment and hand tools commonly used in the sewer division. Bid NO. 2018-33 Temporary Labor Services 18 Page 119 of 770 • Frequently lifting and or moving up to 25 pounds and occasionally lifting and or moving up to 100 pounds. • Ability to work in confined spaces for extended periods of time, • Ability to work on or near busy roadways. Norma.1LN8(pfK.T!flj0 • TyrAcal start time is 7:45 a.m. and the shift_fY2LQql y i 11,2 en. 5 at 4:15 p.m. • Some overtime maytp-Igggired glijbg-lown's discretion. 1-4 CHARGES/FEES The Town shall set the temporary employees'hourly rates for each position based on the Town's hourly rates for the position being filled. The billing rate shall be the sum of the worker's hourly pay rate plus the Contractors percent markup.The Town will set the hourly rate at the time of hiring of each temporary employee;the Contractor shall agree on the employee's hourly rate as established by the Town. The Town will not pay any charges or fees assessed by the Contractor if anemployee assigned under this contract subsequently becomes anemployee of the Town as a result of being hired by the Town after application for a position through the open competitive personnel selection procedures of the Town. A. Supervision The Town of Palm each will designate Contract Coordinators from each department for which services are being provided. The Contract Coordinators shall act on behalf of the Town with respect to monitoring contractor performance under this Contract. The administration of the contract is vested in the Contract Coordinators. The Contract Coordinators shall have complete authority to require the Contractor to comply with all provisions of this Contract. However,the provisions of this Contract shall not be altered,waived or revoked by the Contract Coordinators. The Contract Coordinators principal duties shall be: A. Liaise with Contractor. B. Coordinate and approve all work under the contract. C. Resolve any disputes. D. Assure consistency and quality of personnel performance. E. Schedule and conduct personnel performance evaluations and document findings. F. Review and approve for payment all invoices for work performed B. Requirements The Contractor shall be required to have a local office within 30 miles of the Town of Palm each. The Contractor(s)shall be responsible for the successful completion of pre-placement candidate drug testing and criminal background check(s). The Contractor(s) shall be responsible for drug testing, criminal background check and verification of work documents of all personnel. Successful completion of pre-placement candidate drug testing and criminal background check must be performed within 5 days of Town request and candidate must be ready to start within seven (7)days of notification The Contractor(s)must waive all charges for employees who report to work and are deemed unsatisfactory within the first four hours. If the employee works more than four hours and is then deemed unsatisfactory,the Contractor may bill the To for all hours worked in the shift. a. Hours worked shall be reported in whole and quarter hours. Contractor(s)shall ensure that the temporary employee abides by all Town and respective department rules and work schedules, ............. Bid NO. 2018-33 Temporary Labor Services 19 Page 120 of 770 b. The Town shall not be held responsible for any tax obligation, including, but not limited to Federal Income Tax withholding, FICA, or unemployment compensation. Temporary personnel assigned by the Contractor(s)are not entitled to participate in any plans or benefits offered to Town employees. c. The Contractor(s)shall provide a weekly summary billing, which shall include the following information, at a minimum: Date, name of employee, rate of pay, bill rate, and number of hours worked in the period. Invoices must include signed copies of timecards, which are legible and properly approved by authorized department personnel. d. The Contractor(s)shall maintain such financial records and other records as may be prescribed by Federal and State laws, rules and regulations. The records shall be made available during the term of the contract and a subsequent three year period for examination, transcription and audit by the Town, its designees, or other authorized bodies. e. The Contractor(s) shall notify the Contract Coordinator(s) in the event of scheduling delays, or changes relating to the personnel assigned to the Town. f. Contractor's employees shall present a neat, clean, well-groomed appearance and shall conduct themselves in a respectable manner while performing their duties and while on Town Property or they will be denied employment. g. The Public Works Department will provide required Person Protection Equipment, such as gloves, vests, goggles etc. C. Job Titles,Job Descriptions and Minimum Requirements: The extent and character of the services to be performed by the firm shall be subject to the general control and approval of the Contract Coordinator or authorized representative. The firm shall not comply with requests and/or orders issued by other than the Contract Coordinator or authorized representative acting within their authority for the Town. The Town Reserves the right to make adjustments to the job descriptions, including adding special requirements. OTHER • Contractor must inspect sites before submitting proposal. * The Town of Palm each will designate a Contract Coordinator for the Public Works Department. The Contract Coordinator shall act on behalf of the Town with respect to monitoring contractor performance under this contract. The administration of this contract is vested in the Contract Coordinator. * Any questions regarding this project shall be directed to the Contract Coordinator. * Successful contractor's employee shall wear Town provided uniform shirts * Successful contractor's employees shall obtain a photo ID from the Town of Palm each Police Department before beginning any work for the Town. * Successful contractor's employees shall present a neat, clean, well-groomed appearance and shall conduct themselves in a respectable manner while per-forming the duties of this bid and while on Town Property. * A safety vest, meeting FDOT standards, shall be provided by the Town and shall be worn at all times when employee is working in roadways or right-of-ways. * There will be NO work performed on Sundays or holidays, unless authorized by contract coordinator. ..................... ... .. ............ ....... .... Bid NO.2018-33 Temporary Labor Services 20 Page 121 of 770 F p TOWN OF PALM BEACH r BID NO. 2018-33 TEMPORARY LABOR SERVICES BID PROPOSAL PAGE I 1 Percent of Markup over the established hourly rate (option 1 ) % i 2. Fixed rate for Facilities Maintenance/ Parks Laborer(option 2) $ v µ � Per hour ... .........- I 3 Fixed rate for Facilities Maintenance/Parks Laborer with drivers' $ Per hour license (option 3) _..__� .. .. . 4. Fixed rate for Services Division Laborer(option 2) $ Per hour 5. s Fixed rate for Service Division Laborer with drivers' license (option 3) $ Per hour 6. Fixed rate for Water Resources Division Laborer(option 2) $ Per hour Fixed rate for Water Resources Division Laborer with drivers' license + 7. $ Per hour (option 3) :n aa.� 8. Other fees/charges if applicable — Please explain $ BIDDER INFORMATION AND CERTIFICATION __-__.- The undersigned proposer certifies that this Bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions pverninthis Bid. COMPANY NAME: C STREET ADDRESS: CITY, STATE, ZIP CODE: EMAIL: ------ --------- TELEPHONE 1 FAX TEL: FAX: � FEDERAL ID# AUTHORIZED SIGNATURE DATE: **Failure to affix signature may result in disqualification of proposal. Bid NO. 2418-33 Temporary Labor Services 21 Page 122 of 770 ➢ All bids shall be submitted on the Town provided forms. Failure to do so may be cause for rejection. ➢ All blanks on the forms must be completed. ➢ Modifications to the forms(Unit of Measure, Descriptions, etc.) shall not be allowed and may be cause for rejection. ➢ Supplemental information may be attached. BIDDERS CHECKLIST All bids shall be submitted on the Town provided Bid Package forms. Failure to do so may cause the Bid to be rejected. All blanks on the proposed forms must be completed. Supplemental information may be attached to the bid package forms. Bidder shall return a complete set of all bid package forms as listed as follows. Failure to submit the required documents may result in your bid being considered non responsive. Are all Bid pages signed? Yes No Is Bidder's Qualification form completed and submitted? Yes No Staffinfi levels been explained (No. of employees available)? Yes No Business Tax Receipt included? Yes No Form W-9 included? Yes N Certifications/Licenses provided? Yes No Vendor Service Representative Information submitted? Yes No __ ,... Are addendum (if any, issued submitted? Yes No Has insurance requirements been acknowledged? Yes No Is Drug Free Work°lace form submitted? Yes No Is List of Proposed Sub-Contractors submitted, if any? Yes No Is List of Professional References submitted? 1 Yes No Is List of Equipment completed and submitted? 1 Yes No Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Name of Vendor's Representative: Address: Phone Number: Fax Number: E Mail Address: TOWN OF PALM BEACH Bid NO. 2018-33 Temporary Labor Services 22 Page 123 of 770 PA N yamU BID NO. 21x18-33 . _ TEMPORARY LABOR SERVICES BIDDER'S QUALIFICATION The Vendor, as a result of this bid proposal, must hold a County and/or Municipal Tax Receipt (Occupational License) in the area of their fixed business location. Each proposer must complete the following information and submit with their proposal in order to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: Email address: 2. Check One: Corporation ( ) Partnership( ) Individual( ) 3. If Corporation, state: Date of Incorporation: , State in which Incorporated: , 4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Name of Principal Officers Date elected: 6. The Vendor's length of time in business: __years _years 7. The Vendor's length of time(continuous) in business as a service organization in Florida: years 8. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the Town. Further, all bidders must disclose the name of any Town employee who owns, directly or indirectly, an interest in the bidder's firm or any of its branches. Name; Percentage of Interest: 9. A copy of County and/or Municipal Tax Receipt(Occupational License)in the area of their fixed business location. 10. A current, signed copy of your firm's IRS form W-9. Note: Information requested herein and submitted by the proposers will be analyzed by the Town of Palm Beach and will be a factor considered in awarding any resulting contract. The purpose is to Insure that the Proposers,in the sole opinion of the Town of Palm Beach, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are In conflict,the most stringent requirement shall apply. TOWN OF PALM BEACH Bid NO. 2018-33 Temporary Labor Services 23 Page 124 of 770 BID NO. 2018-33 TEMPORARY LABOR SERVICES ��., � • DRUG-FREE WORKPLACE CERTIFICATION Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the Town of Palm Beach for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). (4) In the statement specified in number(1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or nolo contendre to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by the (Individual's Name) of (Title/Position with Company/Vendor) (Name of Company/Vendor) Who does hereby certify that said CompanyNendor has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes,which are identified in numbers(1)through(6)above. Date Signature Bid NO.2018-33 Temporary Labor Services 24 Page 125 of 770 TOWN OF PALM BEACH� V2 BID NO. 2018-33 TEMPORARY LABOR SERVICESW PERTINENTLIST OF CURRENT & The following is a list of at le ( current(within last two years) and pertinent professional references that the Town can contact in relation toBidder's qualifications, financial stability, and experience. Failure to furnish this information may be grounds for rejection of the proposal. -� :a. 1. Name and Address of Firm, City, County, or Agency Scope of Work: F Date(s): ; # Amount: I Contact: Telephone No: For Town Use Only: Comments: Reference Verified: Yes No 2. Name and Address of Fir , City County, or Agency Scope of Work. Date(s): . Amount: Contact: Telephone No: � For Town Use Only: Comments .. .Reference Verified: Yes No 3. Name and Address of Firm, City, County, or Agency Scope o Work: D Date(s): Dunt: f _ � m i Contact: ele For Town Use Only: Comments: Reference Verified: Yes o . Name and Address of Firm, City County, or Agency I cape o Work: _ �. _ - -_. . . ... Amount: Contact: Telephone o For Town Use Only: Comments Reference Verified: Yes No 5. Name and Address of Firm City, County, or Agency Scope ofWork: Dates) Amount: Contact: ._.__.� Telephone No: For Town Use Only Comments: Reference Verified Yes No Bid NO. 2018-33 Temporary Labor Services 25 Page 126 of 770 he TOWN OF PALM BEACH .01 INVITATION TO BID No. 2018-33 l TEMPORARY LABOR SERVICES April 30, 2018 Addendum No. 1 This addendum shall modify and become a part of the original Solicitation Document. I The purpose of this addendum is to answer questions received. The due date remains May 15,2018,at 2:00 p.m. QUESTIONS Question 1: For the positions listed on Page 17—19, by position, who is/are the current vendor/vendors? Answer 1: GL Staffing and Faneuil Question 2: For the positions listed on Page 17 — 19, by position, how much did the Town of Palm Beach pay the current vendorlvendors in the fiscal year 2017? Answer 2: Total for FY$63,359.45 Question 3: How may we obtain a copy of the Bid Tabulation showing the amounts Bid by each responder the last time this RFP was open for a response? Answer 3: GL Staffing and Faneuil Question 4: Please identify if any of the temporaries utilized by the Town of Palm Beach will be required to perform any of the duties. Answer 4: GL Staffing and Faneuil Question 5: Please identify if any of the temporaries utilized by the Town of Palm Beach will be required to perform any of the duties. Answer 5: General answer is Garbage Truck Collection,Tree Trimming,and Driving Vehicles on Public Streets. Hazardous conditions are contracted out through construction awards. Garbage Truck Collection: Working on Roofs: Work utilizing a Body Harness or Lanyard: Work on/or erect Scaffolding more than(6' feet) off the ground or work surface: USL&H Work&Jones Act Work: Heavy Demolition Work: Work More Than(6) feet above the Ground or Work Surface Above Ground: Tunneling: Asbestos Abatement: Mold Removal: Working With Hot Chemicals: Tree Trimming: Operating Heavy Equipment/Motorized Equipment: Driving Vehicles on Public Streets: Question 6: In the event, there are increases in the Federal or State Minimum Wage or increases in the State Unemployment rate can the successful vendor/vendors be allowed to pass these increases as a pass-thru on their effective date Answer 6: Federal or State Minimum Wage Increases would be at cost only, and would not entertain increase to unemployment rate. =ITB2018-33—Temporary Labor Services—Addendum No.1 Page 1 Page 127 of 770 Question 7: What is the estimated volume of ITI3 #2018-33, either by Positions on Pages 17 — 19 by Number of Employees Need, Total Hours Per Year of Total Dollars Per Year? Answer 7: The Town estimates: Services- - employees at 30 hrek for 48 weeks. Grounds/Parks—one employee,year round except for holidays and weekends. Question 8: How do we arrange a pre-award safety inspection of the bidder's facility? Answer8: Project Manager out coordinate with awarded vendor(s). Question 9: On the "BIDDER INFORMATION AND CERTIFICATION," SECTION on Page 21 do you want the corporate or local office address? Answer 9:The corporate address should be shown on the Bid Proposal Page(page 21); local information and representative can be listed on page 22. Question 10: Do I understand that response to the Bid is Pages 21 —25 and the supporting documents requested on those pages? Answer 10: That is correct. Question 11: On the Pricing Section on Page 21 at Option will these workers be driving on Public Roads? Answer 11: out be dependent on need.As a general rule no. Question 12: Do you currently outsource these positions? Answer 12: No. Staffing is augmented by hiring temporary laborers as required to complete work. Question 13: If so, how much did you spend on outsourcing each year? Answer 13: We currently do not oulsource, only supplement work assignments with temporary labor. Total previous expenditure for all temporary laborer positions in FY 17 was$63,359.45 Question 14: How many workers do you need for each position? Answer14: Please refer to answer 7. Contingent on or requirements for project at time. Question 15: How many days will each position work in a year? Answer15: Contingent on work requirements for project at time. Please refer to answer 7. Question 16: What are your current pay rates for each position? Answer 16. We currently do not outsource, only supplement or assignments with temporary labor.Total previous expenditure for all temporary laborer positions in FY 17 was$63,359.45.The Town has historically paid between ten and twelve dollars per hour. Any questions concerning this document should be addressed to the undersigned Purchasing Manager via facsimile to(561)835-4688 or e-mail to: solicitations�FDjownoff,_,,&Me c b-ach. om, Dean Mealy, Purchasing Manager All Proposers shall acknowledge receipt of this addendum by annotating the Schedule of Bid Items/Proposal signature page with thea n er and completing the following section and returning with the Proposal Documents to verify receipt. Company Name:, Address: City, State, and Zip Code: fflPX3WM#" ITB No. 2018-33—Temporary Labor Services—Addendum No.1 Page 2 Page 128 of 770 Authorized Signature: ........ Print Name and Title: Telephone: ...... Email: ii I Ii ITS No. 2018-33—Temporary Labor Services—Addendum No.1 Page 3 Page 129 of 770 F. M O J to d Q z ym � r a z ff w E m M CL R y Q � 4 z a Q n C5 Cl 4 f: M 4 ® M N dH tlN " = m L a z gc W mi a) y q q N d A' ur er c Lp o o m M Ln p�i IL °Q N „t.'� C TY flu] = m C6 z 4 SR E( vs Li r< n m m o. E V N i la- r 1� w •r ,y T o P �C� u° r.i ymn �' Z C. � c isX va I ' a EY a G v a; E G Q p! 6 O 6t N C eq N ri M v-0 rtl a in E co i d, a m CL in Yr t5- yr � a C 3 0 7 3 7 c W E2 ^ W O N O J J N L ~ m d d o O W y a L N y O y 0 N W M y, Z U V 9 ? S a- e ? r=0 i til m co DC 1 `o m~ .0 'L .a Q N m a y ,i a Z� m $ g O H a �' -° v .0 a o O 6 G m d ° o �° a ro 3 W 0 3 m p Y 7 6 c m m W N c m IL LL LL u co (n w E m -P a m E u °LLr .°. E a' o'_^ - .�. w ..�. .d. P w N N N C w E � u . d3 �` Eo r x xx� L a n y m „ c F e,v d v LL v LL $ LL Ii - LL O ILL E 6 o Y E va] E N M a W a 0 z Page 130 of 770 AWARD BY VENDOR: Labor Max Staffing 1 Percent of Markup over the established hourly Prima rate(option 1) Primary 2 Fixed rate for Facilities Maintenance/Parks Primary Laborer(option 2) I 3 Fixed rate for Facilities Maintenance/Parks Prima ` Laborer with drivers' license(option 3) 4 Fixed rate for Services Division Laborer Prima (option 2) D' ;Fixed rate for Service Division Laborer with Primary idrivers' license(option 3) Fixed rate for Water Resources Division 6 Laborer(option 2) Primary Fixed rate for Water Resources Division Primary Laborer with drivers' license(option 3) Packplus,Inc. Percent of Markup over the established hourly y 1 rate(option 1' Seccncfar A&Associates Fixed rate for Facilities Maintenance/Parks _ 2_ Laborer(,option 2'. Secondary 3 Fixed rate for Facilities Maintenance/Parks Tertiary Laborer with drivers' license to Ution 3; 4 Fixed rate for Services Division Laborer Secondary `oL)tion 2 5 Fixed rate for Service Division Laborer with Tertiary drivers' license(oration 3) 6 fixed rate for Water Resources Division Secondary Laborer o ptlon 2) Fixed rate for Water Resources Division Secondary Laborer with drivers' license °o tion 3`, GL Staffing Services 2 Fixed rate for Facilities Maintenance/Parks y tion2 Laborer o fattier Fixed rate for Facilities Maintenance/Parks 3 ;Laborer with drivers' license option 3°p Secondary 4 Fixed rate for Services Division Laborer y "rertiar Ro Etion 2 5 Fixed rate for Service Division Laborer with Secondary drivers'license o tion 34 Fixed rate for Water Resources Division 6 Laborer(,option 2), Tertiary 7 Fixed rate for Water Resources Division crtia ry Laborer with drivers' license t'o tion 3i Page 131 of 770 RESOLUTION NO. 092-2018 A RESOLUTION OF THE TOWN COUNCIL OF 'rHE TOWN OF PALM EACH, PALM BEACH COUNTY, FLORIDA, APPROVING A PURCHASE ORDER FOR TEMPORARY STAFFING SERVICES TO LABOR MAX STAFFING IN THE AMOUNT OF $24,300 AND ESTABLISHING A PROJECT BUDGET OF $28,000 FOR FY18. THE ANNUAL PROJECT BUDGET SHALL BE $167,420, PLUS A $20,000 ANNUAL CONTINGENCY,FOR A FIVE(5)YEAR PROJECT BUDGET OF $937,100,CONTINGENT ON FUNDING IN FUTURE FISCAL YEARS. Section. I. The Town Council of the Town of Palm each hereby authorizes a purchase order to Labor Max Staffing in an amount of$24,300 for temporary labor services and establishes a project budget of$28,000 for FYI 8. The annual project budget shall be $167,420,plus a$20,000 annual contingency, for a five (5)year project budget of$937,100 contingent on funding in future fiscal years. Section 2. The Town Manager is hereby authorized to execute this contract extension on behalf of the Town of Palm each for this improvement. S do „3. The Town Manager, or his designee, is hereby authorized to take such her actions as may be necessary to effectuate the completion of the said project work, including any necessary change order work as recommended by the Public Works Director, PASSED AND kDOPTED in a regular adjourned session of Town Council of the Town of Palm each this 10111 day of July 2018. 1AC 4o n Li g I i-c 04' Gai, C glio, N ayor AT EST: -a.. ......... "' ' K Kathleen Dominguez, Town Cle Page 132 of 770 . .......... TOWN OF PALM BEACH Information for Town Council Meetino on: Jule 1 O, 2018 TO: Mayor and Town Council VIA: Kirk W. Blouin, Town Manager FROM: H. Paul Brazil, P.E., Director of Public Works RE: Award a Contract to Labor Max Staffing for Temporary Labor Services Resolution No. 092-201$ DATE: June 15,2018 STAFF RECOMMENDATION Town staff recommends that Town Council approve Resolution No. 092-2018, awarding a purchase order to Labor Max Staffing for temporary labor services in an amount not-to-exceed $28,000 for FY18. The annual project budget shall be $167,420,plus a$20,000 annual contingency, for a five(5) year project budget of$937,100 contingent on funding in future fiscal years. GENERAL INFORMATION The Public Works Department uses a temporary labor pool to supplement the existing Town workforce and assist with various tasks throughout the Town. These tasks include roadway sweeping and landscape debris collection in the Trash Bureau, collection of litter, landscape debris and other tasks in the Grounds Bureau. This pool of employees operates under the direct supervision of Town staff. The current vendor utilized by the Town was based in Virginia and unable to provide employees in a prompt manner and the Town opted to solicit a new bid for these services. The Town issued Bid No. 2018-33 for the temporary labor services. This bid requires the vendor to have an office located within 30 miles of the Town and staffing to be available with 72 hours. Pricing was requested for labor services in the Services,Facilities and Water Resources Divisions. Option one (1)is for a percentage mark-up over established hourly rates.Option two(2)is for a fixed hourly labor rate and Option three(3)is a fixed hourly rate with a drivers' license. On May 22, 2018, six(6)vendors submitted bids to provide this service. The Town reviewed the bids and identified primary, secondary, and tertiary vendors for each Option and each Division. This will eliminate the need to rebid services if one or more vendors fail to perform their duties as described in the contract or if their current workload prevents them from responding to Town requests for temporary labor assistance. The Options and awarded vendors are described below: Page 133 of 770 Option One (1)—Percent of Mark-up Over the Established liourly to(All Divisions) - Primary Awardee—Labor Max Staffing - Secondary Awardee—Packplus,Inc. - Tertiary Awardee—Resume Hounds,Inc. Option Two(2)—Fixed Rate - Primary Awardec,—Labor Max Staffing - Secondary Awardee—A&Associates - Tertiary Awardee—GL Staffing Services Option Three(3)—Fixed Rate with a Driver's License - Primary Awardee—Labor Max Staffing - Secondary Awardee—A&Associates(Water Resources) - Secondary Awardee—GL Staffing(Facilities and Services) - Tertiary Awardee—A&Associates(Facilities and Services) - Tertiary Awardee—GL Staffing(Water Resources) Based on submitted bids, Town staff requests awarding a purchase order to Labor Max Staffing for temporary labor services in the amount of$24,300. The FYI 8 project budget shall be established at $28,000 which includes a fifteen percent(15%) contingency for unforeseen or emergency work. The five(5)year project budget is estimated to be$937,100 which includes an annual cost of$167,420 and a $20,000 annual contingency based on funding in future fiscal years. FUNDINGNISCAL EVIPACT Sufficient tunds exist in the Public Works FY18 operating budget to accomplish this work. Future work will be contingent on funding in future fiscal years. PURCHASING REVIEW This item has been reviewed by the Purchasing Division and approved as recommended. TOWN ATTORNEY REVIEW This Resolution has been reviewed and approved by the Town Attorney for legal form and sufficiency. Attachment cc: Jane Le Clainche,Director of Finance Eric B. Brown,P.E.,Assistant Director of Public Works Brett Madison, Facilities Division Manager Chester Purves, Services Division Manager can Mealy,Purchasing Manager Page 134 of 770 Greco-Arendbia. Adrianna From: Sophia John <sjohn@g1staffing.com> sent- Tuesday, December 04,2018 9:12 AM TO. Greco-Arencibia,Addanna Subjeft GL STAFHNG SERVICES,INC. Good Morning Ms.Greco. We are pleased to authorize the City of Boynton Beach the right to pigg the off our contract with the Town of Palm Beach Contract#2018-33 and we will honor the same pricing and terms per the contract and the length of it with any renewals. if you have any questions, please feel free to reach out to me at 954-487-0659. Sincerely, ON#dr OA &AY Sales Manager-Bmward Region Off. 954-893-7717 Calift 954-487-0659 VMM0!ffng&QM qjy1A KVF F 1(�N E� I ` O"IMPORTAAff MESSAGE*** This message Is Intendedfor the use of the person or entity to whom is addressed and moy contain infonnotion that Is privileged and con fldendal, the disdasure of which Is govemed by applicable I .If the reader of this email is not the Intended redpient or the employee or agent responsIble to deliver It to the Intended redplent,you are hereby notifted that any dissemination,dhtdbadon or copying of this Information Is STRICTLY PROHIBITED, If you have received this email by error,please notify me Immediately Wo one or email,and destroy the related message. E-Verifly' A . 'And C UR Page 135 of 770 Greco-Arencibia, Adrianna From: Robert Jackson <robert Jackson@iabormaxstaffing.com> Sent: Thursday, December 06, 2018 2:37 PM To: Greco-Arencibia, Adrianna Cc: Thad Jackson Subject: Re: Labor Max Staffing - Letter of Authorization Request Attachments: image230375.png Unfortunately, we will not be able to resign the exact same contract. At the time this contract was signed,we did not consult our contracts department, and found out that we had agreed to terms and conditions that were unacceptable to our corporate office. We will gladly sign a new contract with the City of Boynton Beach, and still give a very comparable rate to that of Town of Palm Beach. It is not the rate that is the issue,but some of the terms as written in contract 2018-33. 1 am sorry for the inconvenience, please let me know how you would like to proceed.. Thank You, Robert Jackson Account Manager LaborMax Staffing 2930 Forest Hill Blvd.Unit D Palm Springs, FL 33406 561-651-9824 Office 407-978-1668 Cell 561-651-9467 Fax . -obert 1 cks nia laborniaxstaffirtg.com Visit us at www.Iabormaxstafftn&corn Like us on Facebook at_www,,faclebookcorwIA00prsta fI_ i v "Changing People's Lives Is What We Do, Putting Them Back To Work Is How We Do It" 4 m a cird ED Page 136 of 770 On Thu, Dec 6, 2018 at 1:22 PM Greco-Arencibia, Adrianna< Ur--C,.- a~ il:bQaAt: I bbfl.u.s>wrote: Good afternoon, We can only piggyback the contract for the laborers stated within it. We have to follow time contract exactly the way it is written according to the Town of Palm Reach and what your company accepted. There cannot be any changes or revisions made to the contract or we cannot use it.. I reed a letter of authorization from your company right away or we will not be able to request a purchase order. I need the letter within the hour, can you supply the letter? Tease advise,thank you. Adrianna Greco-Arencibia Assistant to Director fa Public Works/Solid Waste Mailing Address: P.G. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 5011-742-6596 561-742-6211 r' Greco-ArencibiaA@bbfl,us boynton-beach org/ S Please be advised that Florida has a = road public records law and all correspondence to me via email may be sub=ject to disclosure.U nder Florida records law, email addresses are prr lic records.Therefore,your e-rnail corumunication and your e-rnail address may be subject to public disrlosure. From:Thad Jackson <tti ad i r so:i�`=1 l orrnaxst �ne.coni> ............_. Sent:Wednesday, December 05, 2018 9:31 AM To: Greco-Arencibia,Adrianna <Greco Ar-unc:i is �bfLu g> Cc: Robert Jackson<robert,iac som. labor: axstaf ir: .rsorr> Subject: Re: Labor Max Staffing- Letter of Authorization Request Good Morning Adrianna, I just heard back from my contracts department, and to give you a brief summary, I signed the Town of Palm Beach contract shortly after opening my entity. 2 Page 137 of 770 Unfortunately, I did so without using my contracts department. I later discovered I had agreed to some work & language that Labor ax does not traditionally accept. Therefore, I am able to honor the rate,however I can either have my contracts department remove the jobs and language, or City of Boynton each can submit their own contract.... whichever is easiest. Just for clarification, the jobs Labor ax does not traditionally accept (because of insurance& liability) are: Riding on back or driving trash collection vehicles, work on pitched roofs/roofing or any type of care, such as nursing, caregivers etc. Please let me know if you have any questions or concerns. I would love to have your business.. Lastly, I will be on a flight and unavailable today after 1:30 ET Thanks Thad Jackson On Mon, Dec 3, 2018, 10:19 AM Greco-Arencibia, Adrianna<Greco-ArencibiaA(flzbbfl,us wrote: ...........................— Thank you for getting back to me, 10r,Jackson contacted me and will be sending me the information I need. Thank you 3 Page 138 of 770 i Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 ( Boynton Beach, Florida 33425 i Physical Address: 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 1 561-742-6211 Greco-Arenc1biaA@bbfl.us I Boynton-beach.org/ Please be advised that Florida has a bread public records iaw and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail :address l jay",e subject to public disclosure. From: Thad Jackson<thad.e c son dab fir rnaxstaffir:;�_",co > Sent: Monday, December 03, 201810:36 AM To:Greco-Arencibia,Adrianna < :eco ArencibiaA hbfl us> Cc:contracts( _ o taf r o orr: Robert Jackson<f b is ks ras sly b r axs of :� , orn .. ...�...... .. ...i Subject: Re: Labor Max Staffing- Letter of Authorization Request Adrianna, I am out of town until Wednesday, however I have copied my contracts department on this email On Mon, Dec 3, 2018, 8:11 AM Greco-Arencibia, Adrianna<Greco-ArencibiaAq bbfl.tts wrote: Good morning, My name is Adrianna with the City of Boynton Beach. We would like to piggyback your Town of Palm Beach Contract#2018-33. We are in the process of creating our blankets for the new fiscal year and need a letter of authorization stating the contract# and authorizing the City of Boynton Beach to piggyback the contract and saying you will honor the same pricing and terms. Would you be able to provide me with an authorization letter by Wednesday, December 5th or sooner? If you have any questions,please let me know; 4 Page 139 of 770 Thank you Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:222. NE 9th Ave. I Boynton Beach, Florida 33435 _ 561-742-6596 1 561-742-6211 Greco-ArencibiaAbbfi.us I oynton-beach.or / Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are Public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 5 Page 140 of 770 6.D. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS555443A with IXOM Watercare, Inc. for MI EX System Support with the same terms, conditions, specifications and pricing. The maximum anticipated annual expenditure for the MI EX System Support services is $52,950. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of MI EX system support services. EXPLANATION OF REQUEST: Term of Renewal Period: September 18, 2018 - September 17, 2019 As part of the upgrade and expansion of the East Water Treatment Plant, the MI EX anion exchange treatment process was added to remove organics from the raw water. The MIEX process utilizes magnetically charged DOC anion exchange resin beads which aid in the removal and settling of organics. Over time, attrition of the resin beads occurs and additional resin must be added to maintain the ongoing operation of the treatment process. The support services agreement requested herein, will provide a mechanism for the MIEX system representatives to analyze day to day operational data, collect and analyze samples and perform field inspections. The MIEX system representatives will then provide feedback for process optimization and reduction of resin replacement. Utilities will utilize an existing Palm Beach County contract with IXOM Watercare, Inc. for MIEX System Support services. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The use of MIEX anion exchange system is already proving to have significantly improved the quality of the finished water for the customers of Boynton Beach Utilities. Technical services are needed in order to optimize operations. FISCAL IMPACT: Budgeted Budgeted funding is available in Utilities account 401-2811-536-34.63 ALTERNATIVES: Since the MI EX treatment process is an integral part of the East Water Treatment Plant, there is no feasible alternative at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 141 of 770 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Contract MlEX System Support Contract Renewal D Contract MlEX System Support Contract D Quotes MI EX Ser\Ace Agreement TC Letter & Quote Page 142 of 770 sf tkt p,. 4 h V t ff G ° Form L Pvndhavl af; §siv szf= s July 31, 2018 ...� . Ixom Watercare, Inc. Jon Dyess 8150 S Akron Street, Suite 401 Centennial, CO 80112 TERM CONTRACT#SS555443A 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 IXOM WATERCARE. INC. MIEX SYSTEM SUPPORT based on: �'8Y� Q"Sb1<,hdf,fiv,F' [X) RENEWAL OF CONTRACT based on SOLICITATION #SS5554431KM in accordance with all original terms, conditions, specifications and prices with no deviation. Vendor shall notify Purchasing immediately if the sole source ,7 status changes. The term of this contract is 09/18/18 through 09117119, and has an estimated dollar value of$90,000.00. If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof. County User Departments will issue individual "Delivery Orders" against this contract as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 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 C fcmu� ,U the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidlquotetresponse must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at htttps:l/pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSeIfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Colleen Cardillo, Senior Buyer at ccardiIIA-Pbcgov.org or(561) 616-6839. Sincerely, Tammy Smith I ° Purchasing Manager I c: Vernetha Green, Water Utilities File ll Page 143 of 770 Board of County Commissioners County Administrator Paulette Burdick, Mayor Verdenia C. Baker Melissa McKinlay, Vice Mayor Hal R.Valeche Dave Kerner Steven L.Abrams Mary Lou Berger Purchasing Department Mack Bernard www.pbcgov.org/purchasing I BOARD OF COUNTY COMMISSIONERS SOLE SOURCE SOLICITATION #SS5554431KM IXOM WATERCARE, INC. MIEX SYSTEM SUPPORT, TERM CONTRACT DUE DATE: August 11, 2017 AT 4:00 P.M. It is the sole purpose and intent of this solicitation to secure a contract for item(s) and/or services as listed herein. The sole source vendor is hereby placed on notice that acceptance of its response by Palm Beach County shall constitute a binding contract. This Solicitation, General Conditions, Instructions, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this solicitation and response thereto, and by reference are made a part thereof. The sole source vendor shall be bound by all terms, conditions and requirements in these documents. Vendor shall notify Palm Beach County Purchasing Department immediately if the sole source status changes. SUBMIT SOLICITATION TO: Palm Beach County Purchasing Department Attention:_Kristen A. Monnett, Senior Buyer 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415.3199 Fax#: 561 242-6724 E-mail- kmonnett(a_pbcgov.orq Solicitation may be submitted via fax or e-mail. C A U T I O N 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 hftps://pbcvssp.co.palm-beach.fl.us/webai3p/vssp/AltSeilfService. 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 33413-3199 (561) 616-6800 FAX: (561) 616-6811 Page 144 of 770 I Page 2 of- GENERAL f GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION GENERAL CONDITIONS 1. GENERAL INFORMATION subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to Vendor is advised that this package constitutes the complete set of be either a critical facility ("Critical Facilities") or a Criminal justice specifications, terms, and conditions which forms the binding contract information facility ("CJI Facilities"), which are critical to the public between Palm Beach County and the vendor. Changes to this solicitation safety and security of the County. County facilities that require this may be made onlyby written amendment issued by the County Purchasing heightened level of security are identified in Resolution R-2003-1274, Department. Vendor is further advised to closely examine every section of as amended. In October 2013, compliance with the requirements of this document,to ensure that all sequentially numbered pages are present, the U. S. Federal Bureau of Investigations CJI Security Policy was and to ensure that it is fully understood. Questions or requests for added to the Ordinance, which includes a broad list of disqualifying explanations or interpretations of this document must be submitted to the offenses.The vendor is solely responsible for understanding the Purchasing Department contact in writing. Vendor certifies that its response financial, schedule, and/or staffing implications of this is made without reliance on any oral representations made by the County. Ordinance. Further, the vendor acknowledges that its bid price includes any and all direct or indirect costs associated with compliance The obligations of Palm Beach County under this award are subject to the of with this Ordinance, except for the applicable FDLElFBI fees that availability of funds lawfully appropriated for its purpose. shall be paid by the County. 2. LEGAL REQUIREMENTS e. PUBLIC ENTITY CRIMES: F.S.287.133 requires Palm Beach County to notify all vendors of the following: "A person or affiliate who has a. COMPLIANCE WITH LAWS AND CODES; Federal, Slate, County been placed on the convicted vendor list following a conviction for a and local laws, ordinances, rules and regulations that in any manner public entity crime may not submit a response on a contract with a affect the items covered herein apply. Lack of knowledge by the public entity for the construction or repair of a public building or public vendor shall in no way be a cause for relief from responsibility. The work, may not submit bids on leases of real property to a public entity, vendor shall strictly comply with f=ederal, Stale and local building and may not be awarded or perform work as a contractor, supplier, safety codes. Equipment shall meet all State and Federal Safely subcontractor, or consultant under a contract with any public entity, regulations. Vendor certifies that all products (materials, equipment, and may not transact business with any public entity in excess of the processes, or other items supplied in response to this solicitation) threshold amount provided in F.S.287.017 for CATEGORY TWO for a contained in its response meets all ANS[. NFPA and all other Federal period of 36 months from the date of being placed on the convicted and State requirements. Vendor further certifies that if the product vendor list." delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs f. NON-COLLUSION: Vendor certifies that it has entered into no necessary to bring the product into compliance shall be borne by the agreement to commit a fraudulent,deceitful, unlawful, or wrongful act, vendor. or any act which may result in unfair advantage for one or more vendors over other vendors. Conviction for the Commission of any Any toxic substance provided to the County as a result of this fraud or act of collusion in connection with any sale, bid, quotation, solicitation or resultant contract shall be accompanied by its Safely proposal or other act incident to doing business with Palm Beach Data Sheet(SDS). County may result in permanent debarment. The Uniform Commercial Code (Florida Statutes, Chapter 672) shall No premiums, rebates or gratuities are permitted; either with, prior to prevail as the basis for contractual obligations between the vendor and or after any delivery of material or provision of services. Any such Palm Beach County for any terms and conditions not specifically violation may result in award cancellation, return of materials, stated in the solicitation. discontinuation of services, removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach b. DISCRIMINATION PROHIBITED: Palm Beach County is committed County. to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach g. CONFLICT OF INTEREST: Vendor shall disclose with their response County Resolution R-2014-1421, as may be amended, the vendor the name of any officer,director,or agent who is also an employee or warrants and represents that all of its employees are treated equally a relative of an employee of Palm Beach County. Further, vendor during employment without regard to race, color, religion, disability, shall disclose the name of any County employee or relative of a sex, age, national origin, ancestry, marital status, familia[ status, County employee who owns, directly or indirectly, an interest of ten sexual orientation, gender identity and expression or genetic percent or more in the vendor's firm or any of its branches. information. Per Resolution R-2014-1421. as may be amended, the vendor shall compIV with the requirements set Jorth in Section 3.d. h. SUCCESSORS AND ASSIGNS: The County and the vendor each hereinbelow. binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County nor the vendor c. INDEPENDENT CONTRACTOR RELATIONSHIP: The vendor is, shall assign, sublet, convey or transfer its interest in this Contract and shall be, in the performance of all work, services, and activities without the prior written consent of the other. under this Contract, an Independent Contractor and not an employee, agent, or servant of the County. All persons engaged in any of the 1. INDEMNIFICATION: Regardless of the coverage provided by any work or services performed pursuant to this Contract shall at all times, insurance, the vendor shall indemnify, save harmless and defend the and in all places,be subject to the vendor's sole direction,supervision, County, its agents, servants, or employees from and against any and and control. The vendor shall exercise control over the means and all claims, liability, losses and/or causes of action which may arise manner in which it and its employees perform the work, and in all from any negligent act or omission of the vendor, its subcontractors, respects the vendor's relationship, and the relationship of its agents, servants or employees during the course of performing employees, to the County shall be that of an Independent Contractor services or caused by the goods provided pursuant to this solicitation and not as employees or agents of the County. and/or resultant contract. d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant j. PUBLIC RECORDS,ACCESS AND AUDITS: Any material submitted To Palm Beach County Code Section 2-371 through 2-377, the Palm in response to this solicitation is considered a public document in Beach County Criminal History Records Check Ordinance accordance with Section 119.07,F.S. This includes material which the ("Ordinance"), the County will conduct fingerprint based criminal vendor might consider to be confidential. All submitted information history record checks on all persons not employed by the County who that the vendor believes to be confidential and exempt from disclosure repair,deliver, or provide goods or services for,to,or on behalf of the (i.e., a trade secret or as provided for in Section 119.07 and Section County. A fingerprint based criminal history record check shall be 812.081, F.S.)must be specifically identified as such. Upon receipt of conducted on all employees of vendors, contractors, and a public records request for such information, a determination will be Page 145 of 770 Page 3 o� made as to whether the identified information is,in fact,confidential. N. OLIVE AVENUE, WEST PALM The vendor shall maintain records related to all charges, expenses, BEACH, FL 33401, BY E—MAIL AT and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The . ORG County shall on for the purpose of inspection or audit duve access to such ring normals as rb businred in ess hours,sl,at OR BY TELEPHONE AT 561-355-6680. the vendor's place of business. k. INCORPORATION,PRECEDENCE,JURISDICTION: This solicitation Notwithstanding anything contained herein, as provided under Section shall be included and incorporated in the final award. The order of 119.0701,F.S.,if the Vendor: (1)provides a service;and(ii)acts on contractual precedence shall be the solicitation document (original behalf of the County as provided under Section 119.011(2), F.S., terms and conditions), response,and purchase order or term contract the Vendor shall comply with the requirements of Section 119.0701, order. Any and all legal action necessary to enforce the award or the Florida Statutes,as it may be amended from time to time. The Vendor resultant contract shall be held in Palm Beach County and the is specifically required to: contractual obligations shall be interpreted according to the laws of Florida. 1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service; I. LEGAL EXPENSES: The County shall not be liable to a vendor for 2) Upon request from the County's Custodian of Public Records any legal fees, court costs, or other legal expenses arising from the ("County's Custodian") or the County's representativelliaison, on interpretation or enforcement of this contract,or from any other matter behalf of the County's Custodian, provide the County with a copy generated by or relating to this contract. of the requested records or allow the records to be inspected or copied within a reasonable time at a coal that does not exceed in NO THIRD PARTY BENEFICIARIES: No provision of this Contract is the cost provided in Chapter 119 or as otherwise provided by intended to,or shall be construed to,create any third party beneficiary law. The Vendor further agrees that all fees, charges and or to provide any rights to any person or entity not a party to this expenses shall be determined in accordance with Palm Beach Contract, including but not limited to any citizen or employees of the County PPM CW-F-002, Fees Associated with Public Records County and/or vendor. Requests,as it may be amended or replaced from time to time. 3) Ensure that public records that are exempt, or confidential and n. SCRUTINIZED COMPANIES WHEN CONTRACT VALUE IS exempt from public records disclosure requirements are not GREATER THAN $1 MILLION): As provided in F.S. 287.135, by disclosed except as authorized by law for the duration of the entering into a Contract or performing any work in furtherance of this contract term and following completion of the Contract, if the Sole Source solicitation, the VENDOR certifies that it, its affiliates, Vendor does not transfer the records to the public agency. suppliers,subcontractors and consultants who will perform hereunder, Nothing contained herein shall prevent the disclosure of or the have not been placed on the Scrutinized Companies With Activities in provision of records to the County. Sudan List or Scrutinized Companies With Activities in The Iran 4) Upon completion of the Contract,the Vendor shall transfer, at no Petroleum Energy Sector List created pursuant to F.S. 215.473, or on cost to the County, all public records in possession of the Vendor the Scrutinized Companies that boycott Israel List, or is engaged in a unless notified by the County's representativelliaison,on behalf of boycott of Israel,pursuant to F.S.215.4725,or is engaged in business the County's Custodian, to keep and maintain public records operations in Cuba or Syria. required by the County to perform the service. If the Vendor transfers all public records to the County upon completion of the If the County determines, using credible information available to the Contract, the Vendor shall destroy any duplicate public records public,that a false certification has been submitted by VENDOR,the that are exempt, or confidential anis exempt from public records resulting Contract from this Sole Source solicitation may be terminated disclosure requirements. If the Vendor keeps and maintains and a civil penalty equal to the greater of $2 million or twice the public records upon completion of the Contract,the Vendor shall amount of this Contract shall be imposed,pursuant to F.S.287.135. meet all applicable requirements for retaining public records. All records stored electronically by the Vendor must be provided to 3. SUBMISSION OF RESPONSE: Response must be submitted on the County, upon request of the County's Custodian or the County's provided Sole Source "Response" Form. Responses on vendor representativelliaison, on behalf of the County's Custodian, in a letterhead/quotation forms shall not be accepted. Responses must be formal that is compatible with the information technology systems signed by an agent of the company having authority to bind the of the County,at no cost to the County. company or firm. FAILURE TO SIGN THE RESPONSE FORM AT THE INDICATED PLACE(S)SHALL BE CAUSE FOR REJECTION OF THE Vendor acknowledges that it has familiarized itself with the RESPONSE. Responses are to be submitted to the Palm Beach requirements of Chapter 119, F. S., and other requirements of state County Purchasing Department representative no later than the law applicable to public records not specifically set forth herein. time indicated herein. Failure of the Vendor to comply with the requirements of this Section, Chapter 119,F.S.and other applicable requirements of state law,shall a. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise be a material breach of this Contract. The County shall have the right directed in the Special Conditions of this solicitation, vendor should to exercise any and all remedies available to it for breach of contract, include with its response a copy of all applicable Certificates of including but not limited to,the right to terminate for cause. Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor IF -I-I„IE VENDOR HAS QUESTIONSshown on the response page. It shall also be the responsibility of the vendor to maintain a current Local Business Tax Receipt REGARDING THE APPLICATION OF (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no additional cost to CHAPTER 119, FLORIDA STATUTES, Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically TO THE VENDOR'S DUTY TO exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt(Occupational License),the vendor should include the current PROVIDE PUBLIC RECORDS Local Business Tax Receipt (Occupational License) issued to the vendor in the response. It is the responsibility of the vendor to ensure RELATING TO THIS CONTRACT, that all required certifications, licenses and permits are maintained in PLEASE CONTACT THE CUSTODIAN force and current throughout the term of the contract. Failure to meet OF PUBLIC RECORDS AT RECORDS this requirement shall be considered default of contract. REQUEST PALM BEACH COUNTY b. PERFORMANCE DURING EMERGENCY: By submitting a response vendor agrees and promises that, during and after a public PUBLIC AFFAIRS DEPARTMENT, 301 emergency, disaster, hurricane, flood, or acts of God, Palm Beach Page 146 of 770 Page 4 er i� County shall be given "first priority'for all goods and services under accepted. this contract. Vendor agrees to provide all goods and services to Palm Beach County during and after the emergency at the terms,conditions, PALM BEACH COUNTY and prices as provided in this solicitation on a 'first priority" basis. FINANCE DEPT. Vendor shall furnish a 24-hour phone number to the County in the P.O.BOX 4036 event of such an emergency. WEST PALM BEACH, FL 33402-4036 c. SALES PROMOTIONS 1 PRICE REDUCTIONS: Should sales Payment shall be made by the County after goods 1 services have promotions occur during the term of the contract that lower the price of been received, accepted and properly invoiced as indicated in the the procured item, the vendor shall extend to the County the lower contract and 1 or order. Invoices must bear the order number. The price offered by the manufacturer on any such promotional item. Florida Prompt Payment Act is applicable to this solicitation. Interest Further, any price decreases effectuated during the contract period by penalties will only be paid in accordance with the Florida Prompt reason of market change or otherwise, shall be passed on to Palm Payment Act,Florida Statute 218.70. Beach County. Additionally,anytime after award,the vendor may offer a reduced price which shall remain in effect for the duration of the Note: Palm Beach County Vendors can now be paid by Credit contract. Card via the County's voluntary Payment Manager Program. For vendors who don't have a merchant account, one is needed to utilize d. VENDOR'S NON-DISCRIMINATION POLICY: The vendor shall the Program. For vendors with a merchant account,you will need to perform the following and shall use the attached form "Non- enroll with the Palm Beach County Clerk& Comptroller's office. For Discrimination Policy"in order to do the same: information, contact the Palm Beach County Clerk & Comptroller at bcpgymentma rnvcalmbeaghclerk.co or 561-355-7851. 1. Submit to Palm Beach County a copy of its non- discrimination policy,which shall be consistent with the non- d. CHANGES: The Director of Purchasing, Palm Beach County, by discrimination policy of Palm Beach County as set forth in written notification to the vendor may make minor changes to the Section 2.b.hereinabove;OR contract terms. Minor changes are defined as modifications which do 2. In the event that the vendor does not have a written non- not significantly alter the scope,nature,or price of the specified goods discrimination policy, the vendor shall sign and submit to or services. Typical minor changes include, but are not limited to, Palm Beach County a statement affirming that its non- place of delivery, method of shipment, minor revisions to customized discrimination policy is in conformance with Palm Beach work specifications, and administration of the contract. The vendor County's non- discrimination policy as provided in Palm shall not amend any provision of the contract without written Beach County Resolution R-2014-1421, as may be notification to the Director of Purchasing, and written acceptance from amended. the Director of Purchasing or the Board of County Commissioners. The vendor shall satisfy the requirements set forth in this Section 3.d. e. DEFAULT: The County may, by written notice of default to the prior to execution of a contract with Palm Beach County and within a vendor,terminate the contract in whole or in part if the vendor fails to time frame specified by Palm Beach County(normally within 2 working satisfactorily perform any provisions of this solicitation or resultant days of request). The vendor's failure to satisfy the requirements set contract, or fails to make progress so as to endanger performance forth herein shall render its bid non-responsive. It is the responsibility under the terms and conditions of this solicitation or resultant contract, of the successful bidder to maintain a non-discrimination policy that or provides repeated non-performance, or does not remedy such conforms with the County's policy as set forth in Section 2.b. failure within a period of 10 days (or such period as the Director of hereinabove throughout the term of the contract. Failure to meet this Purchasing may authorize in writing) after receipt of notice from the requirement shall be considered a default of contract. Director of Purchasing specifying such failure. In the event the County terminates this contract in whole or in part because of default of the 4. CONTRACT ADMINISTRATION vendor,the County may procure goods and/or services similar to those terminated,and the vendor may be liable for any excess costs incurred a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be due to this action. made as soon as possible. Deliveries resulting from this solicitation are to be made during the normal working hours of the County. Time If it is determined that the vendor was not in default or that the default is of the essence and delivery dales must be met. The vendor shall be was excusable (e.g., failure due to causes beyond the control of, or responsible for making any and all claims against carriers for missing without the fault or negligence of, the vendor), the rights and or damaged items. obligations of the parties shall be those provided in "Termination for Convenience"as stated below. Delivered items shall not be considered"accepted"until an authorized agent for Palm Beach County has, by inspection or test of such items, f. TERMINATION FOR CONVENIENCE: The Director of Purchasing determined that they appear to fully comply with specifications. The may, whenever the interests of the County so require, terminate the Board of County Commissioners may return, at the expense of the contract, in whole or in part,for the convenience of the County. The vendor and for full credit, any item(s) received which fall to meet the Director of Purchasing shall give five (5) days prior written notice of performance standards. termination to the vendor,specifying the portions of the contract to be terminated and when the termination is to become effective. If only b. FEDERAL AND STATE TAX: Palm Beach County is exempt from portions of the contract are terminated, the vendor has the right to Federal and State taxes. The authorized agent for Purchasing shall withdraw,without adverse action,from the entire contract. provide an exemption certificate to the vendor,upon request. Vendors are not exempted from paying sales tax to their suppliers for materials Unless directed differently in the notice of termination,the vendor shall to fulfill contractual obligations with the County, nor are vendors incur no further obligations in connection with the terminated work,and authorized to use the County's Tax Exemption Number in securing shall stop work to the extent specified and on the date given in the such materials. Any sales tax paid by vendors to their suppliers for notice of termination. Additionally, unless directed differently, the materials to fulfill contractual obligations with the County are not vendor shall terminate outstanding orders and/or subcontracts related reimbursable by the County to the vendor. to the terminated work. c. PAYMENT: In order for Palm Beach County to make payment, the g. REMEDIES: No remedy herein conferred upon any party is intended Vendor's Legal Name; Vendor's Address; and Vendor's TINIFEIN to be exclusive of any other remedy,and each and every such remedy Number on the Vendor's response must be exactly the same as it shall be cumulative and shall be in addition to every other remedy appears on the invoice and in Palm Beach County's VSS system given hereunder now or hereafter existing at law, or in equity, by which can be accessed at ttps:l1cvssg.co.pal - statute or otherwise. No single or partial exercise by any party of any beach.fl.usiwebogRLvesgLAItSoILServlcq. Vendor shall send ALL right, power, or remedy hereunder shall preclude any other or further ORIGINAL invoices to the following address and may send copies of exercise thereof. invoices to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be Page 147 of 770 Page 5 oV L4 h. RENEWAL OPTION: The contract shall be for twelve (12) months with the option to renew for four (4) additional twelve (12) month periods. The option for renewal shall only be exercised upon verification of continued sole source status and upon mutual written agreement with all original terms and conditions adhered to with no deviations. At the beginning of each of the four (4) twelve (12) month option periods,the County may consider a single annual price adjustment to the unit price(s)based on new pricing from the vendor. Any renewal including subsequent price adjustments shall be subject to the appropriation of funds by the Board of County Commissioners. 5. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2-421 — 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to,the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a 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. THIS IS THE END OF"GENERAL CONDITIONS." Page 148 of 770 Page 6 oR4 SPECIAL CONDITIONS 6. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 7. CRIMINAL HISTORY RECORDS CHECK i 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 vendor 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. Individuals passing the background check will be issued a badge. Vendor 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 vendor or its subcontractor terminates an employee who has been issued a badge, the vendor must notify the County within two (2) hours. At the time of termination, the vendor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any vendor 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 vendor 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. 8. METHOD OF ORDERING (TERM CONTRACT] A contract shall be issued for a term of twelve 12 months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 9. AS SPECIFIED A term contract delivery order(DO)will be issued to the vendor with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the vendor, items not delivered as specified. 10. ESTIMATED EXPENDITURES The anticipated term of the contract to be awarded as a result of this solicitation is for twelve (12) months. The anticipated value during the contract term is $90.000. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to re-solicit for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed. 11. WORK SITE SAFETYISECURITY The vendor shall at all times guard against damage or loss to the property of Palm Beach County, the vendor'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 vendor shall provide fences, signs, barricades, flashing lights, etc., at no additional cost to the County, 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, vendor 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 vendor or its agents. 12. INSURANCE REQUIREb It shall be the responsibility of the vendor to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801. Subsequently, the vendor shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to ITS at nstracking= 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. Vendor 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. Page 149 of 770 I Page 7 J C 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 Beach County as an Additional Insured. i Business Auto Liability Insurance. Vendor 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 vendor neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing vendor to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the vendor indicating either the vendor does not own any vehicles, and if vehicles are acquired throughout the term of the contract, vendor 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. Vendor 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 vendor in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County(normally within 2 working days of request). Failure to provide required insurance shall render your response 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 vendor 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. Vendor shall agree that all insurance coverage required herein shall be provided by vendor to County on a primary basis. Page 150 of 770 Page 8 ek t�{ SPECIFICATIONS SOLICITATION#SS5554431KM IXOM WATERCARE, INC. MIEX SYSTEM SUPPORT,TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this solicitation is to secure firm, fixed pricing and establish a term contract for MIEX system operational and technical support for Palm Beach County. GENERAL Equipment is located at Water Treatment Plant#2, 2956 Pinehurst Drive, West Palm Beach, FI_ 33467. SCOPE OF WORK Improve operational performance of the existing MIEX System and assist with any questions that may arise as a result of the operation. Technical support shall include, but not be limited to, remote plant performance monitoring and resin condition monitoring. Technical support shall minimize the risk of failures occurring in the future, improve operator awareness, and optimize plant performance. COUNTY'S RESPONSIBILITIES The County shall: • Provide access to the work area ® 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. SUCCESSFUL BIDDER'S RESPONSIBILITIES The successful bidder shall be bound by all terms, conditions and requirements of this solicitation. IXOM SERVICE SUPPORT Support(Annual) billed in equal monthly installments. Shall include the following: - Resin condition monitoring (RCM). Up of 12 sample sets per annum - Remote performance monitoring and support. Up to 12 remote monitoring and reporting per annum. IXOM shall prioritize the performance data review and where operational support requests from the County require considerable additional time it shall be IXOM'S responsibility to alert the County and seek approval for additional costs prior to incurring the additional engineering time. - Regional Support via site visits on an as needed basis. Remote Plant Performance Monitoring (Monthly) Each month the County shall send IXOM a copy of MIEX plant log sheet and MIEX Operating Feedback, in PDF format via email, which provides a checklist for and summarizes the following items: - DOC Color and UVA performance data; - Water treatment historical trends (resin loss rates, service information, MIEX flow rate, resin concentrations in contactor, resin additions, etc.); - Overall plant operation, general comments, points of interest, etc.; - Specific anomalies or concerns; - Copies of screen shots for trend screens; - Resin RCM and WQM samples (as a function of RCM Program schedule). IXOM will review the plant data and issue a Remote Plant Performance Evaluation. This report shall be provided within one (1)week of receipt of the operations data. Any urgent matters noted should be communicated via teleconference. Page 151 of 770 Page 9 aV i Resin Condition Monitoring (Monthly) A sample of loaded and fresh resin from the plant shall be sent to IXOM every month to enable the resin condition to be analyzed. The objective of these tests is to monitor the resin condition for decline in quality, performance, fouling (organic and inorganic). The findings may prompt further actions and/or investigations. The resin condition monitoring shall include the following, as applicable: - Microscopy(view condition of resin); - Bulk settled density(BSD)testing; - Settling rate; - IX activity(relative to laboratory resin); - Particle size distribution for attrition rate monitoring as needed. IXOM will review the results of the tests and issue a Resin Performance Evaluation. This report shall be provided within ten (10) business days of completion. Any urgent matters noted should be communicated via teleconference. Site Visits(As Needed) An IXOM Representative shall visit the site on an as needed basis at no additional cost to the County. The visit shall include the following objectives: - Face to face meetings with supervision, plant operators, and maintenance personnel; On the ground assessment of performance and investigation into plant incidents or process failures (including mechanical faults); Additional informal operator training as requested or recommended by IXOM or the County in response to incidents or as identified. COUNTY ACCEPTANCE Payment shall be rendered upon acceptance of said service. Acceptance is defined as meeting all the terms, conditions and specifications as stated herein. PAYMENT Payment is based upon the pricing offered on the response page and no additional compensation shall be offered or paid. Price shall include, but not be limited to, all supervision, labor, equipment, materials, tools, machinery, transportation and other facilities and services necessary to fully and completely provide the item(s)as specified herein. Page 152 of 770 Page 10 I� SOLE SOURCE RESPONSE PAGE SOLICITATION#SS5554431KM IXOM WATERCARE, INC. MIEX SYSTEM SUPPORT,TERM CONTRACT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. 12 MONTH PRICE QUANTITY 1 IXOM SERVICE SUPPORT AS SPECIFIED 12 MO $ fosp $ � �� HEREIN 2. MIEX ENGINEER, NORMAL HOURS 250 HR $ LOO $ L5r ovc>_ 3. MIEX ENGINEER, OVERTIME 154 HR $ 130 $ 1-01 07-0 4. EXPENSES AND OTHER SERVICES COST PLUS Z15; % Acknowledge Criminal History Records Check requirement, per Term 97? YES/INITIAL Acknowledge Insurance requirements, per Term 912? YES/INITIAL Acknowledge Non-Discrimination Policy Form is included as specified herein? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's solicitation, without exception, change or alteration of any kind, except as may have been amended by the County prior to the due date of this solicitation. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: (Y-oK VJA-TClNI-• B125-1 Zvi? �* PRINT NAME: t?,4 ,6 ✓`I-• CAAC` �* �IGNATURE: Lcd< PRINTTITLE: &1.bAt � � ✓�� ADDRESS: bi50 2- N4-0t1[ SIC: 50me Aat CITY 1 STATE: '( A-TENtilCAd , 60 ,ZIP CODE: SOL tZ TELEPHONE# ( 3 o3 ) rJb-F, 73410 E-MAIL: 041 vg[ I ticflcNL . C-0 A EMERGENCY#(3o?, 16e, 7.945 FAX#: (_S0:5 b$ 13 7 3 (as required herein) TOLL FREE # ( !D-7Z ) 414 (04 301 APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERALID# Page 153 of 770 Page 11 at-l4 NON-DISCRIMINATION POLICY FORM SOLE SOURCE SOLICITATION #SS5554431KM Pursuant to Palm Beach County Resolution R-2014-1421 ("Resolution"), as may be amended, it is the policy of the Board of County Commissioners of Palm Beach County ("County') that the County "shall not conduct business with nor appropriate any funds for any organization or entity that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information." This Resolution requires that each organization or entity doing business with the County is required to submit a copy of its non-discrimination policy, which shall be consistent with the non-discrimination policy stated above, prior to entering into any contract with the County." In the event an organization or entity does not have a written non-discrimination policy, such organization or entity "shall be required to sign a statement affirming their non- discrimination policy is in conformance with this resolution." Check one: C_) Organization/Entity hereby attaches its non-discrimination policy, which is consistent with the County's Non-Discrimination Policy and Resolution. OR c -Organization/Entity hereby acknowledges that it does not have a written non-discrimination policy and hereby affirms by signing below that its non-discrimination policy is in conformance with the County's Non-Discrimination Policy and Resolution. ORGANIZATION 1 ENTITY INFORMATION: ,E�, W o'k-&-Laub Name of Organization or Entity Signatu e Name (type or print) 1�-1U,641 l+eAA MEEK Title Rev. 06.13.2017 Page 154 of 770 �a�e 12 a( (4 Exceptions to General Conditions: 4. e. DEFAULT: "In the event the County terminates this contract in whole or in part because of default of the vendor,The County may procure goods and/or services similar to those terminated" please strike the remainder of the sentence. Ixom cannot be liable for what another vendor may charge for their products. IXOM Amendments to PBC General and Special Conditions: 1. RETURNS: Returned Goods shall not be accepted unless Buyer obtains prior written approval and transportation instructions from Seller. All Goods returned to Seller must be in full containers or cases, unopened and in the same condition as when delivered. If a return is approved by Seller,Goods may be returned for exchange or credit only. Seller shall give no cash refunds for returned Goods.Approved returned Goods are subject to a restocking charge of 15% of the invoiced value of such Goods and Buyer shall pay all transportation charges. 2. LIMITED WARRANTY: a) Subject to Section 2(e)and Section 3 below,Seller warrants title and that the Goods shall conform to Seller's standard sales specifications in effect at the time of manufacture or the specifications agreed by the parties in writing and contained or referenced in the Order. b) Buyer is solely responsible for determining that the Goods and their specification and scope are appropriate for Buyer's intended use.Any advice or recommendations by Seller with respect to the Goods or the use of the Goods are provided in good faith based on tests or experience believed to be reliable but such advice or recommendations are not warranted. Buyer agrees that it is responsible for ensuring that Goods that comply with the warranties in Section 2(a)are fit and suitable for its purposes, requirements, processes, plant and equipment. c) To the maximum extent permitted by law,Seller makes no other representation or warranty of any kind, and hereby expressly disclaims all other representations or warranties,express,implied,statutory or arising from a course of dealing,usage of the trade or otherwise,including without limitation any representation or warranty as to merchantability, fitness for a particular purpose, or any other matter with respect to the goods,whether used alone or in combination with any other goods, substances processes or materials or services. d) In the event the exclusion of some or all of such warranties under section 2(c)for certain goods subject to this contract would be illegal, any additional warranty would be limited to the warranty required by applicable law and to the extent permitted by such law,would be subject to section 2(e)and section 3,and is conditioned upon use in accordance with label directions under normal conditions reasonably foreseeable to sellerwith buyer assuming the risk of any use contrary to label directions,under abnormal conditions or underconditionsnot reasonably foreseeable to seller. e) Seller's sole liability and Buyer's sole remedy for breach of warranty are specifically limited to the repair of the goods(or re-performance of services when applicable)or the cost thereof where Seller fails to perform such repair necessitated by a breach of warranty, and such liability and remedy are exclusive of all other liabilities and remedies. Should these remedies be found inadequate or to have failed of their essential purpose for any reason whatsoever,Buyer agrees that the return of the amount paid by buyer to seller for Page 155 of 770 R� M 414 the purchase of the goods which fail to conform with the warranties set forth in section 3 shall be considered a fair and adequate remedy and prevent the remedies from failing of their essential purpose. 3. LIMITATIONS OF LIABILITY: (a)The liability of Seller and its affiliates to Buyer under and in connection with the Contract is limited to the price allocable to the Goods giving rise to the claim and in no event shall the cumulative liability of Seller howsoever arising,whether under warranty,contract,tort, negligence, strict liability, indemnification, defense or any other cause or combination of causes whatsoever, exceed the total payment received from Buyer under the Contract in connection with the Goods. (b)To the extent permitted by law and not withstanding any provision to the contrary in the contract,Seller shall not be liable for special, indirect, incidental, or consequential damages, including without limitation, and loss of profits; loss of business revenues, loss of capital,failure to realize expected profits or savings, overhead costs, loss by reason of service interruption or increased expense of operation, loss of goodwill, loss of reputation, loss of value in any intellectual property,damages or liquidated sums payable pursuant to other agreements or to other third parties, other economic losses,whether arising under warranty, contract; negligence (including negligent misrepresentation) or other tort, strict liability, breach of statue, indemnification, or any other cause or combination of causes, including any theories of concurrent liability arising from a duty of care by operation of law or otherwise. This limitation of liability set forth in this Section 3 shall not apply to third-party claims of death or personal injury. 4. SAFE STORAGE HANDLING AND USE: ASSUMPTION OF RISK: Buyer acknowledges that it is familiar with the risks associated with the storage, handling and use of Goods and any waste resulting therefrom.Accordingly and notwithstanding anything to the contrary set forth in the Contract, Buyer covenants and warrants and shall ensure that(i)that it and its employees, agents,carriers and customers are familiar with and adhere to all necessary and appropriate precautions and safety measures to safely store, handle or use the Goods; (ii) it and its employees, agents,carriers and customers shall comply with all applicable Laws, including without limitation, environmental laws and regulations pertaining to the storage, handling and use of Goods; (iii)shall obtain and comply with all required permits and licenses. Seller takes no responsibility for, and Buyer assumes all risks associated with waste characterization, regulatory status and chemical composition of any product, process, material,waste or substance into which the Goods are incorporated or applied. Without limiting the foregoing, Buyer shall further ensure that all storage tanks,vessels, and pipes, hoses and valves and other components used by Buyer or its employees, agents, carriers and customers to store, handle and transfer Goods which are bulk chemicals are properly installed and maintained to prevent injury, death or loss of containment during storage, handling and transfer of such Goods. If Buyer resells or distributes Goods to third parties, Buyer assumes responsibility for ensuring that it provides detailed instructions to such third parties regarding safe storage, handling and use of those Goods and any Storage Items or packaging in which such Goods are stored.To the maximum extent allowed by law, Buyer assumes all risks and liability whatsoever for all injuries, losses and damages to persons or property or otherwise as a result of(i) Buyer's, its employees', agents',carriers'or customers' handling, possession,further processing, storage, use treatment,transportation, disposal, sale or other use or disposition of the Page 156 of 770 Pie 14 0P A Goods,whether used alone or in combination with other products, materials, substances or wastes, (ii) Buyer's, its employees',agents', carriers' or customers'violation or alleged violation of any Law, or(iii) Buyer's breach of any of its obligations set forth herein. 5. FORCE MAJEURE: Shipments or deliveries may be totally or partially suspended or delayed by Seller during any period in which the Seller may be prevented or hindered from manufacture, delivery or supply through any circumstances outside Seller's reasonable control or where such manufacture,delivery or supply is rendered materially more expensive by such circumstances. Circumstances beyond Seller's reasonable control shall include,without limitation, strikes, lockouts or other labor difficulty; acts of carriers; acts of God; acts of civil or military authorities; acts or omissions of Buyer; war; riot;fire; explosion; acts of terrorism;flood; any inability to obtain or lack of any necessary or adequate materials, inputs,fuel, power, labor, equipment, containers,facilities or services on usual terms; power or water shortage; accidents or breakdowns or failures of plant or machinery or apparatus; delays,congestions or blockages at sea ports or transport depots or software, hardware or communication network;changes in applicable Laws; or any other event,whether or not enumerated herein,beyond the reasonable control of Sellerthat makes impractical the manufacture,transportation or shipment of the Goods or of a material or other resource upon which the manufacture,transportation or shipment of tlje Goods depends.Seller shall not incur any liability to Buyer in respect of such suspension. 6. INTELLECTUAL PROPERTY: Seller is the sole and exclusive owner of the Intellectual Property in the Goods and processes incorporated in such Goods, and the rights attached to that Intellectual Property. Nothing herein grants to Buyer any right,title or interest in or to any of the Intellectual Property in the Goods. Buyer shall not claim to have acquired any right,title or interest to the Intellectual Property in the Goods by virtue of purchasing Goods sold hereunder. Buyer shall not deconstruct, reverse compile or reverse engineer the Goods in any way for the purpose of deciphering or replicating the chemical composition of the Goods.As used herein,"Intellectual Property"means any intellectual or industrial property right anywhere in the world including, without limitation, any patent, patent application, utility model, copyright (including copyright in manuals, databases, and promotional materials), registered design and other design rights, unpatented secrets and innovations, confidential information, and any other rights that may subsist anywhere in the world in improvements, inventions and other manufacturing processes or technical and other information of Seller. Buyer shall not resell,distribute or supply the Goods to any third party for any reason without Seller's prior written consent. Page 157 of 770 �'1,",JIl�S45;r November 27,2018 r Juan G u eva rez IX01 I I Manager,Water Quality and Treatment »t�� City of Boynton Beach fwgr >S;t 124 E.Woolbright Rd. ` }'({ `}1,} r�} f{}a, Boynton Beach, FL 33435 1\�t y�i(} 11 RE: MIEX°Service Agreement Terms and Conditions }t13t Mr. Guevarez, Please accept this correspondence as approval that Ixom Watercare, Inc. has extended the terms and conditions of the Palm Beach County Service Agreement to the City of Boynton Beach.The pricing provided under this agreement will be honored for the duration of the contract as detailed in the Palm Beach County Solicitation#SS555443A that is current through September 17, 2019. This agreement includes the following service options: • Resin condition monitoring: (RCM)A total of 12 sample sets per annum • Remote performance monitoring and support.A total of up to 12 remote monitoring and reporting per annum. The prorated cost of this agreement is$33,750 and will be split into monthly invoices starting in January, 2019.Additional engineering time,travel and expenses shall be charged in accordance with the schedule of rates detailed below. • MIEX° Engineer(normal hours) $100/hr. (Estimated to be 100 hours=$10,000) • MIEX° Engineer(overtime)$130/hr. (Estimated to be 40 hours=$5,200) • Travel, Expenses&other services Cost+25% The schedule of this agreement shall run in concurrent with the calendar dates detailed in the Palm Beach County Solicitation. We look forward to mutually successful partnership. If I or anyone else on the Ixom team can assist you, please do not hesitate to reach out. Regards, Jon Dyess Customer Service Manager Ixom Watercare,Inc. 8150 S.Akron St.,Suite 401 Centennial,CO 80112 Office:303-768-7345 Mobile:720-2001-0982� Email:jonOage'IWOT r}770 6.E. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses- November 2018- information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has provided all November 2018 invoices to Risk Management and are also attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted ALTERNATIVES: n/a STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Goren Cherof Doody & Ezrol November 2018 1 nvoices Attachment Goren Cherof Doody & Ezrol November 2018 Risk Litigation Oversight invoices Page 159 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 23109 Attn: Lynn Swanson LABOR- General HOURS 11/13/2018 SHB Attend Andrae Robinson Pre-D at City Hall. 1.70 SHB Review settlement agreement. Meeting with Laverriere at City Hall to discuss final settlement agreement. Discuss with staff. 1.70 11/19/2018 SHB Receive and review Lawrence Allen pre-d documents; discuss with Oldbury. 1.00 11/21/2018 SHB Follow up with Oldbury re: various matters. 0.30 FOR CURRENT SERVICES RENDERED 4.70 963.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 4.70 $205.00 $963.50 Photocopies 16.80 TOTAL EXPENSES THRU 11/30/2018 16.80 TOTAL CURRENT WORK 980.30 BALANCE DUE $980.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 23110 Attn: Lynn Swanson Red Light Cameras HOURS 11/05/2018 MDC Review e-mails, public records request on camera testing, confer with SHB. 0.30 11/07/2018 MDC Telephone call with SHB re: status of hearings before Judge D'amico. 0.30 11/08/2018 SHB Follow up re: upcoming trials and motions to dismiss. Discuss case matters and program matters with MDC. 0.60 11/12/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.30 11/19/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 0.50 11/21/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. Follow up with Petriello re: pending matters. 0.60 11/28/2018 MDC Review Order from Miami-Dade County; confer with JAC, update City. 0.30 11/29/2018 JAC Review new court ruling and discuss with MC; prep to update Commission; call with SB re same. 0.80 MDC Telephone call with ATS re: Miami-Dade order. 0.30 SHB Receive and review Aventura-Stein order and hearing transcript; discuss with MDC. Conference call with ATS counsel re: appeal matters. 1.50 11/30/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 5.20 SHB Correspondence to Commission enclosing copy of Aventura-Stein order. 0.30 FOR CURRENT SERVICES RENDERED 13.00 2,665.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 MICHAEL D. CIRULLO 1.20 205.00 246.00 SHANA H. BRIDGEMAN 11.00 205.00 2,255.00 TOTAL CURRENT WORK 2,665.00 BALANCE DUE $2,665.00 Page 161 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 23111 Attn: Lynn Swanson General Matters HOURS 11/01/2018 IS Teleconference with city staff re: noise ordinance 0.30 DNT Review easement from Boynton Village CDD to City for observation deck; review request for city to take easement from owner of street. 0.80 TAD Receipt and review of correspondence re: report re: demolition issue. Review code requirements. Revise report and prepare correspondence to client with recommendations. 1.90 JAC Review QPODD annual meeting notice and pull related documents for prep; discuss with CG and discuss with Commissioner re attendance; tort defense case reviews. 3.50 11/02/2018 DNT Review and revise lease agreement with Sprint for location at west water treatment plant; telephone call with Joe Paterniti re: lease with Sprint for wireless facility at west water treatment plant. 1.50 JAC Agenda review; prep for Bd of Adjustment meeting; research swale and ROW maintenance issue; conf with attys re pending assignments. 1.30 SHB Receive and review request for reasonable accommodation. 0.60 11/05/2018 SHB Receive, review, and revise police department ride along waiver. 0.60 JAC Onsite office administration; conf with EB re David Norris unity of title issue and research re same; prep for and attend Bd. Board of Adjustment and Appeals meeting and follow re same; review FBC and local amendment process re possible change; review mail/memos; review beach access and state control lines issue. 10.00 DNT Telephone call with Chip Carlson re: easement at 125 East Boynton Beach Boulevard; review revise easement for 125 East Boynton Beach Blvd. 0.40 TAD Receipt and review of correspondence re: report to board. Receipt of information provided and report. 0.30 11/06/2018 IS Review/research derelict/unattended vessels-teleconference with City Attorney's office in Palm Coast re: Code of Ordinances on same. 1.40 JAC Onsite appointments; prep for and attend QPODD with Commissioner; office administration and assignments review. 4.60 DNT Dictate summary of wireless communication facility ordinance revisions; review setback requirements for wireless communication facilities. 0.80 SHB Receive and review public records request re: red light camera records; various correspondence and telephone conference calls with clerk and police department staff. Follow up with PD re: driving range agreement. 2.00 Page 162 of 770 Page: 2 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 23111 General Matters HOURS 11/07/2018 JAC Prep for meeting and attend Commission meeting meeting; onsite office and follow up with staff on pending issues; review cleaning service bid issues with TH and IT; review constitutional amendments re municipal impact and need for code amendments; review Bd of Adjustment authority issue and outline order;research puppy mill litigation issues. 7.40 11/08/2018 SMS correspondences regarding insurance provisions in crime prevention lease; review of insurance provisions 0.40 JAC Commission meeting follow up; follow up research re puppy mill regulations; evaluate police station leas issues; review of access issue; review procurement issues; review DRI evolution of control and approval issue; research Roberts rules resolutions; review DEP landfill report. 4.20 SHB Chronic nuisance: discuss Homing Inn matters with Mark Woods; draft correspondence to attorney Shah. Follow up re: TARPON IV, LLC tax deed surplus, cert#5234-2010. 2.50 11/09/2018 SMS call with risk manager and review of indemnification language regarding crime prevention unit lease; correspondences with opposing counsel regarding insurance provisions 0.50 SHB Chronic Nuisance - Draft Z Mart agreement; send to Woods for review. Attend Chronic Nuisance Team meeting at City Hall. Police - receive and review OCDETF agreements. Complete revisions to ride along waiver; send comments to PD. Art- begin review of kinetic art agreements. 5.00 11/12/2018 IS Telephone conference call with city attorney from Palm Coast, FL re: derelict vessels 0.70 SMS review of sovereign immunity statute based correspondence with opposing counsel and insurance provisions 0.50 JAC Review foreclosure cases status and evaluate process; review pension board meeting location and access issue; prep re vacancy agenda item. 2.20 11/13/2018 SMS drafting MOU for booking facility with Lantana; correspondences regarding Crime Prevention Unit occupancy 2.60 JAC Agenda review; conf with SB re same and re HUD settlement; follow up re general employees pension plan; review towing contract/termination rights and liabilities; follow up on Build Board order. 3.60 SHB Telephone conference with Mark Woods re: chronic nuisance matters and Homing Inn matters. Follow up with attorney Shah re: Homing Inn chronic nuisance matters. Meeting with Laverriere re: agenda and meeting matters. Review and approve various agenda items. 5.20 11/14/2018 SMS correspondences regarding Crime Prevention Unit and Memorandum of Understanding to assistant chief 0.30 SHB Discuss pet store ordinance with JAC; review other cities litigation and advise City Manager of pending complaint. Review Journey Church agreement and follow up with Krusell. 1.60 11/15/2018 SMS meeting regarding closing and plat issues between master plan and plat on parcel 1 and 2; review of phase 1 and 2 for option to purchase for E21- 2.80 Page 163 of 770 Page: 3 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 23111 General Matters HOURS DNT Telephone call with Bob Brown re: fence height in setback issue; review emails from Deborah Martahue re: wireless antenna and tower setbacks. 0.50 11/16/2018 DNT Dictate and review emails re: lot 125 Royal Manor Estates. 0.40 11/19/2018 SHB Office hours at City Hall. Attend executive team meeting. Discuss commission meeting matters with Laverriere. 5.00 11/20/2018 MDC Confer with SHB re: process for appointing temporary Commissioner; review voting requirements. 0.30 JAC Review emails and misc pending issues. 0.50 SHB Discuss charitable donation matters with Chief Gregory and JAC. Meeting at City Hall with Chief Gregory, AC Snow, and BJS re: forfeiture procedures. Attend City Commission Meeting. Discuss meeting matters with JAC. 8.50 11/21/2018 IS Review email from staff re: noise ordinance -Telephone conference call with staff re: noise ordinance -change title of certain section within ordinance and send back to staff for review/comment prior to second reading 0.50 DNT Review letter to owner of Royal Manor Estates lot 125. 0.40 JAC Review for SB coverage of meeting; misc calls re same; review emails. 0.80 SHB Follow up re: various commission meeting matters. Follow up re: Homing Inn matters. Follow up with Clerk's office re: meeting minutes/website access. Discuss gambling matters with Krusell. Review and approve ordinance ad. Review and approve art agreement. 2.50 11/26/2018 JAC Onsite office administration; Agenda item review and prep. 4.70 11/27/2018 JAC Onsite office administration; Agenda item review and prep; review forfeiture case process and role of officers; review RLC ruling and discuss with MC. 4.00 DNT Telephone call with Jennifer Hoffineister re: hold harmless to be signed by Luann Andringa; revise hold harmless agreement to be signed by Luann Andringa. 0.70 SHB Receive and review AGOs provided by Kittendorf; follow up re: reasonable accommodation matters. Follow up with Krusell re: gambling matters. Follow up with Woods re: Chronic Nuisance/Homing Inn matters. 1.30 11/28/2018 IS Find and review Minnesota Statute re: authority to contract with alliance and send email to JAC re: same 0.50 JAC Agenda item review and prep; review PD training-forfeitures with BS; call with LL re pending matters. 3.80 11/29/2018 DNT Telephone call with Tom Connick re: NE 6th Avenue conveyance to city; review letter from federal housing finance agency; research ability of city to impose registration fee on freddie mac and fannie mae properties. 1.00 JAC Agenda items review and prep; follow up re procurement issues and Quantum unity of title release; prep to brief new Commissioner; review forfeiture issues with BS; research charter rewrite issue; review IAFF CBA and check comp contracts re DROP issue. 3.60 SHB Municipal prosecution: Antoinette Horsford - receive and review rough arrest and PC; prepare and file nolle prosse. 0.30 Page 164 of 770 Page: 4 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 23111 General Matters HOURS 11/30/2018 DNT Review letter from federal housing finance agency and response; review status of purchase of water distribution systems. 0.50 DNT Telephone call with Gary Dunmeyer re: NE 6th Avenue conveyance. 0.30 JAC Onsite review land fill closure issue and meet with staff re same; office administration issues; review assignments; review commission agenda; review IAFF CBA and pension DROP issue; Call with D. Norris re Quantum property and unity of title: call with atty J. Herin re release of utility claim-research re same. 5.30 FOR CURRENT SERVICES RENDERED 114.90 17,500.00 TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 165 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 23112 Attn: Lynn Swanson Litigation Miscellaneous HOURS 11/01/2018 RAA Discussion with Clerk staff re: citizen's attempt to effectuate service of pleading document; Receive/review pleading document and confer with Attorney Cherof re: same. 0.50 BJS Follow up with Scott Harris on pending matters/Legros 0.30 11/02/2018 RAA With with Attorney DeCarlo re: pending litigation matters and strategy; Additional review of unfiled pleading document and review court dockets to confirm no required follow-up. 1.20 11/04/2018 BJS Review correspondence and draft follow up response re: Return of Firearm/Mercy 0.40 11/05/2018 BJS Review correspondence and Police Reports re: U Visa and follow up with Lynn Swanson 0.60 11/06/2018 BJS Telephone call with Chief Snow and draft U Visa letter for her review and signature, follow up re: pending forfeitures/meeting with Chief Gregory, review draft order for return of firearms, follow up Motion to Return Property 2.50 JAC Review pending cases and pleadings for strategy discussion with TD and RA. 1.20 11/07/2018 BJS Review correspondence and follow up re: Jones/Motion to Return Property 0.30 TAD Attend meeting with City re: status of claims and information on new actions and claims. 2.40 11/08/2018 BJS Telephone call with Scott Harris re: pending forfeiture matters and follow up 0.30 TAD Receipt and review of correspondence from City re: Department of Justice report and request for information on claims. Review claims and prepare correspondence to City re: same. Receipt of correspondence re: agreement and prepare correspondence re: same. 1.20 11/12/2018 RAA Meet with Attorney DeCarlo re: discussion of pending litigation matters and strategy. 1.00 11/13/2018 BJS Follow up with Scott Harris re: pending matters/forfeitures, return of property 0.30 TAD Review claims information and correspondence re: preparation for meeting with City re: status and information needed. 1.30 Page 166 of 770 Page: 2 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 23112 Litigation Miscellaneous HOURS 11/14/2018 TAD Meet with City re: claims. Receipt and review of documents re: information on claims. 2.70 11/16/2018 BJS Draft follow up correspondence with Scott Harris re: Return of Property and follow up re: Drug Destruction request 0.40 TAD Receipt and review of correspondence re: potential claim and additional correspondence re: documents. 0.30 11/17/2018 BJS Review new forfeiture re: Jean and draft follow up memorandum, follow up re: Return of Property 0.70 11/19/2018 BJS Review new forfeiture and draft follow up correspondence re: Henry Jackson 0.40 11/20/2018 BJS Attend meeting with Chief Snow and Chief Gregory at City Hall, review drug destruction petition and follow up 3.50 11/21/2018 BJS Begin review of Boynton and FDLE training materials re: forfeitures 0.50 JAC Review pending forfeiture cases, Pinkney matter and review 48.151. 1.50 11/27/2018 SHB RPO Policy- review and revise. 1.30 BJS Telephone call with Scott Harris, follow up re: Motion to Return Property, follow up re: Settlement/Currency 0.60 TAD Receipt and review of correspondence from City re: commission and prepare correspondence re: same. 0.20 11/28/2018 BJS Meeting with JAC re: update, pending forfeitures, prepare for meeting with Chief Snow, follow up on settlements, Motions for Return of Property, and Drug Destruction Order 1.50 TAD Receipt and review of correspondence re: claim information. Meet with city re: claims and pending litigation. 3.20 11/29/2018 BJS Attend meeting with Chief Snow re: Forfeitures at BBPD, review correspondence re: Subpoena for Deposition, follow up re: Motion to Return Property 5.00 RAA Meet with H.R. staff re: Geico subrogation agent's proposed changes to general release on property damage claim; Review general release and proposed changes; Telephone conference call with Geico subrogation agent re: changes. 1.00 JAC Review pending tort defense cases and status; discuss with RA; pleadings audit. 1.80 11/30/2018 SHB Additional revisions to RPO policy. Follow up with PD. 0.60 RAA Meeting with Attorney DeCarlo re: discuss pending litigation matters, priorities and strategy; Telephone call with H.R. staff re: follow up on Geico subrogation agent's proposed changes to general release. 1.20 BJS Review docket and draft follow up correspondence re: BATSIYAN/Return of Firearm, review Order re: return of property 0.80 TAD Review status of claims and confer with IVR and RAA re: same. 1.30 FOR CURRENT SERVICES RENDERED 42.00 8,610.00 Page 167 of 770 Page: 3 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 23112 Litigation Miscellaneous RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.50 $205.00 $922.50 RYAN A.ABRAMS 4.90 205.00 1,004.50 SHANA H. BRIDGEMAN 1.90 205.00 389.50 BRIAN J. SHERMAN 18.10 205.00 3,710.50 TRACEY A. DECARLO 12.60 205.00 2,583.00 Photocopies 48.30 TOTAL EXPENSES THRU 11/30/2018 48.30 TOTAL CURRENT WORK 8,658.30 BALANCE DUE $8,658.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 168 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905206 Boynton Beach FL 33425 STATEMENT NO: 23113 Attn: Lynn Swanson adv. Secured Holdings, Inc. HOURS 11/08/2018 JAC Prep for closed door and for public meeting discussion re QPODD and land transfers; document review re same. 2.80 11/26/2018 JAC Prep related to Prep related to QPODD closed door. 1.20 11/27/2018 JAC Prep related to QPODD settlement and related closed door/public meeting issues and report; conference with Commissioner. 3.00 FOR CURRENT SERVICES RENDERED 7.00 1,435.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 7.00 $205.00 $1,435.00 TOTAL CURRENT WORK 1,435.00 BALANCE DUE $1,435.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 169 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905247 Boynton Beach FL 33425 STATEMENT NO: 23114 Attn: Lynn Swanson Purchase of Tropical Breeze Estates Utility System HOURS 11/14/2018 DNT Telephone call with Allison Hertz re: status of agreement and security deposits for new customers; telephone call with Barb Convoy re: status of security deposits. 0.40 11/26/2018 DNT Dictate and review emails re: status of asset purchase agreement. 0.50 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 170 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905248 Boynton Beach FL 33425 STATEMENT NO: 23115 Attn: Lynn Swanson Purchase of Parry Village Utility System HOURS 11/26/2018 DNT Telephone call with Michael Low re: status of asset purchase agreement; review documents associated with transaction. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 171 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 23116 Attn: Lynn Swanson Town Square Development HOURS 11/01/2018 SMS revising easements for construction and parking on JKM properties 2.80 11/02/2018 SMS revising easements based on development agreement with JKM and correspondence with ACM 1.60 11/07/2018 SMS review of opposing counsel redline revisions to the easements 1.40 11/12/2018 SMS review of CFP issues with Easement 0.10 11/13/2018 RLL Work to prepare closing binders of signed documents and title work. 1.50 11/14/2018 RLL Further work to organize title work on property parcels and prepare closing binder. 1.00 11/15/2018 RLL Further work on closing binder for title searches performed on multiple parcels; research agreements with E21- regarding language regarding construction of hotel. 1.30 DJD Address status of closing; review documents. 1.50 11/16/2018 DJD Draft Cross Access Easement. 2.20 11/28/2018 SMS review of comments on MOU from JKM regarding parcels 2,3,7 0.60 11/30/2018 DJD Review email exchange. 0.80 FOR CURRENT SERVICES RENDERED 14.80 2,730.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 4.50 $205.00 $922.50 SEAN M. SWARTZ 6.50 205.00 1,332.50 RACHEL L LEACH 3.80 125.00 475.00 Photocopies 88.55 TOTAL EXPENSES THRU 11/30/2018 88.55 Page 172 of 770 Page: 2 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 23116 Town Square Development TOTAL CURRENT WORK 2,818.55 BALANCE DUE $2,818.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 173 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT NO: 23117 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 11/01/2018 JAC Discuss settlement with SB; update research pre-signature. 0.80 11/02/2018 SHB Receive and review final settlement agreement from HUD. Follow up with investigators Jillian Lenson and Jeanine LaFratta at HUD. 0.90 JAC Final review of settlement agreement per signing. 0.90 11/05/2018 SHB Discuss case matters with JAC. Telephone conference with Lenson re: settlement agreement. 0.60 11/06/2018 SHB Follow up with Lenson re: settlement agreement. 0.30 11/14/2018 SHB Finalize and transmit signed settlement agreement to investigator Lenson. Discuss next steps with Swanson. Transmit signed agreement to staff. 0.60 11/20/2018 SHB Follow up re: press release matters. 0.30 11/26/2018 SHB Review checklist re: completion of items in settlement agreement. 0.60 11/29/2018 SHB Follow up re: settlement matters, checklist, and implementing requirements of settlement agreement. 1.00 FOR CURRENT SERVICES RENDERED 6.00 1,230.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $205.00 $348.50 SHANA H. BRIDGEMAN 4.30 205.00 881.50 TOTAL CURRENT WORK 1,230.00 BALANCE DUE $1,230.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 174 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905305 Boynton Beach FL 33425 STATEMENT NO: 23118 Attn: Lynn Swanson adv. The Crossings of Boynton Beach Condo Assn. (Delva, Juckel, et., al.) HOURS 11/14/2018 SHB Receive and review correspondence from opposing counsel re: Answer to complaint. Review docket and pleadings filed in case re: property owner default on settlement agreement. 0.30 11/20/2018 SHB Revise and re-file Answer and Cross-Claim. Prepare and file Value of Property. Prepare Summons. 1.00 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 175 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905346 Boynton Beach FL 33425 STATEMENT NO: 23119 Attn: Lynn Swanson v. Costas, Ivan Daniel, Jr. (Firearms Petition) HOURS 11/12/2018 SHB Review file. Follow up with PD re: new activity/status of Respondent since issuance of RPO. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 176 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905348 Boynton Beach FL 33425 STATEMENT NO: 23120 Attn: Lynn Swanson Sale to JKM BTS North, LLC HOURS 11/01/2018 DJD Revise easements for construction and ingress and egress. 1.30 11/02/2018 JAC Continue review and discussion re easements, parking and hotel. 0.70 11/07/2018 DJD Initial review of revised Temporary Construction Easement. 1.30 11/08/2018 DJD Review revised easements. 0.70 11/09/2018 RLL Review updated title commitment and updated closing statement from buyer's counsel. 0.50 DJD Address status of closing; review closing statement; exchange of e-mails. 1.60 DJD Prepare for closing. 1.70 11/12/2018 DJD Review revisions to Easements from counsel for CFP. 0.40 11/13/2018 RLL Review comments from counsel for CFP as to temporary construction easement and make revisions to same; forward revised easement to counsel for JKM for approval; review parking license agreement with DJD; prepare for closing. 1.00 JAC Conf with DJD, call with LL and review contract documents re parking and closing; pull and review transaction documents re options and enforcement of obligations; review plat approval and staff issue. 2.80 DJD Prepare for closing; telephone call with Colin Groff; review documents; telephone call with City Staff. 3.30 RLL Review comments from counsel for CFP as to temporary construction easement and make revisions to same; forward revised easement to counsel for JKM for approval. 0.40 RLL Review comments from counsel for CFP as to temporary construction easement and make revisions to same; forward revised easement to counsel for JKM for approval. 0.40 11/14/2018 RLL Telephone call from buyer's counsel requesting status of closing; provide client with information on agreement for development of parcel 2. 0.40 DJD Address issue with revised plat and closing. 1.50 11/15/2018 RLL Attend telephone conference call with DJD, JAC and city officials regarding change in dimensions of Parcel 2 and means to address access problem. 0.90 Page 177 of 770 Page: 2 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9905348 STATEMENT NO: 23120 Sale to JKM BTS North, LLC HOURS 11/16/2018 RLL Prepare form of cross access easement agreement template for buyer's counsel's review. 1.00 11/20/2018 DJD Initial review of memorandum of understanding. 0.70 11/21/2018 DJD Receipt of Memorandum of Understanding. 0.20 11/26/2018 RLL Review proposed memorandum of understanding received from buyer's counsel. 0.50 DJD Review of terms of MOU. 0.70 11/27/2018 JAC Review status of agreement; evaluate parking issues and requirement for commission action. 0.50 DJD Review and provide comments to Motion of Understanding. 1.30 11/28/2018 JAC Review draft agreement/LOU and revise to include arbitration provision. 0.90 DJD Address issues associated with letter of understanding; review of comments from counsel for JKM. 0.50 11/29/2018 DJD Address the nature of JKM's response to comments provided relative to the Letter of Understanding. 0.50 FOR CURRENT SERVICES RENDERED 25.70 4,860.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.90 $205.00 $1,004.50 D.J. DOODY 15.70 205.00 3,218.50 RACHEL L LEACH 5.10 125.00 637.50 Photocopies 21.00 TOTAL EXPENSES THRU 11/30/2018 21.00 TOTAL CURRENT WORK 4,881.50 BALANCE DUE $4,881.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 178 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905356 Boynton Beach FL 33425 STATEMENT NO: 23121 Attn: Lynn Swanson Loan to Dougherty Funding, LLC (High School) HOURS 11/02/2018 DJD Finalize opinion letter; review finalized documents. 1.70 JAC Review documents and discuss with DJD; final review. 1.30 11/06/2018 DJD Finalize loan closing. 0.80 FOR CURRENT SERVICES RENDERED 3.80 779.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.30 $205.00 $266.50 D.J. DOODY 2.50 205.00 512.50 11/05/2018 Federal Express- Invoice 6-380-93859 24.60 24.60 TOTAL ADVANCES THRU 11/30/2018 24.60 TOTAL CURRENT WORK 803.60 BALANCE DUE $803.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 179 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905359 Boynton Beach FL 33425 STATEMENT NO: 23122 Attn: Lynn Swanson adv. HSBC Bank USA, N.A. (Estime, Ludny, et., al.) HOURS 11/29/2018 SHB Receive and review request to coordinate hearing on Motion for Summary Judgment. Discuss case with JAC. Follow up with opposing counsel. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 180 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905364 Boynton Beach FL 33425 STATEMENT NO: 23123 Attn: Lynn Swanson adv. Rahming, Tony (Forfeiture -$10,910.00) HOURS 11/01/2018 BJS Review and finalize forfeiture filing and follow up with Clerk's Office re: Filing Requirements 1.00 11/02/2018 BJS Follow up re: payment of forfeiture Bond procedures with the Clerk of Courts, review and revise summons 0.50 11/05/2018 BJS Follow up and telephone call with Lynn Swanson re: Bond and follow up 0.30 11/08/2018 BJS Draft Motion for Order Finding Probable Cause 1.20 11/14/2018 BJS Review Proposed Order re: Motion for Probable Cause, and draft Notice of Service. 0.50 11/19/2018 BJS Draft transmittal correspondence re: Order re: Probable Cause 0.30 11/26/2018 BJS Review publication with follow up legal research re: legal sufficiency 0.50 FOR CURRENT SERVICES RENDERED 4.30 881.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 4.30 $205.00 $881.50 Photocopies 32.90 TOTAL EXPENSES THRU 11/30/2018 32.90 11/08/2018 Compass Investigations- Invoice#2018010714 50.00 50.00 TOTAL ADVANCES THRU 11/30/2018 50.00 Page 181 of 770 Page: 2 CITY OF BOYNTON BEACH 12/04/2018 ACCOUNT NO: 306-9905364 STATEMENT NO: 23123 adv. Rahming, Tony (Forfeiture -$10,910.00) TOTAL CURRENT WORK 964.40 BALANCE DUE $964.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 182 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905365 Boynton Beach FL 33425 STATEMENT NO: 23124 Attn: Lynn Swanson adv. Bell, Jamar(Forfeiture - '16 Mercedes Benz) HOURS 11/01/2018 BJS Prepare for Adversarial Preliminary Hearing, follow up with City, telephone call with Officers, and legal research re: APH 2.00 11/02/2018 BJS Attend the Adversarial Preliminary hearing at the Palm Breach County Courthouse with pre-hearing meeting with BBPD and follow up 6.00 11/04/2018 BJS Draft update correspondence and transmit requested documents to Palm Beach County ASA 0.30 11/14/2018 BJS Draft Petition for Forfeiture, follow up re: Posting of Bond 2.00 11/19/2018 BJS Telephone calls and follow up re: filing of Petition for forfeiture/payments 0.50 11/21/2018 BJS Telephone call with Palm Beach County Clerk's Office and follow up re: filing 1.00 FOR CURRENT SERVICES RENDERED 11.80 2,419.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 11.80 $205.00 $2,419.00 11/16/2018 Prestige Reporting Service- Invoice#18-49720 105.00 105.00 TOTAL ADVANCES THRU 11/30/2018 105.00 TOTAL CURRENT WORK 2,524.00 BALANCE DUE $2,524.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 183 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905366 Boynton Beach FL 33425 STATEMENT NO: 23125 Attn: Lynn Swanson adv. Rump, Eddie (Forfeiture- '11 Infiniti G25) HOURS 11/05/2018 BJS Legal research and follow up re: APH/Notice to Co-Owner, draft update correspondence to Scott Harris 0.80 11/06/2018 BJS Telephone call with Scott Harris re: APH 0.30 11/12/2018 BJS Follow up with Jack Fleischmann, and telephone call, and draft update correspondence with the City re: APH 0.60 11/14/2018 BJS Draft follow up correspondence with Scott Harris and Jack Fleischmann 0.30 11/16/2018 BJS Draft follow up correspondence with the Clty and telephone call with Sgt. Llopis, telephone call with Jack Fleischmann 0.70 11/17/2018 BJS Draft follow up correspondence re: Settlement/APH hearing to Jack Fleischmann 0.40 11/19/2018 BJS Review and revise draft settlement for staff review 0.40 11/26/2018 BJS Draft follow up correspondence re: Settlement 0.30 11/30/2018 BJS Telephone call with Jack Fleischmann and revise draft settlement agreement 0.60 FOR CURRENT SERVICES RENDERED 4.40 902.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 4.40 $205.00 $902.00 TOTAL CURRENT WORK 902.00 BALANCE DUE $902.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 184 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/04/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905368 Boynton Beach FL 33425 STATEMENT NO: 23126 Attn: Lynn Swanson v. Sinkfield, Jimmy (Municipal Prosecution) HOURS 11/29/2018 SHB Receive and review rough arrest, PC, court docket. Prepare Information. Contact clerk re: certified copies of ordinance. Coordinate call with officer. 1.50 FOR CURRENT SERVICES RENDERED 1.50 307.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.50 $205.00 $307.50 TOTAL CURRENT WORK 307.50 BALANCE DUE $307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 185 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905022 Boynton Beach FL 33425 STATEMENT NO: 23135 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470-000352-PP-01 HOURS 11/02/2018 IR Reviewed trial order entered by the Court, with court-ordered deadlines in November and December; conferences with TAD and RAA pertaining to legal strategy. 0.70 RAA Telephone conference call with officers' counsel re: status of expert disclosure; Review pre-trial deadlines re: discovery deadlines. 0.40 TAD Confer with RAA re: status of discovery and expert report and depositions. 0.30 11/09/2018 RAA Telephone conference call with officers' counsel re: depositions and discovery status report; Receive/review interrogatory responses received by officers' counsel. 0.50 11/12/2018 RAA Telephone conference call with officers' counsel re: plaintiffs responses to request for production and follow up correspondences re: same; Review and analysis of answers to officers' interrogatories and requests for production; Create information sheet with summarization of discovery responses to interrogatories. 1.80 TAD Confer with RAA re: discovery issues. 0.20 11/13/2018 RAA Review Internal Affairs report; Review notes of all pre-suit recorded interviews of witnesses; Review and summarize medical records provided by Plaintiff in response to Officers' request for production; Confer with Attorney DeCarlo re: depositions and discovery strategy; Correspondence to officers re: setting up meeting to discuss knowledge of incident; Telephone conference calls with officers' counsel re: discovery matters including setting depositions of witnesses; Draft Interrogatories to Plaintiff. 5.00 TAD Receipt and review of correspondence re: expert. Telephone conference with officer counsel re: expert. Confer with RAA re: status and discovery issues. Review plaintiffs discovery responses re: additional discovery . 1.20 11/14/2018 IR RAA and IVR conferences regarding new discovery projects to prepare for, in advance of January 2019 new discovery cut-off deadline; receipt and review of Co-counsels' Notice of Production from Non-Party [F.R.Civ.P. 45(a)(4)] and initial preparation to update Trial Witness Tracking Chart with information pertaining to 24 additional, anticipated trial witnesses and Page 186 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905022 STATEMENT NO: 23135 adv. Jean-Baptiste, Kevens HOURS records from same. 1.40 RAA Draft update report on discovery to City risk manager; Review trial order re: flexibility in moving pre-trial deadlines; Review state attorney's investigative report; Determine individuals with knowledge to depose; Telephone conference call and follow up correspondences with officers' counsel re: depositions. 4.40 TAD Receipt and review of reports and IA summary re: meeting with City officers. Confer with counsel for officer Jones re: trial order issues and discovery issues. Review complaint and plaintiffs answers to interrogatories re: meeting with City. 2.80 11/15/2018 RAA Correspondences with officer witnesses re: depositions and meeting at City Hall; Finish draft report on discovery update to City risk manager; Listen to and analysis of audio recordings of investigator's interviews with Ofc. Jeanniton and Ofc. Rivera and prepare for meetings with Ofc. River and Ofc. Jeanniton on 11/16/18; Make additional changes to interrogatories to plaintiff and confer with Attorney DeCarlo re: same. 3.20 TAD Receipt and review of discovery and revise same re: additional requests. Telephone conference with officer re: experts. 0.60 11/16/2018 RAA Receive/review notice of nonparty production from officers' counsel; Draft request for copies re: officer's subpoenas to medical providers and school district; Attend meetings at City Hall with Officers Jeanniton and Rivera re: incident involving plaintiff; Draft memorandum re: summary of meetings. 2.60 TAD Receipt and review information from expert re: review of medical information. Confer with RAA re: status and information from discovery. Prepare correspondence re: trial order issues and deadlines. Review case law re: claims against City for meeting with City. Prepare outline for meeting. 2.60 11/19/2018 RAA Telephone conference call with officers' counsel re: setting of depositions and extending discovery deadlines; Make additional changes to report on discovery update to City risk manager. 1.70 TAD Receipt and review of correspondence from plaintiff re: trial order and discovery issues and prepare response to same. Confer with Jones counsel re: issues. 0.80 11/20/2018 TAD Receipt and review of correspondence re: trial issues and discovery conference. Attend telephone conference with counsel re: motion and discovery. Receipt of correspondence re: same. 0.60 TAD Attend telephone conference with counsel re:joint discovery report. Confer with RAA re: same. Receipt of correspondence re: report and discovery issues. 0.80 RAA Make final edits to letter re: update on discovery to City risk manager; Begin drafting motion to continue pretrial deadlines; Telephone conference call with all counsel re: extending pretrial deadlines and setting depositions; Receive/review and make changes to proposed discovery status report. 1.80 11/21/2018 RAA Complete drafting of joint motion for continuance of pretrial deadlines; Make additional edits to joint discovery status report; Correspondence to City risk manager re: request for approval of taking plaintiffs treating doctor's deposition; Draft proposed order for joint motion for continuance. 2.00 Page 187 of 770 Page: 3 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905022 STATEMENT NO: 23135 adv. Jean-Baptiste, Kevens HOURS 11/26/2018 RAA Telephone conference call with officers counsel and correspondences with all counsel re: additional requested changes to motion to continue pretrial deadlines; Receive and initial review of interrogatories and requests for production from plaintiff. 0.60 11/27/2018 RAA Receive/review updated proposed joint discovery report and motion to continue pretrial deadlines with changes proposed by plaintiff; Telephone conference call with all counsel re: changes and follow up correspondences re: same; Finalize motion and submit motion and proposed order to judge. 0.80 11/30/2018 RAA Telephone conference call with officers' counsel re: liability expert and requested evidence; Receive/review interrogatory answers from Plaintiff; Draft summary of depositions that remain to be coordinated. 0.90 TAD Receipt of correspondence re: expert; telephone conference with outside counsel re: expert; prepare correspondence to expert re: opinions and CME; review information from surveillance and expert re: meeting. 1.10 FOR CURRENT SERVICES RENDERED 38.80 7,786.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 25.70 $205.00 $5,268.50 INGRID RIERA 2.10 125.00 262.50 TRACEY A. DECARLO 11.00 205.00 2,255.00 Photocopies 36.75 TOTAL EXPENSES THRU 11/30/2018 36.75 TOTAL CURRENT WORK 7,822.75 BALANCE DUE $7,822.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 188 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905029 Boynton Beach FL 33425 STATEMENT NO: 23136 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO HOURS 11/09/2018 IR Receipt and review of Plaintiffs counsels' Notice of Hearing, to withdrawal as counsel for Plaintiff; reviewed online court docket, for current status of case and prepared tickler post hearing to receive order from the Court [including whether Ms. Ford has retained a new attorney]. 0.50 11/14/2018 TAD Receipt and review of order on motion to withdraw and correspondence re: same. 0.20 11/16/2018 TAD Receipt and review of notice of withdrawing lien and correspondence re: same. 0.20 11/19/2018 IR Receipt and review of Judge G. Joseph Curley, Jr.'s Order Granting Motion to Withdrawal by Lemoine law firm; calculated the court ordered deadlines, in order for counsel to be relieved from representation of Plaintiff; prepared ticklers on deadlines, as follow-up as to whether Ms. Ford obtained new counsel, or if she will proceed pro se. 0.70 FOR CURRENT SERVICES RENDERED 1.60 232.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.20 $125.00 $150.00 TRACEY A. DECARLO 0.40 205.00 82.00 TOTAL CURRENT WORK 232.00 BALANCE DUE $232.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 189 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 23137 Attn: Lynn Swanson adv. Gregory, Mola (slip&fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 11/01/2018 IR Retrieved online court docket and reviewed Judge Lisa Small's [early posted] e-calendar call for the jury trial period commencing November 12, 2018 through December 7, 2018 and conference with TAD and litigation team regarding same [case did not make the posted trial docket]; preparation of tickler for 11.2.18 to check again, to see if any trials were subsequently substituted on Judge Small's trial calendar; re-organized the City of Boynton Beach's trial witness files for use at trial [unknown if we may be special set before the end of the year, etc]. 2.40 11/02/2018 IR Conference with TAD regarding hearing on Monday, November 5, 2018; preparation of notebook for special set status conference hearing before the Court on November 5, 2018; follow up meeting with TAD regarding same; receipt of email regarding Plaintiffs co-counsels' paralegal phone call; telephone conference with paralegal to confirm this matter did not make the Court's final trial docket of 2018 and advised of the hearing Monday, when this issue will be addressed [which includes the City's attempts to take the deposition of Plaintiffs expert witness, Dr. Nile Lestrange]. 2.90 TAD Prepare correspondence to plaintiff re: hearing and status of discovery. Telephone conference with city re: trial issues. Receipt of correspondence from plaintiff re: hearing and trial setting. 0.40 11/05/2018 IR Receipt and review of email from TAD, post hearing this date; initial preparation of Trial Order Outline, with new trial dates of February 4, 2019 through March 1, 2019; prepared revisions to Main Trial Notebook with the 6th Re-Setting of Jury Trial and initial preparation of 6th jury trial outline, noting new deadlines that rolled into 2019; 2.90 TAD Receipt of correspondence from plaintiff counsel re: information for hearing. Attend hearing on status conference due to discovery issues. Prepare order re: same. Receipt of order from Court resetting trial. Prepare correspondence to City re: status conference and order resetting trial. 4.70 11/09/2018 IR Finalized revisions to Main Trial Notebook and updated other trial preparation documents; continued to revise deadlines for jury trial outline, Page 190 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 23137 adv. Gregory, Mola (slip&fall) HOURS with the new trial docket of February 2, 2019 through March 1, 2019; receipt and review of Plaintiffs Expert Witness Interrogatories, to the City of Boynton Beach; calculated deadlines and prepared appropriate ticklers for same; retrieved and reviewed online trial docket; legal research in Trawicks pertaining to multiple interrogatories listed in one digit, numbered request. 2.70 11/12/2018 TAD Receipt and review of deposition of Tordilla. Prepare outline of same for trial. Receipt of additional documents produced by Plaintiff re: trial exhibits. 2.30 11/19/2018 IR Reviewed ticklers and revised new deadline to respond to Plaintiffs Expert Interrogatories, propounded upon the City of Boynton Beach; likewise, researched expert interrogatories for the City to propound upon the Plaintiff, along with potentially preparing the City's Expert Witness Request for Production, which responses would be due prior to the Court's discovery deadline of January 15, 2018; re-reviewed tickler pertaining to status of Dr. Nile Lestrange to act as Plaintiffs medical expert witness, and the issues surrounding his recent unavailability to act in that capacity; additional ticklers to confirm with all counsel, the potential request to be addressed to the Court, requesting a supplemental case status conference, since the Plaintiff might no longer be able to utilize Dr. Lestrange as her medical expert witness. 1.10 TAD Prepare correspondence to plaintiff re: deposition of expert witness. 0.20 11/27/2018 IR Conference with TAD regarding status of Plaintiffs medical expert and the status of his deposition, following the Court's ruling that deposition be set and taken place by December 7, 2018; receipt and review of Plaintiffs Motion for Extension of Time to Retain Expert re: hire new medical expert witness and hearing of same for first week in December, 2018; prepared tickler to follow-up post hearing, to comply with the court's anticipated ruling on same; updated trial witness tracking chart, noting Dr. Lestrange's inability to act as Plaintiffs medical expert witness. 0.80 TAD Telephone conference with plaintiff counsel re: motion for extension of time. 0.20 11/29/2018 IR Prepared email to litigation team, requesting information if the Plaintiffs Motion for Extension of Time to Retain Expert Witness was set for hearing by Plaintiffs counsel; interoffice conferences regarding same; prepared ticklers for the first week in December to follow up; reviewed specific items as listed in the Plaintiffs Trial Expert Witness Interrogatories. 0.70 FOR CURRENT SERVICES RENDERED 21.30 3,286.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 13.50 $125.00 $1,687.50 TRACEY A. DECARLO 7.80 205.00 1,599.00 Photocopies 65.80 TOTAL EXPENSES THRU 11/30/2018 65.80 Page 191 of 770 Page: 3 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 23137 adv. Gregory, Mola (slip&fall) 11/05/2018 Parking -TAD 6.00 Parking - 6.00 10/31/2018 Federal Express- Invoice 6-380-93859 11.49 10/31/2018 Federal Express- Invoice 6-380-93859 11.49 22.98 TOTAL ADVANCES THRU 11/30/2018 28.98 TOTAL CURRENT WORK 3,381.28 BALANCE DUE $3,381.28 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 192 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905098 Boynton Beach FL 33425 STATEMENT NO: 23138 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#001470-000367-AB-01 HOURS 11/02/2018 IR Conference with TAD regarding trial preparation and review and recalculate trial court's ordered deadlines; updated ticklers to reflect same. 0.90 11/05/2018 TAD Receipt and review of correspondence re: video and prepare response to same. Review video information and plaintiff medical information re: discovery responses. 1.40 11/06/2018 RAA Receive/review plaintiffs motion to compel video evidence. 0.20 TAD Receipt and review of motion to compel. Prepare correspondence to plaintiff counsel re: same. 0.30 11/12/2018 TAD Review of plaintiffs treatment records from Dr. Baker and Action PT and Progressive Insurance and prepare outline of same re: depositions of the Plaintiff and Tony Venegas. 3.70 11/13/2018 TAD Receipt and review of plaintiffs discovery responses. Review documents produced by plaintiff. Review information from physicians. Telephone conference with plaintiffs PCP re: response to subpoena. Prepare exhibits for deposition and continue outlines for depositions of plaintiff and Tony Venegas. 3.40 11/14/2018 TAD Receipt and review of correspondence from investigator re: surveillance. Review information from plaintiff re: request. Prepare correspondence to investigator re additional surveillance. Prepare correspondence to adjuster re: surveillance and discovery. 0.80 11/15/2018 IR Reviewed email from TAD regarding Nnach I. Oko, MD and subpoena duces tecum served upon her office, Universal Family Medical Center; reviewed pleadings and Trial Witness Tracking Chart; several telephone conferences with Dr. Oko's staff; prepared memoranda chronicling attempts to reach their office; spoke with Estell, at Dr. Oxo's office who advised they did not receive the subpoena duces tecum; reviewed pleadings and initial preparation of Main Trial Notebook for use at trial, on Judge Nutt's docket commencing February 25, 2018 through April 5, 2018; 4.70 Page 193 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905098 STATEMENT NO: 23138 adv. Venegas, Jesusa HOURS TAD Attend deposition of plaintiff. Attend deposition of Tony Venegas. Confer with plaintiff counsel re: mediation and trial. 4.80 11/19/2018 IR Reviewed emails between TAD and trial witness regarding updated work needed; prepared tickler to follow up with trial witness regarding request from the City of Boynton Beach, prior to scheduled Mediation on December 3, 2018; updates to Trial Witness Tracking Chart regarding same. 0.90 TAD Receipt and review of claims and case law re: mediation and trial. Review information from medical providers re: mediation. Review reports and documents from the City re: claims. 1.70 11/26/2018 IR Receipt and review of photographs from witness, to potentially be utilized at trial; telephone conference with Dr. Oko's assistant regarding their invoice for$50 for a set of the Plaintiffs 'voluminous' medical records; prepared tickler regarding same. 0.80 11/27/2018 TAD Receipt and review of correspondence re: mediation and prepare response to same. Receipt of correspondence re: surveillance and report. Review report. Review information on medical information re: mediation and trial. 1.80 11/28/2018 IR Continuation and finalization of Mediation Notebook for use on December 3, 2018; reviewed pleadings index and online court docket search; updated index to book and preparation of email to update TAD regarding same. 1.40 TAD Receipt and review of correspondence re: mediation. Prepare notice of authority. Prepare updated report to adjuster. Prepare correspondence to mediator re: report. 2.90 11/29/2018 TAD Receipt of correspondence from City re: response to traffic law issue; review plaintiff expert witness list; prepare for mediation; prepare mediation report; review plaintiff medical records re: mediation. 3.80 11/30/2018 TAD Prepare correspondence to Dr. Jimenez re: deposition; telephone conference with Dr. Ono re: deposition; telephone conference with Dr. Krista re: deposition; prepare Notice of Deposition Duces Tecum for Deposition of Dr. Levin and subpoena; prepare Notice of Deposition for Dr. Krost and subpoena; prepare Notice of Deposition of Dr. Baker and subpoena for same; prepare correspondence to Dr. Krost re: records. 3.80 IR Online research for discovery and responses; finalized Mediation binder for use on Monday, December 3, 2018; conferences with TAD regarding status and discovery responses by Plaintiff. 4.90 FOR CURRENT SERVICES RENDERED 42.20 7,563.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.20 $205.00 $41.00 INGRID RIERA 13.60 125.00 1,700.00 TRACEY A. DECARLO 28.40 205.00 5,822.00 Page 194 of 770 Page: 3 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905098 STATEMENT NO: 23138 adv. Venegas, Jesusa Photocopies 112.00 TOTAL EXPENSES THRU 11/30/2018 112.00 TOTAL CURRENT WORK 7,675.00 BALANCE DUE $7,675.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 195 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 23139 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 11/01/2018 TAD Receipt and review of claim information. Review documents produced by plaintiff re: medical claims. Receipt of correspondence re: settlement offer and prepare response to same. 1.80 11/12/2018 TAD Receipt and review of correspondence re: offer. Prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 2.00 410.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.00 $205.00 $410.00 Photocopies 1.40 TOTAL EXPENSES THRU 11/30/2018 1.40 TOTAL CURRENT WORK 411.40 BALANCE DUE $411.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 196 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL 33425 STATEMENT NO: 23140 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim#001470-000390-EP-01 HOURS 11/02/2018 IR Receipt and review Plaintiffs Trial Witness list and Trial Exhibits list, following the trial court's August 14, 2018 Order Setting Jury Trial, entered by Judge Meenu Sasser. 0.30 TAD Receipt and review of plaintiffs witness list and receipt of plaintiffs exhibit list. 0.80 11/08/2018 TAD Receipt and review of correspondence re: mediation and prepare response to same. 0.20 11/09/2018 TAD Receipt and review of correspondence re: status conference and receipt of motion. 0.30 11/15/2018 IR Receipt and review of Mediation notice, reset for December 20, 2018 and revised Trial Order Outline accordingly [for January 7, 2019 trial docket with Honorable Meenu Sasser]. 0.30 TAD Receipt and review of correspondence from outside counsel re: mediation and proposal for settlement. Receipt of order resetting trial and correspondence re: same. Prepare correspondence to counsel re: trial order. 0.90 11/16/2018 TAD Receipt and review of notice of cancellation of depositions and correspondence re: same. Receipt of correspondence re: revisions to proposal and revised proposal and prepare correspondence re: same. 0.40 11/19/2018 IR Receipt and review of Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered by Judge Meenu Sasser on 11.15.18 and noting dates of trial,just for tracking purposes; receipt and review email from TAD regarding same. 0.20 TAD Confer with outside counsel re: offer. Confer with City re: offer. Prepare correspondence re: same. Review statute re: proposal. 0.90 11/21/2018 JAC Review litigation status. 0.60 11/27/2018 TAD Receipt and review of proposal. Receipt of correspondence re: mediation. 0.20 Page 197 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905124 STATEMENT NO: 23140 Broberg, Leif Complaint (2015) HOURS FOR CURRENT SERVICES RENDERED 5.10 981.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.60 $205.00 $123.00 INGRID RIERA 0.80 125.00 100.00 TRACEY A. DECARLO 3.70 205.00 758.50 TOTAL CURRENT WORK 981.50 BALANCE DUE $981.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 198 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 23141 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 11/01/2018 RAA Correspondences from all counsel re: setting depositions. 0.20 11/19/2018 RAA Review Berkshire report on police practices and draft/serve discovery response to plaintiffs third request for production. 1.00 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 1.20 $205.00 $246.00 TOTAL CURRENT WORK 246.00 BALANCE DUE $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 199 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905199 Boynton Beach FL 33425 STATEMENT NO: 23142 Attn: Lynn Swanson adv. Robling, Aaron (Police) Billing Category: 18- RLO Claim#001470-000403-PP-01 HOURS 11/02/2018 RAA Review plaintiffs treating doctor Prusinki's report on alleged injury; Telephone conference call with plaintiffs treating doctor's office re: deposition; Draft letter to all counsel re: deposition of plaintiff; Confer with Attorney DeCarlo re: deposition of Prusinki; Review pretrial scheduling order re: discovery and mediation deadlines. 1.50 TAD Confer with RAA re: status of claims and trial setting. Confer with IVR re discovery responses. 0.20 11/05/2018 RAA Correspondences with City staff re: contact information of witness with K-9 information; Telephone conference call with police department employee re: interrogatory answer; Review and make additional change to proposed interrogatory answer and correspondences with employee re: same; Telephone call and message to assistant police chief re: requested K-9 information; Prepare notice of deposition cancellation and correspondence with all counsel re: same. 1.60 IR Prepared updates to tracking of responses to subpoenas duces tecum that were due to the City of Boynton Beach on November 7, 2018; online docket searches. 0.90 11/06/2018 RAA Correspondences with all counsel re: deposition of plaintiff and prepare notice of setting deposition. 0.30 11/07/2018 RAA Receive/review plaintiffs treating doctor's 1-9 form and fee schedule and draft discovery responses to plaintiffs third request for production and second notice of serving interrogatories; Telephone conference call with treating doctor's staff re: setting deposition; Correspondences with plaintiffs counsel re: agreed order extending discovery deadline. 1.20 11/08/2018 RAA Correspondences with City risk manager re: request for approval of expert's deposition; Receive/review Walgreens response to subpoena for medical/billing records; Correspondences with opposing counsel re: proposed agreed order on discovery responses. 0.60 11/09/2018 RAA Receive/review invoice for document production responsive to subpoena Page 200 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905199 STATEMENT NO: 23142 adv. Robling, Aaron (Police) HOURS duces tecum; Brief research of rules on charging for document production; Telephone conference calls and draft correspondence to producing party re: excessive charges; Correspondences with all counsel re: setting of Dr. Prusinski's deposition. 0.80 11/12/2018 RAA Review and finalize responses to supplemental interrogatories and third requests for production; Prepare responsive documents for service. 1.10 IR Receipt and review of numerous emails from late last week, to and from opposing counsel, pertaining to depositions to be taken in advance of the Trial Order deadline; prepared ticklers to follow up with discovery status. Continuation of updates of status regarding subpoenas duces tecum that were due to the City of Boynton Beach on November 7, 2018. 1.60 TAD Confer with RAA re: discovery issues and trial. 0.30 11/13/2018 RAA Additional correspondences with Ciox records management re: reduction of charges for subpoena records received from Cape Canaveral Hospital; Correspondences with all counsel and client re: expert deposition and check request; Draft notice of taking deposition and subpoena duces tecum to Dr. Prusinski. 0.90 IR Reviewed all parties discovery requests and responses thereto; prepared updates to the City of Boynton Beach's Trial Witness Tracking Chart, listing all subpoenas duces tecum and the status of same [including other parties' Requests for Copies]; 0.90 11/14/2018 IR Extensive and detailed review of records received from discovery and prepared updates to trial witness and exhibits tracking, for use at trial; conferences with RAA pertaining to Walgreens' response to our subpoena duces tecum; legal research of 45 C.F.R. etc.; Continuation of tracking of discovery from all parties and updating trial witness and trial exhibits charts; reviewed correspondence from Walgreens' as their response to the City of Boynton Beach's subpoena duces tecum; conferences with RAA pertaining to same; legal research 45 C.F.R. 164.512, as cited in Walgreens correspondence and its Certification of Satisfactory Assurances; drafted our responses to same, including correspondence back to Walgreens' Custodian of Records, enclosing a package response to theirs'; prepared ticklers to receive past due records. 4.30 11/15/2018 RAA Correspondence with process server and court report re: Dr. Prusinski's deposition. 0.20 11/16/2018 IR Receipt and review of Notice of Taking Deposition of Dr. Christopher Prusinski in Melbourne, FL on January 10, 2018; prepared tickler one month prior to ensure we have Dr. Prusinski's medical records, in advance of his deposition; reviewed and updated trial witness tracking chart. 0.70 11/19/2018 IR Receipt, review and prepared summary of medical billing records received from Cape Canaveral Hospital, of all visits by Plaintiff at this facility, dating back from 2009 through current; updated Trial Witness Tracking chart accordingly; extensive online searches. 3.90 RAA Review School Board's responses to plaintiffs request for production and responses to request for admissions re: plaintiffs authorization to be on premises on the date of incident; Correspondence with City staff re: Page 201 of 770 Page: 3 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905199 STATEMENT NO: 23142 adv. Robling, Aaron (Police) HOURS deposition of Dr. Prusinski. 0.50 11/20/2018 IR Preparation for Plaintiffs deposition, presently scheduled for December 20, 2018; continued to review Brevard County records, Plaintiffs family information; Robling Architecture Construction, Inc. and other family businesses filed under the state of Florida, Secretary of State, other online sources of information; prepared several emails to counsel for the School Board of Palm Beach County; telephone conferences with various medical providers, including CIOX for its responses to our subpoenas duces tecum; updated team of progress and prepared ticklers to follow up with same on November 26, 2018. 4.90 11/21/2018 RAA Correspondence with opposing counsel re: agreement to extend due date for discovery responses. 0.20 11/28/2018 IR Reviewed ticklers for last set of records due, pursuant to the City of Boynton Beach's Notice of Production of Non-Party for Subpoenas Duces Tecum; telephone conference with Neurology Associates/Dr. David Packey's office and prepared final tickler, prior to draft of City's Motion for Order to Show Cause, for medical records in advance of Plaintiffs scheduled deposition on December 20, 2018; reviewed ticklers relevant to Health First Medical Group's records and CIOX's information of November 20, 2018; prepared email to litigation team regarding status of last two sets of records; follow-up telephone conference with CIOX. 1.30 RAA Telephone call with Assistant Chief Harris re: k-9 policies and procedures; Telephone call with Dr. Jacobs office re: possible expert retention; Correspondences with Assistant Chief Harris re: her review of policies; Telephone calls to Officers Brown and Schalk; Submit return of subpoena service for Dr. Prusinski to court. 1.20 11/29/2018 RAA Review file in preparation for telephone conference call with prospective expert orthopedic doctor; Telephone conference call with prospective expert; Confer with Attorney DeCarlo re: same. 1.00 11/30/2018 RAA Correspondences re: depositions of witnesses Brian Allen and Stephan Robling; Telephone conference call with opposing counsel re: discussion of case and settlement potential. 0.90 FOR CURRENT SERVICES RENDERED 31.00 4,895.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 12.00 $206.71 $2,480.50 INGRID RIERA 18.50 125.00 2,312.50 TRACEY A. DECARLO 0.50 205.00 102.50 Photocopies 68.25 TOTAL EXPENSES THRU 11/30/2018 68.25 Page 202 of 770 Page: 4 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905199 STATEMENT NO: 23142 adv. Robling, Aaron (Police) TOTAL CURRENT WORK 4,963.75 BALANCE DUE $4,963.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 203 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 23143 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18- RLO Claim#001470-000405-GB-01 HOURS 11/01/2018 TAD Receipt and review of order on motion to appoint guardian and confer with plaintiff counsel re: order. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 204 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905253 Boynton Beach FL 33425 STATEMENT NO: 23144 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#001470-000422-AB-01 HOURS 11/02/2018 TAD Receipt and review of plaintiffs answers to interrogatories. Prepare notice of non-party production to medical providers. Prepare outline of medical information. Prepare subpoena to Metro PCS. Prepare subpoenas and HIPAA forms to Bethesda, Boynton Beach Chiropractic, Dr. Martin, Dr Lopez, Stand Up MRI, Holy Cross, Dr. Cantor, Dr Dagher, MRI Specialists, and Heart Family Health. 4.80 FOR CURRENT SERVICES RENDERED 4.80 984.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 4.80 $205.00 $984.00 TOTAL CURRENT WORK 984.00 BALANCE DUE $984.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 205 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905266 Boynton Beach FL 33425 STATEMENT NO: 23145 Attn: Lynn Swanson adv. Pinkney, Elliott (excessive force) Billing Category: 18- RLO Claim#001470-000424-PP-01 HOURS 11/01/2018 RAA Review and analysis of case law and statutes re: statute of limitations violation by plaintiff; Review police report and claim letter from plaintiff and request confirmation from staff re: date of incident. 1.80 TAD Receipt and review of correspondence re: complaint. Confer with RAA re: issues. Review case law re: statute of limitation issue. 0.40 11/05/2018 RAA Correspondence with City staff re: request for confirmation of date of incident. 0.20 IR Receipt and review of new matter received from the City of Boynton Beach; online reviews of Dave K. Roy, Esq. counsel's Plaintiff and other litigation his Palm Beach County law firm handles; 1.60 TAD Review additional case law re: motion. Prepare correspondence to plaintiff counsel re: complaint issues. 0.40 11/09/2018 RAA Telephone call with City staff re: request for confirmation of date of incident. 0.20 11/19/2018 TAD Receipt and review of reports from City. Confer with City re: Officer Haugh. Prepare correspondence to City re: reports. Review case law re:afFirmative defenses. 1.30 11/20/2018 IR Receipt and review of the City of Boynton Beach's Answer and Affirmative Defenses and preparation of tickler to receive Plaintiffs Reply to same; reviewed pleadings and online docket for any propounded discovery and dates of responses thereto; reviewed file for Trial Witness Tracking Chart and set up initial information to track discovery and subpoenas duces tecum, responses. 0.40 TAD Draft response to compliant. Prepare motion to quash. Confer with City re: motion and issues. Review case law re: statute of limitation issue and 57.105 motion. Review case law re: battery claims for response to complaint. Review docket re: return of service. Prepare correspondence to City re: service and receipt of response to same. Receipt of return of service and affidavit of service. 3.70 11/27/2018 TAD Receipt and review of correspondence re: claim. Prepare correspondence Page 206 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905266 STATEMENT NO: 23145 adv. Pinkney, Elliott (excessive force) HOURS to City re: motion to quash. Revise motion for fees and prepare letter to plaintiff counsel. Receipt of correspondence from City re: report. Prepare correspondence to Haugh re: response to complaint. 1.80 FOR CURRENT SERVICES RENDERED 11.80 2,259.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 2.20 $205.00 $451.00 INGRID RIERA 2.00 125.00 250.00 TRACEY A. DECARLO 7.60 205.00 1,558.00 Photocopies 9.10 TOTAL EXPENSES THRU 11/30/2018 9.10 TOTAL CURRENT WORK 2,268.10 BALANCE DUE $2,268.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 207 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905282 Boynton Beach FL 33425 STATEMENT NO: 23146 Attn: Lynn Swanson adv. Garber M.D., Harvey (excessive force) Billing Category: 18- RLO Claim#001470-000429-PP-01 HOURS 11/02/2018 RAA Review and analysis of plaintiffs responses to requests for admissions, interrogatories, and requests for production; Review and analysis of plaintiff's amended responses to requests for admissions; Review and analysis of case law on use of force to secure arrest; Continue drafting summary judgment motion. 3.50 TAD Confer with RAA re: status of mediation and report from expert. 0.30 11/05/2018 RAA Correspondences with City staff re: five witnesses' current employment status with City; Telephone conference call with Officers' counsel re: status medical damages expert's review and other discovery matters; Prepare joint notice amending fact discovery deadline and review court's pre-trial order re: same; Additional review and analysis of case law on excessive force in context of arrests with resistance; Review and analysis of case law re: role of probably cause in excessive force cases without false arrest claims. 4.60 11/06/2018 RAA Correspondence to risk manager re: mediation; review and edit proposed joint notice of amending pretrial deadlines, to include extension of mediation deadline; Correspondences with all counsel re: same; Correspondences to witnesses who are employed by City to coordinate their depositions; Correspondence from officers' counsel re: documents responsive to requests for copies. 0.60 IR Receipt and review of email from RAA regarding trial outline to be revised, in accordance with new trial court deadlines recently imposed. 0.20 TAD Receipt and review of medical records from non-party subpoenas including Delray, Dr. Shemesh, Dr. Zelcher and outline same. Receipt of IME report from Dr Jacobs. 2.30 11/07/2018 RAA Correspondences with all counsel, City risk manager and mediator re: setting new mediation date and re:joint notice of continuing pretrial deadlines. 0.40 TAD Receipt and review of records from Norris, Rheumotology associates, Wassermann, South Florida Hand, South Palm Orthopedic and Spine Institute. Continue outline and preparation for deposition of plaintiff. 4.90 Page 208 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 23146 adv. Garber M.D., Harvey (excessive force) HOURS 11/08/2018 TAD Review discovery provided by plaintiff and prepare for deposition of same. Review video of events from Officer Esteves re: deposition of plaintiff. Prepare outline re: examination of plaintiff. 4.30 11/09/2018 IR Legal research of statutory rate relevant to costs associated with litigation. 0.50 RAA Receive/review notice of nonparty production from officers' counsel and draft and service request for copies; Receive/review from plaintiff invoice for medical records responsive to subpoena. 0.60 TAD Attend deposition of plaintiff. Confer with officer counsel re: claim issues and trial. Review of additional records re: wage loss claims. 7.40 11/12/2018 IR Receipt and review of multiple invoices and medical records packages, received pursuant to discovery requests by co-defendant law enforcement officers; updates to Trial Witness Tracking chart pertaining to same. 2.20 RAA Review I.M.E. report from Dr. Jacobs re: examination of plaintiff; Telephone call with officers' counsel and follow up correspondence re: agreement on extensions of certain pre-trial deadlines. 0.60 TAD Confer with RAA re: expert disclosure and review trial orders re: compliance. 0.30 11/13/2018 IR Receipt and review of recently filed discovery and updated Trial Witness Tracking chart accordingly; prepared email to co-defendants' counsels' office requesting information from Plaintiffs deposition of November 9, 2018; prepared updated information to the Trial Witness Tracking chart, to check which subpoena duces tecum records are still outstanding, which include records from co-defense counsel as well; extensive review of pleadings to ensure all discovery propounded, has been responded to [which includes matching responses to actual responsive documents]. 4.20 11/14/2018 IR Receipt and review of email response to my inquiry to co-counsels' paralegal yesterday; updated discovery tracking to note information [as gleaned from Plaintiffs deposition of November 9, 2018]; 0.60 RAA Serve finalized joint notice of extending pretrial deadlines; Receive/review joint discovery report from plaintiff; Correspondences with City employees re: coordinating their depositions. 0.80 11/15/2018 IR Continuation of updates to Trial Witness Tracking Chart, with additional medical records received from co-counsel. 0.30 RAA Correspondences with plaintiffs counsel on discovery status report; Correspondences with City employees who are witnesses re: setting their depositions. 0.40 11/16/2018 RAA Additional correspondences with City employee witnesses re: availability for depositions. 0.30 RAA Draft request for copies re: officers' subpoenas to medical providers. 0.20 11/19/2018 RAA Correspondences with all parties re: setting depositions of City employee witnesses; Correspondences with City employee witnesses re: additional dates for availability. 0.40 11/20/2018 RAA Correspondence with City employee witnesses Wiley and Wojciechowski Page 209 of 770 Page: 3 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 23146 adv. Garber M.D., Harvey (excessive force) HOURS re: availability for deposition. 0.20 11/21/2018 RAA Correspondences with officers' counsel re: possible hiring of forensic expert. 0.30 11/27/2018 RAA Telephone conference call with officers' counsel re: hiring of accounting expert. 0.30 TAD Receipt and review of correspondence re: expert and prepare response to same. 0.30 11/28/2018 RAA Telephone conference call with officers' counsel re: expert disclosures; Telephone conference call with police practices expert re: progress in drafting report; Correspondences with expert and police department staff re: requested clarification of training logs. 1.00 11/29/2018 RAA Correspondences with expert witness and police department staff re: requests for additional information on officer training; Correspondences with all counsel re: availability for depositions. 0.60 TAD Receipt of correspondence re: expert; review information on expert; review additional information on forensic accounting expert. 2.40 11/30/2018 RAA Draft summary of witnesses for additional discovery. 0.20 FOR CURRENT SERVICES RENDERED 45.20 8,626.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 15.00 $205.00 $3,075.00 INGRID RIERA 8.00 125.00 1,000.00 TRACEY A. DECARLO 22.20 205.00 4,551.00 Photocopies 20.30 TOTAL EXPENSES THRU 11/30/2018 20.30 TOTAL CURRENT WORK 8,646.30 BALANCE DUE $8,646.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 210 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905288 Boynton Beach FL 33425 STATEMENT NO: 23147 Attn: Lynn Swanson adv. Floering, David & Barbara Billing Category: 18 RLO Claim#001470-000422-AB-04 HOURS 11/02/2018 TAD Confer with IVR re: discovery responses. Prepare correspondence to client re: information required. 0.30 11/05/2018 TAD Receipt and review of correspondence re: claim letter. Receipt of claim letter. 0.20 11/07/2018 IR Initial outlines prepared as the City of Boynton Beach's various responses to Plaintiffs' discovery requests; detailed review of Florida Traffic Crash Report, dated January 26, 2017 with witnesses and other individuals involved in the multiple car accident; reviewed and updated Trial Witness Tracking Chart, comparing information noted in the Barbara Bolt litigation; online docket searches and name searches on Plaintiff and a co-defendant. 4.10 IR Receipt, review and prepared ticklers related to Palm Beach County Circuit Court filings received and filed this date; receipt and review of process servers records, and updated Trial Witness Tracking Chart accordingly. 0.80 11/08/2018 IR Reviewed documents to be sent to Plaintiff, as the City of Boynton Beach's Response to Plaintiffs Request for Production, propounded on September 21, 2018; final draft of the City's response to request for production; conferences with TAD to review discovery responses; reviewed sister case [Barbara Bolt] regarding the City's responses; reviewed and organized Public Risk Underwriters of Florida, Inc. 212 pages of insurance coverage and declarations pages, as part of the City's responses to request for production [including searches for any protected information that should not be included in the City's discovery responses]; conference with TAD regarding the City's responses to the Plaintiffs Request for Admissions; online searches of Paul Frederick Green prior litigation in Palm Beach County, Florida. 6.10 TAD Receipt and review of correspondence re: discovery. Prepare response to same. Review requests for admission and prepare responses and objections to same. Revise response to request for production. Revise responses to interrogatories to include additional objections. Receipt of additional information from city re: response to discovery. 2.20 Page 211 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905288 STATEMENT NO: 23147 adv. Floering, David & Barbara HOURS 11/09/2018 IR Reviewed file for affiant information; reviewed finalized set of City of Boynton Beach's Answers to Plaintiffs Interrogatories propounded on September 21, 2018; prepared emails to our client at the City and received responses of same; conference with litigation team regarding all discovery has been finalized; closed out ticklers; receipt and review of Palm Beach Clerk's office receipt of filed discovery [without the specific responses attached]. 2.10 11/15/2018 IR Receipt and review of truck maintenance records received from the City of Boynton Beach and prepared tickler to draft supplemental response to request for production; updated Trial Witness Tracking Chart, listing City employees who may be considered trial witnesses. 1.40 11/16/2018 IR Online Palm Beach Circuit Court docket review, for status of litigation; reviewed and prepared updates to the City of Boynton Beach's Trial Witness Tracking chart; updated list of documents to the City's list of anticipated trial documents. 1.70 TAD Receipt and review of records from City and prepare correspondence re: same. 0.30 FOR CURRENT SERVICES RENDERED 19.20 2,640.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 16.20 $125.00 $2,025.00 TRACEY A. DECARLO 3.00 205.00 615.00 Photocopies 112.35 TOTAL EXPENSES THRU 11/30/2018 112.35 TOTAL CURRENT WORK 2,752.35 BALANCE DUE $2,752.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 212 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905320 Boynton Beach FL 33425 STATEMENT NO: 23148 Attn: Lynn Swanson adv. Russell Hugh Cooper Billing Category: 18- RLO HOURS 11/02/2018 RAA Telephone conference call with officers' counsel re: expert disclosure due 11/9 and coordinating shared used of expert witness. 0.40 TAD Confer with RAA and IVR re: status. Receipt of correspondence re: mediation and correspondence re: report. Receipt of Request for Admissions. 0.80 11/05/2018 RAA Correspondence with all counsel re: setting mediation; Telephone conference call with police practices expert re: analysis of City's claims and follow up correspondence re: requested document; Correspondence with City staff re: requested taser download data. 0.80 TAD Telephone conference with outside counsel re: expert issues. 0.20 11/06/2018 RAA Receive, review and analyze police practices expert's draft report and list areas of concern; Confer with Attorney DeCarlo re: same; Telephone conference call with expert and officer's counsel; Correspondence with City staff re: request for additional policy index codes. 3.00 TAD Receipt and review of correspondence re: report. Receipt of report. Confer with RAA re: report issues. Extended telephone conference with expert re: report issues. 2.90 11/07/2018 RAA Receive/review correct versions of policies on arrest procedures and rules and regulations and correspondence to expert re: same; Receive/review final version of expert report; Receive/review proposed joint expert witness disclosure from officers' counsel. 0.80 TAD Receipt and review of discovery and revised report and prepare response to correspondence re: same. 0.80 11/12/2018 RAA Correspondences with client and all parties re: setting mediation. 0.20 TAD Confer with RAA re: status and expert reports. Review trial orders re: Motion for summary judgment. 0.40 11/15/2018 RAA Correspondence with all counsel re: additional proposed mediation date. 0.20 11/16/2018 RAA Correspondences with all counsel re: unavailability for proposed date for mediation. 0.20 Page 213 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905320 STATEMENT NO: 23148 adv. Russell Hugh Cooper HOURS RAA Draft request for copies re: Defendant Bradshaw's subpoenas to medical providers. 0.20 IR Prepared updates to Trial Witness Tracking chart, in advance of the deposition of Matthew Cooper, expected to take place on November 27, 2018; initial draft of questions to decedent's son and inquiries to other siblings. 1.80 11/19/2018 RAA Review plaintiffs initial disclosures; Draft memorandum re: summary of case; Receive and initially review plaintiffs answers to defendant Bradshaw's interrogatories; Begin drafting interrogatories and requests for production; Telephone call and follow up correspondences with counsel for defendant Bradshaw re: status of responding to requests for copies. 2.50 11/20/2018 IR Conference with RAA regarding Plaintiffs deposition; reviewed Trial Witness Tracking chart, to ascertain information needed for deposition; initial start of online searches pertaining to same; updated Tracking chart with latest set of Notices of Non-Party Production, recently filed by various co-defendants. 1.60 RAA Finish drafting interrogatories, requests for production and requests for admissions; Preparation for deposition of personal representative of estate and create deposition outline; Correspondence with officers' counsel re: proposed depositions; Receive and review requests to produce from defendant Armor; Complete review and analysis of plaintiffs answers to defendant Bradshaw's Interrogatories; Review rule on expert disclosure re: plaintiff's right to submit rebuttal expert report. 5.00 11/21/2018 IR Conferences with RAA, in preparation for the deposition of Matthew Cooper, Personal Representative of the Estate of Russell Hugh Cooper, Deceased on November 27, 2018; online and background searches on Matthew Cooper and Mr. Cooper's siblings and mother in Michigan; background he deceased's son; reviewed and organized findings with RAA; strategy discussions with litigation team attorneys, to review the findings from background searches, and areas of inquiry to raise at deposition, etc.; prepared updates to Matthew Cooper deposition file and continuous updates to same. 2.40 RAA Correspondence to all counsel re: availability for proposed depositions. 0.20 11/26/2018 IR Continued online searches for Russell family members, in preparation for deposition of Matthew Cooper, Russell Hugh Cooper's son and personal representative of the estate deposition of November 27, 2018; conferences regarding same with attorneys; prepared deposition outline and deposition with research and findings for Plaintiffs deposition; prepared email with records attached for deposition. 5.60 RAA Additional preparation for deposition of plaintiff by reviewing answers to interrogatories and adding to deposition outline. 2.50 11/27/2018 IR Reviewed file for Matthew Cooper deposition this date; reviewed Trial Witness Tracking chart and updated subpoena duces tecum; prepared ticklers for deadline of records from six medical entities; conference with TAD regarding Plaintiffs deposition today; review of video from PNC Bank that took place on May 4, 2014; reviewed email regarding additional directives, in an attempt to obtain all of Russell Cooper's medical and other Page 214 of 770 Page: 3 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905320 STATEMENT NO: 23148 adv. Russell Hugh Cooper HOURS records, to prepare to trial disclosure and working with co-defendants regarding same. 5.90 RAA Attend plaintiffs deposition. 6.00 TAD Receipt and review of correspondence from plaintiff re: document request and prepare response to same. 0.20 11/28/2018 IR Receipt and review of emails from the co-defendant parties, requesting Russell Cooper's medical records; continuation of updates to Trial Witness Tracking Chart, listing of various other defendants' discovery preparation and subpoenas duces tecum for medical records [notating 17 other co-defendants in this litigation]; continuation to organize documents that are responsive and to be utilized at trial, in the order listed in the City of Boynton Beach's Initial Disclosure, dated July 27, 2018. 4.10 RAA Correspondence from plaintiff counsel re: setting depositions and mediation; Begin drafting trial witness list. 2.10 11/29/2018 IR Receipt and review of responses to subpoenas duces tecum, due from November 2018; updated Trial Witness Tracking chart accordingly. 1.30 RAA Review medical records for Wellington Hospital, Dr. Gatz and Bethesda Hospital; Complete initial draft of trial witness list; Review and analyze case law on whether expert witness is needed for plaintiff to prove 1983 claim; Begin drafting summary judgment motion. 5.00 11/30/2018 RAA Draft summary of plaintiffs deposition; Receive/review interrogatory answers from officers' counsel; Draft summary of witnesses for additional discovery. 3.90 TAD Receipt of correspondence re: discovery and prepare response to same; review witness list and confer with IVR and RAA re: lists and deadlines. 0.80 FOR CURRENT SERVICES RENDERED 61.80 10,853.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 33.00 $205.00 $6,765.00 INGRID RIERA 22.70 125.00 2,837.50 TRACEY A. DECARLO 6.10 205.00 1,250.50 Color photocopies 36.75 Photocopies 24.50 TOTAL EXPENSES THRU 11/30/2018 61.25 TOTAL CURRENT WORK 10,914.25 BALANCE DUE $10,914.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 215 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905336 Boynton Beach FL 33425 STATEMENT NO: 23149 Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18- RLO Claim# HOURS 11/05/2018 TAD Receipt and review of correspondence re: status. Review docket re: same. Prepare correspondence to city and adjuster re: amended complaint. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 216 of 770 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/05/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905353 Boynton Beach FL 33425 STATEMENT NO: 23150 Attn: Lynn Swanson adv. Gil, Juan Carlos Request for Accommodation Billing Category: 18- RLO Claim# HOURS 11/01/2018 RAA Review web accessibility transition plan; Additional review of best practices information from Florida League of Cities web accessibility presentation; Prepare for and attend meeting with staff re: discussion of web accessibility issues and action items; Draft memorandum re: priorities identified in meeting; Review newly issued federal district court opinion re: web accessibility. 3.70 11/05/2018 RAA Initial review of Complaint filed in federal court. 0.50 IR Conference with TAD regarding project for Tuesday, November 6, 2018 regarding specific online searches of Plaintiffs legal actions brought over the past 5-6 years; prepared tickler to follow up with same 11.6.18. 0.30 11/06/2018 RAA Review and analyze complaint served by plaintiff on City; Meet with Attorneys Cherof and DeCarlo re: same; Review and analyze case law re: ADA good faith and/or interactive process in requesting accommodation, plaintiff standing in ADA litigation, and basis pleading standards in ADA litigation; Review pleadings in another case filed against West Palm Beach by Gil. 5.00 IR Review email with attached Complaint filed by Plaintiff, against the City of Boynton Beach; online extensive reviews of state circuit court and federal court searches of Plaintiffs history of litigation; prepared information retrieved from court searches regarding Plaintiffs litigation background and reduced to chart format, listing only governmental lawsuits filed; re-revised chart several times and, as searches continued and were added; follow-up conversations with TAD and RAA regarding same. 6.70 JAC Review pleading and conf with TD re strategy; misc research to brief LL. 1.20 TAD Receipt and review of complaint. Review cases re: plaintiff. Review federal docket information re: status of other claims and resolution of same. Revise chart re: same. COnfer with IVR re: findings. Confer with RAA and JAC re: status and actions. 3.40 11/07/2018 IR Reviewed and revised Lawsuit Results Against Governmental Entities chart, that listed 35 cases that were in litigation, but since settled or are currently being litigated by Juan Carlos Gil against numerous municipalities and Page 217 of 770 Page: 2 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905353 STATEMENT NO: 23150 adv. Gil, Juan Carlos Request for Accommodation HOURS governments throughout Florida, starting in approximately 2014 through current. 1.60 RAA Telephone conference calls with City staff members re: plaintiffs newly filed Complaint and discussion re: progress on website accessibility goals; Confer with Attorney DeCarlo re: possible grounds for motion to dismiss; Review and analyze case law, statutes and regulations re: requirement of effective communication and its interplay with meaningful access theory, as well as requirement to make specific demand for accommodation; Review and analyze case law on standard and evidence needed for compensatory damages as sought by plaintiff in Count II of the Complaint; Begin preparing Motion to Dismiss. 4.90 11/08/2018 RAA Continue review and analysis of case law on count II of plaintiff complaint, alleging intentional discrimination; Continue review and analysis of case law on specificity required in requests for accommodation; Continue drafting motion to dismiss; Draft preservation of evidence letter to plaintiff regarding internet search history and other relevant electronic evidence; Correspondences with City staff re: organize meeting on website accessibility and confer with Attorney DeCarlo re: same. 5.10 11/09/2018 RAA Continue drafting of Motion to Dismiss all counts of Complaint; Additional review and analysis of case law on deliberate indifference standard supporting count II; Review and analysis of case law on specificity required for pleading ADA violations in complaint and for initial demand for accommodation. 4.60 11/11/2018 RAA Complete drafting of Motion to Dismiss all counts of Complaint; Finalize review and analysis of case law on ADA pleading requirements, standing for ADA injunctive relief, and website accessibility precedent; Review and analysis of case law on primary jurisdiction doctrine; Search other pending cases initiated by Juan Carlos Gil and review and analyze pleadings filed in those cases. 5.00 11/12/2018 RAA Review various news reports re: information relevant to litigation; Review/edit Motion to Dismiss all counts of Complaint. 0.80 11/14/2018 RAA Correspondences with City's I.T. staff re: conference call on progress with website accessibility issues. 0.20 TAD Receipt and review of correspondence re: claim status. Review of correspondence from adjuster re: Plaintiff. Review information re: settlements and status. Prepare outline of issues for discussion with City. 2.90 11/15/2018 RAA Telephone conference call with City's information technology staff re: priority items for discussion in meeting on 11/16/18; Search through City's three electronic document storage public portals for possible accessibility issues; Telephone call to Islamorada Village Attorney re: best practices in website accessibility; Correspondence from City's ADA coordinator re: approaches to website accessibility; Correspondences with City's information technology staff re: website accessibility priorities and confer with Attorney DeCarlo re: same. 2.40 TAD Receipt and review of orders and case law re: meeting with City. Review motion to dismiss and orders from other jurisdictions re: response to Page 218 of 770 Page: 3 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905353 STATEMENT NO: 23150 adv. Gil, Juan Carlos Request for Accommodation HOURS complaint. 2.30 11/16/2018 RAA Review municode presentation on website accessibility best practices provided by City ADA coordinator and draft memorandum re: same; Attend meeting with City officials re: website accessibility planning and strategy. 2.50 TAD Attend meeting with city representatives re: lawsuit and response. Confer with risk department re information from meeting and response to complaint. 3.80 11/19/2018 RAA Telephone conference call with Islamorada Village Attorney re: strategy in responding to plaintiff and general approach to website accessibility best practices. 0.40 TAD Prepare memorandum re: information from meeting and outline of exempt documents. Prepare draft agreement. Confer with plaintiff counsel re: response to complaint. 2.80 11/21/2018 RAA Correspondence with Islamorada Village Attorney re: ADA consultant; Receive/review update on pending 11th Circuit appeal involving plaintiffs lawsuit against Winn Dixie; Telephone call to opposing counsel re: suggestion of early settlement. 0.60 11/26/2018 RAA Additional review and editing of draft motion to dismiss complaint; Telephone call with opposing counsel re: settlement and requested agreement to extension of deadline to respond to complaint; Draft motion to extend deadline and proposed order, and draft correspondence to judge re: same; Receive/review settlement demand and proposed terms from plaintiff's counsel; Receive/review correspondence from insurance carrier re claim handling; Correspondence from City ADA coordinator re: upcoming ADA compliance professionals conference. 4.10 11/27/2018 RAA Confer with Attorney DeCarlo re: settlement negotiations strategy. 0.20 TAD Receipt and review of correspondence re: reservation of rights and letter. Receipt of correspondence re: settlement demand. Prepare correspondence to City re: demand. 1.30 11/28/2018 RAA Draft correspondence to City ADA coordinator re: website accessibility issues to include in compliance professionals' conference agenda; Receive/review order from court granting motion for continuance. 0.60 TAD Receipt and review of correspondence re: settlement issues. Telephone conference with plaintiff counsel re: demand and other claims. Confer with clerk re: documents and systems for agreement. Prepare correspondence to city representatives re: proposed terms and counter terms. Receipt of correspondence from plaintiff counsel re: offer. 2.70 11/29/2018 RAA Meet with I.T. staff re: requested input on proposed settlement terms. 0.20 TAD Prepare correspondence to Plaintiff re: issues and settlement; receipt of proposed settlement terms; prepare correspondence to City re: settlement terms; revise Proposed Agreement re: Additional Terms. 3.40 FOR CURRENT SERVICES RENDERED 73.20 14,318.00 Page 219 of 770 Page: 4 CITY OF BOYNTON BEACH 12/05/2018 ACCOUNT NO: 306-9905353 STATEMENT NO: 23150 adv. Gil, Juan Carlos Request for Accommodation RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 RYAN A.ABRAMS 40.80 205.00 8,364.00 INGRID RIERA 8.60 125.00 1,075.00 TRACEY A. DECARLO 22.60 205.00 4,633.00 Photocopies 110.95 TOTAL EXPENSES THRU 11/30/2018 110.95 TOTAL CURRENT WORK 14,428.95 BALANCE DUE $14,428.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 220 of 770 6.F. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of November 2018. EXPLANATION OF REQUEST: Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for November 2018: Purchase Order Vendor mount 190398 Art& Culture Group, Inc. $10,000.00 190400 E & F Florida Enterprises $48,700.00 190426 Superior Fence & Rail, Inc. $19,021.63 190449 Transource Services Corp. $24,162.84 190471 Marketing & Communications $14,000.00 190472 FI Caribbean Architecture, Inc. $17,450.00 190512 Anzco, I nc. $13,900.00 190514 Hatcher Construction & Development $127,000.00 190515 Dell Financial Services, LLC $19,141.71 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: Page 221 of 770 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Back-Up Page 222 of 770 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 (D FOR NOVEMBER 2018 1. Vendor: Art&Culture Group, Inc. Purchase Amount: $10,000.00 Requesting Department: Public Arts Contact Person: Debby Coles-Dobay Date: 11/2118 Brief Description of Purchase: Design the Public Art Eco Art at the Old High School/Kapok Tree Plaza and gardens for the new Town Square project. Source for Purchase: Other- Invited by Arts Commission Fund Source: 151-2611-579-49-17 2. Vendor: E&F Florida Enterprises Purchase Amount: $48,700.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Date: 11/2/18 Brief Description of Purchase: Assemble&construct pavillions at Sara Sims. Task order- No. E-01-2018 Source for Purchase: Bid#018-2821-18/IT Fund Source: 303-4218-572-63-05 RP1875 3. Vendor: Superior Fence& Rail, Inc. Purchase Amount: $19,021.63 Requesting Department: Public Works Contact Person: Marc Saavedra Date: 11/6/18 Brief Description of Purchase: Installation and removal of fencing at Hester Center Source for Purchase: Three Written Quotes Fund Source: 303-4209-572-63-05 RP1821 4. Vendor: Transource Services Corp. Purchase Amount: $24,162.84 Requesting Department: ITS Contact Person: John McNally Date: 11/13/18 Brief Description of Purchase: Datrium Server/Storage/Disaster project maintenance and support. Hardware maintenance and support to ensure the continued reliable and efficient service of the City's Datrium DVX equipment,which supports the City's Disaster Recovery datacenter, systems in Fire Station#5 datacenter& Utilities datacenter. Source for Purchase: Piggyback State Contract Fund Source: 001-1510-513-46-91 -$11,174.22 #43211500-WSCA-15-ACS 401-2821-536-46-91 -$12,988.62 5. Vendor: Marketing &Communications Purchase Amount: $14,000.00 Requesting Department: Public Arts Contact Person: Debby Coles-Dobay Date: 11/14/18 Brief Description of Purchase: To provide public relation services for the International Kinetic Art Exhibit&Symposium. Source for Purchase: Three Written Quotes Fund Source: 151-2611-579-48-01 Page 1 Page 223 of 770 6. Vendor: FI. Caribbean Architecture, Inc. Purchase Amount: $17,450.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 11/14/18 Brief Description of Purchase: Architectural and Engineering service for cart barn at the Links. Source for Purchase: CCNA Fund Source: 302-4501-572-62-01 GF1804 _ 7. Vendor: Anzco, Inc. Purchase Amount: $13,900.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 11/29/18 Brief Description of Purchase: Paint Fire Station#3 appartus bay. Source for Purchase: Three Written Quotes Fund Source: 303-4127-522-62-01 FA1805 8. Vendor: Hatcher Construction & Develpoment Purchase Amount: $127,000.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Date: 11/29/18 Brief Description of Purchase: Design/Build restroom at Sara Sims Park. Task Order No. E-02-2019. Source for Purchase: RFQ#018-2821-18/IT Fund Source: 302-4218-572-63-05 RP1820 9. Vendor: Dell Financial Services, LLC Purchase Amount: $19,141.71 Requesting Department: Library Contact Person: Mike Naughton Date: 11/29/18 Brief Description of Purchase: Replacing old staff computers. Source for Purchase: Piggyback State Contract Fund Source: 105-3221-513-64-15 #43211500-WSCA-15-ACS Page 2 Page 224 of 770 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190398 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/02/18 VENDOR 11500 SHIP TO: TO: ART & CULTURE GROUP INC City of Boynton Beach 66 SAINT JAMES DR CITY MANAGER OFFICE PALM BEACH GARDENS, FL 33418 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION N0. 72354 ORDERING DEPARTMENT: PUBLIC ART/DCD ® ` DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA AIPP ASSESSMENT 2000 . 0000 2000. 00 2 1. 00 EA CONCEPTUAL DESIGN COST 6000 . 0000 6000. 00 3 1. 00 EA COMPLETION OF SUBMITTAL PRESENT. 2000 .0000 2000. 00 & APPROVAL BY AC REMARKS DEST0N ,THE PUBLIC ART ECo ART OLD KI '.CIIOOL/ KAPOK- TREE PLAZA & GARDENS FOR THE NEAT 'TOWN SQUARE PROJECT_' THE ARTS% COMMISSION INVITED THIS VENDOR ON $/9%1.8 TO DESIGN THIS PROJECT. C'IT'Y MANAGER SIGNED -ARTIST AGREEMENT ON 10/15/18. •i PROCUREMENT SERVICES: .y j 1 P.O. TOTAL: 10000.00 ACCOUNT NO. PROJECT 151-2611-579.49-17 PURCHASING Page 225 of 770 D s t, 01 01 1 B e•1 H I 1 �" f w o I 1 j H 1 o O 0 O O §§ 1 O O O q p [ro 9 I rPp¢jl B I O O O O � A 1 O O O O 77 t" A 1 O p q 4 S B 0 1 aid _ 1 r 1 r I 1 I ; 1 I 1 B31 Se O O O O 1 b 6 C I O O O O 1 rl v! ri Q 6y b H O 1 6U': 1 YI 1 1 1 1 1 [4 1 1 C, F®F B o p O 1 m a a m8 i o 0 0 [� e o H PI U 1 O 1 H N a W 1 6 b o L9 ,bry{a EI 1 N lO H Y41 H B d° H (*1 \ 0 1 H Q [y 1 o q q 1 z py H 0.fY H I wl H H I N U • W i 61 ' O H W 1 u a WyW�Wy 5 16 S1— W E W n In maU M H HN S p 1 pIHC68� � UO RO Q W 1 B'C 0. Wai 1 L4'Ra GS RI°al� 951 F W 1 040®® W W W W j W W W 41 E ®� ® 0 W 7a 1 A 1 H I 01 W 01 u 1 V ��Q p1 1 01 In $O� ys Q y1 O 1 in Ln L41 P l4 P ,Q `a 1"1 N •• Epi ®E+q 1 H sl Cbl H a [a CQo3 M 1 Qq F Q q®®$$ [+qp �0 j04 N N U Q W ®$ W$U Wal S a CJ W -1 In �'. �+ a( H A 4 EU� 658.. �8. ; 4.-1 1-I H E V k' c C3 "Hd a '4 H Iq a Z N H try ba N O� Page 226 of 770 f CITY OF BOYNTON BEACH i REQUEST FOR PURCHASE OVER $102000 j Date: Oct. 16, 2018 Requesting Department: Public Art Contact Person: Debby Coles-Dobe I Explanation for Purchase: The Arts Commission Invited Art& Culture Group on August 9, 2018 to design the public art eco art Old High I School/Kapok Tree plaza and gardens for the new Town Square project. Lucy Keshavarz of Art&Culture Group's specialty is eco art. The scope of work is to collaborate with the Town Square open space planners to design a public gathering space that satisfies the Aug. 27, 2017 Town Square Open Space public workshop initiatives. The design services will: Connect community to the historic Old High School, Celebrate the community's oldest kapok Tree, Integrate native plant material, honor Boynton's historical imprint, and create a public space suited for weddings, gatherings, and special ceremonies as well as a quite natural public space in the Town Square. This project will be designed with the input of many community groups. Recommended vendor Art&Culture Grou , Inc. Dollar Amount of Purchase $10,000.00 i Source for Purchase(check and attach backup materials): Three Written Quotations Q GSA State Contract PRIDE/RESPECT � SNAPS � Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. Fund Source for Purchase: ,15126115794917 3 1 Approvals: - Department Head .Y Date j Purchasing Agent Date Asst City Manager 4 Date City Manager Date Form Revised 02/01/02 - Page 227 of 770 1' ARMAGHMUM MIS > — 18,is by and between pumusut to ft laws of tic State of Fbrkk with a business ad&=of 1 Quantum ON, Soft M. CIM and of berciadler referred to as "ARTIST." of the mutual terms and conildms6 pumses, covenants and payments honabuiftr set fortb,CITY T as&news: WHEREAS,public art is a week of uM generally created by a palffic ARTIST cdMdft die i ftm of 1. d ARTIST damped fimcbmW,architecunal,landscaped, and kudierve chumb as descritped in the public Art Ordmance 07-M;and WHEREAS,CITY dean=to obtam pmlessional services ftm ARMT for&e aftbon of WHEREAS,pablie Eco Artwork desqM and ARTIST ponesses ft specift Aft Went,experuse,=parmcc and e 9 and PUBLIC 5T in workmg-0-creation of pilffic&o Artwork ART 9 and WHEREA%cmdames to comwasum die ARTIST:D create 1 Ave.public 1 c ') Nowcontained and odw pod and 9 THEREFORE, valumble the receipt of whwh is hereby admowkdvL it is follows ABUQJU 1.1. "chase set fortit above is y this . A---IOJ --- e ABLUMASMAMMM ELMM Page 228 of 770 2.1. ARTIST hereby agrees to gate the Artwork design described in proposal adachod hereto as F.d> A(the'Public Art Pwj mar odw services w nquh,4 as fudkOtOmmadW m the Scope of Services set for&in Article 3 hate®below 2.1 The public Boo Aftwaik dated by the publicrl by the ARTIST is the lontioa at the site as art 23. ARTIST shall funbrh all servieas and labor naocssM and as may be naquired in the I P,Iormaece afdds agreeanent. 2.4. ARTIST hereby represents to ClTX with full knowledge that CITY is relying upon dwe TOPOSCOUbm when eutetiug into this agrearoad with ARIW, that AR97ST hon the profmmud mph takmt,experience and manpower to perform the services In be provided by ARTIST p arsu m to the temp ofthis agooemeat. 2.3. ARTIST repttwaata and waaanls that all wad¢perlbrmad pu zu"to this ag--- including but not Ito the public Ban Artwork datiga,is an original oroetioa and door int bfimge spm or vin m m'copynghft or eller rights of any person. &m or orgaainton. ARTIST does hereby h do mify and hold CITY barmlaas from,and against airy and all claims and liabilities&M may arise as a result of any breach ofthe foregoing ropresentslion and wa®nty. 2.6. CITY recognizes that authors of visual art have certain rights pursuant to the Federal Visual ARM Rights Act of 1990,known as"VARA". CITY will cot intentionally distort,mutilate and/or, modify the public Eco Artwork design in a manner that world be pncjudicial to ARTIST's honor or rgmtaticm. 2.7. CITY is entitled to exinlpk publish,broadcast,advertise and otherwise use:the likeness of the public Fro Artwork design, in any nom-commercial, non-profit manner CfIY sees fit. lacideatal appearance of the public Eco Artwork design in photographs or in degarms of the store fTent where Bre public art is locolvil shall not violate the proliNtim set forth in this parsgaph. 2.8. CITY agrees to give the ARTIST full acknowledgement and credit as the cream ofthe public Eco Artwork design. 2.9. CITY agrees So provide the ARTIST reasonable arras to the site to prepare the public Eco Artwork for design.ARTIST may not obstruct access to the entrance to the project and ARTIST shall be responsible for securing the insialla6an site to protect the public fram any hazards that may arise during preparation of the site or installation of the public Eco Artwork design. 2.10. ARTIST may rest hue or utilize the servion of any employee-ad-indivAud tD assist the ARTIST m performing services under this agkeemew without the pna written%v-val of CITY. A1MCl,E3 SMPF OFRF-RVICFS ARTIST shall perform the following services in accordance with this Agreement with CITY as follows: 3.1. All work performed under this Agreement shall be done in a professional names 3.2. The public Eco Artwork design shall be produced to CITY's satisbotion and in conformity with the appropriate moral and ethical standards for ttur community in wbich the Site is located.The quality of the completed public an is a matter of prime importance and shall acct all applicable industry standards. Page 229 of 770 Cn'y shall have the right to approve andkr mpa did public Roo Artwork desip at any portion dugaof The dis;ft.of the pAlic Boo Artwork dmign. F be suNact to the mic djamiden of do Cny. .3 1U ARTIST doll parbm and provirle servicas a ad forth in&a Proposal hr Old High Sdwd 16.2019, ®b " 3.4 ARMT is required to coordinate with pr4ect mommapraft umm to prelmov,lasten&a complete the public 13WAAwakdosip pKjWL do Boo Artwork dmp Maduee, Public Art Manew will mendor dw paject end fim dome to dw ABUQM A.I. Won conaplation of s work and samces demalbod a Articles 2 and 3 bacof A.2 CITY will be 4.3 's noft to exhibit,pubbsk bmsdcml�advardw and otherwise on of the Wasmess of the if for ccummuncial purpom If moddental to photographs or randamp of On site shall muvm the ternunmon o CONEEffAm 5.1. the Proposal far the Old 1 J 16, 1S of Exhibit`° 5.2 Mae to the pMic Bou ATtwmk desip person to CITY of Boynbon Beach upon payumom of fim AKMQM 014SG03RAGUELQENDXLA32APAUIDEALEML & CITY or ARTIST may request chmWes that would mmcreasc�docrom or othemse vAddY lbe Scope of Sar�to be imovided under this Agreement. Such chaVes at additional services must be in of the Cc&of Ordinamoss of Bwiam Beach and mug be contabed in a week.written amendment,exoputed by the Partics hatto,with the saw&rmz*and with equal dWft herewith pior to may drvistion Am the tam or scope of this AgmemeaL including the initiatiou of any additional or exas. in-no event win ARTIST be emnponsated for any additional week or dmv t Awhich has not been described in a smaraw written Agreement examuod by fic Parties . Page 230 of 770 ARMAZ MUCUJANIM 7.1. Insurance. Worizers habft mavance"be mamumed by ART[ST almmq;die life of fin Agreement so comply man soundsay limits far all employeas.and in&a once any weak is sublak tan ARTIST dM require the sub- A of taisAgmemear, `sanumuns corvemp of$1,00DA00 SZOWOOO affregate Inv personal . VAN-000 per occutronce. r, . counectserviml & nm general lialdlity and Murder Imbility pahm WA name CITY and CITY of Boyaloo,Bosalt u an additional hanned and"mclude aprovision probibbing cancellation of aW policy except upon D- ARTIST dog funuok CITY with a codificric of ansumace avulanctog all requivol insurance coverage prior to ex am ofany wo*for CFP-Stoymon. Said bourance coupaiss man be authorized to do busWass in the Swe of Flera&and CITY will M samept any company*0 bas a ' + so socavlance wA AAL Best's Key RAMS GWda6 had mfiftm L If ARTIST to be exampt from&a requirmostat ARM"provide CM proof of such s knofficed 72- between Go Pwdm It is F Socid Sevardy Act,the Federal Unemployment Tax Act,dr,pwWons of dke Internal Ravenn Code,the State Wwkcr's Compensation"and the SWe Usemployawat lusurance law Tbe ARTIST shall whon Io and absolutejaigment of&a ansamw and mom of mWered under dds Agreement W"be 6ose f ARTIST, with CFP-ft�State.or Ibited Status polsics,roks or regulations mlefing to*e we ofARTIST'S T it It had full oppodumft to find miter businew that It han ran&its own investment in its business,and that It will wilize a higb lovel of AM necommy to perforan 11c we& This Agreement shall not be consmand as creating my John employment relationship between&a ARTIST and CITY and CITY will not be Ie for any obligafion Incurred by ARTIST, wages oc o Page 231 of 770 7.3. 73.1. H 7 It is fmdw speed dist w nwdificadw mmdmmt or ahmudw in the um or of 74. - ofier Man a do it a 7s,NWm Wbwnw may party dedres to Sm notice unto mW edw pwly.a saw be Sim by urom muce9w by cwWad Wood Stan mall m&ratumm mcsWmWAx&K addressed w fie party br whm n °' a Weeded and the rememming pw%at Ow pkm IW Vecified In wfikag,wd do places for Oft of paviskm of dib awdm For dic presesk ft ARM ad C Ofmadw. City o 3301 #1, Boyntm Dock FL 33426 1-742 Copy To: Debby Coles-Dobay PubficArtMmmapw 100 8 25 !)742606 (562)7 ` u� J �'• �a 1 T }gip O. Webshc Page 232 of 770 7.6. Binding Antiship.Pesch person signing this Agreement on behalf of either party Individually WWI that he or she has the fall legal po werto eascnto this Agreement an behalf of the party for wham he or she is sigaiog,and to bind ad obitele such party WO rasped to all provisions contained in this Agreement 7.7. Headings.Headings beam are for convenience of rsfaeace only and shall no be considered on any imetpreisfm of thisAgureemeat. 7.8. Seversbafty.Many provision of this Agreement or application Uhareof b any person or situation shall to say extent,be held invalid or the remainder of this Agmememt and dw application of sacb provisions to perm or situation other ibm those as to which it shall have been hem invalid or weaftnable shall not be affected thereby,and shall condmra in NU florae and affec%and be a afaeed to the felled siert pertained by law. 79. Goveraing Lwx ibis Agreement&ball be gava nW by the laws of the State of Florida with venue lying m Falco Beech Couetl,Florida 7.10. Fees.In the event that ddm party brings sot for enf n moeto of this Agrecmant, ash party obeli Doer its own suormy's fees and oats 7.11. Extent of AVeMOUL This Agreement represents the entire and iotograted Agreement between CnYand the ARTIST and superseders all prior ate,representation orAgreements.either wriaen ororal. 7.12. Equal Fatobywast Opportnnlq:In the performance of this Agreement,the ARTIST shall not discriminate against say firm,employee or applicant for employment or any other firm or individual m providing services because of sex,age,race,color,religion,ancestry or national origin. 7.13. Waiver.Any failure by either party to require said compliance with any provision of this contract shall not be construed as a waiver of such provision,and the waiving parry may subsequently require strict compliance at any fimq notwithstanding any prier failure to do so. 7.14. Counterparts.This Agreement maybe executed in multiple counterparts,each of which shall be deemed an original,and all of whicb together shall conatimte one and the aeons instruomm. 7.15 Usage Rights After final acceptance of the artwork by CFF - Boynton, the following ARTIST,rights shall be guaranteed: • Maintenance of public Eco Artwork designs shall be the responsibility of C1TYor developer or property association and not The ARTIST. The responsible party shall make reasonable efforts to tnaintain the artwork in good repair The responsible party shall attempt to consult the ARTIST and collaborator on major repairs. ■ The artwork shall not be altered,modified,removed or relocated firm a site integral to the concept for the work without first consulting with the ARTIST and collaborator, if reasonably possible. If a work,nmr1 heless,has been significantly altered,the ARTIST and collaborator shall have the right to disclaim authorship. ■ Copyright of the artwork shall belong to the creatat(ol but CITYor developer or property association shall be granted the right to make two-dimensional reproductions for non-commercial purposes. Page 233 of 770 IN WITNESS WEWJMF,the parties have made and executed this Agmetnent on the respective dates undw each sigoaane. ATTEST. CITY OF Boynton Beach,FLORIDA X 1,09 Laveirieae,City Manager _ iudb ie,City Cleric APPROYEDAS TO FORM: Np� (��Amt� State of Florida County of Palm Beach The foregoing instrument was acknowledged before me,the undersigned notary public in and for the State of Florida, on this theday of 2018, by N, and (,kL-n-, 2a<atMR.City Clerk and City Manager, respectively. Notary Public, a of Florida—� Notary Public Tammy L. Stanzione Seal of Office Printed,'typed or Stamped Name of Notary Public Exactly as Commissioned T L t3TAt0Zi0NE Individuals Who Signed Are: '` °a N1COM6113SIOIIaFF�i3689 t xis ts.zora Personally Known,No Identification Produced REMAINDER OF THIS PAGE LEFT BLANK. ARTIST SIGNATURE PAGE FOLLOWS. Page 234 of 770 ARTIST CONTACT INFORMATION Address �2 Studio Cell Email 1A' Web site Wt U LL i Social Media (ARTIST FILL OUT THIS(PAGE AND HAVE NOTARMED) ture country usa State of F4444M County ®Atm& The foregoing instr mnent was acknowledged before me,the undgrugned notary public in and for the Country or State of on this the day of 2018,by Individual who signed Is: personally Known,No ID Produced OR Identification Produoed f w r�.; comn5ia5 v�' Country or State of Notary Public SealofOffwe s � Printed,Typed or Name of Notary Public Exactly as commissioned Page 235 of 770 EXHIM A Art & Culture Group, Inc. July 16,2018 Debby Coles-Dobay Public An Manger.City of Baynton Beach 100 E Boynton Beach Blvd. Boynton Beach,FL 33425 I* Proposal far public An Plass services Old School piese arw Kwa Tru,an Am palm ftr Tann Square ewmw Bach (TSBB) Dear Debby, 1 sincerely thank you for the invitation and opportunity to create public art for Town Square Boynton Bach.Per yar request and for your consideration,please find outlined on the following pages a proposal for design phase services for publk:art for the OW High School Plaza and Kapok Tree. 1 am proposing a fee of$10,(W to complete the conceptual design.As we discussed there is precedence for this proposed fee on skrnilar public art protects completed for the City of Boynton Bach and on various AIPP projects i have completed for developers. During the design Phase services the conceptual design for the public art will be com feted.This conceptual design will Include proposed desWk materials.cost estimeM timellm for oor VIetion as wen as future maintenance requires Final design(engineering&permitting),fffirketion and installation will be under a separate contract based on the approved conceptual design. Please do not hesitate to contact me should you have any questions. Sincerely. X744)4- Lucy M.F.Keshavarc Artist&President Art&Culture Group,Inc. 66 Saint James Drive Palm beach Gardens rbrida 34 i 161-62,2-9892 www.ArtGultureGroup.com Luc9K*ArtCu1tureGrcuQ.cflm Page 236 of 770 EXHIBITA Art & Culture Group, Inc. Proposal far Puft Art Desim Phase services for thefly of MoRn Beach Mal by L!Tvy t 8 CWWm GrouvtAdW; Public Art/EcciArt for old High School Plaza and Kapok Tree,Town Square Boynton Beads public/private partnership(TSBB). General Prosect abjataw.Create an Intonate public gathering space that: • Connects community to historical Old NO School • Celebrates the canmunlWs oldest Kapok Tree • Integrates native plant material • Honors Boynton's Historical imprint • Creates a public space suited for weddings,intimate gatherings,photo shoots and special ceremonies. Creathre Desi Process will hu:hrde: • Collaboration wlth the 7588 team,city staff and possibly others to create the Old High School plaza into an Eco Art project incorporating the hardsape and landscape elements into the • The objectives listed above,which come from the goals Identified from the August 25 Open Space public workshop and ideals Mentltied in the 7588 Public Art Mash Plan. • Explore opportunities for youth and/or environmental organizations to be Involved in creative process- Outcome: Art'ist's public art design services will include the following: 1)Project Assessment 21 Conceptual Design(includes cost estimate,timeline&maintenance requirements) 3)Submittal to Arts Commission for approval. Note:The final design,fabrication and Installation of artwork will be under a separate contract with Artist upon approval of the AIPP Conceptual Design. Estimated thnelim: To be finalized with input from Client. Client's most recent timeline indicates Conceptual Approval on 9-13-18 and a completion date of 2-28-2019. 66 Saint James Drive Palm beach Gardena r)orWa 33+18 2 561-622-9692 www.ArtCultureGroup.com Luc9K&ArtCu1tureGr0up.com Page 237 of 770 EXHIBITA Art & Culture Group, Inc. Outline of Arft and CB of raoorhsif : A. Ar t agrees to perform certain professional services for cent as foriows: L)AIPPAssessmaut- & Artist will coMorat a with ClImV TM team to create a Pubiic Art/Ecologkal An concept for the Old No Sdhool Plata and Kapok Tree area. b. Develop a abaft public art timeline and budget based on pr4*d information padded by Client. c. Develop a working knowledge of project based on lidbrmation provided by Client such as:site,kdrastructu e,arddtectur%Wky wogramlng,etc d. Artist to walk site with Client/TM team e. conduct other research as needed f Develop list of project dWWWK needs and solutions g. Brainstorm ideas and Integration possibllities. IL Sdnedule meetkhgs with alent and 7M team to discuss and receive input an preliminary concepts for the public art. L Assessment phase incudes up to four meetings with client and TM team. Z)AfPP Conceptual Design/Coat Estlnate- a. Based an Input during assessment phase.Artist will create draft conceptual design. b. Schedule meetings with diem and TSBB team for input review during creative process c Create final conceptual design and coordinate vochange between CUM and TSBB team members as needed. d. Receive input/comments from Client and TSBB team.Finalize conceptual design. e. Detwmf ne estimated budget and rtakrte nowe requirements far Proposed pubk at L conceptual design phase Includes up to three meetings with Client and TM team. 34 SubtrAtell for APP Conceptuall Der a. Develop timeline and budget. b. Coordinate and complete re**ed submittal documents fbr Anis commission c. Create presentation/give presentation to Arts Commission. d. Approval phase Inidudes up to two meetings with Client and TM team. IL Chant agrees to the following in order for Artist to perform professional services: 1.)Client and TM team will collaborate with Artist to create a KdAc Art concept for the Old High Sdwxg Plaza and Kepok Tree area. 66 Saint James Drive Palm beach Gardens r1oricla 33418 3 361-622-9e9i vwwv.ArtGultureGroup.com Luc5K4-ArtGuhwreGroup.com Page 238 of 770 EMIBITA Art & Culture Group, inc. CONTRACT P R O V I 51 ON S-Ardst Design Phase Services 1. uMiTS OF aABILITY:The ARTIST shall be performing a portion of its services based on the representation of others and through collaboration with CLIENT and TSBB team members.At any time ARTIST'S liability is limited to the fees collected for a given task. 2. APPROVAL BY AR75 COMMISION,CITY OF BOYNTON BEACH: While ARTIST will inform and request input from decision makers as needed during the design process, ARTIST cannot guarantee approval of conceptual design(s)by the Arts Commission. 3. INVOICES: invoices for all services and reimbursable expenses shall be issued based on a contracted schedule reflecting services performed during the period. Fees for professional services rendered are due and payable within 30 days. In the event the CLIENT has an objection to any portions of said invoice,the CLIENT must notify ARTIST in writing within twenty(20)days of the data of the Invoke. Such notice of objection shall be accompanied by payment of any undisputed portion of said invoice. If written objection is not received within twenty(20)days, It shall constitute approval of invoice by CLIENT. Amounts not paid in 30 days are subject to 1% monthly service charge(12%annual rate). Outstanding invoices delinquent beyond 50 days, may,at the ARTIST's election be deemed a notice to stop performance under this contract until such invoices are paid. Payment in full shall be made at or before delivery to time CLIENT of any performed services under this contract. Should collection become necessary on any outstanding accounts,then all appropriate costs including reasonable attorney's fees shall be charged In addition to monies due plus interest. 4. JUMSDICTIM: In the event that any litigation arises from this contract,the laws of the State of Florida shall apply and Jurisdiction and venue shall be in Palm Beach County,Florida. S. REIMBURSABLE: Direct costs such as prints,copies,photography,advertising,towel costs,etc., are not included In the above fees.CLIENT and ARTIST will agree to any additional expenses prior to ARTIST output and ARTIST shall bill as Reimbursable Expenses. 6. DOCUMENTS: All documents furnished by the ARTIST are instruments of this contracted service and owned by CLIENT. Said documents are not suitable or intended for reuse in any other way or on any other project without specific written approval by the ARTIST. 7. RIGHTS RESPONSIBILITY AND CREDIT FOR WORK OF ART: ARTIST intends to design a work of an that is site/project specific,an artistic creation within the ARTIST'S aesthetic and design vocabulary. CLIENT acknowledges and agrees to abide by copyright laws and the Visual Artists Right Act(VARA). 8. TERMINATION:This agreement may be terminated by either party upon seven(7)days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein through no fault of the terminating party. In the event of any termination,the ARTIST will be paid for all services rendered to the date of termination. 9. SUCCE5MM AND ASSIGNS: Except to its affiliates,neither the CLIENT nor ARTIST shall assign, sublet or transfer any rights under or interest in this agreement without the written consent of the other. Nothing herein shall be construed to give any rights or beneffts hereunder to anyone other than the CLIENT,its affiliates or the ARTIST. 66 Saint James Drive Palm Beach Gardens Moricla 5 +18 5 3614ZZ4892 www.ArtCuitureGroup.com Luc9 K ArtCultureGroup.com Page 239 of 770 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190400 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/02/18 VENDOR 17339 SHIP TO: TO: E & F FLORIDA ENTERPRISES City of Boynton Beach 3141 FORTUNE WAY, BAY 16 PUBLIC WORKS DEPARTMENT WELLINGTON, FL 33414 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72447 ORDERING DEPARTMENT: ENGINEERING/ALGA/GD DATE NEEDED: BID NO: TCOMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 48700 . 00 DL 4 PAVILLIONS, 2 SMALL & 2 LARGE 1. 0000 48700. 00 ALL LABOR, MATERIALS, EQUIPMENT, HARDWARE, SUPPLIES AND SU:PERVI.SIQN TO.. ASSEMBLE AND CONSTRUCT ` FOUR .(4) CITY FURNISHED' RCP PRE-ENGINEEREID' PAVILLTONS:. AS RER THE SPECT;FICATII.ONS ,AND PLANS REFERENCE B12D NO. 17:1872821=18,, RESOLT7TION N0. R18-1:04 TASTE NO. . E-01-2:0.18 JOS WILL .TAKE APPROXIMATELY 45 DAYS AFTER THE : PERMIT. IS`;ISSUED. .FIRST TWO ;WEEKS GRADE, FORM AND POUR SLABS NEXT .THREE WEEDS; ASSEMBLE AND .:CONSTRUCT:: PAV :LLTONS FINAL> WEEK; PUNCH LIST, CLEAN UP . AND FINAL WALK' THROUGH REMARKS: ASSEMBLE & CONSTRUCT PAVILLIONS AT SARA SIMS. RFQ NO. 018-2511 18/IT; .R18-104 ADOPTED BY COMMISSION ON 8/7/18: TASK ORDER NO. E-01-2018 PROCUREMENT SERVICES: P.O, TOTAL: 48700. 00 ACCOUNT NO. PROJECT 303-4218-572.63-05 RP1875 I s .. ....... _..,_ _..... PURCHASING Page 240 of 770 ao ao I I 11 1 I \ x I I N N pQ 1 I \ \ I O O 1 I H O O I I BO O 00 O A A a co aro T. S k 71 O M Z i i ti as x W I I y I vtY� ix A I I -k.%'t I 1 rq { I I I xe� yi U] En H W O ci H zm I O W, 140 C4 U E-i i o o f W Wr r r H z W i ! r; co 0 " I I a .j°^,. rz- 0 H HH I O z H Fq Oa 0U i o H 0 w N H W O H W r � 1 ,� H I b4 D•1 o a i 0 14 04 O H H I U O U W H I E U1 U) Cil 1 U] 1 x H W x H cn I H 1 H w W vl M E I a A 10 U In H z az r 01 A O I F4 r-- z FC 0 r1 A l W I N tD ao W iH rx a1X1 H i o x i z wa`n 0 H a HI IH U H a W a' H I O I H 4m Q I I x a H S z �:j I ao I H H a a w W Of w I w Wm > Iz z x A W H W W H W ca H U O H W z U] I U] 1Ki 1 pO W x a U z 0 LFEC~1 CU7 1 Ell 1-a O x v2 3 U vl U HW 1 z a z H 0 H C14 U)C4 m wUWA H Q z a 1 Ix 0 w U1 H z H 1400 0 m a vi HHw x A mpg-I w A 0 a9 0 WAw p x A U a W0 I C7zU)M - � zA A w i Fa ERCaw -1 w a FC Ful i °H I a°a H I '-I O w r I U] U? I HHUU H a D-4 W a x HEn Lh ,Y I Np 04W N w a U w IJm z x I Oz a ao H p0 Utz I a s H O I ISWOAm N W E 0 1 E x g I HW I qq w H 0H Ha W I a ,U]xw m H FC ri) Ul Z W U H x a' W H H U I H a I W x z H O co a 0 FC a pq 1 z pq I W HW 04D: ,-I a x A H In P 1 (xapW o o N U) U mm o W a I NW1DNa z N 4W w X z I M 1 HU1 I p w W p 00 1 Lo I >+W A rl WW w w a U U 1 N m O z 1 z zAzIH..IFC O Wm W 3 .. .. I to Ln H O 1 O LH)W W HH z WU] x >IA I Hao z H H I Hx z W m O w W HO Url O H I 4OM--0 U aH $ x0 W HE N H a 1 a W-WH zdl 0 a H xH S:Mpx I 0d1 H O H I H H—a WO z HH Ha BO° UM H a xI a s xH '3H H 1-1 aAEU I UO P4 x;H W I x E M HH FCOXM �M H O En I aaQ4 N to aox 1:4 DSS zx00 1 I7 H W I AOFC w O W H WFC F-Imum I 01 AI a�rilNP4 Ix H ha N za paH Wa 1 x H W 1 W M z a' 1 rl Z-1 U) H W I H azl a I I Page 241 of 770 I f4 �� tjb `1fCITY OF BOYNTON BEACH $10t000 f Date: 10/29/2018 Requesting Department: PW-Facilities Contact Person: Gary Dunmyer Explanation for Purchase: Assemble and Construct Pavillions at Sara Sims ISS ® • l " C1 Recommended Vendor E&F Florida Dollar Amount of Purchase $48,700 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Q Emergency Purchase. Other I _ , t Contract Number: _11-, I K NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4218-672-63-05, Project#RP1875 Approvals: 1 a � Department Head : ' Date Vit: Purchasing Agent `' f, Date L ), Asst City Manager t iDate City Manager & Date 1013 Form Revised 02/01/02 Page 242 of 770 Greco-Arencibia, Adrianne From: Dunmyer,Gary Sent: Thursday, October 25, 2018 8:49 AM To: Greco-Arencibia,Adrianna Subject: Assemble and construct(4) city furnished pre-engineered pavilions Attachments: Tabulation Sheet-Assemble and Contruct(4)City Furnished RCP and Pre-Engineered Pavillions.xis Adrianna, I would like to issue a PO for the above referenced project. The winning bidder is from the minor construction service bidders. The results are attached. The winner: Business Name:E+F Florida Enterprises,Inc. $48,700.00 Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ Q€ ,fes R y ,p F< �r'Puwl�i Fly { , �rS.�,, ��t�i �', 0 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. n 1 Page 243 of 770 i i E-01-2018-ASSEMBLE AND CONSTRUCT(4)CITY FURNISHED RCP PRE-ENGINEERED PAI RFQ NO.018-2821-18/IT PRE-QUALIFIED VENDORS LIST-BID FORM ITEM DESCRIPTION QTY UNIT ALL LABOR, MATERIALS,TOOLS, EQUIPMENT,HARDWARE,SUPPLIES AND SUPERVISION TO ASSEMBLE AND CONSTRUCT FOUR(4)CITY O FURNISHED'RCPPRE-ENGINEERED PAVILIONS AS PER THE L��jO(7 1 ISPECIFICATIONS AND PLANS TOTAL BID PRICE j Total Bid Price(in words)f0y 114 'P-0 U1+7-jy( 5 zvc"j AW ipalCg i Name of Firm Submitting Bid Proposal �' -� ' Ff onao- q v'-kr pf'I 03A exp+-r/u � �,G -,�•� � Name of Person Submitting Bid Proposal Name of Person Submitting Bid Proposal j Date: _10W113 I I I i I f I Page 244 of 770 i I Z747r"* Aktam N 3141 FORTUNE WAY S-I6 WELLINGTON,FL 33414 561-333-1445/USECCG.COM Lk#CGC1513410 i October 4,2018 I RE: RFQ NO.018-2821-18/IT-ASSEMBLE AND CONSTRUCT(4)CITY SUPPLIED RCP PAVILIONS. Construction Schedule I This job will take us approximately 45 days afterthe permit is issued i First two weeks:grade,form,and pour slabs Next three weeks:assemble and construct pavillions Final week: punch list,clean up,and final walk through I Thanks, Lisa Addis V.P. E&F Florida Enterprises inc. I i i I i I 1 j Page 245 of 770 3 D xAA CO) (D 000 CL mm m Z m &C C 0 ® mmm CL Si to r m�D W c m 6 m C m C o N p rr 13 o0 rn -00 n 03 m �m Z 3 N �{ d N O e O_ pp n s _ � A c a S m m Z Z (A yC9 O m ry 01 O C Z r O �q n V� A f1 O m e2� X® pC 3 0 V .Tp m a: D ' ;a m 3 m m m 0 wdm r. w m O m � r - R 3 c 'm�v a o00 O m -« m �Z�qq z m z m o 0 c CD o 0 = a � m w z z m N � O p 'V ID � V n G O Page 246 of 770 1 RESOLUTION NO.R18-104 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AGREEMENTS WITH THE 6 FOUR(4)TOP RANKED PROPOSERS TO ESTABLISH A LIST 7 OF PRE-QUALIFIED OF VENDORS FOR MINOR 8 CONSTRUCTIONS SERVICES AND AUTHORIZE THE CITY 9 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT 10 EXCEEDING $75,000; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WTIEREAS,on June 18,2018 City staff opened and tabulated eight(8)submittals 14 in response to RFQ No. 018-2511-18/IT "Pre-Qualification of Contractors for Minor 15 Construction Services";and 18 WHEREAS,the RFQ was issued with the intent of establishing a pre-qualified 17 list of vendors to perform minor construction service projects which may include building 18 repairs,upgrades and improvements as may be necessary within the City;and 19 WHEREAS, the City Commission .of the City of Boynton Beach upon 20 recommendation of staff,deems it to be in the best interest of the citizens and residents to 21 approve the ranking and authorize the City Manager to sign Agreements with the four(4) 22 top ranked proposers for RFQ No.018-2511-18/1T for"Pre-Qualification of Contractors 23 for Minor Constructions Services." 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 26 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the ranking and authorizes the City Manager to sign Agreements with the C:1UursLStamione7WpplataU.w.alWicrosoft%WindowslTemporary Internet FiledContent.lEW2FYTEUEIApprove_Ranking and_Ageement witkA Minor_Consuwion_Servius_-_Rem.doex Page 247 of 770 31 four (4) top ranked proposers for RFQ No. 018-2511-18/IT for "Pre-Qualification of 32 Contractors for Minor Constructions Services," copies of each Agreement is attached 33 hereto and incorporated herein. 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this 1 day of_19 U(a 1, 7r-018. 36 CITY OF BOYNTON BEACH,FLORIDA 371 YES NO 38 39 Mayor-Steven B.Grant _ 40 41 Vice Mayor-Christina L.Romelus r 42 43 Commissioner-Mask McCray ✓ 44' 45 Commissioner-Justin Katz ✓ 46 ✓ 47 Commissioner-Joe Casello 48 _ 49 VOTE -l) 50 ATTEST: 52 53 54 Judi A.Pyle,CMC 55 Cit , lerk 56 57 56 (Corporate Seal) C.%Users%StanzioneTlAppDaM\LocW\Microsofl\Windows;Tenpomry Intemet FiledContent.1E5152FYTEO"prove_Ranking_end_Ao=ment with_4_Minor Construction_Senices_Reso.docx Page 248 of 770 AGREEMEhIT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into behmen the City of Boynton Beach;hereinafter referred to as "the City',and E&F.FLORIDA ENTERPRISES, INC. DBA CREATIVE CONTRACTING GROUP, hereinafter referred to as "CCINTRACTOW, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retelned by the City to perform minor construction services In connection with the RFQ FOR PRE-OLKLIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES;RFQ No.: 018-2821.1811T. 2. SCOPE OF $ERVICESIPROCESS. This Agreement applies to the performance of minor construction projects,which are those costing less than$185,800.These minor construction projects shall be initiated by the City upon Issuance of a solicitation, or task order and shall be advertised to all pre-quallfied Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the-solicWon,or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice-to Proceed from the Public Works. Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S woertise,or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid_° If the CONTRACTOR tails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed.CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to. proceed. 4. TERM:This Agreement shall commence upon Commission approval and shall be valid for an Initial tens of one(1)year.The City of Boynton Beach may renew the contract with the same terms and conditions for three .(3) additionak 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 ClWs r+eeauest, he Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension s shall not exceed asix-rnoth riod. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation,or task order that is.completed in accordance with the solicitations,or task orders at the lump sum or unit prices-presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all Invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed.by the City Manager or her designee. b. The CONTRACTOR 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 CONTRACTOR In the amount approved. Page 249 of 770 c. Final payment of any bitlenca due the CONTRACTOR of the total-contract price earned WIN be made pr nd verification by. the. Co after On. .omptly upon its ascartainment a completion of the work under this Agreement and its acceptance by the City. d. Pe ant as provided in this section by the City she]]be full compensation for vuork I ym pafform4 services rendered and for all materials, supplies,equipment and Incidentals necessary to complete the work. a. The CONTAA(�TOITS recor&.and accQuinto pertaining to this agreemerd are to be kept available for Inspection by representatives of the City and State for a parlod.of three(3) years after the termination of the Agreement Copies shelf be made available upon request e. OWNERSHIP AND USE OF DOCUMENTS. AJ1 documents, drawings, spedificallons and other materials produced by the Fl.rm in connection With the:services rendered under this Agreement shall be the prop"of the City whother the project for Which they are made Is executed or not.The Firm shall be permitted to retain copies, including reproducible copies, of dravAngs and specifications for information, reference and use in connection With Finn's endeavors, 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by thle 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. CONTRACTOR shall lld harmless the City, its offices,agents and.employsed,from and against any and all claims, losses or liability,or any portion thereof, including fees and costa, arising from Injury or death to persons, Including injuries, sl6knesi, 'disease or death to, CONTRACTOIT-e own employeesi or damage to property occasioned by a negligent art, Ion or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in fckrce throughout the duration of this contract oompmhansive 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 occurrencelaggregate for property damage, and CONTRACTOR liability Insurance In the amount of$1,000,000 per occurrence to$2,000,000 aggregate With defense costs in additloil to limits; workers!compensation Insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an Oaddhional named insurecr 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('16)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 then 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 ton percent(10%)of go limit of liability.Consultant shall notify the City in Writing Within thirty (30)days of any claim Mod or made against its Prcylassione.1 Liability Insurance Policy. Consultant acknowledges that the City Is relying an the competence of the Consultard 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 Consultants negligent erronk and omiselons, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional Page 250 of 770 costs, If any, of the project to the proportional extent caused by such negligent snore or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the- City agree that the CONTRACTOR is an independent contractor with respect to the services'provided pursuant to this agreement.Nothing in tNs agreemefrt shall be consldered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor .any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement: The City shawl notbe responsible for withholding or otherwise deducting federal income tax or sociat security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11.COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the CONTRACTOR,to solicit or secure this contract, and that he has not paid of agreed to pay any company or person, other than a bona tide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from.the award or making of this contact. 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 CONTRACTOR,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 CONTRACTOR 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 CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the wont under the terms of this Agreement, if requested to do so by the City. This section shalt not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, ff 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 BeochCounty, Florida. This Agreement shall be construed under Florida Law. I Page 251 of 770 17:. NOTICES. Notices to the City of Boynton Beata shallbe.sent to the following-address: Lorl LaVerdera, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: E$F FLORIDA ENTERPRISES, INC. DSA CREATIVE CONTRACTING GROUP 98. INTEGRATED AGREEMENT'. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR 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 CONTRACTOR. 19. PUBLIC RECORDS. Seated documents recelved 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 dfsclosed 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 Crit; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY,all public records In Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, In a format that is compatible with the Information technology systems of the CITY, E R Page 252 of 770 " E. IF THE CONTRACTOR S .UE TI N DIN THE APPLICATION OF CHAPTER 119, FLORIDA STATUESs TO THE CONTRAMFVS DUTY TO PROVIDE PUBLIC RECORDS S RELATING TO THIS CONTRACTv CONTACT THE CUSTODIAN OF PUBLIC RDS: JUDY PYLE, CITY CLERK 700 E BOYNTON BEACHB BLVD. 4Y TON BEACH, FLORIDA, 7-742-6061 'PYLEJ@BBFL.US THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 253 of 770 A. DATED this tdaY of_ 1._..... 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Q4"4j .4x�, .loses Patalano �„�- Title 00 ISWW GG 178875 Exire OSM402022 (Corporate Seal) Judy . le, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof,City Attorney Secretary (OMM .2-46- ais2i) 6 Page 254 of 770 Greco-Arencibia, Adrianna From: Triestman,Ilyse ® Friday, September 28, 2018 11:32 AM ® Dunmyer,Gary ® ADVERTISEMENT TO PRE- L - RFQ NO.018-2821-18/IT -ASSEMBLE(4)CITY SUPPLIED RCP PAVILIONS ® HGAC RCP Shelters Proposal -AS#28540.Rl.pdf, C4.00.pdf, C4.13.pdf,-06.00.pdf, EI.00,pdf,TASK ORDER BID SHEET- PAVILIONS.xlsx Importance: High Good afternoon all! Please review the specifications and plans and provide a bid forte project according to the following instructions. The City of Boynton each is purchasing four(4) pavilions—(2)small and (2) large)to be assembled. Please submit a lump sum price for all four structures including all services to within 5 ft.of the building pads. The HGA C RCP Shelters Proposal is also attached to assist with your bid pricing. SUPPORTING DOCUMENTS C4.00 Site Plan C4.13 Large and Small Pavilion Schematic(Please disregard its D.on this sheet.The City does not require refurbishment oft a existing pavilion under this task order.) C6.00 Utility Plan E1.00 Electric Plan TIMEFRAME FORQUO • There is no pre-bid meeting;submit questions by OCTOBER 3,2018 12:OOPM to PURCHASING, in writing- A do not wait until the day of, or after the deadline to ask questions;you have over a week to review the specs. • Submit your ELECTRONIC BID FORM on or before OCTOBER 5, 2018, 12:001PM to PURCHASING via email to: triestmapl@ bfI.qs SPECIAL INSTRUCTIONS. Only the single Bid For is required—quotes must be delivered on or before the due date(you do not have to be here;YOUR QUOTE DOES) The estimated value for this project is$105,000;this project will not require a Bid and or payment and performance bond. * I'm NOT protecting this spreadsheet, modify the columns,etc. as you need, but UNIT PRICES from your bidfor ms will be transferred to my tab sheet—you're responsible for providing the materials as it was presented to you. Please remember to send a "no bid" response (via email is acceptable) if you're not interested in bidding; an explanation is appreciated on any"no bid." Please acknowledge receipt of this email and its listed contents in goodorder. Page 255 of 770 Page 256 of 770 E-01-2018-ASSEMBLE(4)CITY FURNISHED RCP PAVILIONS RFQ NO.018-2821-28/IT PRE-QUALIFIED VENDORS LIST-BID FORM ITEM DESCRIPTION QTY UNIT ALL LABOR, MATERIALS,TOOLS, EQU I PM ENT,HARDWARE,SUPPLIES AND SUPERVISION TO ASSEMBLE FOUR(4)CITY FURNISHED RCP 1 PAVILIONS AS PER THE SPECIFICATIONS AND PLANS 1 LS TOTAL BID PRICE Total Bid Price (in words) Name of Firm Submitting Bid Proposal Name of Person Submitting Bid Proposal Name of Person Submitting Bid Proposal Date: Page 257 of 770 UNIT PRICE TOTAL (PRINT) (PRINT) - (SIGNATURE) Page 258 of 770 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 10 P.O. #: 190426 BOYNTON BEACOH ,BFOLORIDA 33425-0310 DATE: 11/06/18 VENDOR 12580 SHIP TO: TO: SUPERIOR FENCE & RAIL, INC City of Boynton Beach SFR OF PALM BEACH PUBLIC WORKS DEPARTMENT 1420 NEPTUNE DR. 222 N.E. 9TH AVENUE SUITE G BOYNTON BEACH, FL 33426 BOYNTON BEACH, FL 33435 REQUISITION NO. 72479 ORDERING DEPARTMENT: ENGINEERING/AGGA/MS ® ' DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 11803 . 80 DL INSTALL 380 LF OF 4' HIGH 1. 0000 11803 .80 COMMERCIAL BLACK VINYL COATED CHAIN LINK WITH. 6 .GATES 2 4790.35 DL INSTALL 12.5 LF 'OF 6'' ITGH . . . 1. 0000 4790.35 COMEMRC.T,Ah:;$LACK VINYL COATED CHAIN L.INK WITH I GATE 3 2427.48 DL TAKE HAUL AWAY 4 8 0-:' LF OF1.0000 2427.48 EXZETING CH N. L NK,' REMARKS;':: F;-FKE :AT:HESTER' CENTER SEE:ATTACHE,D QUOTE DATED 10/17/:18 : � 9 PROCUREMENT SERVICES: P.O. TOTAL: 19021. 63 ACCOUNT NO. PROJECT 303-4209-572.63-05 RP1821 PURCHASING Page 259 of 770 Ib OD \ \ py I V H rl 1 z O O (YJ I 1 U� H I \ \ H F I H '-I I I U] V] I F o m cD M >4 E-1 I W r M d io E ' a u1 cn W W W I I H H 1 F �F KCIO M O r1-1 a I pDQ < I Or, 0 A A C�7 U a N nO1 '.6 U?04 1 11!!lW4� I i U W U] W > I WUFW i 00 HI r71 z G 4 U I a awV4w Mo W i OFUr4 i W i \. A I I agza �# I K4 tD zwR1G,KC a 1 a o to ao I ' 1 Z ID M Q F o Ln 0 M 0 o O f i W'�H ,� I o 0 o z I ao M I flu { a wO 0 0 0 F U I M O r r- I I O O O x I O 01 N N I 1 W 0 r d� O H ' W I (1) N N w 1 F I •,-I -,-I .,i j.0 cn z D6 i W 4 r:,El y r rn U W HUFi 0 0 0 14 a 0000 z pn , 04 04 r W WOI o 0 0 N h a U 1 0 0 o E O k.0 0 0 0 O •,� •,q -,A ay a N °a H 1i � o H F F I M o in H NOIOM I F 0 G a i z U) o O o W 0 z P O H m o r a O H UD r H a H N H N 1 S4 S4 �I4J 4J 4J cx W ODOD i a 1 Ix 44 H a z baa � i A A q 01 q I O wNji 41N1.1 F W z \ fa, 1Doomom0w W HaFr a M z aaxaxax z H co ' U]F aw H HH a U PG F I M 0 z N I Fv E H E-W A KC i aro a i® I F F a w H W oL . N M ' F4 Way y Ix Q W cwn $ z z I � H W x wg z � w z a ; O o H z z u z H w 5 > x U va ul ° a rn a U� x u QQ Q w U U I 1 a o 1 rQ m H w�oaCQ � � � H pp�y WFWE+W HR K�'rx H KC fx DC KP,a I W W 0.7 U] I U aH U aH WaH I a,>P.>a'> Ix -a w .w WOWOWO Kl: �U]UW W UW oUw I xrx xrxx Qi P4 E-1 04 El 01 I xwwrx EWW04 wx 1 E X X OOO o C7 I OFCY, OFIx Wfx H H F-I 1 H H H U KG "Mugul xUAa rj)El m QA l ogla I >w>x>cn �P404x�x zx 1 c�tOza UHza cozy I aoa�ax H O 1 H p4 KC, H a'Fl,' v a'KC , W 3 i xH UFxCxUUFj 7�UF] Ha Ha HQQ4 W U - Haulz - HWz K(w -) zHAH w$QH 'SAF•I , 0 CD Y+ ' rT-I W C w rk1 x cn w uHi w In Ln In �1 z a I Oz U Oz�Q U aF-��]Uy I 0 0 0 W a 1 H!�z H Q','Z, F) z I M M M •. 1J 1 rT4�4RW 44 aow ow I 1p �p kD W W t a fx W a fx rT, ,T.,0.',w I N N N rn o O I O H •• •• U7 H •• •• •. .. In Ln Ln FA N r,��j Hm F 01 01 m X r z F H I MTNO CE-O ZFO i 0 0 0 O < F 1 UHx UHC; ,sHx n N N o � H U a l a nx a A'X, oQm. I F o H 1 Q O O a Q o o P o o U M M M U o H a aI �wxu 4wxu zU UO 0 0 v] U I FFXrQ FFA wxm FCM M M p. H O v] I 10C :) cn0 z O p 1 a AHOU F W zoom V) EUm 1 H H e Q H w NZ M �W 1H-7 W 1 H 1"'I N M H W 1 1 a I � � Page 260 of 770 CITY OF BOYNTON BEACH � REQUEST FOR PURCHASE OVER $10,000 - F Date: 11/2/2018 Requesting Department: PW-Engineering Contact Person: Marc Saveedra Explanation for Purchase: Installation and removal of fencing at Hester Center Recommended Vendor Superior Fence & Rail Dollar Amount of Purchase d�\, !Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4209-572-63-05, Project#RP1821 Approvals: Department Head `! � Date � J Purchasing Agent Date Asst City Manager Date City Manager �— Date Form Revised 02/01/02 Page 261 of 770 Greco-Arencibia, Adrianna `" 1 From: Saavedra, Marc Sent: Thursday,October 25, 2018 5:42 PM To: Greco-Arencibia,Adrianna Cc: Mack,Andrew Subject: Hester Center Fence PO Attachments: Superior Fence - Ezell Hester Fence 10_17_18(1).pdf, Budget Fence- City BB Ezell Hester.pdf, Fence Crafters - Hester bid.pdf,Alpha - Hester Fence Bid.pdf Hey Adrianna, See below and attached the bid summary and the four bids for the Hester Center fencing projects. Fence Crafters is not able to remove the existing fence,and Kevin Ramsey is quite busy, making Superior the lowest useful bid. Can you please write them to request their COI and W-9? His contact info is the following: Eric Stanbra erict�Dfencingpalmbeach.com. Once you have this, please proceed with issuing the P0. Thank you, Hester Center-Fence quotes Summary Ball Paris Fence InstallationExisti Removal Hester Center Fence Install Wil Alpha $15ASS.02 (incl) (incl) $5,150bo (into Sad et $11ASd.00 (incl) $3,90000 $4,188.001 (incl) CAN enor $11,803.80LA27. 8 ,79035 inc Fence Grafters $121000.00' irrel) €SN`7 INArT X00 (Incl) Marc Saavedra Associate Engineer Public Works, Engineering d Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. Boynton Beach Florida 33435 dR ' samu. 561-742-6267 1 JS 561-742-6357 SaavedraM@bbfl.us boynton-beach.org/ AM `tl i t\11,St� Y4nrp t1PtF t p u'? m(,,, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 262 of 770 SUPERIOR ii0 AFA MEMBER I � n FENCE& mc. Proposal for Fencing Installation American Fence BBB Association,Inc. Where Quality Matters! _._. ..... ......_ Saavedra, Marc Customer's Last Name,First Name — �- .........— Ezell Hester, Jr. Park off of North SeacrestDate 10 17 2018 Service Address _.....— ......—...... ..._... _. m " ' ) i PRICE IS VALID 30 DAYS FROM Boynton Beach FL DATE OF PROPOSAL. city State Zip _.�. n.m � ....�....� ��....._.Art � .m.,... .. SaavedraM@bbfl.us Customer's Daytime Phone No. Customer's Evening Phone No. Customer's E-mail Address ---- Nearest Cross Street -. .. PERMIT/INSPECTION INFORMATION Permit required?&'%s; ®No ❑ Homeowner to obtain permit Superior Fence&Rail Plot plan or surver�available? (Superior Fence&Rail requires copy of permit before installation) to obtain permit Wes lel No APPROXIMATE LAYOUT Selection _ _..... _.�. ..e. _.6- _ �a..�. .. .. .. FENCE FOOTAGE CONTAINED IN THIS PROPOSAL IS APPROXIMATE BASED ON THE FIELD MEASUREMENT,FINAL PRICE WILL BE ADJUSTED BASED ON ACTUAL FENCE FOOTAGE USED,AS SET FORTH IN TERMS AND CONDITIONS,L) ADDITIONAL COST OPTIONS ADD THE PRICES ON THIS COLUMN TO THE SELECTION TAKE DOWN AND HAUL AWAY OLD FENCE � ui{i i t� jh��(i t� rit a k� 1t9Y a� 4[ IE�IIftff;Jr. �CpmmuM)lPA fb'lg ` Install 380 LF of4 high ;ommercial Black Viny coated chain-link with 6 ates=$11,803.80 r t tt'�tt�t �� ist��y3,kit �tti +I;i� Install 125 LF of 6 high commercial Black Viny r ' �r� , coated chain-link with 1 tate $4,790 35t 1tt�jt "� �� _ _ ��'itti S �� 3 a 3�i, *Take down$�n42h�48 any 480 LF of existing t , chain-link �[ t1t Pdce IflclLides 80 Wlrldscreerl NORTH V -... ._4 i r ii 11�t t r,{Sid 1��} `d ' sit 1 �,�S t Gn ts �� t tit Y h,v1 �{ z `�\ t1 )ifs f111 �lAln �lY$ t ¢ _. ...._ 11. �E �C� . „ �,4 9 sV ''Jim � i �_,��n �� i,'% I i l i e n , 0 tem a alt. � �C)i rr � z SUB TOTAL 19,021.63 9,510.82 �s� DEPOSIT AMOUNT DUE �, "I' i FINAL AMOUNT DUE 9510.81 FENCE TO FOLLOW GRADE OF PROPERTY:PLEASE INITIAL �- �. black viny[ Fence 9-gauge core Fen Color t black Product Height Eft Heigh �_ _.. . .. black vinyl h - ce 9gaugeca►e Style: Height: Selvage knuckletknuckle (Selvage knuckle"uckle Footage: If Gates Top Rail 1-5LB' Top Rail 1-5/B' _,..,.,.,. ._.................... Line Post 2-1/2' _ Line Post 2.1/2" Post Cap: Color: End Post 3 End Past 3" Rail Type: Post Type: Gate Post 3" Gate Post 3". -. _........ --- T R. .._.�. Picket Type:Tension wire bottom,9-Gauge Tension Wire bottorsy 9 Gauge yp DISTRIBUTION:White-Superior Fence&Rail Copy Yellow-Customer Copy Page 263 of 770 TERMS AND CONDITIONS A) Superior Fence&Rail will complete Installation in a E) Financed Transaotlons: If You are financing this L) Superior Fence&Rail will call the major utilities to workmanlike manner.Superior Fence& Rail will not transaction in whole or in part,Your separate loan mark electrical, water, and cable locations if the start, conduct, after, or finish Installation except in agreement(to which Superior Fence&Rail is NOT a utilities provide this service in your city. accordance with applicable law.Professional will either party) will determine: 0) the amount financed (the not start,or will immediately discontinue,Installation amount of credit provided to You);(ii)the associated M) Superior Fence&Rail is not responsible for any upon discovery of unforeseen physical or hazardous finance charges(the dollar amount the loan will cost damage to underground utilities,fixtures,wires,piping, conditions at Your service address.Superior.Fence& You);and(iii)the total payment(the amount You will sprinklers,etc.that are unmarked or marked incorrect- Rail will not attemptto repair such conditions.Superior have paid when You have made all scheduled ly.You shall absorb all costs. Fence&Rail is not responsible for identifying property payments).You will be further subject to Your loan lines, easements, covenants, or other legal agreement's terms and conditions. N) Superior Fence & Rail will obtain any required encumbrances Your service address may besubjectto. permits and permit numbers where necessary at Superior Fence&Rail will not make any modifications F)Security Interests:Liens:If You make all payments additional cost to You. If your home is part of a to Your security system,ifYou have one. as required under this Agreement,no security interest Homeowner's Association, (HOA), You will need to will be placed against Your property by Superior Fence obtain and provide approvals from the HOA before B)You agree to pay Superior Fence&Rail for merchan- & Rail. If a security interest is placed against Your installation of Your fence can be scheduled. dise delivery and/or Installation according to the terms property, it creates a lien, mortgage or other claim and conditions of this Agreement. If Your service against Your property to secure payment and may 0) You agree to meet with the installation crew on the address is subject to any easements, covenants or cause a loss of Your property if You fail to pay as day of installation before installation begins to indicate other legal encumbrances that could affect Installa- requested.After paying on any completed phase of actual fence placement. tion,You agree to let Superior Fence&Rail know about Installation and before making any further payments, them before Installation.You agree to facilitate the You should request from Installation Professional a P) The fence will be installed to the contour of the location of underground/overhead utility lines and any signed,unconditional release from,or waiver of,any existing ground unless agreed otherwise in writing on other items that may interfere with Installation right to place any claim against Your property change order of installation overview agreement. including, but not limited to sprinkler systems, low applicable to the work then completed.You may ask an voltage wiring,drainage lines,and any electrical,water, attorney about Your rights to discharge security Q) You are responsible for establishing the property gas or cable locations where the utilities in your interests. lines prior to install - a survey by others may be municipality do not provide marking services. You necessary.Where the fence lines are not indicated by agree to ensure thatwork areas are free of preexisting G) CANCELLATION: YOU MAY CANCEL THIS surface marks or stakes,no responsibility shall rest hazards,i.e.unsafe physical conditions or environmen- AGREEMENT WITHOUT PENALTY OR OBLIGATION BY with the Installation Professional by reason of erecting tal hazards and building/zoning code violations.You DELIVERING WRITTEN NOTICE TO SUPERIOR FENCE& fence on incorrect lines and You hereby agree to agree to allow Installation Professional access to work RAIL BY MIDNIGHT ON THE THIRD BUSINESS DAY indemnify the Superior Fence&Rail and Installation areas duringworking hours.You agree to ensure that if AFTER SIGNING.THE STATE SUPPLEMENT CONTAINS Professional and save it harmless against and in You have a security system,it does not interfere with FORM TO USE IF ONE IS SPECIFICALLY PRESCRIBED BY respect to the claims of any persons aggrieved by the Installation.You agree not to allow unattended minors LAW IN YOUR STATE.Your payment(s)will be returned location of said fence when erected or bytrespasses or at Your service address while Installation Professional within(10)business days after Superior Fence&Rail's damage which may have necessarily been committed is present You agree to control pets and keep them receipt of Your notice.You must make available for or occasioned consciously or unconsciously by our away from work areas. You agree to keep posted pickup by Superior Fence & Rail at Your service erection forces in the course of installation. permits on display at all times.You agree notto assign address,and in substantially the same condition as or transfer this Agreement You agree any claims when delivered, any merchandise or materials R)To ensure proper installation of your new fence,You against Superior Fence&Rail under this Agreement delivered to You.Or You may contact Superior Fence& agree to clearthe fence line of all obstructions such as should be made to Superior Fence&Rail within thirty Rail for instructions regarding return shipment at brush,firewood,personal yard items,etc.In the event (30)calendar days of the date You first became aware Superior Fence&Rail's expense this is not completed once the crew arrives to install of a problem. (Superior Fence & Rail will attempt the fence, additional charges may be accessed to resolution of any claim(s)within sixty(60) calendar H) Termination:You may terminate this Agreement at achieve the necessary workspace. You shall hold days of receiving Your notice.YOU ASSUME THE RISK any time after providing Superior Fence&Rail with ten Superior Fence & Rail and Installation Professional AND THE FULL LIABILITY OF ASSISTING SUPERIOR (10)or more business days'advance written notice.If harmless for any damage to Items within the fence line. FENCE&RAIL WITH DELIVERY OF MATERIALS OR WITH You breach this Agreement,or following discovery of INSTALLATION. previously undisclosed legal encumbrances on Your S) Superior Fence& Rail is not responsible for any premises, building/zoning code violations, or damage or soiling to driveways, walkways, walls, C) Changes and Change Orders:Superior Fence& hidden/unforeseen physical/hazardous conditions gardens,fresh grading,sod,shrubbery, patios, etc., Rail,at Your request,may arrange for Superior Fence& differing from what You represented,Superior Fence& resulting from gaining access or performing work in the Rail to perform additional work,subject to a Change Rail may immediately terminate the Agreement without same proximity.You shall absorb all costs. Order,subject to additional charges payable by You to further obligation to you.In either event,You agree to Superior Fence&Rail.Any changes to Installation,i.e., pay Superior Fence&Rail the greater of fifteen percent T) LIMITED WARRANTY:TO THE EXTENT PERMISSI- a substitution of materials or an expansion of the (15%)of the total sale or the costs of materials,labor BLE UNDER APPLICABLE LAW, SUPERIOR FENCE & scope of the work,will require You and Superior Fence and services provided by Superior Fence & Rail RAIL WARRANTS THE WORKMANSHIP OF THE & Rail to first sign a written Change Order that will through the date/time of termination,plus any other INSTALLATION FOR THREE (3) YEARS FROM ITS become part of this Agreement. Any Change Order amounts allowed under applicable law. COMPLETION DATE. PROVIDED CUSTOMER NOTIFIES must be clear in scope and specify any additional SUPERIOR FENCE & RAIL DURING THE WARRANTY payment(s)and/or changes in anticipated start/finish 1) Raturns:A 15%restocking fee applies to the return PERIOD,SUPERIOR FENCE&RAIL WILL ARRANGE FOR dates. Following discovery of previously of regular special orders i.e.,special order merchan- REPAIR AT NO CHARGE TO CUSTOMER FOR ANY undisclosed/unidentified legal encumbrances on Your dise that is not custom made.Special orders that are DEFECTS DUE TO FAULTY WORKMANSHIP.SUPERIOR premises,building/zoning code violations,or hidden/ custom made, i.e., uniquely altered, color-matched, FENCE & RAIL'S WARRANTY DOES NOT COVER unforeseen physical/hazardous conditions such as the shaped,sized or otherwise uniquely designed or fitted DAMAGE CAUSED BY ACTS OF GOD,INSTALLATION OR presence of underground or overhead utility lines, to accommodate the requirements of a particular REPAIRS MADE BY PERSONS OTHER THAN SUPERIOR rocks,roots,buried debris,mold,asbestos,lead paint, space or environment are non-returnable.Exceptions: FENCE&RAIL OR AUTHORIZED SERVICE PROVIDER, or any conditions differing from what You represented, Cancellations made by midnight on the third business ABUSE, MISUSE, NEGLECT,OR NORMAL WEAR AND Superior Fence & Rail may immediately ask for a day after the date of Your purchase; merchandise TEAR.MERCHANDISE AND MATERIALS ARE COVERED Change Order or discontinue Installation without incorrectly ordered by Superior Fence & Rail; or EXCLUSIVELY BY THE MANUFACTURER'S WARRANTY,IF further obligation to You.If You decline a Change Order merchandise damaged beyond repair in delivery or by ANY. THIS LIMITED WARRANTY GIVES CUSTOMER request,You or Superior Fence&Rail may terminate Installation Professional.Unless otherwise specified in SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO this Agreement as set forth below. this Agreement, all returns must be made within HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO Superior Fence&Rail's posted time frame. STATE. D) Credit Card Transactions: Your separate cardholder agreement(to which Superior Fence&Rail J) All wood fences other than stockade or split rail are U) Payment Terms: Upon signing contract, 50%of is NOT a party)will determine the total cost of Your considered Custom Wood Fences.Should You make total contract amount is due unless state law governs purchase if by credit card, including any initial any changes in the layout of Ornamental Aluminum, otherwise. The remaining balance is due upon payment/deposit You make and all interest charges PVC or Custom Wood Fence on the date of installation acceptance of completed installation. and fees.You will be further subjecttc Your cardholder resulting in reduced footage and extra materials,these agreement's terms and conditions. materials are non returnable and must be paid for as V) If there is an unpaid balance,at its discretion, agreed. Superior Fence & Rail may temporarily void the warranty (workmanship) until the unpaid balance is K) Should You make any changes in the layout of resolved. Ornamental Aluminum,PVC or Custom Wood Fence on the date of installation resulting in reduced footage W) You may cancel this Agreement at anytime prior to and extra materials, these materials are non midnight of the third business day after the date ofthis returnable and must be paid for as agreed. transaction.See the notice of cancellation form below for an explanation of this right Page 264 of 770 SUPERJOR AFA E BER ill,FENCEx ,me. Proposal for Fencing Installation American Fence BBB Association,Inc. Where Quality atters! Iko Approximate Installation Lead Time Please note:Superior Fence&Rail is not responsible for start/finlsh delays resulting from events beyond their control including,but not limited to,Change Orders,acts of nature,governmental actions,manufacturing delays or damage to merchandise caused by third parties,labor strikes/unrest Your credit/financ- ing,any incorrect Information You provide,legal encumbrances on Your property,Your property's nonconformance with zoning requirements or building code requirements,hidden/unforeseen physical/hazardous conditions(including,but not limited to,environmental hazards such as mold,asbestos and lead paint)atlP Your service address or Your noncompliance with this Agreement or Change Orders.SFR reserves the right to terminate this agreement and/or require Installation Professional to discontinue Installation given any ofthe foregoing conditions.. ....., ..._- .,. ...._. ....... ........... ........ Definitions:"You"/"Your"means the customer identified above."Installation"means the installation services specified in this Agreement"SFR"means Superior Fence&Rail and it's employees,agents and subcontractors."Agreement"means this Special Services/SFR Agreement between You and SFR,which includes this page,the General Terms and Conditions following this page,the State Supplement,the Invoice or Specifications and any other documents expressly made a part of this Agreement.Please see this Agreement's General Terms and Conditions for additional definitions. Acceptance and Authorization:By signing below,You authorize SFR to perform Installation and/or(b)order and arrange for the delivery of special order merchandise,including special order merchandise that may be custom made,as specified in this Agreement You understand this Agreement constitutes the entire understanding between You and SFR and may only be amended by a Change Order signed by SFR and You.This Agreement expressly supersedes all prior written or verbal agreements or representations made by SFR,You,or anyone else. Except as set forth in this Agreement,You agree there are no oral or written representations or inducements,express or implied,in any way conditioning this Agreement,and You expressly disclaim their existence.Do not sign if blank or incomplete.(installation Professional's/permitting information may need to be provided to You later.By signing,you acknowledge that You have read,understand,and accept this Agreement in its entirety.You further acknowledge receiving a complete copy.Keep it to protect your legal rights. It Is very Important to read the Terms and Conditions Included on the reverse side of the first page.By signing this proposal and providing a deposit you are I creating a Contract between the parties for the selected products and you agree to the Terms and Conditions on the reverse side of the first page, .-...W ........ Payment Schedule:You agree that payments will be due as indicated below.If You are paying by credit or debit card,the account may be charged or debited(as applicable)on the same day that it is accepted by the THE SFR representative. Deposit Payment Amount: $ DUE IN FULL IMMEDIATELY Final Payment Amount: $ Due upon final approval of completed work Total Amount of Sale $ Accepted by. Superior Fence&Rail,Inc., 1420 Neptune Dr,Ste G g Boynton Beach,FL 33426 Customer's Signature Date Customer's Initials: BY INITIALING,YOU AUTHORIZE DELIVERY (561)513-5095 OF MERCHANDISE TO SERVICE ADDRESS PROVIDED ABOVE WITHOUT OBTAINING DELIVERY AGENT'S SIGNATURE AND AGREE TO INDEMNIFY AND HOLD SFR HARMLESS FROM ANY RESULTING CLAIMS. p Signature Date Authorized Representative's Full Si — _................ n Professional/Authorized Representative on SFR's Behalf:PRINT Your Full Personal Name — — — — — — — — — — — — — — — — — — — — — — — Primary Payment Method: ❑Check ❑AMEX ❑Discover ❑MasterCard ❑VISA ......... - Amount:$_ Primary Account Number(Credit Cards Only): Expiration: Billing Zip Code CCV: Secondary Payment Method: ❑Check ❑AMEX ❑Discover [--]Mastercard ❑VISA Amount:$ Secondary Account Number(Credit Cards Only). j Expiration: Billing Zip Code: s CCV For each check presented as a payment,I,the aeeourd holder,authorize Superior Fence and Rail(SFR),to use the information from my check*to make an electronic funds transfer(EFT) or draft from my account,or to process my payment as a check transaction.The account referenced Is a(check one): ❑Personal/Consumer Account O Business/Corporate Account Driver's License# If my payment is returned unpaid,I authorize Superior Fence and Rail,to collect my payment and state's return fee,asset forth below,by EFT(s)or draft(s)from my account until paid. I understand that I can revoke this authorization by providing written notice to SFR within 24 hours to afford SFR a reasonable opportunity to act on ft.If this payment is from a business/corporate owned account,I make this authorization as an authorized corporate representative listed on the account and agree that the entity will be bound by the NACHA Operating Rules. FL-CHECKS UP TO$50.00=$25.00 FEE,$50.01-$300.00=$30.00 FEE,$300.01&OVER=THE GREATER OF$40.00 OR 5%OF THE AMOUNT OF THE CHECK;GA-THE GREATER OF$30.00 OR 5%OF THE AMOUNT OF THE CHECK;LA-THE GREATER OF$25.00 OR 5%OF THE AMOUNT OF THE CHECK *An SFR representative must destroy this portion of the document within 10 days of the Install Completion Date unless otherwise approved by SFR. Customer's Signature Date — .. ......_ _... - -. .. _ ......... ...... SFR Representative's Signature Date Superior Fence&Rail,Inc.,1420 Neptune Dr.,Ste.6,Boynton Beach,FL 33426 DISTRIBUTION:White-Superior Fence&Rail Copy Yellow-Customer Copy Page 265 of 770 As our valued costumer,we want to be sure You have complete information about the installation of your fence.Our goal is to avoid problems and provide a quick,quality Installation service and to provide information on keeping your new fence looking great for years to come.Please see the General Terms and Conditions on the Agreement for other important information concerning your installation. 7. Superior Fence&Rail will call the major utilities to mark electrical,water,and cable locations if the utilities provide this service in your city. Initial 2. There are some underground items that only the homeowner can identify.The utility companies do not mark these,and Superior Fence&Rail is not responsible for damage to unmarked items. Prior to the Installation,it is important that You use a bright colored spray paint to mark the ground for locations of: a.Underground sprinkler lines b.Underground water lines that feed a swimming pool or other structure. c.Underground electric lines(other that local utility lines)that supply power to lamp posts.walkway lighting,yard lighting,and wiring for pools, sheds,wells,etc. d.French drains or related items e.Any electrical,water,or cable locations where the utilities in your city do not provide marking services. Initial 3. You are responsible for the location of the fence.If You cannot find the property line markers,it is recommended that You have a survey done to ensure Your new fence does not encroach onto Your neighbor's property,and is in compliance with local building codes for setback requirements.Superior Fence&Rail is not responsible for the costs associated with moving or removing fences where the property lines have not been properly located before installation. Initial 4. To ensure proper Installation of Your new fence,some trimming or clearing may be required.Superior Fence&Rail can provide there services,or You may choose to save these costs by doing this work yourself before installation: a.To provide room for a quality Installation,all brush,briars,tall grass,overgrowth,etc.must be cleared to a distance of 2'on either side of the installation line for Your new fence. b.Any trees or shrubs near the Installation line for the new fence must be cleared to a distance of 2'on either side of the installation line,and cleared to a height of 61/2' c.The cost for the Installation crew to trim,clear,and dispose of these materials is$ 50 per hour d.We cannot grind or remove tree roots or stumps,and we cannot remove trees with a diameter greater than 4". Initial 5. While digging postholes of at least three feet deep,we sometimes encounter hard dig conditions that cannot be foreseen before the Installation. a.We will bring in a jackhammer if we encounter tree roots,hard clay,boulders or rock shelf,etc.or other conditions that the auger cannot penetrate b.A hard dig is a last resort for proper Installation of your fence,and each posthole that requires use of the jackhammer requires an additional charge of$ 50 per hole Initial 6. The Installation Professional and crew will need access to an electric plug-in,and an outside water faucet. During the Installation,You will hear nail guns,hammers,air compressors,augers,jackhammers,etc.Please make sure all pets are secured before the installation begins.Please be sure to inform Your neighbors of the Installation schedule so that they are aware of the noise and,if a common fence is being replaced,they can secure their pets as well. Initial 7. If your home is part of a Homeowner's Association(HOA),You will need to obtain approvals from the HOA before Installation of Your fence can be sched- uled. Initial S. It is important that You are present during the Installation process.Specifically,it is importantthat You are present at the beginning of the Installation for a final review of the project plans with the Installation Crew.It is also important that You are present at the completion of the Installation,so that You can sign the Approval of Completed Installation and so that the Installation Crew can review the maintenance requirements with You.Only a minimum amount of time will be required at the start and atthe finish of the project to complete there important steps in providing a quality product. Initial X _..._.. .... _. Customer's Signature Date X Date For questions or assistance,please call: ,-_.,,__,w. Superior Fence&Rail,Inc.,1420 Neptune Dr.,Ste.G,Boynton Beach,FL 33426 DISTRIBUTION:White-Superior Fence&Rail Copy Yellow-Customer Copy Page 266 of 770 f In Wood Fence AFA MEMBER s pT�l FEYCE&RAQ.,INC. Characteristics and Product American Fence BBB Where Quality Matters! Care Instructions 400. Association,Inc. COMMON MAINTENANCE CONCERNS Your maintenance efforts will give you a fence that will look bright and fresh for years to come! The continuous changes in weather conditions are extremely INITIAL MAINTENANCE harsh on your fence.Your maintenance plan must be geared to combat the problems caused by water absorption and 1. Start by cleaning your fence with a cleaner/brightener that water loss,mildew growth,and discoloration of wood due contains a mildewcide. Because your fence is new,this to the sun's ultraviolet rays.All of the maintenance concerns step is truly preventative. discussed below are weather related.The degree to which 2. Next,apply a topical sealant for surface protection. your fence is affected by them depends on Do not use a conventional multi-coat paint many factors.These factors include general CUP/WARP system or varnish. The performance is nearly climate conditions(such as normal pcecipi- always disappointing'and repainting often has to tation,humidity,etc.)and location in your be preceded by scraping and sanding. Instead, yard(with regard to direct sun exposure, choose either a pigmented or clear outdoor wood foliage coverage,etc.). TWIST sealer. Unlike true paints,these sealers allow If your fence is built using pressure-treated moisture vapor to leave the wood slowly after lumber,it is important to note that the the coating has been applied. For that reason, pressure treatment does not increase the either can be applied as soon as the surface no likelihood that your fence will develop these CHECK longer looks wet. Your choice of sealer should natural defects to any greater degree than include not only a water repellent but also a UV the same material left untreated.These stabilizer to slow the discoloration process. You weather related defects are beyond the may want to cover or protect surrounding plants control of the pressure treatment process. before applying a sealant. Be sure to follow the manufacturer's instructions. SWELLING&SHRINKING SPLIT FIRST YEAR MAINTENANCE Continuous water absorption and water 1. Reapply cleaner/brightener as,described loss in the wood used for your fence will in initial maintenance,as well as another cause its natural defects to surface.The To effectively combat these i application of most common defects are:cupping/warp- maintenance concerns,it cull! pP your outdoor wood sealant. ing,twisting,checking,and splitting. be up to you to follow a pre- The topical water repellent and ultraviolet A well maintained fence will still experi- ventative maintenance plan. stabilizer will keep your fence looking fresh. ence some of these natural defects. 2. Complete your first year maintenance However,the extent can be significantly reduced after 12 months. through a maintenance plan. FUTURE PERIODIC PREVENTATIVE MAINTENANCE MILDEW GROWTH 1. Depending on the location of your fence,with regard Whenever wood,including pressure treated wood,is to direct sun exposure,foliage coverage,etc.,it may be constantly exposed to moist or humid conditions,it will sufficient to clean/brighten and recoat every two years. mildew.This results in an unsightly appearance.Your 2. If you decide to wait two or more years to perform your preventative maintenance plan will need to include next cleaning/brightening,you may want to use a power cleaning your fence with a cleaner containing a washer. Be sure that the cleaner/brightener you use mildewcide.This will insure that your fence will remain contains a mildewcide. bright and attractive. 3. After every cleaning,reapply an outdoor wood sealer that contains both a water repellent and ultraviolet stabilizer. ULTRAVIOLET PROTECTION `Remember,even consistent maintenance will not prevent the Without any preventative steps taken to block the sun's natural defects of wood from surfacing—but your efforts ultraviolet rays,the surface cells of the wood will begin to can minimize them. discolor to a weathered gray color.Although some may prefer this,others won't.If you want to maintain the • ?b ► ,, ,' "FT, � r � e s R y ,w'; natural wood color,you will need to not only clean/bright- en your fence periodically,but also choose a water repel- PLEASE SIGN YOUR NAME TO VALIDATE THAT THIS INFORMATION lent finish with an ultraviolet stabilizer.The stabilizer will SHEET WAS PRESENTED TO YOU BY YOUR INSTALLER not prevent eventual discoloration,but will slow down the process.Periodic reapplication of a UV stabilizer will help in this effort over an extended period of time. (Buyers signature) Date (Installation Supervisor) Date Superior Fence&Rail,Inc.,1420 Neptune Dr.,Ste.G,Boynton Beach,FL 33426 DISTRIBUTION:White-Superior Fence&Rail Copy Yellow-Customer Copy Page 267 of 770 a IMMT, SUPERIOR AFA MEMBERBBB FENCE& ,INC. Proposal for Fencing InstallationInIn American Fence ®yip r�1 Mrd{.}®r Association,Inc. MEMBER Vie Quality Matters! - NORRIEAW FLORIDA NOTICE OF CANCELLATION Date of Transaction: You may CANCEL this transaction,without any Penalty or Obligation,within THREE(3)BUSINESS DAYS from above date. If you cancel,any propertytraded in,and payments made byyou underthe contractor sales,and any negotiable instrument executed byyou will be returned within TEN(10)BUSINESS DAYS following receipt by the seller of your cancellation notice,and any security interest arising out of the transaction will be cancelled. If you cancel,you must make available to the seller at your residence,in substantially as good condition as when received,any good delivered to you under this contract or sale,or you may,if you wish,comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within(20)calendar days of the date of your Notice of Cancellation,you may retain or dispose of the goods without any further obligation.If you fail to make the goods available to the seller,or if you agree to return the goods to the seller and fail to do so,then you remain liable for any performance of the obligations under the contract. To cancel this transaction,mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice,or send a telegram,to _.... ..... _... ...._...............__........ (Print/type name of seller or sellers authorized representative) at 1 HEREBY CANCEL THIS TRANSACTION Superior Fence&Rail,Inc., 1420 Neptune Dr.Ste G (Buyer's name) Boynton Beach,FL 33426 (Buyer's signature) Date Superior Fence&Rall,Inc.,1420 Neptune Dr.,Ste.G,Boynton Beach,FL 33426 DISTRIBUTION:White-Superior Fence&Rail Copy Yellow-Customer Copy Page 268 of 770 afA CERTIFIED `"��guaufb �o 1 1gill 11 FLORIDAFENCE FENCE n I ASSOCIATION PROFESSIONAL 3°' BUDGETFENCE C ! OfM.ma«nl.e, AND GATE SYSTEMS Assacllai en 3 tic.#U-22038 "Since 1950" Fwww.budgetfenceandgate.com looghe Proposal Date 1444 Suite A Skees Rd.West Palm Beach 33411 Email:office@budgetfenceandgate,com Phone:561-793-6404 Fax: 561-793-6645 We propose,subject to acceptance at the Home office as hereinafter set forth,to install on your property in accordance with quantifies listed below. This Contract is expressly subject to covenants,conditions,and approval by an Officer of the Company; All material,unless otherwise expressly provided,shall be in accordance with Seller's Standard Specifications. Name: C► VP cell: 56 I�7N a —6d67 Mr./Ms. - --- Company: i)1 I l,l -Oy Cell: Mr./MB. Email S l., Home/Fax: JoI)site Address: 1401 N �SfPaC1t�S�— T'� PS Security Gate? ❑Y N Deaurcode Billing Address: G (zip) Fence Color: Qc ❑Aluminum ❑PVC/Vinyl WVinyl Coated Chain Link ❑Steel ❑Other ❑Pressure Treated Wood ❑Galvanized Chain Link ❑Gate Operator ❑Wire Fence ❑Steel Frame for Gate ALU I fit Atom Pickets Rails Posts Ft.7 Gate Wthlht Style Size I Mat'I/Top Style I Spacing No./Size Mat'I Size Top Style Mafl a!/ erg— r�cx �/D am s ers Qs &I g 'r v. �. eky Il (?S /We 0,X ! !a t S. ec'cl Abe coli/' $r.I Ji ' dI(C M1,0let ^ t"CJS �✓► ' ., " , ��T� --- 8 Tear out ft. til Away? Y Iv- Self Closing Pool Hinge Y El N Hinge: Latch ! , -- CHAIN LINK Wine and Gate Detail To rail 1Line Post I Terminals 0 Ft.I Gate Wth/ht Ga./Bottom Wine!Barged I Screening O.D.I W.Th./Mafl Size No/O.D.I W.Th./Mafl 9' IV, Coke ouP 6 (l b(acI t/;n yl C l�a�Y► i�� '' e ki5i"6',5 kliki o#vm' . 6-ell/age K- FENCE TO BE STRAIGHT SLOPE WHERE FENCE CANNOT'RACK' SLIGHTLY UNEVEN WITH FENCE FOLLOWING ❑PLACED GN TO B E WITH HIGHEST GRADE ❑ ENOUGH TO FOLLOW GRADE AND ❑ (CUSTOMER TO FILL MUST BE STEPPED,RESULTING IN FLOW OF GROUND FENCE (LOCATION ON INGAPS) - LARGE GAPS UNDER FENCE WILL BE UNEVEN ATTOP DRAWING) (CUSTOMERTO FILL IN GAPS.) Check here iftustornerls accepting responsthlillyfor getting permits&anystyle,color,h*ht location or removallsssues&any related fees,finesorcosts. "Customer will be charged for municipalities actual permit cost upon completion ` Project Total prior to permit cost . / / _ y *Total price subject to actual installed quantities. Odd 10 Payment Terms: DEPOSIT.50/e -- asnce to be paid to crew when installation Is complete. t �A Applied 3%discount for paying both deposit&balance With check. CL El Charge both deposit and remaining balance on credit card. ❑Finance: CK# By signing,you acknowledge that you have read,understand, and accept this agreement in its entirety,including our standard terms and conditions(1-24)on the back of the contract,that may be important to you.You further acknowledge recieving a complete copy of this agreement. vo t W i and 110 r' tSUIP � X Date: `V M M P n f Purchaser Authorization oCie f l�1164 , f Print Name I Purcha r sr i Print Budget Fence and Gate Systems Rep.Name!Cell Page 269 of 770 l x'60 sALPH , EEN E SPECIALISTS PERMIT S NEED ProposallContract eDATEWRITTEN UP: _ _ w NO 555 West Ocean Avenue Boynton Beach,FL 33426 READY DATE: WHERE ice 561.738.9966 Fax 561.738.9919 E-mail.admin@,alpha-fence.com JOBADDRESS License U-8456 CBC-1261750 BILLINGE,4 S NAME Ze.l s' �". .rA{ NAME: r �� G SUBDIVISION CONTACT: 1` e y r ADDRESS 10 1�1 r Sac ti A Ess ..... .a .....__ CITY rk-F® L >3q CITY: PHONE# _ �—_. P _ NE ,.__ S61 C)'---�a a L-1 ALUM ® P.V.C. ®WOOD CHAIN LINK L4%S' TYPE Csa K}. COLORi ++ � , 31st HEIGHT + FOOTAGE � 0� f 9 JJ II e ll GATES SELF-CLOSING D `� Cq _ TERM.POST_ I a _ y IN GROUND CORE DRILL 0 FLOOR. FLANGE. ®WALL MOUNT. D } Tz`V\- Po NOTES :. _. ... 15 ,qhs, o c I rl II ck a 7m_ lWli 1 ill ® COST OFFENCE. n , 5 1 I tr+ti PERMIT FEE: TOTAL: _ .-r LI "a .� v, 50% DEPOSIT th BALANCE DUE UPON COMPLETION:$ Accepted:THE ABOVE PRICES,SPECIFICATIONS AND `J 0 }� � CONDITIONS ARE SATISFACTORY AND HEREBY ACCEPTED.YOU ARE AUTHORIZED TO DO THE WORK t 5 0 AS SPECIFIED. PAYMENT WILL BE MADE AS OUT- LINED. DATE: CUSTOMER: SIGNATURE: ' — SALESPERSON SIGNATURE:,-' ,Y �� — _..._ _ �........— PLEASE READ THE TERMS&CONDITIONS ON THT REVERSE Page 270 of 770 TERMS AND CONDITIONS OF CONTRACT 1. Please understand that any representation by Alpha Fence regarding an installation date is for the customei's convenience and is our best approximation only.We try hard to give the customer a fair representation of the schedule when asked,but the installation schedule changes daily and at times significantly due to circumstances troth within and beyond Alpha's control,including but not limited to weather,permit issues,easement agreements,change orders,and progress on prior scheduled jobs etc. 2. Many times a customer wants their fence installed in the same area where cable,sprinkler,pool or utility lines already exist Due to this potential conflict,even if these Items are marked,frequently unseen underground lines are damaged during the digging and/or removal phase of the fence installation.Because these lines are fragile and cannot be seen,the breaking of these lines cannot be attributed to negligence.If a line is broken,the customer agrees to defend,indemnify and hold Alpha Fence harmless from any related damages.If appropriate,the customer agrees to apply their homeowner's insurance for coverage. 3.. The property to be fenced may have deed andlor homeowners association restrictions,and city or county planning or zoning restrictions.It Is the customers responsibility to check the applicable restrictions on their property to verify that the type,height,color and location etc.,of the fence they have chosen will be allowed. Materials are normally ordered or cut and/or gates are normalty manufactured upon receipt of the signed contract and deposit.If the customer is unsure that the chosen fence type will be allowed,and wants to avoid the responsibility for this until appropriate approvals are obtained,it must be noted on the front of the contract. 4. We all want the fence to be located where the customer wants it,therefore,the customer will be responsible to indicate to the crew the proper location of the fence and Wit provide Alpha Fence with an accurate,clear,legible survey or the property...AlI the property pins should be located and exposed by the customer.If not found, the installation crew will attempt to help the customer find the property pins,but the customer not Alpha Fence is responsible for the location of the fence and all consequences associated with the location. 5. The crew will need room to work in order to do the job.The customer agrees to have 2 feet on both of all work and/or fence areas clear of obstructions,!a:trees, bushes,debris etc.If the fence line is not dear when the crew arrives,the crew may clear the fence line and the customer agrees to pay$60.00 per man hour for this service.(1 hour minimum)or the crew may move the fence line to avoid obstructions.This will keep the crews working and help to avoid any extra trip charges.All items fixed to your fence must be removed by the homeowner prior to installation.This includes but Is not limited to electrical conduit,lighting,all and decorations. Alpha Fence is not responsible for any damage done to items left on fence. 6. All measurements shown on the front of the contract are approximate andlor nominal,The actual measurements of the fence may vary. 7. Some codes require landscaping and grounding offences.Customer agrees to do the necessary landscaping or grounding required by local codes,if any,within 10 business days of completion. 8. Alpha Fence is not responsible for replacement,repair or reimbursement for damage done to existing pavers,bricks,concrete,asphalt,stone,marble or travertine while removing your existing fence.Alpha Fence will remove sand pavers to get a post in the ground to complete the installation and place them neatly to the side. It is the customer's responsibility to cut and reinstall the pavers after installation. Dirt,rocks and debris resulting from posthole excavation will be left on site.Dirt piles and rocks can be removed by the installation crew by customer request only at an additional charge of$10.00 per posthole.Request for this worts must be noted on the front of this contract so that it can be done v✓hile the installation crew is still on the site.This service is not available if decided upon at the end of the job. 9_ This contract anticipates that once the crew arrives at the Jobsite,Alpha Fence will be allowed to complete the entire scope of the work without any interruptions or stoppages by the customer.Any such interruptions or stoppages may result in additional trip or restaging charges that the customer agrees to pay.A false start or trip charge is normally$300 for a 2 man crew and$450 for a 3 man crew,but this does vary under certain circumstances, 10. Any customer request changes or deviations from the specifications or quantities involving extra costs would be an extra charge over and above the proposed contract that the customer agrees to pay. 11. The customer is responsible for damage,theft,loss or vandalism of any material once it is installed or delivered to the site. 12. Any cancellation request must be in writing.There are many costs incurred during the various phases of processing this order.To offset some ofthese costs,should the customer choose to,cancel,20%of the contract,in addition to any direct costs such as special material and permit services,will be charged against the customers deposit.The balance will be promptly returned to the customer,if these costs exceed the deposit amount the customer agrees to pay Alpha Fence promptly. 13. All of our permit charges are at cost and include the face value of the permit,notary fee,county recording fees,engineer drawings,and permit runner costs.Special permitting may include drainage easement,variance or community appearance board fees etc.Standard ancillary costs fun approximately$150 plus the face value of the permit.Alpha Fence does not profit from any permit fees to keep costs down.Any permit fees that Alpha Fence pays out to obtain your permit are reimbursable by the customer whether the permit is approved or not. 14. Upon providing Alpha Fence with a credit card number and expiration date,customer is requesting that Alpha Fence charge both the deposit and final balance to that credit card on the day following the last day of construction. 15. Beginning the day atter installation,the customer agrees to pay 20%per month service charge an past due balances.The customer also agrees to pay all costs and expenses of collection of any unpaid balance due under this contract,including but not limited to the costs s to lien the property;file notices etc.Invoices not paid when due void any warranties supplied with the fence.The customer agrees to pay reasonable attorney fees and a cost in the event an attorney is require to represent Alpha Fence for any reason related to this contract,through appeal.This contract shall be constructed according to the laws of the state of Florida.All materials provided will remain the property of Alpha Fence until fully paid for.Alpha Fence guaranteed unobstructed access and the customers irrevocable permission to enter the property and remove fence materials if not completely paid for when due.In such cases,the deposit is forfeited.If costs exceed the amount of the deposit amount, the customer agrees to pay the difference promptly. 16. All excess material remains the property of Alpha Fence.If Alpha Fence is contracted to remove and haul away existing fence,then that material becomes the property of Alpha Fence. 17. All now installations come with a 1 year labor warranty that starts on the last day of installation.There are no material warranties on wood products.Broken gates, fences,hinges and latches that have been impacted are not covered under any warranty,material or labor.Alpha Fence makes no warranty of merchantability or fitness of these products for any particular purpose.Alpha Fence is not responsible and customer agrees to indemnify,defend,and hold harmless Alphe Fence from any damages arising from any property damage,personal injury,death or incidental or consequential damages of any kind that may arise from the use of any of these products.This includes,but not limited to,the customer choosing an inadequate fence to perform needed purpose(s),and customer not performing the inspections or adjustments that must be made to gates from time to time to ensure proper operation and latching. 18. Customer agrees that the Issuance of payment following the substantial completion of the job constitutes acceptance of the work.Customer further agrees that any check given is good,not post-dated and immediately negotiable,and to stop payment on any check would be constituting fraud.If a check is returned for insufficient funds the customer agrees to pay a$35 service fee. 19. Payment may be available from the Construction Industries Recovery Fund if you lose money on a project performed under contract,where the loss results from specific violations of Florida law by a state licensed contractor.For information about the recovery fund and filing claim,contact the Florida Construction Industry Licensing 20. Board at the following telephone number and address:Construction Industry Licensing Board 7960 Arlington Expressway,Suite 300,Jacksonville Florida 32211-7467, Phone 904-359-8310. 21. 1 authorize the representatives of Alpha Fence to act as my agent and sign on my behalf for necessary permits,and permit related forms such as,but not limited to,easement agreements,landscape agreements,drainage permits and indemnity letters related to the work anticipated by this contract. 22. Credit card fees of 3%will be added to the cost of your fence. Page 271 of 770 CITY OF BOYNTON BEACH ENGINEERING DEPARTMENT MEMORANDUM TO: Leah Krasnoff FROM: Marc Saavedra DATE: 11/05/2018 RE: Ezell Hester Community Park - fence project quotes This is to clarify the choice of contractor for the fence project at Ezell Hester Community Park. Fence Crafters was not chosen as they did not include fence removal in their quote, and stated they would not be able to perform that task. Page 272 of 770 �v1yCE CR"rt Residential•Commercial - Chain Link•Wood•FVC I Standard&Custom Aluminum Fence Railings•Gates JOB ESTIMATE Operating Gate Systems Glass Rail Systems TEL: 561-848-6220 'FENCING DONE RIGHT" 772-621-4202 4801 Dyer Boulevard FAX: 561-848-6870 �• . {� Riviera Beach,FL 33407 Email:fcrafters@fencecraftersinc.com PHONE GATE JOB NAMELOCATION TO ' JOB DESCRIPTION �C rr n r-- 3C -� 33� _ L THIS ESTIMATE IS FOR COMPLETING THE JOB AS DESCRIBED ABOVE ESTIMATED +Pe rM 1Nef3C�Pl IT IS BASED ON OUR EVALUATION AND DOES NOT INCLUDE MATERIAL JOB COSTr PRICE INCREASES OR ADDITIONAL LABOR AND MATERIALS WHICH ESTIMATED y MAY BE REQUIRED SHOULD UNFORESEEN PROBLEMS OR ADVERSE BY ` )�I WEATHER CONDITIONS ARISE AFTER THE WORK HAS STARTED. .... �� 'i 7( 6® Page 273 of 770 CRAF?'�+, Residential•Commercial Chain Link•Wood•PVC Standard&Custom Aluminum Fence Railings Gates Operating Gate Systems JOB ESTIMATE Glass Rail Systems TEL: 561-848-6220 'FENCING DONE RIGi M' 772-621-4202 4801 Dyer Boulevard FAX: 561-848-6870 saw �- . V Riviera Beach,FL 33407 Email:fcrafters@fencecraftersinc.com PHONE? aA. DATr/0` a ; JOB NAMEIIOCATION ` TO l Oak y - 435 ...... OB DESCRIPTION e i J L 9 THIS ESTIMATE IS FOR COMPLETING THE JOB AS DESCRIBED ABOVE. EST14A, IT IS BASED ON OUR EVALUATION AND DOES NOT INCLUDE MATERIAL JOB COST � XGQ PRICE INCREASES OR ADDITIONAL LABOR AND MATERIALS WHICH BYTIMATED t MAY BE REQUIRED SHOULD UNFORESEEN PROBLEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE WORK HAS STARTED. -- - Poap POLICY NUMBER: WPP1619633 00 COMMERCIAL GENERAL LIABILITY 33-0730 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY COVERAGE EXPANSION ENDORSEMENT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM—CG 00 01 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Additional Premium $300 SECTION I—COVERAGES COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions g Aircraft,Auto Or Watercraft Paragraph(2)is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess,or contingent. j. Damage To Property Paragraph(2)is not applicable. (2)This paragraph is deleted. n. Recall Of Products,Work Or Impaired Property Replace with the following: Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to"product recall expenses"that you incur for the"covered recall"of"your product". 33-073010 13 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 6 Used with permission Page 275 of 770 This insurance does not apply to"Product Recall Expense"arising out of or resulting from: a. Any product withdrawal initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause"bodily injury'or physical damage to tangible property. (2) Copyright, patent,trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product'; or (b) "Product tampering" (4) Expiration of the designated shelf life of"your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's"executive officers", prior to the inception date of this Coverage Form or prior to the time"your product"leaves your control or possession. c. Recall of any specific products for which "bodily injury' or "property damage" is excluded under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY by endorsement. d. Recall of"your products"which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit"against you for"product withdrawal expenses". f. COVERAGE A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. We will not pay more than $100,000 annually for "product recall expenses" incurred from all "Covered Recall" events covered during this policy term. The following exclusion is added: r. Limited Professional Liability This insurance does not apply to"bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of or failure to render any"professional services" by you, but only with respect to your providing engineering,architectural or surveying services in your capacity as an engineer, architect or surveyor. Replace the following paragraph: Exclusion c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions Paragraph e.Contractual Liability is amended as follows: e. Contractual Liability This paragraph is deleted. Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., 33-0730 10 13 Used with permission Page 276 of 770 The following exclusion has been added: q. Limited Professional Liability This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of or failure to render any"professional services" by you, but only with respect to your providing engineering,architectural surveying services in your capacity as an engineer, architect or surveyor. COVERAGE C—MEDICAL PAYMENTS Paragraph 1.a. (3)(b) under SECTION I—COVERAGE C—MEDICAL PAYMENTS is replaced with the following: (b) The expenses are incurred and reported to us within two years of the date of the accident; However, expenses reported to us after two years of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights; and SUPPLEMENTARY PAYMENTS—COVERAGES A AND B Paragraph 1.b. and 1.d. under SECTION I-SUPPLEMENTARY PAYMENTS—COVERAGE A AND B is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$300 a day because of time off from work. SECTION II—WHO IS AN INSURED Paragraph 3.a. is amended as follows: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier. However, provision a. above does not apply if the newly formed or acquired organization is excluded by either a provision of the Coverage Form or by endorsement. The following is added under SECTION II—WHO IS AN INSURED: 4. Any organization over which you maintain ownership of more than 50%will be a Named Insured if there is no other similar insurance available to that organization; however a. COVERAGE A.does not apply to"bodily injury" or"property damage"that occurred before you acquired or formed the organization; and b. COVERAGE B. does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. If such organizations are not shown in the DECLARATIONS, you must report them to us within 180 days of inception date of the policy. 5. Any person or organization with whom you agreed, because of written contract or written agreement to provide insurance, but only with respect to "bodily injury' or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business,subject to the following additional exclusions: The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; 33-073010 13 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 6 Used with permission Page 277 of 770 d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container,entering into accompanying or containing such products. SECTION III —LIMITS OF INSURANCE Replace paragraph 6.With the following: 6. Subject to 5.Above,the Damage To Premises Rented To You Limit is replaced by a"Specific Perils" Limit which is the greater of: a. $300,000;or b. The amount shown in the DECLARATIONS for Damage To Premises Rented To You Limit. The "Specific Perils" limit is the most we will pay under COVERAGE A for damages because of "property damage"to any one premises,while rented to you or temporarily occupied by you with permission of the owner. However, provisions a. and b. above do not apply if any reference in the DECLARATIONS for Damage to Premises Rented to You is deleted from this policy either by the provisions of the Coverage Form or by endorsement. The following is added to SECTION III—LIMITS OF INSURANCE: 8. Product Recall Expense $100,000 is the most we will pay for all"product recall expenses"arising out of the same defect or deficiency. 9. Professional Services Subject to provisions in SECTION I — COVERAGES - COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY — 2. Exclusions r. and COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY—2. Exclusions q.the most we will pay for Professional Services is$50,000 each annual period. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS 2. Duties In The Event Of Occurrence,Offense,Claim Or Suit Replace paragraph 2.a.with the following: a. You must see to it we are notified as soon as practicable of an"occurrence"or an offense,which may result in a claim. Knowledge of an"occurrence"or an offense by your"employees"shall not, in itself, constitute knowledge to you unless any one of your partners, "executive officers", directors or insurance managers shall have actually received notice. To the extent possible, notice should include: (1) How,when and where the"occurrence"took place; (2) The names and addresses of any injured persons and witnesses; and, (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., 33-0730 10 13 Used with permission Page 278 of 770 The following is added to paragraph 2. under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or"suit", solely due to your reasonable and documented belief that the "bodily injury" or"property damage" is not covered under this policy. f. You must see to it that the following are done in the event of an actual or anticipated "covered recall"that may result in"product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of"your product"and the reason for withdrawal or recall. (2) Cease any further release, shipment, consignment or any other method or distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. 4. Other Insurance The following is added to Other Insurance and supersedes any provision to the contrary with respect to the Commercial General Liability Coverage Part only: d. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i)The additional insured is a Named Insured under such other insurance; and (ii) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 6. Representations Replace with the following: By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us;and c. We have issued this policy in reliance upon your representations. Any knowledge of an error or omission in the description of, or failure to completely describe any premises or operations intended to be covered by the Coverage Form will not invalidate or affect coverage for these premises or operations. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right to cancellation or non-renewal. SECTION V—DEFINITIONS Paragraph 3.of SECTION V—DEFINITIONS is replaced with the following: 3. "Bodily Injury"means injury, sickness or disease sustained by a person.This includes mental anguish, mental injury, shock, fright or death resulting from"bodily injury", sickness or disease. The following definitions have been added: 23. "Covered recall,"means: a. A product recall made necessary because you determine that the product recall is necessary; or b. An authorized government entity has ordered you to conduct a product recall. 24. "Product recall expense"means necessary and reasonable expenses for: a. Costs of notification; b. Costs of stationery, envelopes, production of announcements and postage or facsimiles; 33-0730 1013 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 6 Used with permission Page 279 of 770 c. Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; d. Costs of computer time; e. Costs of hiring independent contractors and other temporary employees; f. Costs of transportation, shipping or packaging g. Costs of warehouse or storage space; or h. Costs of proper disposal of"your products", or products that contain "your products", that can not be reused, not exceeding your purchase price or your cost to produce the products; 25. "Specific Peril' means fire; lightning; explosion or leakage from fire sprinkler extinguishing equipment. 26. "Professional services" means: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., 33-0730 10 13 Used with permission Page 280 of 770 Wesco Insurance Company Policy Number: FAi 800 Superior Avenue East, 21 st Floor WPP1619633 00 Cleveland, OH 44114 Named Insured: SFR of Palm Beach, Inc. COMMERCIAL COMMON POLICY DECLARATIONS FORMS AND ENDORSEMENTS SCHEDULE Covera a Form Number Edition Date Title CG 330730 10/13 COMMERCIAL GENERAL LIABILITY COVERAGE EXPANSION ENDORSEMENT (CONTRACTORS) CG CG0001 04/13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG CGO220 03/12 FLORIDA CHANGES—CANCELLATION AND NONRENEWAL CG CG0300 01/96 DEDUCTIBLE LIABILITY INSURANCE(FOR USE WITH CGL AND PRODUCTS POLICIES) CG CG2107 05/14 EXCLUSION—ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY CG CG2109 06/15 EXCLUSION-UNMANNED AIRCRAFT CG• CG2147 12/07 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG CG2149 09/99 TOTAL POLLUTION EXCLUSION ENDORSEMENT CG CG2167 12/04 FUNGI OR BACTERIA EXCLUSION CG CG2173 01/15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM CG CG2186 12/04 EXCLUSION-EXTERIOR INSULATION AND FINISH SYSTEMS CG CG2196 03/05 SILICA OR SILICA-RELATED DUST EXCLUSION CG CG2279 04/13 EXCLUSION-CONTRACTORS-PROFESSIONAL LIABILITY CM CL0700 10/06 VIRUS OR BACTERIA EXCLUSION CM CM0001 09/04 COMMERCIAL INLAND MARINE CONDITIONS CM CM990017 05/14 ARTISAN INLAND MARINE COVERAGE CG GL990108 10/14 EXCLUSION-IMPORTED(CHINESE)DRYWALL AND SIMILAR PRODUCTS IL IL0017 11/98 COMMON POLICY CONDITIONS IL IL0021 09/08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT(BROAD FORM) IL IL0255 03/16 FLORIDA CHANGES—CANCELLATION AND NONRENEWAL IL IL0935 07/02 EXCLUSION OF CERTAIN COMPUTER-RELATED LOSSES IL IL0953 01/15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM IL IL0985 01/15 DISCLOSURE PURSUANT TO TERRORISM RISK IL IL990044 01/17 ASBESTOS EXCLUSION IL IL990048 01/17 EXCLUSION-LEAD Issued Date: 3/28/2018 ILFORMSCH 0414 Page 7 of 7 Page 281 of 770 CORAL SPRING j Development Services Department Bvitding Division 9500 West Sample Rood.COf d Springs,FL 33065 �— BUILDING DIVISION -- Mon-f kms:7.30AM-SPM,k,;7:30AM.2=pm www.00rGISpdn95.0r9/building Phone:954-344-1025.Inspections:954-345-2132 FCX:954-344-5948 01954-344.5909 Contractors Please provide information via fax, mail, e-mail or at the front counter. (huildin ermits corals rin=s.or>) *COMPANY NAME ` I 1 *STREET ADDRESS: *CITY/STATE/ZIP: *BUSINESS PHONE:_ HOME PHONE: *CELLULAR PHONE:32.1 2Cf�.li1 AX NO: *E-MAIL ADDRESS: *QUALIFIER'S NAME: e% lj' -�- (LAST) (FIRST) (MI) *STATE CERTIFICATE NUMBER; *COUNTY CERTIFICATE NUMBER:_I�_ i = � � ..X - *EXPIRATION DATE: �.�4� -- -'__ 1 ..,_CLASSIFICATION:3 a ) *tWORKER'S COMPENSATION INSURANCE NUMBER:y\, =�N,,LQ•Z��-2 *EXPIRATION *GENERAL LIABILITY INSURANCE NUMBER: tf` A11 *EXPIRATION DATE: *INSURANCE COMPANY NAME `9-LM 1"� NAME& TELEPHONE NUMBER OF PERSON (S) TO BE CONTACTED IN CASE OF EMERGENCY: 1c. (LAST) _. —. ._..._ _ (FIRST) (PHONE) *Required to Register* 7:\Division Share\Devclopmen[Servires\Ruildinx�Rufiding Penns-Lohhy ncv i/zr„if Page 282 of 770 r Construction Industry Licensings Board of /• Palln Beach County (5.61)233.5525 r,o Ail sit.•,- Planning„7otin14&Building Department Contractors Certification Division 2.300 N.Jog Road.2nd Floor,Suite 2W-61 We` it Palm Beach,FL 33411 TODD MICHAEL PAROLINt 1420 NE'PTUNF,UR G BOYNTON BEACH,FL 33426 t`014rralul$ttolLs on obtaining your FENCE. CONTRACTOR Cerlifrcate and for County. With this Certificate ot. applying for certi{ication ;n Palns licach Phe Construction Indust C'atttpctency, you became or atntinuc to be one of thousands of Floriciiarrs certified by Industry Licensing Board (CiLB) or Palm Beach County. Our C onsllvr riga General, Building, and Residential to Spccialty trades unique to our Coturty. 1'ilc lallowin} is proof of C'd.DmpeteneyalongwitJl certificates range e oI yourscopcofwork. your Certificate of Edward Lynch,Chair Construction Industry Licensing Boal-,l ofPaln1'Be'aChC.ou4tty Oscar A I va I cz,bircctor t!-22081; 'FENCE CO1rrT `� `° _� Certified Cantcactpr as oullxned tn- "" �2' lam' ipecial Act Chapter 67-1876,Lau's orFlont4t as a ` S4andazds to perrornl ander the Provisions of mended and as tnandatcd by State statute. th e NAME: TODD MICHAEL PAR u t= OLIVE FIRM SUPERIOR FEN CIE,&RAII..,OF SOU7'li FLORIDA INC )IBA 1424)NEPTUNE DR #G BOYNTON BEACH,FL 33426 lssued: 10/04/21117 Expiration date: 09/30/2019 Page 1 of 2 Pant Dale 10742017 8'51 05A V Page 283 of 770 00271 05/12/28 l' n rt'f'c t ofgillstration ; DR-„ Issued Pursuant to Chapter 212, Florida Statutes R. 10/1' FLORIDA 60-8017606591-5 09/11/18 This certifies that Certificate Number Registration Effective Date SUPERIOR FENCE AND RAIL OF PALM BEA SFR OF PALM BEACH, INC. 1420 NEPTUNE DR STE G BOYNTON BEACH FL 33426-6420 has met the sales and use tax registration requirements for the business location stated above and is authorized to collect and remit tax as required by Florida law. This certificate is non-transferable. 4i This is your Sales & Use Tax Certificate of Registration. Detach and Post in a Conspicuous Place. Notify the Department immediately if you change your: Submit a new registration(online or paper) • business name; when you: • mailing address; • move your business location from one Florida • location address within the same count or County to another; y' • close or sell your business, • add another location; You can also notify the Department when you ® purchase or acquire an existing business;or temporarily suspend or resume your business change the form of ownership of your business. operations. The quickest way to notify the Department is by visiting: floridarevenue.com/taxeS/updateaCcount. Below is your Florida Annual Resale Certificate for Sales Tax. New dealers who register after mid-October are issued annual resale certificates that expire on December 31 of the following year. These certificates are valid immed_iateE��; DR-77R,R, 10/17 i 20y8 FI— _ orida Annual es_al_e Certificate for Sales Tax _ DR-13 THIS CERTIFICATE EXPIRES DN DECEMBER 31, 2018 R. 10/17 FLORIDA Businr,$s Name an _Lo-, ttlr;_n Acid s SUPERIOR FENCE AND RAIL OF PALM BEA C rtificate Number SFR OF PALM BEACH, INC. 60-8017606591-5 1420 NEPTUNE DR STE G BOYNTON BEACH FL 33426-8420 By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax,the person or business named above certifies that the taxable property or services purchased or rented will be resold or re-rented for one or more of the following purposes: • Resale as tangible personal property. Re-rental as commercial real property. Re-rental as tangible personal property. Incorporation into tangible personal propertybeing Incorporation as a material,ingredient.or • Resale of services. repaired, 9 component part or tangible personal property • Re-rental as transient rental properly, that is being produced for sale by manufacturing, Florida law provides for criminal and civil penalties for fraudulent use of a Florida Annual Resale Certificateding,or processing. Page 284 of 770 fi 115 S. AndrewBROWARD COUNTY LOCAL USI ESS T mAX RECIPT j s Ave., R .A-100 Ft. Lauderdale, FL 33301-1895 8 VALID OCTOBER 1,2018 THROUGH E H —954- 31-4000 DBA: SEPTEMBER 30,2019 Business Name:SUPERIOR FENCE FLORIDA & RAIL OF SOUTH Receipt#: -274 Business Type:1"_9 OTH R TYPES Owner Name:TODD PAROLINE ALL E3 73 (FF Business Location:1420 NEPTUNE-QUAL 'NCE COMPANY) CONTRACTOR DR STE G Business Opened:ol/13/2016 Business Phone:954-480-PALM BEACH COUNTY Stata/County1cerVReg:i s_F_1 9_98 5 _X 833, Exemption Code: Rooms Seats Employees 4 Machines Professionals NUM —_k�!Of Machines: Tax Amount - Transfer I --- Fee NSF Fee 9 Type, i -1 1 Von 2 7.0 0 __ 11-1 1 Penalty U.00 - C-00 0 s Prior Year ,C oilec"on Cost Total Paid 00 0.00 27,00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the Privilege of doing business within non-regulatory in nature. l3roward County and is You must Meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This anning Is Business Tax Receipt must be transferred when the business is sold, business name has or you business location.This it Is in compliance with receipt does not indicateChanged that have moved the Mailing Address: the business is legal or that State Or local laws and regulations. SUPERIOR PENCE & PAIL OF SOUTH FLO 2420 NEPTUNE DR STE (3 POYNTON BEACH, FL 33426 Receipt #OSA-17-000105.0 Paid 08/23/2018 27.00 2018 - 2019 Page 285 of 770 AC CERTIFICATE OF LIABILITY INSURANCE FDATEIMM/DnMwY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS b9/17/2018 CERTIFICATE DOES NOT AFFIRMATIVELY' ' NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREII AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the SWAN D,holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. It If SUBROGATION IS WAIVED,subject to the terms and conditions of the pulley,certain policies may require an endorsement. A statement an se this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER PrimeGroup Insurance Services,Inc. CON Ac Jessica Morneaul4->561-253-3248 NAME: pHowE �_ ...— — _ 5402 W.Laurel St. Ar No E I ($44)631 4901 FAx —' (813)885 4311 E _ — . fAlC No'.; Sidle 220 ADDRESS,., Imomeauit�primegroupins.com - -r Tampa w—� FL 33607 `-" .--INSURERS)AFFORDING COVERAGE -�.._.m.._..,_._.,.. ..._- .. .-...v�..- NAICN INSURED INSURERA Wesco Insurance COmp-----__________ �_.w_-....�.. ._.FIL 3 25077 ^Old Dominion Insurance Company SFR of Palm Beach,Inc.,DBA.Superior Fence$Rail of Palm Beach -INSURER e —--- --- .,. " _ 40237 INsuRER c Evanston Insurance Cam any 1420 Neptune Drive p INSURER D FHM Insurance Company - —" - Suite G .— Boynton BeachINSURER E —"— --- FL 33426 —.. COVERAGES -.. - INSURER F. -}-..M�.._ .. ..__... CERii TIFICATE NUMBER: CL1832-20154 [Al IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ggDVE FOR THE POLICY PERIOD REVISION NUMBER: CATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS TIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —....�.... TYPE OF INSURANCE —'I#FIO" __ ., _....... ........_ — —_ .' — hsDu PoucYNUMBER1{xo-F PI+7,y I COMMERCIAL GENERAL LIABILITY - � -w- __+,YnG^E'rYrl n�ta1l3T7 Ya -.. �..�...°.. _ LIMITS , ,�CLAIMS MADE ®OCCUR i! 1 U i 1l•F€t P g 1,000,000 —I$ 100 000 T WPP1619633-00 EXPIAne one oersonl $ 10 000 03116/2018 03/16/2019 �I �� L F nal9 nl,a�1 FLr i PERSONAL&,. ADVINJURY I$ 7 00,000 - ,..�.. .. 9ENERALAGGREGA7E $ 2,000,D66- „ OTHER t PRODUCTS-COMPlOP qGG�E 2 ODO 000 �AUTOMOBILE LIABILITY '"J- -""- 7 ANYAUTO f COMBINED SINGLE LIMIT 1$ _ Eaaccde t _ S 1 000,000 B OWNEDI,_J AUTOS ONLY ) SCHEDULED i BODILY INJURY(Pe Deno i HIRED NON OWNED AUTOSBtP2351G 031161201$ I - --l— J_ 03/16/2019 BODILY INJURY IPE accaeml ¢$ I•-•, _,.'AUTOS ONLY 1- PROPERTY DAMAiE w - 'i-- -®.., Per acGdenl fi S UMBRELLA UAB OCCUR C P EXCESS LIAR - E 3"-'f'•--w--•-q. CLAIMS-MAD XBS0087070 EACH OCCURRENCE 2 OOO 000 �ETEN - 03116/2018 03116/2019 W AN KERS ET�NSATIO ION$ r AGGREGATE $ 2,000,000 DED t WORKERS COMPENSATION '-- ��a..�._. »I- � AND EMPLOYERS'LIABILfrY � -� - - .m - YIN PER D IN i STATUTE _ ER^ - OFFICERMIEMBER EXCLUDED? ❑ N lA WC306-00265911-2D18A (Mandatory in NH) 03/16/2018 03/1612019 !L EACH ACCIDENT $ 500,000 It yes,describe under ��"""'''``` -_-�.. DESCRIPTIDN OF OPERATIONS bebw I _ - �E L DISEASE•EA EMPLOYEE $ 500 O00 1 ��'-- EL DISEASE-POLICY LIMrr ($ 500,000 i Add1donI RmDESCRIPTIONOFOPERATIONS!LOCATIONS1VEHICLES(A-Cbark.Schedule,may ecpd{ apacIs regwred) CERTIFICATE HOLDER _ - CANCELLATION ddd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corel Springs THE EXPIRATION DATE THEREOF,NOTICE WILL BE BE IN ACCORDANCE WITH THE POLICY PROVISIONS. 9500 West Sample AUTHOR2ED REPRESENTATIVE - _-- Coral Springs FL 33065 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD I5 ACORD CORPORATION. All rights reserved, Page 286 of 770 Additional Named Insureds 01her Named Insureds Fuice --------------- COPYRIGHT 2007,AMS SERVICES INC Page 287 of 770 ADDITIONAL COVERAGES Ref# Description HNTL 11 Coverage Code Form No. Edition Date _...._ HNTL I Limit 2 Limit 3 i Deductible Amo_t crit Deductible Type Premium ��w— — $48.00 Ref# ( Description - Coverage Code f Form No. Uninsured motorist combined single limit I Edition Date i....—.i��..—.� UMCSL Limit 1 Limit 2 _ —..__,..�.. Limit 3 Deductible Amount Deduceible T 20,000 - 0 Type � Premium - Ref# [ Description — — EPLUS coverage Cade (Form No.� f Edition Date — _. .._.. —_.— EPL US Limit 1 Limit 2 ( Limit 3 ��:.— _J J Deducbble Amount — — iDeductible Type Yp i premium $200.00 Ref# Tbescription _.__....,.— Coverage Code Form No.. Edition Date Limit 1 Limit 3 Deductible Amount Deductible Type Premium I Ref# � Description Covera a Code Form 9 0. Edition Date Limit 1 Limit 2 — —u.— .. Limit 3 Deductible Amount 1 Deductible Type premium _ ( _ ___ Ref# � Description �"— � Covera e Code � - - 9 Form No �Edition Date Umit 1 Limit 2 — — — Limit 3 — _ Deductible Amount Deductible Type— Premium Ref# j Description Coverage Code Form No _ Edition Date Limit 1 Limi4 2 Limit 3 beducbble Amount Deductible Type PrIa Ref# bescription —'— Coverage Code ' Form No Edition Date —d � . Limit 1 �— —....� �Limi4 2 —._.._ I Limit 3 Deductible Amount 1 - Deductible Type Premwm Desciie prion Coverage Code Form No. �. ' Edition Date Limit T _.. Limit 3 Limil 2 1 1 Deductible Amount Deductible T YPe Premium Ref# Description — Coverage Cade Form No. Edition Date Limit 1 it 2 _ Limit 3 — ..� T _ Deductible Amount Deducbble Type Premium Ref# Description — — overage Code Form No. Edition Date -- Limit 9 1 Limi4 2 Li mit 3 Deductible Amount Deductible Type Premium OFADTLCV _ Copyright 2001,AMS Services,Inc. Page 288 of 770 FENCE CQNTR ACTOR contractor are c fencing, including wood. pre-cast Concrete, thOse Who are, qualified to c(p1stcl, Minim Pool covets and gates re-fabricated fences child aIle". Muld w lelmll included ProOf b;lrricr (kiddies) fences for U' colnPliallce with sat�ty- zolling 211d building codeS, Flectrical in the"ll"'act FOr work,bill must b�stlbwl)lr acted 10 a CM-tified Electrical C0111"Wor.(Rev.6/1)14) U oil may be PDge 2 of 2 S S 65,ye. Page 289 of 770 Formw_9 Request for Taxpayer 10 Give Form to the (Rev' October 221a) Identification Number and Certiffication requester.Do not Department of the Treasury I I Internal revenue Se'v' 0 to w.im.goiri oirm if 'ru io an t t t inform send to the IRS. Inlemal;;eVenue Se'vice 10-Go to www.irs.gov/FormWg for instructions and the latest information. Name c me ax e o7 do t do Na e a e e rs , ,. , a, blank. I Name(as shown on y. income q n 11 leave h line SFR of Palm Beach Business nane/dsreganJsd mtm-' name, fro above -- lS�jqrior Fence&Rail,Inc. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the following seven boxes, 11 4 Exemptions(codes applyonly to CL certain entities,not individuals:See CC ❑ Individual/sole proprietor or 11G Corporation Q' S Corporation 11 El Partnership Trust/estate instructions on page 3) a; : single-Member LLC Q.0 '�-.0 ❑ Exempt payee code(If any) Limited liability company.Enter the tax classification(C=C corporation,S=S corporation P=Parinership)0. Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check 1 Z; LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is Exemption from FATCA reporling another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member L I C that code if any) is disregarded from the owner should check the appropriate box for the tax classification of Its owner. I a) ❑ Other(see instructions)1� raw u.; Pet,and apt.or suit _11111 _ & Address'inumb no.)See instructions. Requesters name and address(optional) 111429 U) I _Neptune Drive,Suite G -i-City.state',and ZIP—006a -—-----' ---— lBoynton Beach,FL 33426 List a c r—Ou rit'numbers)' h ere(optional _f . ..... Taxpayer Number(TIN) yer Identift. — Enter your TIN inthe appropriate box.The TIN provided Must match the n backup withholding.For individuals,this is generally your social security n name given on line I to avoid Scicial security number resident alien,Sale proprietor,or disregarded entity,see the instructions If umber(SSN).However,for a entities,it is your employer identification number(EIN).If you d or Part 1,later.For other TIN,later. 0 not have a number,see How to get a _m or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and L rnployer identification number Number To Give the Requester for guidelines on whose number to enter. T T 3 1 2 C 5 1 6 4 11 71 Emu— on lCal�� Under penalties of perjury,I certify that: ... 1.The number Shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 1 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest pa.d, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Par,11,later- Sign H Signature of ere I U.S.person I- Date►111� General Instructions • Form 1099-DIV(dividends,including those from stocks or--nulual Section references are to the Internal Revenue Code unless otherwise funds) noted. -Form 1099-MISC(various types of income,Prizes,awards,or gross proceeds) Future developments.For the latest information about developments Form 1099-B(stock or mutual fund sales and certa,n other related to Form W-9 and its instructions,such as legislation enacted after they were published,90 to wwW-JrS-gov1FormW9. transactions by brokers) Purpose of Form •Form 1099-5(proceeds from real estate transactions) -Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an -Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number (SSN),individual taxpayer identification number(ITIN) adoption -Form 1099-C(canceled debt) taxpayer identification number(ATIN),or employer identification number -Form 1099-A(acquisition or abandonment of secured property) (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include, (interest earned or paid)but are not limited to,the following. •Form If you do not return Form W-9 to the requester with a TIN,you might I 099-INT be subject to backup withholding.See What is backup withholding. later. Cal.No.10231X Form - Page 290 of 770 PURCHASE ORDER Y CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. ##: 190449 BOYNTON BEACOH, FLORIDA 33425-0310 DATE: 11/13/18 VENDOR 16875 SHIP TO: TO: TRANSOURCE SERVICES CORP. City of Boynton Beach 2405 W. UTOPIA 1ZD. ITS DEPARTMENT PHEONIX, AZ 85027 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 FREQUISITION NO. ORDERING DEPARTMENT: ' DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 24.00 EA SUPPORT, PREMIUM, 4HR HW, 24X7 75 .6000 1814.40 SW, CN2000, 1 MONTH VENDOR ITEM NO: - SUPCN20.0.0-PREMIMO 2 24 . 00 EA SUPPORT, PREMIUM, 4:HR HW., 24X7 645.1600 15483 .84 SW, D12X4;..: 1 :MONTH`; VENDOR IT No`s: SU:P 01,2147R12EM1M .: 3 24 . 00 EA SUPPORT, NBD- HW, 24X7 SW, CN2Q00, 53 .1000 1274.40 1: MONTH.. VENDOR ITEM N0: SUP-CN2000-NBD1MO 4 12 . 00 EA SUPPORT, NBD HW, 24 X7SW,, 1712X4, 4: 5.:.:8500 5590.20 1: NORTH V:E:NDOR ITEM NO.�;`.SUP-D1;2:X4-NBD:1 MO REMARKS D1 TR-IUM SER.VER/STORA'GE%DISASTER RECOVERY PROJECT PIGGYB.ACK: OF ,STATE :CONTRACT.#43:211500.-SCA 1'5-ACS QUOTE #30:5687 : ` .kw PROCUREMENT SERVICES: P.O. TOTAL: 24162.84 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 291 of 770 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES D PART NT 3301 Quantum ntum Blvd. Suite 101 P.O. BOX 310 P.O. : 190449 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/13/18 VENDOR 16875 SHIP TO: TO: TRANSOURCE SERVICES CORP. City of Boynton Beach 2405 W. UTOPIA RD. ITS DEPARTMENT PHEONIX, AZ 8SO27 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, EL 33420 REQUISITION NO. ORDERING DEPARTMENT: • a DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY CTOM ITEM Na. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PACE TO THE VENDOR* ------------ -------------- --------------------------- RE --- ---- -- ------------------------ RE /ACCT° DAZE Y PROJECT AMOUNT -------- -------- _.� vim - ------------------ -- 0000072512 11/07/1 1298 . 40128215364691 0000072612 11/07/1 1T S11174 , 00115105134691 .: PROCUREMENT SERVICES: TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 292 of 770 v �- V,2 OD m H H I I V \ \ aa1 I I H H z 1 W W W q E o N N o 0 0 o m P4 a zi W zz W m m N N H H m E i C4 W 1 W W a l I O I O W H H r r m In N E E cC X o X 1 m r r m r H Q Q a l O N N N I H r r N N N (N .YI 1 O z Q U Q 1 N Z 1 DI Q a a rA m rn m x H a A I I I I E 1 1 U I I W I I h 0 aw i o 0 0 0 0 0 0 a (]E 1 o as o o cr o 0 0 0 0 0 0 O 'Zi m I aM m W N m oM a U W U 1 O O O O O O O W X U 1 H m r 0 lcli0 1 O N In U) U) Vl Ln O W W I m W N m H U U1 H In H m -1 1 F W H H N a > a a w w m E F EO 1 0 0 N m W m 0 o i z H 1 0 0 0 0 H 14 Uz O 1 0 � o Ln a In m fk P U 1 io H H m 9 O ry N H P O H W n q O 1 N m M u) E 1 >+ o \ m I n ar m ID E o twj w 9 O H Ln W w En r I BC FC FC D o U w z P.C4a w w a� w W w h W ry a o asa Hz W H 0 0 0 0 I z W p �� E H m H 1 H U H m a F 1 w d' q N ca 0 H a az raj WD E� �✓ z H "J q q x ] w w x m 1 En 5 o w ° oz z QFEll r C0.7 v] m W O] m W m UH x 9 > U ".®. a ma m o x i carlV wcanWEnWwwEnwU)WWw 0) a �— U V U U U U H ?I o X z F W W W W W W W D to N zqz N rzzr�� O 7. z 1 UU z MU z Uz zVz FC zz U a 0, �""• UO.7 q0.] �O zOr7 i W zEz W zFZF2FZW a w J'-- a a— a Ha-- �W�+1rxi�wlzHwH'7�w�-1z�w�+l z�w,z�WE1 a7 I ui W w vi O RC O W KC -W KG zi 1Zi H H H IZ- H .. 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V REQUEST FOR PURCHASE OVER $109000 Date: 10/28/2018 Requesting Department: I.T.S. Contact Person: Aaron Burri Explanation for Purchase: Datrium Servers/Storage/Disaster Recovery Project Maintanence and Support. The aggreement provides hardware maintenace and support to ensure the continued reliable and efficient service of of the City's Datrium DVX equipment, which supports the City's Disaster Recovery datacenter, systems in the Fire Station #5 datacenter and Utilities datacenter, allows the City to shorten the RPO (Recovery Point Objective)from 24 hours to as few as 10 minutes and the RTO (Recovery Time Objective) from approximately 4 hours to under 5 minutes. Avoids unacceptable copse uences associated with a break in continuit Recommended Vendor Transource Services Corp Dollar Amount of Purchase 24,163 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back X Budgeted Item Emergency Purchase Other Contract Number: 43211500-WSCA-15-ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-1510-513.46-91 ITS - $11,174.22 401-2821-536.46-91 Utilities - $12,988.62 Approvals, Department Head Date It /,f 0��8 9 9 Date '' f j , Purchasing Agent <' ,� .� ; Asst City Manager Date City Manager Date y Form Revised 02/01/02 Page 295 of 770 fTransource Services Corp SALES fvf 2405 W. Utopia Road —alf Phoenix,AZ 85027 OUCITATION Amended VE, Quotation No.: 305687 Quotation Date: 10/29/18 Due Date: 11/29/18 Customer No.: C890637 Customer Ref.No.: Page No.: Page 1 of 1 BILL TO SHIP TO City of Boynton Beach City of Boynton Beach Procurement Services Dept ITS Dept 100 E Boynton Beach Blvd 100 E Boynton Beach Blvd Boynton Beach FL 33425 Boynton Beach FL 33425 Account Rep: Barb Sullivan Contact Name: Ship Via: Terms: Net 30 FOB: FOB Destination Line Item No. Description Qty Unit Price Total 1 J NVP NASPO ValuePoint MPA#MNWNC-130 1 2 NVP-FL i State of Florida PA#43211500-WSCA-I5-ACS 1 3 TSC-ITEM Support,Premium,4HR HW, 24 $75.60 $1,814.40; MFR# 24X7 SW,CN2000,1 Month j SSUPCN2000-PREM1M 1 4 TSC-ITEM Support,Premium,4HR HW, 24 ( $645.16 $15,483.84 MFR# 24X7 SW,D1 2X4,1 Month f SUP-D12X4-PREM1 M 10 U 5 TSC-ITEM Support,NBD HW,24x7 SW, 24 $53.10, $1,274.40` I MFR# CN2000,1 Month I SUP-CN2000-NBD1 MO d k I 6 i TSC-ITEM Support,NBD HW,24x7 SW, 12 $465.85` $5,590.20 MFR#SUP-D1 2X4- {D12X4,1 Month NBD1 MO !{ 7 Start 12/10/18-End 12/09/19 r SBA certified"American Small Manufacturer" Subtotal $24,162.84 Shipping Tax Total Order Value $24,162.84 Remarks: PT BlueAlly Phone: (623)879-8882 Fax: (623)879-8887 E-Mail: barbs@transource.com Website: www.transource.com x19q Page 296 of 770 O cri Iii ni r--: a w n s Ln W Q U Zd -V)- v} in N 0 O O O 01 ', fV 00 o N -t N U mv> v> v> -v)- LJ fW L c Y O o C v z 00 4 L d' • L = CZ eN-I O O v~i U o g 00 r-I N N n ^ N N O ON 2 2 3 N N d N N Q N Z Qz m� = S cu �' 0 W W p p v F- a` co en Lw E a o- Z Z -a o +: v, U 4- 00o `o N CL a a a Q u w a a a a p H Ln N N V ®i W ®j rr W N i OC Y 7 _ L.L ............. 4-� Z 7 .2 7 7 7 O $ L LLL Q two 'S O 3 oo}c @ O u v u o qp w F- VLn (Ai cn cn L- CL N cn Ln Ln (U p L Z F- Q m 2 O O 2 2 O0 o , a Z m o ' o x o x Z Z V O U a &n E N=Ln Page 297 of 770 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No:MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No.43211500-WSCA-I5-ACS This Amendment ("Amendment")effective April 1, 2017, to the Computer Equipment, Peripherals, &Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department")and Transource Service Corporation ("Contractor') are collectively referred to herein as the "Parties."All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3)year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency 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, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor Page 298 of 770 Computer Equipment,Peripherals& Services/Al ate Contract Source/State Contract... Page I of 2 Skip to Main Cqntent Department of Management Services Florida J?212@rtment of Management Services > Business ODeLations > to Purchasing > -yendo Lqfqrr_nAt1on > State Contracts and Agreements > Alternate Contract Source > Computer Equipment, Peripherals &Services << Retum Computer Equipment,, Peripherals & Services43211500-WSCA-IS-ACS Contract Details Effective Period 09/30/2015 through 03/31/2020 Contract Type Alternate Contract Source How to Use this Alternate Contract Somme Co Prpducts Cateciorles Us•ntract Information Qn== Pricing Forms and Other Information Contra c,116Documents Amendments and Memorandum Ha=Agreements ParticlRatina Addenda • Christooher McHijilen Contract Administration, (850) 922-9867 • chr1stoPher.mcmullen@dms.nwfio -A-da.corn Commodity Codes UNSPSC-43211500, UNSPSC-43211600, UNSPSC-4321190q Descripbon This alternate contract source (ACS) authorizes the use of the National Association of State Procurement Offlcials'ValuePoint Program (NASPO ValuePoint) Computer Equipment, Peripherals and Services contract, which was competitively solicited and awarded by the State of Minnesota. Benefits • This contract is available only for products not on state term contracts. • WSCA participating addendurns are entered on behalf of governmental entities In Florida for Ace,Apple, ByteSpeed, Clara,Cisco, Computer Technology Link, Dell,EMC, Firefly, Fujitsu, HP Inc., HIP Enterprise, Hitachi,Howard, IBM, Lenovo, M&A Technology, Microsoft,Microtech, NetApp,Nimble, Panasonic,Pure Storage, Samsung,Tegile,Tintri,Transource,and Xiotech. h4://www.dms.myfloricla-com/business_opemtions/state-Purcbming/vendor-informtio... 10/27/2017 Page 299 of 770 STATE OF MINNESOTA Materials Management Division 112 Administration Building ` 50 Sherburne Avenue '^►, DEPARTMENT OF ADMINISTRATION at.Paul,MN 55155 Voice:857.296.2600 Fax:-6512W-3996 MINNESOTA SCA- SPO FASTER AGREEMENT ARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER '. (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation CONTRACT NO: MNWNC-130 2405 W. Utopia Road Phoenix,Arizona 85027 CONTRACT PERIOD: April 1,2015,or upon final. .Contract Vendor Administrator: executed signatures, Curtis Wescott whichever is later Email: lsw nso .corn Phone: 623.879.8882 ext 24 Through March 31,2017 EXTENSION OPTION: UP TO 36 MONTHS i You are hereby noted that your response to our solicitation,which opened Januar )+31,2074, is accepted. The following r' documents,in order of precedence,are incorporated herein by reference and constitute the entire Contract between you and the State: 1.A Participating Entity's Participating Addendum('PA")A Participating Entity's Participating.Addendum shall not diminish,change,or impact the rights of the Lead State with regard to the Lead State's contractual reiationshiip with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement;2. Minnesota WSCA-NASPO Master Agreement;3.The Solicitation;and 4.the Contract Vendor's response to the Solicitation.These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. i IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The contractor certifies that the appropriate parson(s)have In accordance with Minn.Stat§16C.03,subd.3. ex=ted this Agreement on behaitof the Contractor as required by appllamea bylaws ,or ordinances. By: I. _ y � ey. Title: mf n irnini vmr� f� Tide: t c 1 g Da sDaft s Date: By., 3. MINNESOTA COMMISSIONER OF ADMINISTRATION P6,04faa„e Or delegated representative. I Title: By: Date: Date: �ridginol SI�r1ed FEB 2 6 2015 i By Lucas J. JOnneft 1 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I 1 Page 300 of 770 i COMPUTER EQUIPMENT i 2014-2019 DEPARTMENT OF ADMINISTRATION 1 MINNESOTA SCA- ASPQ MASTER AGREEMENT AWARD SUMMARY 1. BACKGROUND.The State of Minnesota, Department of Administration,Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program("WSCA-NASPOI resulting in a Master Agreement Award.After evaluation by a multi-state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for Computer Equipment(Desktops,Laptops,Tablets,Servers,and Storage including related Peripherals& Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master-Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are Identified below: Band 1: Desktop Band 4:Server i Band 2: laptop Band 5: Storage Band 3:Tablet The-original solicitation included Band 6:Ruggedized.This band has been removed and ruggedized equipment will be allowed in Bands.1-5.The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE:The Master Agreement contract term will begin on April 1,2015,-or upon final executed signatures,whichever is later,through March 31,2017 with the option to extend up to 36 months, upon agreement by both parties.Contract Sales may not begin until the Website,Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION.All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums(PA)at the option of Participating States.Participating States reserve the right to add State specific terms and conditions and modify the scope of the oontract in their Participating Addendum as allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS.The following configuration limits apply to the Master Agreement.Participating States may define their configuration limits in their participating addendum.The Participating State's Chief Procurement Official may increase or decrease the configuration limits,as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration.This is NOT a restriction on the purchase of multiple configurations(e.g. an entity could purchase 10 laptops @$10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum *Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. S CONTRACT NO. N94MC•130 WASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 301 of 770 i CO PUTER EQUIPMENT 2014-2019 'm DEPARTMENT OF ADMINISTRATION 3 i MINNESOTA SCA- ASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS S & CONDITIONS ASTER AGREEMENT TERMS AND CONDITIONS � j A.GENERAL TERMS, CONDITIONS& INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations,along with the final Master Agreement, if acquisition action ensues.A.statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFA must be included in the response.Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder.The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions.Any response which falls to comply with this requirement may be disqualified as nonresponsive. All general proposal terms,specifications and WSCA-NASPO Terms&Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMSIORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum('13K);b. Minnesota WSCA-NASPO Master Agreement c. The Solicitation including all Addendums;and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above.Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead'State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation,or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or In similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a.mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP.Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum.Addenda will be numbered consecutively in-the order they are issued. 4. AWARD.The award of this solicitation will be based upon the total accumulated points as established in the RFP,for separate items,by grouping items,or by total lot, and where at its sole discretion the Lead State believes it will receive the best value.The dead State reserves the right to award this solicitation to a single responder,or to multiple responders,whichever is in the bestinterest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer,to reject all offers,to cancel the solicitation, or to re- issue the solicitation,whichever is in the best interest of the.Lead State. The Sourcing Team will make a recommendation on the award Of this RFP.The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. i b. CLARIFICATION. If a responder discovers any significant ambiguity,error,conflict, discrepancy, omission,or other deficiency in the RFP,the responder shall immediately notify the Acquisition Management Specialist in writing,as i 8 CONTRACT NO. MNWNC•130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE.CORPORATION Page 302 of 770 12. IRREVOCABLE .OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof,-the undersigned agrees that its response to this RFP, or any part thereof,is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It Is understood and agreed that the response, or any partthereof,when accepted by the appropriate department-and State Officials in writing, may become part of a legal and binding Master Agreement between the-undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION.A responder shall be presumed to be in agreement with these terms and conditions unless if takes specific exception to one or more of the conditions.Submission by the responder of its proposed language'shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended:to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS,ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions , andlor specifications that: a. gives the responder taking the exception a competitive advantage over other vendors;or, b. gives the Lead State something significantly different from that.which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES.If one party is required to give notice to the other under the Master Agreement,such notice shall be in writing and shall be effective upon receipt.Delivery may be by certified United States mail or by hand, in which case a signed receipt.shall be obtained.A facsimile transmission shall constitute sufficient notice,provided the receipt of the I. transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes.All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St.Paul, MN 55155 651-296-2600 s i i I I I i 7 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I i Page 303 of 770 or would.by its nature be deemed confidential obtained by Contract Vendor-or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to(a)any Participating Entity records; (b)personnel records,and (c)information concerning individuals, is confidential information of Participating Entity (°Confidential Information"). Any reports or other documents or items(including software)that result from the use of the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that(a) is or becomes(other than by disclosure by Contract Vendor)publicly known; (b) is furnished by Participating Entity to others without-restrictions similar to those imposed by this Master Agreement; (c)is rightfully in Contract Vendor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d)is obtained from a source other then Participating Entity without the obligation of confidentiality,(e)is disclosed with the written consent.of Participating Entity or;(f) is independently developed by employees,agents or subcontractor of Contract Vendor who-can be shown to have had no access to the Confidential Information 7.2 Non-Disclosure. Contract Vendor shall hold Confidential Information in confidence,using at least the industry standard of confidentiality,and not to copy,reproduce, sell,assign, license, market,transfer or otherwise dispose of, give,or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever otherthan the performance of this Master Agreement to'Participating Entity hereunder,and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use commercially reasonable efforts to aesist'Participating Entity.in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, ContractVendor shall advise Participating Entity immediately if Contract Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contract Vendor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating Entity Contract Vendor will not at anytime during or after the term of this Master Agreement disclose, directly or . indirectly,any Confidential Information to any person,except in accordance with this Master Agreement,and that upon termination of this Master Agreement or at Participating Entity's request,Contract Vendor shall tum over to Participating Entity all documents, papers, and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing, Contract Vendor May keep one copy of such Confidential Information necessary for quality assurance,audits and evidence of the performance of this Master Agreement. 7.3 Injunctive Relief. Contract Vendor-acknowledges that breach of this Section, including disclosure of any Confidential Information,will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 7.4 Particinatina Entity is agreeing to the above language to the extent is not in oonflict with Participating.Entities public disclosure laws. 6. DEBARMENT.The Contract Vendor certifies that neither it nor its principals are presently debarred,suspended, proposed for debarment,declared ineligible,or voluntary excluded from participation in this transaction(Master j Agreement)by any govemmental department or agency. If the Contract Vendor cannot certify this statement,attach a written explanation for review by WSCA-NASPO. In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding,to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity,the Contractor's quote represents a recertification consistent with the terms of paragraph 8,Section 2D,Minnesota Terms and Conditions 9. DEFAULTS&REMEDIES. a. The occurrence of any of the fallowing events shall be an event of default under this-Master Agreement: i. Nonperformance of contractual requirements;or ii. A material breach of any term or condition of this Master Agreement;or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement II proves to be untrue or materially misleading;or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law,by or against Contract Vendor,or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, lead State shall issue a written notice of default,identifying the i nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an e CONTRACT NO. MNWNC-13D MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 304 of 770 i j Coverage shall be written on an occurrence basis.The minimum acceptable limits shall be as indicated below,With no deductible for-each of the4ollowing categories: a. Commercial General Liability covering the risks of bodily injury(including death), property damage and personal injury, including coverage for contractual liability,with a limit of not less than$1 million per occurrencet$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty(30)calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity'a written endorsement to the Contract Vendor's general liability insurance policy that(i) names the Participating Entity as an additional insured, (ii)provides that no material alteration,cancellation, non-renewal, or expiration of the coverage contained-in such j policy shall have effect unless the named Participating Entity has been given at least thirty(30),days prior written notice,and(iii)provides that the Contract Vendor's liability-insurance.policy shall be primary,with-any liability insurance of the Participating Entity.as secondary and nonoontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty(30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of-all required insurance shall be furnished within thirty(30)days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may,at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies,services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED-SEE SECTION 21330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN-IMMUNITY. The Lead State,Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into thisContract and fully retains all immunities and defenses provided by law With regard to any action based on this Contract. If a claim must be brought in a federal forum,then it must be brought and adjudicated solely and. exclusively within the United.States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping-labels(if possible),packing slips, invoices,and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCAINASPO cooperative purchasing program for state government departments, institutions,agencies and political subdivisions(e.g., colleges, school districts, counties,cities,etc.,)for all 50 states and the District of Columbia. Obligations underthis Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no-financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation,the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities(including cooperatives)authorized by individual state's statutes to use state contracts are subjectto the approval of the respective State Chief Procurement Official. Issues of interpretation and i eligibility for participation are solely within the authority of the respective State Chief Procurement Official 24. PAYMENT.Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received,whichever is later. After 11 CONTRACT NO. MNWNC-130 MASTERAGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 305 of 770 I d. Timely submission of these reports is a material requirement of the Master Agreement.The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free,transferable right to display, modify,copy, and otherwise use reports,data and information provided under this section. j 28. ,ACCEPTANCE AND ACCEPTANCE TESTING. a. Accelitance. Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement)shall determine whether all Products and Services delivered meet the Contractor's published specifications(a.k.a."Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services.The Purchasing EnUdy will make every effort to notify the Contractor within thirty(30)calendar days following delivery of non-acoeptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service,the Product and Services will be deemed accepted on the 319' day after delivery of Product or completion of Services.This clause shall not be applicable,if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. b. Acceptance Testing.The Purchasing Entity(the entity authorized under the terms of any Participating- Addendum-to articipatingAddendum to place orders under this Master Agreement)and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase.The terms in regards to acceptance testing will be negotiated, in writing,as mutually agreed. If Acceptance Testing is NOT.applicable,the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product,the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity..The Contract Vendor shall be responsible under this provision to the extent a'system' is defined at the time of the Order;otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. OWNERSHIP. a. Ownership of Documents/Copyright.Any reports,studies, photographs, negatives,databases,computer programs,or other documents,whether in tangible or electronic forms,prepared by the.Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the . exclusiveproperty of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion,termination or cancellation of the Master Agreement.The Contract.Vendor shall not use,willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. I b. Rights,Title and Interest.All rights,title, and interest in all of the intellectual property rights,including copyrights, patents,trade secrets,trade marks,and service marks in the said documents that the Contract Vendor conceives or od inates,_either individually or jointly with others,which arises out.ofthe performance of the Master Agreement;will be:the property of the Purchasing Entity and are,by the Master Agreement,assigned:to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material.The Contract Vendor also agrees, upon the.request of the Purchasing Entity,to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials.Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered"works for hire"as defined in the U.S.Copyright Act. c. Notwithstanding the above,the Purchasing Entity will not own any of the Contract Vendor's pre-existing j intellectual property that was.created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create.The Contract Vendor grants the Purchasing Entity a perpetual,irrevocable,non- exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials,equipment or services that are purchased through this Master Agreement. 31. W61VER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity,or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or.Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity,or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum,or breach of any terms or requirements shall I 13 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 306 of 770 9 < . i MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT.The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations,along with the final Master Agreement,if acquisition action f ensues.The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms"and f conditions. i 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1,2010,which-entails, in part,the Web Content Accessibility Guidelines(WCAG)2.0(Level AA)and Section 508 Subparts A-D which can be viewed at http://www.mmd.admin.state.mn.us/rAf�/a-ccenibility,standard. _f Responders must complete the WCAG VPAT form included in the FORMS section of the RFP.The Completed VPAT form will be scored based on Its compliance with the Accessibility Standards.The requested WCAG VPAT applies to the responder's website to be offered under the Contract,For products offered,VPATS are only to be provided upon request by.the participating entity. Upon request by the participating entity,the responder must make best efforts to provide Voluntary Product Accessibility Templates(VPATS)for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.goy/ost(bolicies-and-standards/accessibiliw/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of 1 changes in the Contract Vendor's key administrative personnel, in advance and in writing.Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable,shall be removed from the project upon written notice to the'Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist,the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.. 4. AMENDMENT(S).Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions,casts,timetable,or increased or decreased scope of worts.An approved Master.Agreement amendment means one approved by the authorized signatories of the Contract Vendor and thelead State as required by law. 5. AMERICANS WITH DISABILITIES ACT(ADA). DELETED. 6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master-Agreement or-any portion thereof,the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract Vendor shall include a provision.requiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof,the current Contract Vendor shall cooperate fully during the transition with all j other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION l a. Certification regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. j Instructions for certification: 1. By signing and submitting this proposal,the prospective lower tier participant[responder]is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If R is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. i 15 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 307 of 770 III I I established Contract Vendor in order to meet the.Lead State's requirements.Evidence of the need to add products or services should be demonstrated to the Lead State.The Master Agreement shall be modified via supplement or amendment.The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS.Contract Vendor must provide information to.the.public on its website regarding the use of conflict.minerals,as required by Section 13(p)of the Securities Exchange Act of 1934,as amended,and the-rules i promulgated thereunder. See: htto://www.sec.oov/rules/final/2012/34-67716. df. 11:COPYRIGHTED MATERIAL WAIVER,The Lead State reserves the right to use,reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond.to request for information pursuant to Minnesota Government Data Practices Act, ,including-but not limited to emailinS, . photocopying, State IntraneVintemet postings,broadcast faxing,and-direct mailing. In the eventthat the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information,regardless of whether the responder is the manufacturer or reseller of the products listed in the materials.By signing its response,the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by-the Lead State in the defense of any such:action. 12. EFFECTIVE DATE.Pursuant to Minnesota law,the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request,the Contract Vendor is po ,q required to provide information regarding the location of where services,data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat.Ch. 13,.(and where applicable, if the Lead State contracting party-is part of the judicial branch,with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time)as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition,the Minnesota Govemment Data Practices-Act applies to all data created,collected, received,stored,used,maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that'is private,nonpublic, protected i nonpublic,or confidential as defined by the Minnesota Government Data Practices Act,Ch. 13(and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). i In the event the Contract Vendor receives a request to release the data referred to in this article,the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn.Stat.§13.08, apply to the release of the data by either the Contract Vendor or the Lead State. I The Contract Vendor agrees to indemnify,save,and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of,resulting from,or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act(and where applicable,the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to-enforce this provision of the Master ' Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the t Master-Agreement,the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES.To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations,the Contract Vendor must provide Material Safety.Data Sheets regarding those substances.A copy must be included with each delivery. i 16. HUMAN RIGHTS/AFFIRMATIVE ACTION.The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat.§363A.36 and Minn. R.5000.3400 to 500o.3600. i s a. Covered contracts and Contract Vendors.One-time acquisitions,or a contract for a predetermined amount of goods and/or services,where the amount of your response is in excess of$100,000 requires completion-of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of.goods and/or services, and the State estimated total value of the contract exceeds$100,000 whether it will be a multiple i 17 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I i Page 308 of 770 i by the commissioner, refusal by the commissioner to approve subsequent plans,and termination of all or part of the Contract by the commissioner or the State. f. Certification.The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn.Stat. §363A.36,subd. 1 and Minn.R.5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat.363.36 and Minn.R.5000.3400 to 5000.3600 are incorporated into i any contract between these parties based upon this specification or any modification of it. A copy of Minn.Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. i 17. INDEMNIFICATION The-Contract Vendor shall indemnify,protect,save and hold harmless the Lead State and the Participating Entity, its representatives and employees,from any and.all claims-or causes of action, including all legal fees incurred by the Lead State and the.Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents,employees,or subcontractors.This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations s pursuant to the Master Agreement, I If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will i seek such approval and if approval is not received,Contract Vendor is not required to defend that Participating Entity. IB. INTELLECTUAL PROPERTY INDEMNIFICATION.The Contract Vendor warrants that.any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance.of this Master Agreement will not infringe upon or violate any patent,copyright,trade secret,or any other proprietary right ofany third party:In the event of any such claim by any third party against the Participating Entity,the Participating Entity, shall promptly notify the Contract Vendor.The Contract Vendor,at its own expense,shall indemnify; defend to the extent permitted by the Participating Entity's laws,and hold.harmless the Participating Entity against any loss,cost, expense,or liability(including legal fees)arising out of such a claim,whether or not such claim is successful against the Participating Entity. If such a claim has occurred,or in the Contract Vendor's opinion is likely to occur,the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified , materials or products. If an option satisfactory to the Participating Entity is not reasonably available,the Participating Entity shall return the materials or products to the Contract Vendor,upon written request of the Contract Vendor and at the Contract Vendors expense.This remedy is in addition to any other remedy provided by law 19. JURISDICTION AND VENUE.This RFP and any ensuing Master Agreement,its amendments and supplements thereto;shall be-govemed-by the laws of the State of Minnesota, USA.Venue for all legal proceedings arising out of the Master Agreement, or breach thereof,shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal,a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP,any ensuing Master Agreement,or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services,articles or equipment offered and furnished must comply fully With all local, State and federal laws and regulations, including Minn. Stat.§ 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145,the Contract Vendor shall comply with the following nonvisual technology access standards: a. That the effective interactive control and use of the technology,including the operating system applications j programs, prompts,and format of the data presented,are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by.other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees,program participants,and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. 19 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I i Page 309 of 770 i -the RFP.Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. .To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder"Vendor information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference,refer to the Materials Management Division's web site under"Vendor Information,Targeted Groups Eligible for Preference in State Purchasing"or call the Division's HelpLine at 651.296:2600. Reciprocal Preference. In accordance with Minn.Stat.§16C.06,subd 7,the acquisition of goods or services shall.be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state,.the preference shall be equal to the preference given or required by the.state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response. Veteran.In accordance with Minn. Stat.§ 16C.16,subd.6a, (a) Except when mandated by the federal government as a condition of receiving federal funds,the commissioner shall award up to a sbc percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service,at any time on or after September 11, 2001,and who have been discharged under honorable conditions from active service;-as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities,as determined at any by the United States Department of Veterans Affairs;or (3) any other veteran-owned small businesses certified under section 16C.19;paragraph(d). k In accordance with Minn. Stat. §16C.19(d), a veteran-owned small business,the principal piece of business of ' .which is in Minnesota, is certified if It.has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business,in accordance { with Public Law 109-461 and Code of Federal Regulations,title 38,part 74. i To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to.the first$500,000 of the response. If responder is claiming the veteran-owned preference,attach documentation,sign and return form with responseto the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION.Once the information contained in the responses is deemed public information, interested. parties may:request to obtain the public.information.You may call 651.201.2413 between the hours of 5:00 a.m.to 4:30 p.m:to arrange this. i 28. PUBLICITY. Any publicity given to the program,publications or services provided resulting from a State contract for goods or services,including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor,or its employees individually or jointly with others,or any subcontractors, shall identify the State as the sponsoring:agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of.the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, l including but not limited to advertisements, notices, press releases, reports, signs,and similar public notices. 29. PURCHASE ORDERS.The State requires that there will be no minimum order requirements or charges to process an individual purchase order.The Master Agreement number and the PO number must appear on all documents (e.g.,invoices,packing slips,etc.).The Ordering Entity's purchase order constitutes a binding contract i i 30. RIGHTS RESERVED.Notwithstanding anything to the contrary,the State reserves the right to: a. reject any and all responses received;. b. select,for Master Agreements or for negotiations,a response other than that with the lowest cos#; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more then one responder, e. request a BEST and FINAL OFFER,if the State deems it necessary and desirable;and 21 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION ! Page 310 of 770 I i COMPUTER EQUIPMENT f 2014-2019 DEPARTMENr Of ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S)AWARDED.: Band 1:Desktop Band 2:Laptop Band 3:Tablet Band 4: Serer Band 5:Storage. 2. PRICE STRUCTURE.-The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band:The category discounts maybe higher or lower than the'than the band discount.The minimum discount and categorized exceptions will be applied to all"quantity one"procurements.An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. j 3. PRICE GUARANTEE.These-discounts must remain firm,or the discount may be increased,during the term of the Master Agreement. I } 4. BASELINE PRICE LIST.The Base Line Price is designated in the Pricing Discount Schedule.The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website:Alfhistoric versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE(PSS).The Product and Service Schedule(PSS)identifies a complete listing of all products and services included in the awarded Master Agreement.The PSS serves as the Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales.The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated lease line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE.PSS: Contract Vendor will request changes to the PSS utilizing an.Action Request Form(ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS.Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales.The Contract Vendors will be responsible to market these offers. S. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP)Program will commit to the.standard.configurations.The standards currently are refreshed every six months (May and November) Refresh schedule is subject to change. See current configurations: htW:/Ayww.wnpsp.com/index.htmI. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade-In Programs are the option of the Participating Entity:The Participating Addendum by each State may address the allowance of Trade-Ins. i I 11. SERVICES.Services are at the option of the Participating Entity.The Participating Addendum by each State may ! address service agreement terms and related travel. 23 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE.SERVICE CORPORATION Page 311 of 770 1 I I I MR COMPUTER EQUIPMENT in 1688tu 20'14-2019 DEPARTMENT OF ADMINISTRATION MINNI ESOT SCA- SPO MASTER AGREEMENT AWARD f EXHIBIT B - PRICING SCHEDULE ® ® r. r • r LINK-htt :1/Www tran co c stome sePrl Sheet • I CAT�GC7F�Y CCBP'f1oduct Promotions 1% IMPORTANT: The minimum discount is provided,refer to Contract Vendor's Website for any additional discounts and request a quote for bulktvolume discounts.All pries shall be FOB Destination,prepaid avid allowed(with freight included in the price). If there i a ecial case where inside deiive -f must be'ch the Contract Vendor will notif the cutorner in advance. .® . ® . .r•• .®r wa I I i rv1 sal � tk a wpl oto of rtici `n1 . "44 .P4,4" d'' durhs Icy each to rriay d cess � merit,.. den remt `:gnd rlet travelf StSlt may 11agQfiate additional services yTe fnajvr icy df rinanufactilrer' her�lwai JnG(ydar9 a fhr+e ` eaT'•warrant .- usfcmer rn2ty p ichase nra l ty u..:rad601: r cerfiain°l a ras; offer tl;f r tar card+ war'iii`'; nfordnattori' r n urr�e. au of ulIfAa . Accidental Damage—Complete Care:$150 Breekffix non warranty:$75/hour. Desktop Installation:(options:copper,sterling and turquoise—see website for details) Copper=$25 Sterling Silver--$40 Turqu6ise=$75 Training$66/hour IAI LIlD D 5`jtear;warranty,'image 1. ding,;i age,consultlrig,asse#lslgging4 consulting,st6-0. deplotrrheiit(p duct7s neediit •stl in .. [nor to.de to ent.:will:be sti�Contractyendtar flw�ljlotlseatio addrtiondlrizt IN ® - Is Contract Vendor does not offer leasing. • • - -. - - a. Per Transaction Multiple Unit: Over$250,000=up to 1.5%additional on Transource systems from Baseline Pricing or.5%on peripherals Over$500,000=up to 2%additional on Transource systems from Baseline Pricing or.75%on peripherals Over$1 million-u2 to 3%additional on Transource systems from Baseline Pricing or 10/6on eri heral i b. Cumulative Discounts are based on Total Master Agreement Sales: Over$20 million—Additional.5%from Baseline Pricing Over$50 million—Additional 1%from Baseline Pricing Over$100 million—Additional 1.5%from Baseline Pricin i c. Annual Volume Discounts: Over$2 million—Additional.5%from Baseline Pricing Over$5 million—Additional 1%from Baseline Pricing Over$10 million—Additional 1:5%from Baseline Pricing 25 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I I i i i I Page 312 of 770 i e COMPUTER EQUIPMENT .�� 2014-2019 PEPARTMENT Of AbUINISTRATIOI i i MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D -WEBSITE 1. IMPLEMENTATION.Within 30 calendar days of Master Agreement award,the Contract Vendor must provide a sample URL of'the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect,the Contract Vendor will have 16 calendar days to provide revisions to the Lead State. Once the website is approved,the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form.The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure_ websites.are.updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT: The website must be separate from the Contract Vendor's commercially available(i.e.,public) 6n-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below.The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a) Baseline Price List and historic versions b) Approved Product and Service Schedule(PSS) ! c) Product specifications,pricing,and configuration aids for the major product categories proposed that can be used I to obtain an on-line quote d) Thins Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e) Link to the WSCA-NASPO EmarketCenter f) Online ordering capability with the ability to remember multiple ship to locations if applicable to product g) Contact information for order placement,service concerns(warranty and maintenance),problem reporting, and billing concerns h) Sales representatives for participating entities i) Purchase order tracking j) Available Twenty-four(24) hours per day, seven(7)days per week availability,except for regularly scheduled maintenance k) Additional Terms may not be posted on the Website without written approval of the Lead State 1) Link to the WSCA-NASPO EmarketCenter if a State is participating m) Information on accessibility-and accessible products n) If participating in Premium Savings Package Program,lead with these products and display prominently on the website o). Links to environmental certification, including but not limited to take-back/recycling programs, p) Information regarding the use of Conflict minerals,as required by Section 13(p)of the Securities Exchange Act of 1934,as amended,and the rules promulgated thereunder. See: hitt)://www.sec.aov/rules/FinaU20.12/34-67716.odf. q) Service,options, service agreements for negotiations when allowed by a participating addendum r) EPEAt Energy Star,etc. s) Link to Signed Participating Addendums t) Link to Signed Master Agreement u) Link to solicitation and Response. 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites,on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-130 MASTEKAOREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 313 of 770 I COMPUTER EQUIPMENT ...+ 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD. EXHIBIT E - ACTION REQUEST FOR (ARF) ACTION REQUEST FORM LOG Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): DATE: DATE DATE SUBMITTED ACTION REQUESTED: APPROVED f i 1 f{ i i i r i { I I I i i N I I I I I 29 CONTRACT NO. MNWNC430 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION 1 I f i Page 314 of 770 I I f lift COMPUTER EQUIPMENT 2014-2019 � DEPARTMENT OF ADMINISTRAilON'MINNII 4 ESOT SCA- SPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer,but enhances the user experlence i.e., mouse pad, monitor stand.For the purposes of this proposal, accessories are considered peripherals. Bands: for the purpose of this solicitation,there are six product bands which may be awarded.Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product.responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for-regular use at a single location.A desktop computer typically comes in several units connected together during installation: 1)the processor,2)display monitor and .3) input devices usually a keyboard and a mouse.All operating systems for tablets are allowed.Zero Clients,Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP.,A laptop computer is a personal computer for mobile'use.A laptop includes a display,keyboard, point device such as a touchpad and speakers into a single unit.A laptop can be used away from an outlet using a rechargeable battery.All operating systems for tablets are allowed. Laptops will include notebooks,ultrabook,mobile thin clients,chromebooks and netbooks.Computers with mobile operating systems will also be included under laptops . . Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscneen which acts as the primary means of control.All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule forthis band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the.users of other computers on a network.This band also includes server appliances.Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems.Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND.5: STORAGE. Storage is hardware With the ability to store large amounts of data.This.band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. AND 6 REMOVED.RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5,PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services.. Delivery of Computing.as a service rather than a product,whereby shared resources,software and information are provided to computers and other devices as a utility over a network, such.as the.lntemet..(Cloud Services. including acquisitions structured as managed on-site services are not-allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement.The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RI=P,the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract.Participating States will have final determination/approval N a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation.A desktop computer is a personal computer intended for regular use at a single location.A desktop computer typically comes in several units connected together during installation: 1)the processor, 31 CONTRACT NO. MNwNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 315 of 770 i maintenance for all peripherals on the Master Agreement. Examples of peripheralsfaccessorissfoptlons: Include but are not limited to:printers,monitors,,multifunction printers,audiovisual equipment, instructional equipment,cabling, modems, networking to support server,storage and client applications such as routers, switches.Software is an-option which must be related to the purchase of equipment and subject to configuration limits.Third party products are- allowed to be offered as perlpheralslaccessonesloptions and may be-offered In any related band. Per Transaction Multiple Unit Discount.A contractual volume discount based on dollars in a single.puichase order or combination of purchase orders submitted at onetime by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using-the Master Agreement.This specification includes a commitment to maintain and upgrade(keep pace with the advance of technology)the standardconfigurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See httra:/lwww.wn sp.co ndex.htmi. Purchasing Entity'—means a state, city,county,district,other political subdivision of a State,and a nonprofit. organization under the laws of some states if authorized by a Participating Addendum,that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions,such as strong vibrations,extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation,maintenance,support, training,migration,and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation,factory integration (software or equipment components), asset management,recycling/disposal,training and certification,pre-implementation design,disaster recovery planning and support,service desk/helpdesk,and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer,but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of-this solicitation.A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network:This band also includes server appliances.Server appliances have their hardware and software preconfigured by the manufacturer. It alsD includes i embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be -included:in the Product and Service Schedule for this band. Storage, This is Band 5 of this solicitation.Storage is,hardware with the ability to store large amounts of data.This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network(SAN)is a high-speed special-purpose network(or subnetwork)that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service(STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the-provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud:services.. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode,firmware and operating system software that are-preloaded on equipment.The term "Software"applies to all parts of software and documentation, including new releases, updates,and modifications of software. Tablet. This is Band 3 of this solicitation.A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control.Tablet band may include notebooks,ultrabooks,and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN..A data network that serves users across a broad geographic area.and often uses transmission devicesprovided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program,facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC,a 501(c)(3)limited liability company that is a subsidiary organization of the National Association of State Procurement Officials(NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions,agencies,and political subdivisions and other eligible entities(i.e.,colleges,school districts,counties,cities,some nonprofit organizations,etc.)for all states and the District of Columbia.The WSCA NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. i 33 CONTRACT N0. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION t i Page 316 of 770 CERTIFICATE OF LIABILITY INSURANCE - 02/09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA71ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder M an ADDITIONAL iNSUI EO the policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorseme s �C�p PRWUCMWi3-Ua of Arizona, Ina. c/o 26 Century Blvd PHONE � 7�FAX P,O..Bax 305191 - 7-2 378 _ (JNoF.1 008-467- _ _ 378 Nashville, TN 372305191 OSA F53'aartifioat�aaxillis,aam WSURERSC IAFFORDIN6COVERAGE NAIL! " INSUIUIRA, tlantia a sciala v Inner--- c_ ., •„ 27164 Trartsonres Service Co rporation INBl1RER B DBA: TransourceComputers _..®.......... ......._,. .. .. _..... INSURER C 2605 U Utopia Rd ... .._ ....... m Phoenix, AZ a5027 INSURER D -M—SURER E 9 RF: COVERAGES CERTIFICATE NUFABER.N767791 REVISION NUMBER: j THIS IS TO CERTIFY THAT THE POLICIES QF INSURANCE USTE[?BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T=EE INDICATED• NOTVWTHSTANDING ANY RECIUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITIi RESPE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T E%CWSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1 L TYPE OF_ __ .... ... A CT NIJ1alE -- EXP _X COMMERCIAL eENERAI.Ljga1L17Y LSCY EFF .. LIMIT NCE UR OCCURRENCE T $ 1,000,000 CLAIMS-MADE A y 711013751-0002 04 13/2014 M�—ED P,k�r; o1�B�Qrsw�� $,- 10,000 1 / 'D4/01/201ST eERSO�t.&ADV INJURY s 1,DOO,aoO 1 GEN'LAGGREGATELIMIT APPLIESPER: I GENERALAGGRE(iATE $ 2,000,000 — ppRRpp. x ❑JECT LCC i LO 2,000 ODO OTHER: O LE LIMIT $ Th70BILE UU3W7Y _ PRODUCTS-COMP/OP AGG AUO ANY AUTO BODILY INJURY $ —_ AtiITOS ED ASCUULED BODILY INJURY(Perperspl) $ ., m_ HIRED AUTOS NON-OWNED (Peracddsld) $ AUTOS �PER1Y MAGE $ f i U6Bgfi1A LJABOCCUR $ EACH OCCURRENCE {$ a EXCESS LIAREACH NS ;---- a j CLAIMS GREGATE IAADE AGg WORIOERS CONPENUTWN $ I A AND EhPL011ERa'LIABILITY YIN X TSE -OMT- BER EXCLUDED? �111 A E.L.EACH ACCIDENT ANY PROPRIETORIPARTNOMMOU IvE g 3,000,000 (OR U b kNH) 406-D4-1S-06-0000 04/01/201404/01/2015 If describe under f E.L.DISEASE-EA EMPLOYE ; I,Doo,000 --S IPrt *�QF PETI S below_ ..... ., , F-L DISEASE-POLICY LIMIT $ 21000,000 t °I I DESCRIPTION OP OPERATIONS 1 LOCATION51 VEHICLES(ACORD 101,Additk mel Remarks 800duls,ROY be ateaelrod R MOM Space Is requlmdi Ae: RrF Computer Xgaipment: (Desktops, Laptops, Tableta, Servers, Storage, Ruggedized Devices including related Peripherals G services) ' State of Minnesota is included as an Additional Insured as respects to General Liability. I General Liability policy shall be PriaarY and Ron-oentvibutcry With any other insurance in £orae for or which may be purchased by Additional Insured. CERTIFICATE HOLDER _ - --- CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. State of Minnesota Materials Nanagement Division AUTHORED R2PRESRRNTATNE , 112 Admiaiatration Bnildinq 50 Sharbarss Avenue E. Pani, ]� 55155 ®1988-2014 ACORD CORPORATION. All rights reserved. j ACORD 25(2014107) The ACORD name and logo are registered marks of ACORD SR =s 11417914 Bl1Tr:A:Batch #s 114198 Page 317 of 770 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distdbution or sale of the products. (9) Any vendor, person or organization if the "products-completed operations hazard"is excluded either by the provisions of the Coverage Form or by endorsement. b. This Insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient,part or container,entering into,accompanying or containing such products. 2 ADDITIONAL INSURED—CONTRA ; ' AL Section II—Who Is An Insured is amended to include 11rs an additional Insured any person(s) or organi- zatlon(s)with whom you agreed In a written contract,written agreement or permit to provide Imuranoe such as is atlorded under this Coverage Part,but only with rasped to liability for"badly Injury","property damage" or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. i 1. In the performance of"your work"for the additional inwred(s)at the focation designated in the contract, agreement or permit;or 2. In the maintenance,operation OF use of equipment leased to you by such person(s)or organhMon(s).or 3. In connection with premises you own,rent,lease or occupy. i This insurance applies on a primary or primary and non-contributory basis if that is irequired In wilting by the contract,agreement or permit b. The insurance provided to the additional Insured herein Is limited.This insurance does not appy: 1. Unless (a) the written contract,agreement or permit is currently in effect or becomes effective dudrrg the term of this policy;and (b) the contract or agreement was executed or permit Issued prior to the "bodily injlall", "property damage",or"personal and advertising injury"; i 2. To any person or organization Included as an Insured under the Additional Insured - Broad Form i Vendors provision of this endorsernent 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; � 4. .To arty person or organlzeffon if the "bodily Injury", "property damage", or 'personal and advertising injury"arlses out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you Including: i (a) The preparing, approving, or failing to prepare or approve, maps,shop drawings,opinions,reports, surveys,field orders,change ordais or drawfrts and specifications;or (b) Supervisory,Inspection,architectural or engineering activities. 9. To any: (a) Lessor of equipment after the equipment lease terminates or expires;or (b) Owners or other Interests from whom land has been leased;or (c) Managers or lesson;of premises if: (1) The"oocurrence"takes place after you cease to be a tenant in that premises;or (2) The`bodily Injury", property damage", "personal and advertising injury'arises out of structural alterations.new construction or demolition operations performed by or on behalf of the manager or lassor. S. To'bodily injury,or"property damage"occurring after: (a) All work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional Insured at the site of the covered operations has been completed;or (b) That portion of"your work"out of which the injury or damage arises has been{mut to its Intended use by any person or organization other then another contractor or subcontractor engaged in perfomrirg operations for a principal as part of the some project. Pegs 2 at 7 rrxrwde5 copyrlphted material of irwurancs 5elvtoes t>Iflcs,Inc. Vt7ci$Q7 07 poi C0pyrWd2009,III 11 IIIHI111111III!I!III111111111!1Ill Ill 1111111 Page 318 of 770 ' b. Under Section V—Definitions,the following definition Is added: "Customers'floods"means goods of your customer on your premises for the purpose of being: 1. Repaired;or 2. Used in your manufacturing process. c. The insurance afforded by this provision Is excess over any other void and collectible property insurance {including any deductible)available to the Insured whether such Insurance is primary, excess, contingent or pn any other basis. Any payments by us will follow the Other insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. � 5. COVERAGE TERRITORY—WORLDWIDE The definition of"coverage territory"Is replacedthe following: ng: I "Coverage territory" means anywhere provided the Insureds responsibility to pay damages must be determined in a Settlement we agree to or In a "suit"on the merits brought within the United motes of America(Including its territories and possessions),Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAiM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit Is amended by adding the following paragraphs: a. The requirements that you must 1. notity us of an"occurrence"offense,claim or"butt'and 2. send us documents concerning a c1Wm or%ulr apply only when such"accident"ciaim,"suit"or"loss"is known to: i 1. You,if yon are an individual; I Z A partner,If you are a partnership; & 'An executive officer of the corporation or insurance manager,if you are a corporation;or 4. A manager,If you are a limited lability company. I b. The requirement that you must notify us as soon as practicable of an"occurrence"or an offense that may result in a claim does not apply if you report an"occurrence"to your workers compensation insurer which i later develops into a liability claim for which coverage is provided by this policy. However,as soon as you have definite knowledge that the particular "occurrence" Is a iabiity claim rather than a workers compensation cpm,you must comply with the Duties In The Event Of Occurrence,Offense,Claim Or i Suit Condition. 10. EXPECTED OR INTENDED INJURY(PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: i "Bodily Injury" or "property damage" expected or intended from the standpoint of the Insured. This exclusion does not apply to"bodily injury"or"properly damage"resulting from the use of reasonable force to probed persons or property. i 11. INCIDENTAL MALPRACTICE—EMPLOYED PHYSICIANS,NURSES,EMT'$AND PARAMEDICS i a. Under Section 11—Who Is An Insured,the paragraph that excludes an employee or volunteer worker as Insured for"bodily injury"or"personal and adverlsing Injury"arising out of his or her providing or failing to provide professional health care services does not apply to a physician,dentist,nurse,emergency medical technician or paramedic employed by you if you are not engaged In the business or occupation of i prov ding medical,paramedical,surgical,dental,x-ray or nursing services. ! b. The Insurance afforded by this provision Is excess over any other valid and collectible Insurance whether such insurance Is primary, excess, contingent or on any other basis.Any payments by us will follow the Other Insurance—Excess Insurance provisions In the COMMERCIAL GENERAL UABILITY CONDITIONS. . 12. MEDICAL PAYMENTS—INCREASED LIMITS AND TIME PERIOD In the Insuring Agreement under Coverage C—Medical Payments,the requirement that expenses are Incurred and reported to us within one year of the data of the eicddent Is changed to three years. a. The Medical Expense Umit is$15,000r pe person or the amount spawn in the Declarations as the Medical i Expense Limit,whichever is greater. b. This provision 12.does not apply if Coverage C — Medical Payments is oftrwise excluded either by the provisions of the Coverage Form or by endorsement. Peg&4 of 7 Indudes copyrighted material or Inaumm services Office,Inc. VCG 207 97 09 Copyright 2DOID,III!!!pl!ltltlt}1!!11!!!I!!!!Itll IIt!!!I!I!l1111! Page 319 of 770 1$. PRODUCT RECALL EXPENSE With respect to this Provision 15., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is delated. a. The following Is added to Section in-Limits Of Insurance section: 1. The'Umb of Insurance shown In ft Product Recall Schedule and rules below fix the rriost we will pay regardless of the number of (a) Insureds; (b) "Covered recalls"initiated;or (c) Number of"your products"recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all"product recall expenses"incurred for all"covered recalls"Initiated during the policy period. 3. Subject to 2.above,the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses"arising out of any one"covered recall"for the same defect or deficiency. 4. Subject to 3.above,we will pay only the amount of"product recall expenses"in excess of the deductible amount shown in the Product Recall Schedule. t i Products Recall Schedule Limits of Insurance a Product Recall Aggregate Limit .$50,400 Each Product Recall Limit $25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown In the Declarations as the Products Recall Expense Limits, the amounts shown In the Declarations will replace the Urnme of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after Issuance for an additional period of less than 12 months. In that case, the additional period will be deemed pad of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence,Offense, Claim Or Suit provision under Section IV—Conditions: You must see to it that tltta following are done In the event of art actual or anticipated"covered recall"that may result in"product recall expense": 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled.include a description of"your product*and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of Bike or similar products until it has been determined that all such products are free from defects that could be a cause of lose under this insurance; 3. As often as may be reasonably required, permit us to Inspect"your product"that demanstiates the need for the "covered recall"and permit us to examine your books and records.Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed,sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request.We will supply you with the necessary forms;and t S. Permit us to examine any Insured under oath,while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, Including an Insured's books and records. In the event of an examination, an insured's answers must be signed. Page a of 7 Indudes coWghled material of Insurance Samos brlioe.Inc. Vice 207 or Oe CopyrW2000,IIlIII!]!!1!!II!!flrll!!!I!lI1111lIHIII!!!Il1111! i Page 320 of 7701 i COMMON POLICY CONDITIONSj All coverages.of this policy are subject to the following conditions. A. Cancellation 1. The first Named insured shown in the Declarations may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: Z10 days before the effective date of cancellation If we cancel for nonpayment of premium;or 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or delver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. S. , if this policy Is cancelled,we will send the first Named Insured any premium refund due.If we cancel,the j refund will be pro rata. If the first Named Insured cancels,the refund may be less than pro rata. The can- cellation will be effective even it we have not made or offered a refund. f S. If notice is mailed,proof of mailing will be sufficient proof of notice. B. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 45 days before the expiration date. If notice is mailed,proof of mailing will be sufficient proof of notice. C. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This polloy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. j D. Concealment,Misrepresentation or Fraud This policy is void In any case of fraud by you as it relates to this policy at any time. It is also void if you or any other Insured,at any time,intentionally conceal or misrepresent a material fact concerning: I. This policy; 2. The Covered Property; i 3. Your interest In the Covered Property;or 4. A claim under this policy. E. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy pe- riod and up to three years afterward. F. Inspections and Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; I I 2. Give you reports on the conditions we find;and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged.We do not make safety inspections. We do not undertake to perform the duty of any person or or- ganization to provide for the health or safety of workers or the public.And we do not warrant that conditions: 1.. Are safe or healthful;or 2. Comply with laws,regulations,codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or simlier organization which makes insurance inspections,surveys,reports or recommendations. YiL 00102 06 Includes copyrighted material of insurance Services Office,Inc. Page 1 of 2 Copyright 2004,I I11111111111111f111111111HIII1!11itIHU11111111 Page 321 of 770 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190471 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/14/18 VENDOR 17292 SHIP TO: TO: MARKETING & COMMUNICATIONS City of Boynton Beach PARTNERSHIP CITY MANAGER OFFICE 550 SE MIZNER BLVD. B-806 3301 QUANTUM BLVD, BOCA RATON, FL 33432 SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 72359 ORDERING DEPARTMENT: PUBLIC ART/DCD ° ® ® , DATE NEEDED: BID N0: COMMISSION APPROVED: ® . EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 6. 00 EA MONTHLY RETAINER FOR PR SERVICES 2000.0000 12000. 00 FOR KINETIC 2 2 . 00 EA PR NEWSWIRE DTSR'IIBTJTIflN'-SERVTCE 2000 . 0000 2000 .00 FOR NTL PRESS REMARKS: PR SERVICES FOR KINETIC F I' EVENT PROCUREMENT SERVICES: P.O. TOTAL: 14000 .00 ACCOUNT NO. PROJECT 151-2611-579.48-01 PURCHASING Page 322 of 770 Im m IH ID H H I I I !1!1!1333 0 m Z o M I . o I H I I H U] I HO 0 r H I I z 0 O o0 0 H H H Z I o O o Q p a+ I OH 0 0 0 w H N N cP ✓' O W Q I 1 Qi W I O Z H W > i �C4 rx 0 H 0 x U a G1 I I Iii W U y+ I QPR W W7ya I I �aQCgH I Z Oryx � I I O m z z L� QHI o 0 o i5H i o 0 H ZW I o O o 11 0�0 0 0 U HOU i O 0 o i t1. H O O W I O O O I I ri r-I W I O O O I I N N d1 H H H ul 17-1 o W I W U F 1 > .D FI o 0 CX 0000 Z m HUl I O 0 I.a 0000 I LO H 0 o FO0000 OzzIM U o o � FC N FC HI W O O Hp OOo0 H y O U W I O O H 01000 I H O H IYi I O 0 °jy Ul O M o r- I a O a W I N H O H 0 �Z � NMNN I (� x N H Oa rG W W ' H LYi 0i a) IX1 Qui r-4M a C4 N , H F Z 040 1- W I W W of 0 U H W 44 FWDz0 n4 Z 0 zW H i 0 o a Z Di a F HU HI IH U (�H O F i lv N W H a Q x x U z x IF O< O m W CY i H 04 a Q I x H W W ril •. F U]-17-1 @ I ' O H ul U U Pz M 0 O H W i IU i UO ca U z H a U]Q W H a W H W F IFI I z a HWHW c/l 1✓-I I W Q4 U Ix U F-- H� W4 off OH UZUZ 1 9 O I�o I ulW WW aHaH Wul u raC0 Ul H U] zxzx HOW >OW OO>FuzH(�H LYA . WFa Fa WO> MO> oowi xxUW zcaW W� 0000 xulvl o(nm I rxoao I P4 HW I aUaU U i a'ozz H70z a > °wF HwH H I W F w I r-I H H 104 U fxUAG 1 0 0 a U W ul co ul I co o0 1ZIH HH I Q Ln h PQ O O I W.,`,Q V4�Q I Ln H z HH I L>~H 0 HHO FH H OQ H I HX 3H2 Glp l0 H U a l yiQ2 MQX I H OH 1 Ia00 300 I N N w a U HXM ZXE u� m H O m Ia1 H r-I lap W I OOUc01l D'um Ol W a D4 Q j E LY H W M 17-19 I H N HH N ul HM I az1 a I , Page 323 of 770 i CITY OF BOYNTON BEACH iI REQUEST FOR PURCHASE OVER $109000 Date: Nov 14, 2018 I Requesting Department: Public Art Contact Person: Debby Coles-Dobai i Explanation for Purchase: To provide public relation services for the International Kinetic Art Exhibit 8r Symposium.The goal is to connect the global community to kinetic art experiences unique to the City of Boynton Beach. and to highlight the City of Boynton Beach as a vibrant and attractive City to residents, visitors,the South Florida region and international media, and raise awareness of kinetic artworks through engagement with the sculptures and their creators. Recommended Vendor DollarAmount of Purchase $12,000.00 Source for Purchase (check and attach baftup materials): Three Written Quotations GSA i ' State Contract PRIDE/RESPECT SNAPS Sole Source Q Piggy-Back Budgeted Item Emergency Purchase Other ED Contract Number. NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 1 _ Fund Source for Purchase: 15126115794801 l Approvals: 1 Department Head Date Purchasing Agent � � , � Date t, — W_ G Asst City Manager Date City Manager Date ,-� -dE - Form Revised 02/01/02 1 Page 324 of 770 7. - p _ d r � [ aiEDO $ g .�� fit a �o� € t C m r ! n O MM �rWS T3 c 8 Ejo is m 1 13, � m a tPa E 51 of3cnc76$mn3 J iia' -195L� aPE }. �a .{.I 0rNanc� .Cc3v8�� $ �� u $mvgg�{{ r k . �i c 'O III �6ffiG7 3mTw Evg a$' '^ n3o25.g � � ,� 5 r9 0y O 1 �'SI �0 aim 'moo aT 811 m rn � n$ 3 cc ad !iu m E' �SLSOZ mEpC��m� �c mEmm�5 b a N C'F U ';3l(!/ LL U��U� Co� n qy LLU LL{s E8 _t. RE n ae o_ vm ardcli� vIri - - k k z a N i a bcmo � or"f t '� IQ 2 $'o o m as m kF� a��${��r8 °�' '� �� r aajj 9 a ➢ s¢ a(7iLL�23A � ' a r r f ®Qg. i _r 1 4� �LLU apUL � a �LLIa j agag"� a' AP m �'Sw'SAga A i rdy .7R' q� 7 r S �AIP p Page 325 of 770 Fri. �E I — �3 cnm1 �_ mw-WG a E� p 'b 3,191 19 n 8i Zia E � �5€ n2�E { v $ w u rn ®ra�a�ma tv $v�$ 8' -�'�® m $S E� E 43 g� LL �mwss� b wa�mm A aa8 aA A3A � F ....�rn� rn€� €vi �A,a A- A 8A n6 A A o® m m g Tn8 '8 bi 10 let91 ®.. ��5- E_ w X023 a £5.5 '� m m o� m m mmP s J. 'gg a C q �}{ re E FS m e '� €8 8 Yt # fi o i LL ,i". E_I Be E@ a $ v Q �8S m_fAm tam $ �p�£.5� � £ mT' � c �, 00_ $� aw mmm LIF m FS FS f3 E fR ��$ nw �m$t {w$aa5� �.aob ¢ �,, 8 0'� S 0111 fi� 8 is mo :C °' ca a9o $1 m `3��E " mc EE aa9 n �a$76- 85 E +, an�SE �r m o fixg �6a$c__m�E al -8§ `, om�oc a8oa6-_® m°nLm�+��4 n n 8 a E n aaw� m - � , m r8a ®- m E3 0� � $ 8 8 m iS D of EE @ �^u m cm ac$ a m�vv Em auvm 8 € - mc��E ffio8l0�..'OJ a�� F $ 8 8 dao m 3 �fi va7 E B�y{��Aman al E 6 mac 5i�cfi_E b .Z+ omBL'w�®�a m� c ym�$ mfi� ann� m3= m , ®a c m g w ov c rnmg5 m El m a €s8 €E` eEBx$8 � 6fag E i`p c S mfi B c 6 � wz�' °i mom$ o �M6�m8¢-'o F D U �'� ` aQ 'mU mm.- MPH H n_$r= �a CV �_m .5.5ms co}'. o c=5a CIS, :15 ,.", AVrBAnA "CAHA8AAAm 2fmAn cEAA�EA � m - A a ® - m 8 8 Tr 14c KL a A m O A C yp AliaO _¢ ® s0� _aw taw m ® �� ?s� $ wa ® W�j 0 a-1 8-'t 8 y vNot-lie o �� o F��M o+�8ao F¢��2 sXuD®€ Em 9E C5 <cpM -C Ba dS��g zaa aaaton Gn . E . . a o`J= j m E m o-wF €mB .0 y Z D � � X311 AW; Al 0 =5$aca 3F ��<�vzu. �wx Oym.,. k gg � mTIL EL a Nr � gam`5 �m BfiaSsSm�aw u `d �Jaa Pa ¢ 8 3ame�n c� x�3 3z; i�� # 7� t' IC' 10Page 326 of 770 QUOTE FOR STRATEGIC MARKETING AND PUBLIC RELATIONS ASSIGNMENT Submitted Tuesday,September 4,2018 Submitted by The Marketing&Communications Partnership,LLC Submitted to The City of Boynton Beach For 2019 Biennial International Kinetic Art Exhibit and Symposium Including October 2018-February installation,Celebrating Art in Motion launch(February 1 invitation-only reception,February 2-3 kickoff events},and exhibition This proposed fee includes compensation for delivery and development of a detailed strategic public communication and engagement plan(initiatives,objectives,target dates and measures)for Kinetic Art Event and Exhibition,inclusive of public communications and engagement initiatives completed by staff within the past year. If granted the assignment,the firm will complete first draft of a strategic public communications and engagement plan by Wednesday,September 5. A complete and final plan will be delivered by Wednesday,September 12. The fee is flexible depending upon which services the client would like to include. THEME—AN EVENT LIKE NO OTHER,AND A BRANDING PLATFORM FOR BOYNTON BEACH A communications program created and implemented by The Marketing&Communications Partnership will support the vision of connecting the global community to kinetic art experiences available nowhere else,and to highlight Boynton Beach as a vibrant and attractive arts hub to residents,visitors,the South Florida region and international media,and raise awareness of kinetic art through engagement with the works and their creators. This is much more than an art event;if is an opportunity to connect with residents,to utilize the personalities of artists in promoting their work to collectors,and to brand Boynton Beach as a desirable place to visit and live,and a not-to-be-missed arts district for visitors. DELIVERABLES • TV and radio interviews/coverage including but not limited to: NPR/WLRN radio Local news stations Legends Radio CBS Sunday Morning Today Good Morning America News websites • Outreach to national art,travel,tourist,business lifestyle publications including but not limited to: Art&Antiques ART News Art Burst Weekend sections of NY Times,WSJ,Financial Times,Forbes Airline inflight magazines Conde Nast Traveler Newsweek Travel&Leisure Travel blogs Freelance travel writers—US and Canada Pop Sugar Ruffington Post U.S.and Canadian travel and lifestyle blogs Arts sections of all local newspapers—Sun Sentinel,PB Post Page 1 of 2 Page 327 of 770 Florida Weekly Florida Trend Art Hive Miami Herald Magazine arts section Coastal Star Arts Paper • Identify and reach out to target media outlets in the arts,travel,lifestyle,business,high-net-worth collecting, investing,science/ecology,education,parenting,digital influencers and blogs,and social media • Secure media placements locally,regionally,nationally and internationally • Research,gather,generate and promote content for use in the press,including but not limited to a digital press kit, national press releases and images • Write and distribute press releases and pitches to relevant media locally,regionally and nationally,including a series of press releases to be distributed via PR Newswire to ensure maximum consistent exposure and Web searchability • Work to arrange print and broadcast interviews with the artists,city officials and Arts in Public Places • Outreach to media for attendance at opening events and ensure inclusion on event calendars • Help draft social media content posts for Facebook,Twitter and Instagram • Partner with local organizations including schools,chambers of commerce,Cultural Council of Palm Beach County, Boynton CRA,Discover The Palm Beaches,tour guides and operators,the Palm Beach International Airport,local businesses,transportation companies,Palm Tran and Brightline to cross-promote services,and work with Norton Museum and Boca Raton Museum of Art to participate in their evening programs for members PROPOSED BUDGET Project fee: $12,000 paid as a monthly retainer of$2,000 for six months(October-March). The fee will cover the high and low activity periods,and we will keep the momentum even during less busy months with a regular flow of story pitches and press releases. Activity can be extended through the year-long exhibition. Out-of-pocket costs: PR Newswire distribution for national press releases is estimated at$1,000.per press release.Estimated 2 national releases. Thank you for inviting me to bid for this assignment. Respectfully submitted, Judith Czelusniak The Marketing&Communications Partnership,LLC gudith��uithmai Isom 1917-655-3217 Page 2 of 2 Page 328 of 770 STRATEGIC MARKETING AND PUBLIC RELATIONS PROGRAM Submitted Monday,October 1,2018 Submitted by The Marketing&Communications Partnership Submitted to The City of Boynton Beach For 2019 Biennial International Kinetic Art Exhibit and Symposium THEME—AN EVENT LIKE NO OTHER,AND A BRANDING PLATFORM FOR BOYNTON BEACH This communications program will support the vision of connecting the global community to kinetic art experiences available nowhere else,and to highlight Boynton Beach as a vibrant and attractive arts hub to residents,visitors, the South Florida region and international media,and raise awareness of kinetic art through engagement with the works and their creators. The International Kinetic Art Exhibit and Symposium is much more than an art event;if is an opportunity to conned with residents,to utilize the personalities of artists in promoting their work to collectors,and to brand Boynton Beach as a desirable place to visit and live,and a not-to-be-missed arts district for visitors. DELIVERABLES • TV and radio interviews/coverage including but not limited to: NPR/WLRN radio Local news stations Legends Radio CBS Sunday Morning Today Good Morning America News websites • Outreach to national art,travel,tourist,business lifestyle publications including but not limited to: Art&Antiques ART News Art Burst Weekend sections of NY Times,WSJ,Financial Times,Forbes Airline inflight magazines Conde Nast Traveler Newsweek Travel&Leisure Travel blogs Freelance travel writers—US and Canada Pop Sugar Huffington Post U.S.and Canadian travel and lifestyle blogs Arts sections of all local newspapers—Sun Sentinel,PB Post Florida Weekly Florida Trend Art Hive Miami Herald Magazine arts section Coastal Star Arts Paper Page 1 of 3 Page 329 of 770 TIMELINE Ongoing Activities(October—March/April) • Help draft social media content posts for Facebook,Twitter and Instagram ° Partner with local organizations including schools,chambers of commerce,Boynton CRA,Cultural Council of Palm Beach County,Discover The Palm Beaches,tour guides and operators,the Palm Beach International Airport,local businesses,transportation companies,Palm Tran and Brightline to cross- promote services,and work with museums to participate in their evening programs for members o Outreach to Visit Florida,Discover The Palm Beaches and the Cultural Council to ensure that the exhibition is included in national and international media FAM tours to garner national media recognition at minimal cost to the City of Boynton Beach. (Initiated) o Work to arrange local and regional print and broadcast interviews with the artists,city officials and Arts in Public Places(Initiated) o Ongoing outreach to digital influencers,blogs,and social media o Engage the hospitality industry and building concierges to ensure promotion of the exhibit Event-Triggered/Timely Activities October 2018 o Outreach to media,VISIT FLORIDA,Discover The Palm Beaches,Chambers of Commerce and Cultural Council for inclusion in Season previews(where timely)and weekly calendars(In process) o Distribute a Drop Box digital press kit with images and background information(Done,updates ongoing) o Outreach to restaurants and tour operators to partner on cross-promotion November 2018 o Identify and reach out to long-lead time media outlets in the arts,travel,lifestyle,business,high-net- worth igh-networth collecting,investing,science/ecology,education and parenting/consumer(Nov/Dec) o Write and distribute initial press release/alert for local media announcing installations in place o Organize golf-cart tours for local media December 2018 o Ongoing outreach to long-lead time media outlets in the arts,travel,lifestyle,business,high-net-worth collecting,investing,science/ecology,education and parenting/consumer(Nov/Dec) Page 2 of 3 Page 330 of 770 o Write and distribute initial national press release via PR Newswire,announcing installations in place and teasing the February weekend events January 2019 o Write and distribute second local press release/alert announcing February weekend events o Outreach to weekly calendar editors to ensure inclusion of February weekend February 2019 o Write and distribute second national PR Newswire press release regarding opening weekend events and encouraging ongoing visits to Boynton Beach o Event photos and local press release distributed to local publications Respectfully submitted, Judith Czelusniak The Marketing&Communications Partnership 'udith(@ iudithmail.com 1917-655-3217 Page 3 of 3 Page 331 of 770 _KLntLEYL,QNMWMCAT10NS 1301 SW 101h Ave.#E107,Delray Beach,FI 33444 C.917-626-4838 Info kl mlev.com Ms.Debbie Coles-Dobay,Public Arts Manager City Manager's Office,Art in Public Places City of Boynton Beach– 100 E.Boynton Beach Blvd. Boynton Beach,FI 33435 September 4,2018 Dear Debby: Revised Marketing/Communication Plan 4th International Biennial Kinetic Art Exhibit&Symposium, Boynton Beach, FI From Klimley Communications The City of Boynton Beach deserves more global recognition for its biennial International Kinetic Exhibit &Symposium.This is the only event of its kind in the US. Yet since it started in 2013,the biennial has not received the national and global visibility it deserves. That has to change before the 4th Exhibit starts(in October when the Outdoor Exhibit goes up). The city of Boynton Beach's Kinetic Exhibit needs to be branded as a"must-see"venue for kinetic art collectors worldwide,those who attend Art Basel(right down the street),avant-garde gallery and museum curators, kinetic artists,art critics,and affluent collectors.Local residents of Boynton Beach and Palm Beach County already know about the event and attend it The question is:How to attract everyone else?How to put the exhibit on the kinetic connoisseur and collector's art map? After examining this year's offering and looking at past performance,we have come up with a plan aimed at reversing this situation The focus of the plan will be on demonstrating the relevance and uniqueness of the kinetic art displayed,showcasing it(and its artists)to the world in a number of ways.The emphasis will be on demonstrating that the biennial features some of the best and newest in kinetic art and tcerds---- by the most highly regarded kinetic artists—and thus represents the new wave of kinetic artwork that has sprung up over the past decade in response to advances in technology and sciences plus greater concern for the environment.Here is an outline of our recommendations to achieve this goal.A chart with timelines and costs is attached. Phase 1: September 2019 throuah February 2019(The first six months) Ongoing media and editorial work covered by retainer(items 1 to 5) 1. Focus on the Artwork and Artists.It is the kinetic art,artists and experts speaking at the symposium (and/or different venues)who will draw high-end art collectors and visitors,plus a greater number of regional art lovers.This has to be done by featuring the most exciting work in the exhibit for instance,the two pieces on Pete's pond;John King's interactive"Beat Trail,"and pieces that have ecological messages.All these represent the latest trends in kinetic art.We have several ideas on how to dramatize these works and the artists who made them. 2. Create a Proactive,Consistent Media Relations Program.People take notice of arts events when they see publicity about them.The press(or media)coverage creates excitement and puts the event on the map. A proactive press program must include strong,ongoing relationships with key editors and writers in news outlets—regionally,nationally,and globally. pg. 1 Page 332 of 770 The press program needs to include press alerts,press releases and special pitches for unique aspects of the Exhibit. We already have a very up-to date press lists for event listings and cultural art story placement.We will expand and customize these lists for the kinetic event: We also suggest using a using national distributional service for certain announcements and news.Here are some potential target publications or media outlets: ° Local Lifestyle and Culture.Art&Culture,Art Districts-Florida,Delray magazine,Boca magazine, Palm Beach Illustrated,Gulfstream Life(Naples),the Boca Observer,Sun Sentinel,Palm Beach Arts paper,Ft.Lauderdale,S.Florida Business&Wealth(Ft.Lauderdale). ° N and Radio.From West Palm Beach:WPT=TV,WFLX N,WPEGCBS-12,WFLX FOX29;Way FM (radio);WRMF 97.9(radio);and,nationally,National Public Radio(NPR). ° National art,travel publications.ARTnews,Art in American,Arts Magazine,The New York Times, Wall Street Journal,Town and Country,Departures,Travel&Leisure. • Global publications. Aesthetica,Global Art Magazine(many of these are published online-only) • Social media.We will work with the City's social media program to strengthen it promotion of kinetic art events. 3. Friday Night Reception. We will draft and/or edit materials for this such as invitations.But the event itself may require professional"event management"resources to bring it to the right level. 4. Create a professional press kit. A professionally designed and printed press kit is a must.A printed press folder like this polishes the image of any organization,company,or non-profit,and reinforces a positive,top-level image of the event with collectors,the press and advertisers.Of course,the press materials should also be made available to the press online,too. We will create the concepts and content for the press kit;however,we have not included costs of design and printing,since they may be done in-house. 5. 2019 Kinetic Exhibit Marketing Materials. Last year's marketing folder was an excellent tool for visitors.It was probably written and published in-house.We recommend creating it again that way; we will provide editing and proofing for it. Two Important Plans for the Kinetic event from rc4'aiper vm[k) #1a Creation of a 2018-2019 Marketing/Communications Plan. The 4th Kinetic biennial will take place at two times: The 2018 Outdoor Kinetic Sculpture Exhibitwill commence in October 2018,while the Exhibit&Symposium is not held until February 2019.Because of this time gap,we suggest taking action immediately to publicize the Outdoor Exhibit and make sure it gets in the listings of magazines and newspapers in October.We also need to move fast to place any article about this portion of the biennial right now,since many publications are deciding right now on content for October.Completion of the complete plan,with timetables for periodic assessments,will probably require most of the month of September. Copyright 2018 lGimley Communications 11301 SW 10Ave.,Delray Beach,Fl.334441 C.817426 4838 2 Page 333 of 770 #2a Creation of Long-Term Strategic Assessment and Plan. Our research within the arts management,gallery,and museum communities has convinced us that the kinetic planning group should consider development of a second,deeper assessment and plan for the ongoing success of the Biennial.This assessment would focus on how to take the biennial from its inception to the global"go-to"global event in the art world by 2021.Even though major steps will be taken toward this this year and in 2019,it is important to look forward to future. This assessment and plan would create a roadmap for the 2021 event and ensure not just its outstanding global success,but also that all planning is well coordinated with the redevelopment of the downtown of the City of Boynton Beach.Therefore,the plan would ensure a maximum return on investment for the exhibit and everything surrounding it. Phase 11:March 2019 through September 2019(Second six months) Ongoing Support. During the second six months,we will continue to provide media and editorial support at a lower level,since our responsibilities will be fewer during that time.This portion of the program we are suggesting can always be adjusted if more work is required. Additional Considerations Overall Implementation of The Plan. I will be the lead manager on this project with a team to help on various aspects.I have extensive knowledge of—and ties to--the art world,as well as media expertise (because 1 started out in that field.My associates and support staff also have experience working with the media and advertisers to brand major events,products and organizations. Time Requirement. During the first sic months of this project,we estimate that the initial phase of this plan(excluding the 2019 marketing/communications plan and strategic plan)will require approximately 10 hours per week of my time,and at least 15 of my support staff and associates,for a total of at least 25 hours.During the second six months,the total time would be reduced to about 15 hours per week. Costs. The costs and timetable for this program are divided into three parts.(1)Retainer for the first sic months:We will handle items#1-5 altogether at a cost of a retainer of$2,200 per month.(2)Retainer for the second six months:$1,000 a month.(3)Creation of Two Plans:The 2018-2019 marketing/ communications plan and recommended Long Term Strategic Assessment and Plan are priced differently, as indicated in the chart. It was a pleasure working for you on the Art Hive article.I am certain that,working closely with you,my team and I will be able to help you achieve your primary goal of global recognition—as well as greater kinetic art sales! I am sending the press release samples you requested,as well as a brief biography,in attachments connected to a second email. Thanks,and regards, Am11 April W.Klimley,Principal,Klimley Communications Copyright 2018 Klimley Communications 11301 SW 10Ave.,Defray Beach,Fl.334441 C.9174W-4838 intofthamlomm 3 Page 334 of 770 Revised Communications Plan for 2019 Kinetic Biennial& from Klimley Communions Overall Objective:To create global visibility for the Kinetic Art Exhibition&Symposium. Ekme a of Jm Tadfcs Time Subtotal Totals kit f1=st8�xianihs� >9eptril�r 301$ r FeblCr�flgry�Q1� � .,: 6. Focus on the 7. The kinetic art itself is what draws ° whale $13,200 #1 Artwork and high-end art collectors and visitors. year (Items 1-5) Artists I The most cutting edge of these pieces ($2,200 per I and the artists who created them month for 6 j need to be dramatized. months.) A proactive,consistent media relations program l #2a Create a Strong aimed at all media—print,online,Tv and radio on Sept. ! Media Relations local,regional,national and global levels—will get 2018 1 the story out.Details are described in our proposal to See above. Program { Feb. 2019 I #3 Friday Night Special emphasis has to be put on the potential Asap See above. Reception: buyers and wealthy individuals invited to the Attracting buyers opening night reception. We can provide writing * and editing for this,but it may require event management resources not included here. FN j Press kit-print& Editorial aspects and management of process 1 I #4on Ime** ex design and printing. ( Asap I See above. #5 1 4th Biennial Event We recommend a repeat of this folder and marketing folder will provide proofreading and light editing for Asap See above. 1(same as last year) it. Subtotal for retainer(Activities 1-5) $13,200 2018-2019 Adescribed above;tentative schedule: See ADDITIONMarketing/ o Selective activities:Early Sept 2018 left $2,500 L Communicationso Completion:End of Sept.2018 #la 0 In review:January 2019 I Plan O 2.d review:March 2019 ADDITIONA Strategic Long- As described in proposal. $3,000 L Term Assessment #2b and Plan I Subtotal for both plans $5,500 $17,500 I g Copyright 2018 Klimley Communications 11301 SW 10 Ave.,Delray Beach,Fl.334441 C.91746284838 infa®kLmlev_cam 4 Page 335 of 770 Ongoing Continued promotion of Outdoor Exhibit; Mar. $6,000 $17,000 support media relations;management of any ancillary 2019 activities such as sending program manager to to ( ($1,000 per I Sept. month) I kinetic art conferences. 2019 I Total for 12 months $24,700 µ COSTS NOT INCLUDED *Attracting kinetic sculpture May require event management resource. Buyers;reception Not known if desired **Kinetic press kit I Design&printing May be done in-house _. ***Kinetic Exhibit marketing same as last year;done in-house,but vie will provide May be done in-house Folder(same as last year) light editing and proofing. Copyright 2018 Wimley Communications(1301 SW 1oAve.,Defray Beach,R.334441 C.917.6264838 5 Page 336 of 770 w oil qp- € * ::I lu sit-,� w a SO, ERS'.11100101"AMIr ON- .......... S sF } 'epy f � � -'v 1110 WA VI .. 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Proposed agreement between: WDQNNELL AGENCY (Carey O'Donnell Inc.,a Florida corporation) and The City of Boynton Beach for the 2019 International Kinetic Art Exhibit and Symposium O'Donnell Agency will provide public relations and marketing services to above-named entity(referred to as"Client")under the terms of this non-cancellable,project-based contract. This is a seven-month contract commencing September 1,2018 and terminating February 28,2019. Agency will provide the following marketing and public relations services to client until the termination of this agreement. Lead one ortwo'intake sessions'with designated members of the City of Boynton Beach,Boynton Beach Arts Commission and City of Boynton Beach Art in Public Places to obtain a clear and comprehensive picture of the exhibition, target objectives,artists involved,events lineup,kinetic art experiences,use of owned media(website,social media platforms,newsletters),community relations programming and partnerships,etc.; ➢ Develop a strategic public communications and engagement plan to build awareness and drive attendance to the 2019 international Kinetic Art Exhibit and Symposium in Boynton Beach that will be installed October,2018;opens Feb.1- 3,2019;and remains on display throughout the remainder of the year; ➢ Audit the organization's"owned media"(website,social media platforms, existing communication vehicles,such as e-blasts,newsletters,etc.)for opportunities to shape and enhance the external messaging; ➢ Create public awareness forthe exhibit through mainstream media,trade and niche media outreach covering arts,culture,travel,lifestyle and business news. Create a focused awareness among key digital influencers who have significant event and lifestyle-related,cultural and geo targeted blogs and social media pages. Print and online media targets include ARTDISTRICTS,ARTnews,Art Daily,Art Hive,Boca Magazine,Bora observer,City and shore,Coastal Star, Florida Weekly,Miami Art Scene,Miami Herald,New Times-Browarcpalm Beach,Palm Beacher,Palm Beach Artspaper,Palm Beach tllustrated, Page 342 of 770 City of Boynton Beach Contract Page 2/... Palm Beach Post,Sun Sentinel,Travel f Leisure,Visit Florida's Culture/Travel correspondent Jodi Maunder Farrell,and more. > Generate local and regional publicity through television news coverage and radio interviews.Prepare designated representatives(if needed)for major interviews and provide assistance with developing talking points with maximum media impact. Provide insight on the reporter/media involved if necessary. Broadcast and radio media targets include KOOL 105.5,South Florida PBS(WXEL and WPBT),WJNO 1290,WLRN-FM,WPBF Channel ZS,WPEC CBS12,WPLG Loca110,WPTV News Channel 5 and WRMF 97.9 Develop all media outreach materials for the exhibition,including calendar listings,press releases and photo advisories,and identify ways to sustain the news beyond the exhibit's opening; Manage ail pre-and post-event publicity for the opening night event,including: o Developing and distributing a calendar listing,with individual follow-up to ensure relevant calendars include it; o Developing and distributing a pre-event press release separate from the main exhibition release to describe the event,high profile attendees, sponsors,etc.; o Managing media invitations and curation for the event,and coordinating onsite interviews as necessary(media preview event will precede opening night); o Working with hired social photographer to identify photo opportunities for print media that will optimize promotional value of media coverage; o Developing and distributing a post-event press release that describes the event in detail,notable attendees and sponsors.Social photos to accompany this release. Assist in efforts to identify and facilitate advantageous new or expand existing marketing partnerships with Discover the Palm Beaches,Palm Beach Cultural Council,(possibly) Brightline,key neighborhood associations in Palm Beach County and North Broward,schools and academic institutions within the primary market area,hotel concierges,civic,cultural and religious organizations,senior living centers and more.We also think it's worthwhile to reach out to tour operators and event organizers in Orlando and the west coast's key markets with news of the exhibition to prompt excursions and drive traffic; Provide on-site presence at key exhibition eventsto manage all publicity,press passes,media interviews,and work with the hired photographers to ensure major sponsors,donors,dignitaries,artists and notable guests are photographed for post-event publicity and social media marketing; Page 343 of 770 F ® e P City of Boynton Beach Contract Page 4/... All materials developed by O'Donnell Agency for the Client,including art,advertising and copy shall be considered to be the exclusive property of the Client only if accounts are current.All materials provided to O'Donnell Agency by the Client for to be used in conjunction with this program shall remain the exclusive property of the Client. All invoices are payable within 30 days.Amounts due over 30 days are subject to a late charge of 1.0 percent per month.Monthly fees are billed on either the first or fifteenth of each month,depending on the contract's specified start-date and are due within 30 days. O'Donnell Agency,The City of Boynton Beach and employees of both entities agree to indemnify and hold each other harmless against any claims or liabilities for which either party is solely responsible during the term of this Agreement The Client accepts responsibility for the accuracy of information provided to O'Donnell Agency that is subsequently released to the media following written or verbal approval by the designated company representative(s)assigned to approve news releases and/or all communication to the media. In the event of a dispute arising from this contract,Florida law will control and the dispute will be tried in a Florida court or settled by a Florida mediator.The prevailing party shall be awarded reasonable attorney fees and costs if incurred,taxable and non- taxable. THIS CONTRACT IS EFFECTIVE AND IN FORCE FROM. September 1,2018 FOR O'DONNIELL AGENCY FOR CITY OF BOYNTON BEACH CAREY O'DONNELL,President Debby Coles-Dobay,Public Arts Manager City Manager's Office,Art in Public Places Page 344 of 770 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 190472 BOYNTON BEACH,FO H, LORIDA 33425-0310 DATE: 11/14/18 VENDOR 14257 SHIP TO: TO: FL CARIBBEAN ARCHITECTURE, INC City of Boynton Beach ANDERSON W. SLOCOMBE PUBLIC WORKS DEPARTMENT 7 ERWOOD PLACE 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33426 BOYNTON BEACH, FL 33435 REQUISITION NO. 72427 ORDERING DEPARTMENT: GAIL MOOTZ/JL DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 5950 . 00 DL PRELIMINARY DESIGN/DESIGN 1. 0000 5950 . 00 DEVELOPMENT 1. Conduct a site inspection/survey ali disciplines:*"'.:(measure, sleetd-h :ana. photo ra :hs). g p 'and. pprovide (draw up) CAD base draw�ras (p lens' and elevations) of exi-sting :.cond`.t ogs and de'velop proposed demoT ion:. and now plans., seot�:�n ari t]eva.tions. (Existing dravai s .for,. th" sate:/proaerty are not available):: 2:.. Reyaew any Existing documents/in oinat ;on- provide:d by the , CLIENT and analyze ex,xsting structual and electrical systems 3 Based on initial/preliminary desiggn 1nformataoxz de-vel:oped: with. the :CLIENT, .conduct buildin Code' ... gg research/analysis :for wind load regu:i reme:rit s, .-and '.. .. rese rch pre-fabricated.metal buiading. systems -and canoppyro:ofirigsystems available/com�atYble with ,exis . n9fconditions'.; Provide St.! hematic design plans`=addressing the. scOPOAnd extent a.f work to,. be completed acid recommendations; or metal:... structure -and eanapy ekpa.nsion roof type to- b e-: installed. 4. Evaluate the use of solar panels at this facility (; ructureal/electrical) PROCUREMENT SERVICES: ,cuI P.O. TOTAL: ACCOUNT NO. PROJECT 302-4501-572.62-01 GF1804 PURCHASING Page 345 of 770 ga PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190472 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/14/18 VENDOR 14257 SHIP TO: TO: FL CARIBBEAN ARCHITECTURE, INC City of Boynton Beach ANDERSON W. SLOCOMBE PUBLIC WORKS DEPARTMENT 7 ERWOOD PLACE 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33426 BOYNTON BEACH, FL 33435 REQUISITION NO. 72427 ORDERING DEPARTMENT: GAIL MOOTZ/JL ME DATE NEEDED: BID N0: _ COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST --Foundations, floor slab, columns and roof_ framing design fornew aeldtion --Attachment recommen3atdon :or structural sys<te to existXxg Structure Eva Iuate paten A.al ampact. and: reca�iiitendation of nsta li g.:pr�ipc secl, solar panels at exp sting, roof. 7Eleetri ;a1 scope includes Electrical lighting/power..and t0.ad. c:a1:�Yzlatons. - !Lighti;ng anc1pow :rr :design: Reworkofextist rig; cart c.Y:argihq. stations and. izew .charg ng s at:j. locations. - Evaluation and., recommendation fear the '.. use/installation pf solar .panels Mechanical :plumbing. scope includes: Mini splt::ayet.etns sgadifications: . ,; k`lgor; drainage` ; 2. One reviOwl coordinat:ion. r etirigs:w1:1 be: held 'wl.th CLIENT:.to review, ;revise., and.;:. cons -r�1G 7:t Yl dO.Cuments. 3 2100. 00 DL PERMiTTINO AS9ISTANGE 1.0000 2100.00 1. Assist the :CLIENT' with the preparation :of..... permit appli-ca:tioris. 4-n. ,-processing with the building deparment. It also includes responding to building deparment comment and PROCUREMENT SERVICES: I P.O. TOTAL: ACCOUNT NO. PROJECT 302-4501-572.62-01 GF1804 PURCHASING Page 346 of 770 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 190472 BOYNTON BEACOH, FLORIDA 33425-0310 DATE: 11/14/18 VENDOR 14257 SHIP TO: TO: FL CARIBBEAN ARCHITECTURE, INC City of Boynton Beach ANDERSON W. SLOCOMBE PUBLIC WORKS DEPARTMENT 7 ERWOOD PLACE 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33426 BOYNTON BEACH, FL 33435 REQUISITION NO. 72427 ORDERING DEPARTMENT: GAIL MOOTZ/JL DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST revisions of drawings as required:.. REMARKS ARCH: & ENG:FOR CART. BARN'@ THE' L3<NIZS: BAS RLQ :ON C:CNA PROCUREMENT SERVICES: P.O. TOTAL: 17450. 00 ACCOUNT NO. 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L lti for urchase: Arm, '1-:1f4 Vic,> 1,46S Recommended Vendr - ollr t urchase Source for Purchase (check and attach backupmaterial ): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: Lew,4 _VSs Zu 7,&S-y— NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source forPurchase: 30?--4 01 - 5 72- - (aZol Ig® Approvals: Department Head Date Purchasing Agent �r , Asst City Manager Date Date City Manager Form aeVisea o2io1io2 �" Page 350 of 770 e a E REQUEST FOR OFFICE ASSISTANCE ®®TZ ate: _ip�15 *PRIORITY/DATE NEEDEDY: ❑ Copy Work - Number of Copies: [Double-sided/Collated & Stapled/ ) Distribution: Type from the attached/transcription tape/email(to be forwarded upon request) Request for 121/Direct Pay Req.for the attached - Vendor or Person to be reimbursed: Account umber: - - _ _ Project o.: - Request for Requisition - Vendor: Account umber: 302_ -4 1 -_6 ZZ 2 l Project o.: I a List Items w/Ouantities & Unit Costs on the back of this request. ❑ Verbal Quotes($500 to $1,999): Vendor: Cost: _ Vendor: _ Cost: Vendor: Cost: ❑ Written Quotes ($2,000 to$9,999.99)-Attached. Written Quotes ($10,000 to$24,999)w/Purchases over$10,000 Form-Attached. ❑ Bid/City(Over$25,000): Bid ❑ Bid/Other Entity(Over$25,0.00):. Bid , Bid Eff. Dates, & Bid Quotes-Attached. File : - - OTHER: Special Instructions: -A! e�d� Request completed by Date completed: Please si n and return this form to the Office Inbox; feel free to make any comments below. Page 351 of 770 e e � The links at Boynton Beach—Golf Cart Bam—Misccllaneous Improvc°nients Fiorida-Cadbbean !I�utu,+Canhl :rn ilrolulcctr.tr�im fc! >h! sirs:6a".114 It`t v_1 'X'3 5 'rl rt tt A rnk;f'n^fI Ire tnd r,un tr.Ls.nt lttlt t tr .r urn C"Atchkecmre cram April 27, 2018(Revised 5/20/18) Ms. Gail Mootz,.Project Manager City of Boynton Beach Engineering Department 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach, FL 33435-0310 Re: The Links at Boynton Beach®Golf cart Barn Miscellaneous Improvements Dear Ms. Mootz: Florida Caribbean Architecture Inc. (CONSULTANT)appreciates the opportunity and is pleased to provide our proposal for professional architectural and engineering services for the miscellaneous improvements to the existing golf cart barn facility,located at the Links at Boynton Beach Golf Course, 8020 Jog Road,Boynton Beach,Florida. The existing Cart Barn is approximately 4,800 SF and is partially enclosed. It is our understanding that the City intends to make the following improvements noted below under scope of services ProjectDescription/Intent: The intent of the project is to provide professional architectural and basic engineering services for the above referenced project. Services include. A. Preliminary Design/Design Development B. Construction Documents/Permit Drawings C. Permitting Assistance Work Not Included: •Movable Equipment and Furnishings •Landscape architecture and irrigation Design • Site utility Infrastructure Improvements •Construction cost estimate, including statement of probable construction costs Destructive/non-destructive•testing • Security systems, including access control and CCTV •Cathodic protection •Lightning protection •Fire protection Scope of Services: It is Florida Caribbean Architecture,Inc. understanding that the scope of work is based on the following miscellaneous improvements: 1. Field inspect and survey existing conditions and provide base CAD drawings of existing conditions(Plans and elevations). Note: Existing drawings for this property are not available. 2. Miscellaneous demolition and removal of deteriorated portions of existing structure/framing as necessary. 3_ Demolition/removal of existing fenced enclosures and existing metal panel siding. 4. Installation of new low masonry/concrete wall,new metal panel siding and louvers as applicable. 5 Extend existing Cart barn via addition of approximately 30'-0"x 60°-0", at the west side of the existing structure. 6. Installation of canopy,approximately 18,-W'x 40"-0",over the bag drop area at the SE side of the structure 7. Installation of applicable electrical lighting and charging stations at new additions and re-work existing charging stations/power outlets and lighting as applicable. Page I of 5 Page 352 of 770 jw 'Me Links at Boynton Beach—Golf Cart Barn—Miscellaneous Improvements S. Repair and refinish and replacement of damaged/deteriorated structural elements as necessary(fascia's. columns,beams, etc.)similar to existing 9. Repair/refinish any disturbed areas(walls, asphalt parking/driveways)as required. 10. Rework existing cart wash and sand storage bins as necessary to accommodate new work. 11. Replace exiting mann door,frame and hardware at east side of the structure. 12. Install new spray applied waterproofing membrane over the existing metal roofing. 13. Install solar panels at existing metal roofing. 14. Replace existing window shaker a/c units with mini split system at the break room and bag storage areas. 15. Rework existing floor drains as necessary. 16. General clean-up painting of the entire structure. 17. Re-work floor striping as necessary for golf carts to coordinate with cart charging stations locations. 18. Conduct study/evaluation for the use/installation of solar panels at existing roof. Electrical/Structural evaluation. Florida Caribbean Architecture,Inc. (CONSULTANT)and its sub-consultants will provide Construction/permit documents for the miscellaneous improvements noted above. Services include the following: A, Preliminary Design]Design Development- Site visit to confirm scope of work and develop existing base and demolition/preliminary plans. B. Construction/Permit Documents-based on approved plans developed with the CLIENT,provide drawings, details, notes and specifications as required for construction/permit. C. Permitting Assistance-provide assistance to the CLIENT for permit submittal to the building department and respond to questions/comments from the Building Department D. Bidding Assistance-can be included as additional services if required by the(1 NJ: E. (oii.sii-uctiotilliia.y4,,Yertices cwybeincluded asadditioiialven,icesifi-eqiiit-edbyflie('LJILAll: No construction cost estimate is included. Tasks: Task A: Preliminary Design/Design Development- Conduct a site inspection/survey-all disciplines(measure,sketch and photographs)and provide(draw up)CAD base drawings(plans and elevations)of existing conditions and develop proposed demolition and new plans, section and elevations. (Existing drawings for this site/property are NOT available). 2. Review any existing documents/information provided by the CLIENT and analyze existing structural and electrical systems. 3. Based on initial/preliminary design information developed with the CLIENT,conduct building code research/analysis for wind load requirements, and research pre-fabricated metal building systems and canopy roofing systems available/compatible with existing conditions. Provide schematic design plans addressing the scope and extent of work to be completed and recommendations for metal structure and canopy expansion roof type to be installed. 4. Evaluate the use of solar panels at this facility(structural/electrical)and make recommendations for installation/use. 5. One review/coordination meeting,will be held with the CLIENT to review,revise and finalize the preliminary design layout. 6. Based on approved preliminary plans, provide further detailed architectural and engineering drawings for the miscellaneous improvements. General information for most architectural and structural engineering systems, will be conveyed, 7 One review/coordination meeting will be held with the CLIENT to review,revise and finalize the design development plans. Labor I Expenses: $5,950. Includes coordination with design team,CLIENT and one preliminary review meeting with the Building Department as may be necessary, Deliverable. Three(3)copies and pdf s of schematic design plans Page 2 of'5 Page 353 of 770 o The UnLs at Bo-%mton Beach—Golf Carl Bam—Miscellaneous Improvements Task B: Construction/Permit Documents: 1. Based on approved Design Development drawings,final drawings and notes/specifications for the purpose of Construction/Permitting of the improvements noted above will be prepared. All basic architectural and engineering(structural and electrical,Mechanical and Plumbing)details and notes will be finalized for the purpose of permit submittal and construction— 100%documents. • Structural scope includes: - Wind load calculations for canopy roofing system and expansion. - Foundations, floor slab, columns and roof framing design for new addition - Attachment recommendation for structural system to existing structure. - Evaluate potential impact and recommendation of installing proposed solar panels at existing roof. • Electrical scope includes: - Electrical lighting/power and load calculations. - Lighting and power design. - Rework of existing cart charging stations and new charging station locations. - Evaluation and recommendation for the use/Installation of solar panels. • Mechanical/Plumbing scope includes: - Mini split systems specification. - Floor drainage 2. One review/coordination meetings will be held with the CLIENT to review,revise and finalize the construction documents. Labor I Expenses: $9,400, Include coordination between disciplines and with CLIENT Deliverable: Five sets of documents,including three sets of signed and sealed documents(includes NOA for roofing) for permit submittal;electronic files of documents(pdf, format) Task C: Permitting Assistance: Assist the CLIENT with the preparation of permit applications and processing with the building department. It also includes responding to building department comments and revision of drawings as required. Labor/Expenses: $2, 100. Includes written responses to building department comments and signing and sealing of revised drawings for re- submittal to the building department as may be required Total basic Services: labor and expense(Tasks A,8,Q $17.450. SUB CONSULTANTS: Sub Consultants: 1. DCE, Inc. -(MEP) 2. Structural ADDITIONAL SERVICES: (if required) Task D. Bidding Assistance: Sto be determined 1. A.v.vi--;tthe CI-IP.A7')tilhthe Deiet(ipitteiiio.f hid package;attend one pre-hid mee.iiiig,-cc)t?fet*cilceivitiI CLIENT acrd prosix-efive bidderv. Assist the(YIEN Tin answering questions,prepare addendunts a.5 may he required. Task E., Comaruction Phase Smices: $,to be determined 1. Bidevaluations 2. Attend ties pre-ct)rtslri®ctivrr ec�lirrg 3. Attend bi-week4,site progress meetings or at intervals to be determined Page 3 of 5 Page 354 of 770 The Links at Boynton fkaeh—Golf Carl Berm—Miscellaneous Improvemenbi. 4. Re vieu,and process shop dra►vings, RFI°s, change orders C"id moldh1j,pay applications 5. Conduct substantial acrd final inspections Additional services beyond the scope of work or for changes due to actions of!he CLIENT will be pre-approved by the Owner and billed at the rates below- Schedule of Hou Rates., Principal $145 Project Manager $120 Architect $110 Engineer $110 Administrative Assistant $ 55 Reimbursable costs for additional services,in addition to the reimbursement for hourly rates above, client shall pay all usual and customary out-of-pocket expenses incurred by Florida Caribbean Architecture., Inc. Additional services not presently contemplated in this proposal will be scoped and priced separately under a subsequent Work Authorization amendment as appropriate,where so authorized by the CLIENT. Possible additional services may include: a) Any additional work not listed above b) Permit Fees c) Extension of Tasks A-C beyond that described herein d) Management of sub consultants associated with additional services e) Revisions to previously approved work 17) Communication system selection, specification or design Schedule: Florida Caribbean Architecture, Inc. shall commence services immediately upon authorization and complete tasks as indicated below fi-om receipt of"Notice to Proceed",not inclusive of any review periods required by the Owner. Task A: Preliminary design and design development 4-6 weeks Task B: Construction/permit documents 4-6 weeks Task C: Permitting (dependent on Authority Having Jurisdiction) Schedule delays which are beyond the control of FCA Inc. may require schedule adjustment to compensate for such delays. Assumptions- I I. CLIENT to provide drawings of existing building if available. 2- One bid package,no construction phasing or multiple bid pack-ages,no add alternates 3. No construction cost estimate is included. 4. Access to site for field inspection by the architect and sub-consultants shall be made available. 5. Any assessment or removal of hazardous or toxic materials shall be handled by others. 6. Any delays in schedule which are outside the control of Florida Caribbean Architecture,Inc.(including reviews and approvals)may constitute a change in schedule and require an amendment to the schedule herein, and may constitute additional services/compensation. 7. Florida Caribbean Architecture,Inc.'s and its sub-consultants liability for damages will, in the aggregate,not exceed the amount of the fee. This provision takes precedence over any conflicting provision of this or any document incorporated into it or referenced by it. In no event shall Florida Caribbean Architecture,Inc., its officers or any of its sub-consultants be liable for any incidental,indirect, special,punitive,economic or consequential damages,including but not limited to loss of revenue or profits, suffered or incurred by the Owner(s)as a result of flus agreement or Florida Caribbean Architecture,Inc.'s performance or non- performance of services pursuant to this agreement. 8. The standard of care applicable to Florida Caribbean Architecture, Inc.'s services will be the degree of skill and diligence normally employed by professional architects or consultants performing the same or similar services at the time Florida Caribbean Architecture,Inc.'s services are,performed. Florida Caribbean Architecture,Inc. will perform any services not meeting this standard without additional compensation. Page 4 of 5 Page 355 of 770 a a= The Links at Boynton Beach—Golf Cart Bum—Miscellaneous Improvements 9. The presence or duties of Florida Caribbean Architecture,Inc.'s personnel at a construction site,whether as onsite representatives or otherwise,do not make Florida Caribbean Architecture,Inc.or their personnel in any way responsible for those duties that belong to the Client or its Construction Contractor,or other entities and does not relieve the Construction Contractor or other entities from their obligations, duties and responsibilities, including but not limited to all construction methods,means,techniques, sequences,and procedures necessary for coordinating and completing all portions of the construction work. Florida Caribbean Architecture,Inc.'s personnel have no authority to exercise any control over any Construction Contractor or any other entity in the performance of the work or any health or safety precautions,and have no duty of inspecting,noting,observing, correcting or reporting on health or safety deficiencies at the site,except as related to Florida Caribbean Architecture,Inc.'s own personnel. Compensation for Services: (LUW SUM) RECAP: Lump sum Fees Tasks: Basic„Services-Design trough Permitting Assistance Task A:Preliminary/Design Development $5,950. Task B: Construction/Permit Documents $9,400. Task C:Permitting Assistance $2, 100. TOTALS $17,450. The total amount to be paid to Florida Caribbean Architecture Inc. by the CLIENT under this agreement for services shall not exceed the amount of Seventeen Thousand,Four Hundred and Fifty Dollars($17,450.00). Florida Caribbean Architecture,Inc.will invoice the Owner on a monthly basis as required for payment. We thank you for the opportunity to be of service to you on this project. Should you have any questions,please call (561)308-6694. APPROVAL OF SCOPE AND FEES City of Boynton Beach Florida Caribbean Architecture,Inc. — ............. Authorizing Signature Autliorizing Signature ... _. �_. Patricia E.,Slocomhe,, Printed Name Printed Name Title: Title:Vice President Date: Date: 10/26/18 Page 5 of 5 Page 356 of 770 p PURCHASE ORDER ' CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190512 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/29/18 VENDOR 14283 SHIP TO: TO: ANZCO, INC, City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72575 ORDERING DEPARTMENT: GM/JL ® ' DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13900. 00 DL PAINTING OF FIRESTATION #3 1. 0000 13900 .00 APPARATUS BAY 1. Fire Station #3 350.1 N. Congress Ave:..;: Scope of. Wo : ,; -Pressure wash.::metal`. ce 'la ng deck, and remove: all paint fresm: metal ce>ilirg. deck. -Pressure;:.wash metal conduit 'an.d:.. bar Ou-sts;ih eeilirg ar::ea -;A I twb::coats of. dryfall paint,, .:metal ocandtiits;;' bar joists and ceiling de :k: fipply rust convertor to. rusting areas :orn ;the Metal piping -Place protective plastic on the a:p paratus ;room -floor each morning and remove each evening. Surface .Preparatio:ri . . Pressure: :wash:.all.:surfaces., including met:al suzrf:aces . .Surface preparation. is t:he. respoisiblity: of the painting : : enntra:ct>o.r. The surface.s 'Will be prepared to industry gsaandards to achieve ood rsesult Ald Textured 4j1d 8t-u&co Area'.:: -All tr:ex.tured :wall areas.., both. extra .:coarse acid very coarse will be :pressure washed and.'pair3ted by "Power Roller" this .will insure all crevices will be properly coated. All windows in this arec-7—aill be maske jrior to painting. e PROCUREMENT SERVICES. 1& P.O. TOTAL: ACCOUNT NO. PROJECT 303-4127-522.62-01 FA1805 PURCHASING Page 357 of 770 5 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #; 190512 BOYNTON BEA P.O. BOX310 33425-0310 DATE: 11/29/18 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72575 ORDERING DEPARTMENT: GM/JL DATE NEEDED: BID N0: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST All Metal Areas in Ceiling -Remove all exi.sting, pao.i.nt from the metal ceiling and metal p�pyng -Apply rustP.Onvertor to rusting areas of the - metal: papi11 -Brii h all``bar }oasts with a: teea b:rusYi t remove ny. rust: ttom the surface twb..coats of: 'a. water based dyfall paint to the metal piping and bar joists. Apply two. coat; of dryfa 1 paint is he .entire, itetal :ceiling heck;: Tull. . Px.itrie paint arid' finish. coat walls Floors The floors wit::l be covered with a plastic. `, shee. .i:ngeach .day and removed: each evening to allow he: vehicles back into the apparatus room. ='Thewall cap on the ground floor area, will: be sanded and get a prime ;coating sa:ith Sherwin Williams Multipurpos;.e Enamel primer, two further ; coatings. of an exte ipr :acrylic enamel a t will . be ap:plied:.. REMARKS: PAINT FIRE S ION APPARATUS BAY PROCUREMENT SERVICES: �" 1 P.O. TOTAL: 13900.00 ACCOUNT NO. PROJECT 303-4127-522.62-01 FA1805 PURCHASING Page 358 of 770 t k PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190512 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/29/18 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72575 ORDERING DEPARTMENT: GM/JL DATE NEEDED: BID NO: m COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROPOSAL #101519 t PROCUREMENT SERVICES P.O. TOTAL: . . ®_ 2,4pti ACCOUNT NO. 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I WWI WUA W H W Z z a i ri V) H W az Page 361 of 770 r 9. CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1o.000 / G Requesting I e Explanation r Purchase: a urc ase Cc eck and attach backup materials)-: Three Written Quotations rGSA State Contract PRIDE/RESPECT APS Ole Source Piggy-Back Budgeted Item Emergency Purchase ether Contractr® NOTE: pricing proposal for purchase must be presented in the same detait contained within the wntract, Fund Source r r _ Approvals: e a nta ' r/ 6, ' Date Purchasing Agrrtr � � Date Asst City Manager Date City n r Date5--- _ Forma Revised 02/01/02 Page 362 of 770 d ' ZC 'N 9671 Carousel Circle South Boca Raton, FL 33434 Phone:561-488-0822 Fax:954-532-2624 Proposal Date: 10/15/18 revised 11/15/18 Proposal No.:101519 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL Attention:Gail Mootz Reference: Painting of Various Locations Dear Gail, We propose to furnish supervision, labor, materials and equipment. 1. Fire Station#3—3501 N.Congress Ave. Scope of Work4 • Pressure wash metal ceiling deck and remove all paint from metal ceiling deck. • Pressure wash metal conduit and bar joists in ceiling area. • Apply two coats of dryfall paint to all metal conduits, bar joists and ceiling deck. • Apply rust convertor to rusting areas on the metal piping. • Place protective plastic on the apparatus room floor each morning and remove each evening. Surface Preparation • Pressure wash all surfaces,including metal surfaces.Surface preparation is the responsibility of the painting contractor.The surfaces will be prepared to industry standards to achieve good results. All Textured and Stucco Area • All textured wall areas,both extra coarse and very coarse will be pressure washed and painted by"Power Roller"this will insure all crevices will be properly coated.All windows in this area will be masked prior to painting. All Metal Areas in Ceil__-mg • Remove all existing paint from the metal ceiling and metal piping. ...Pa9"3-..of-770., • Apply rust convertor to rusting areas of the metal piping. • Brush all bar joists with a steel brush to remove any rust from the surface. • Apply two coats of a water based dryfall paint to the metal piping and bar joists. • Apply two coats of dryfall paint to the entire metal ceiling deck Walls Prime paint and finish coat walls Floors • The floors will be covered with a plastic sheeting each day and removed each evening to allow the vehicles back into the apparatus room. • The wall cap on the ground floor area will be sanded and get a prime coating with Sherwin Williams Multipurpose Enamel primer,two further coatings of an exterior acrylic enamel paint will be applied. Cost of Project 13,900.00 Notes Floor is not in the scope.We will require a 26'scissors for the project,we will require that equipment to be parked each evening on the project. If "mere are anyqffestions,please do not hesitate to call ,✓ Since far W,'. k ._. -- Page 364 of 770 11/5/18 PROPOSAL Talley Walker Services Inc. LIC# CGC-060030 5208 Palm Way Lake Worth FL. 33463 561-719-3101 To: City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach FL. 33425 Att: Gail Mootz SUB: Fire Station 3 Painting of Garage Ceiling 3501 N Congress Ave. SCOPE OF WORK: APPARATUS BAY ONLY: • PRESSURE WASH EXPOSED DECK&ALL WALLS. • HAND SCRAPE&WIRE BRUSH CEILING AS NEEDED. • SPOT PRIME RUST WITH OSPHO. • PRIME EXPOSED DECK,PIPES&BAR JOISTS WITH KEM KROMIC PRIMER. • APPLY 2 FINSH COATS OF DRYFALL. • APPLY 2 COATS OF A-100 SATIN FINISH TO ALL STUCCO WALLS. • PREP,PRIME&ENAMEL 3 METAL SWING DOORS&FRAMES. NOTES.- WORK D URING OTES:WORKDURING NORMAL BUSINESS HOURS. • ALL FLOOR FINISHES BY OTHERS. • NO PAINTING OF OVERHEAD GARAGE DOORS. • COVER OVERHEAD DOOR CLOSERS& OVERHEAD LIGHTS WITH PLASTIC. • TWS IS NOT RESPONSIBLE FOR ALL WIRES, SENSORS, JUNCTION BOXES, ETC. GETTING WET. • PRE-WALK MUST TAKE PLACE PRIOR TO START OF JOB • NO GUARANTEE AGAINST RUST • MATERIAL FROM SHERWIN WILLIAMS PAINT CO. $149202.50 Total Price All work is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. Page 365 of 770 1i S e_'✓�Si®ecr 4 L e LL 1. iva'8 As PAINTING September 26, 2018 GARAGE CEILING PAINTING City Boynton Beach Fire station (03) 3501 north congress ave Boynton Beach, FL 33436 Email: Mootz bbfl.us SCOPE OF WORK IN SUMMARY A. CEILING(4,000 SQ.FT.): 1) Mobilize site and close and close area where work is taking place. 2) Pressure clean with turbo blast entire ceiling to remove loose paint. 3) Mechanically grind rusted areas then apply Rust inhibitor. 4) Prime any rust with Kern Kromick. 5) Apply one coat of primer. 6) Apply two coats of Sherwin Williams Dry Fall B42 Waterbourne Acrylic Flat. 7) Sweep area clean. CONDITIONS General: Hartzell will supply all materials, tools, and equipment necessary for the cleaning, preparation,sealing and painting of all surfaces specified. Hartzell will use the utmost care in the protection of the Client property including all balconies, screens, windows, walkways, shrubbery, parked vehicles, and any other property in the area; from paint and/or any other damage that might be caused during mobilization. Hartzell will be responsible for the rectification of any such damage and for the cleanup involved in the work outlined in this specification. Insurance & Licensing. Upon request, Hartzell will furnish suitable insurance certificates covering liability and property damage naming the Association Client additionally insured. Proof of Workman's Compensation coverage will be available. Policies shall be kept in force during the course of the service period. Hartzell shall further provide valid and required licenses necessary to operate in the appropriate county of work being performed. PHONE:954-957-9761 1` FAX:954-957-9766 t TOLL FREE:800-841-4859 2301 N.W. 33`d Court,Suite 112 Pompano Beach, FL.33069 e 366 of 770 Boynton Beach Fire station(03) GARAGE CEILING PAINTING 09.26.2018 Page 2 of 2 CONTRACT VALUE Please Initial Accept/Decline Garage ceilings(as shown in picture): Item 4: 4,000 SF x$3.50= $14,000.00 Accept Decline Item 15: 4,000 SF x$ .50= $ 2,000.00 Accept Decline Item 16: 4,000 SF x$ .65 x 2 coats= $ 5,200.00 Accept Decline NOTE:Prices are from City of Port St. Lucie unit prices per sq.ft.Section Vi. This proposal is subject to acceptance within thirty(30) days and is void thereafter at the option of Hartzell. TERMS The term "Final Completion" as used in this Agreement shall mean where the Association Client is satisfied that the work has been completed, any applicable municipality has given its final approval,and Hartzell's other obligations have been fulfilled. All payments for goods and services rendered are due upon receipt of invoice(s). Any invoice not paid within thirty (30) days shall be subject to interest at 1.25% per month. Delinquent accounts,those not paid in forty-five (45) days,that are sent to legal collections will require the Association Client to pay legal, attorney and paralegal fees in addition to amount due and interest. In addition, legal disputes under this contract of work will be filed with the Broward County Court System. Prevailing party of any litigation will be eligible to recoup court costs, mediation fees, legal& paralegal fees and any other fees related to the claim. This Agreement between Boynton Beach Fire station (03)and Hartzell Painting Contractors is accepted and agreed upon this _day of 2018. Boynton Beach Fire station(03) Roof Painting by Hartzell,Inc. By: (Signature) Leo Citrangulo (Title) Page 2 of 2 Gage 367 of 770 REQUEST FOR OFFICE ASSISTANCE FROM: ( <L 60 Date. A *PRIORITY/DATE NEEDED BY: ❑ Copy Work — Number of Copies: [Double-sided/Collated &Stapled/ ] Distribution: ❑ Type from the attached/transcription tape/email(to be forwarded upon request) ❑ Request for 121/Direct Pay Req. for the attached - Vendor or Person to be reimbursed: Account Number: - - - - Project No.. Request for Requisition - Vendor: AV—, G:v Account Number: 303 - 4127 - 5_22 Project No.: l � List Items w/Quantities& Unit Costs on the back of this request. ❑ Verbal Quotes($500 to$1,999): Vendor:— Cost: Vendor: Cost: Vendor: Cost: ❑ Written Quotes ($2,000 to$9,999.99)—Attached. ❑ Written Quotes($10,000 to $24,999)w/Purchases over$10,000 Form—Attached. ❑ Bid/City(Over$25,000): Bid # ❑ Bid/Other Entity(Over$25,000): Bid #, Bid Eff. Dates, & Bid Quotes—Attached. ❑ File As: ❑ OTHER: Special Instructions: Request completed by: - _ Date completed: `l /� J Please sign and return this form to the ffice Staffs Inbox; feel free to make any comments below. Page 368 of 770 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190514 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/29/18 VENDOR 17387 SHIP TO: TO: HATCHER CONSTRUCTION & DEVELOP City of Boynton Beach 710 W ATLANTIC AVE PUBLIC WORKS DEPARTMENT DELRAY BEACH, FL 33444 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72612 ORDERING DEPARTMENT: ENGINEERING/ALGA/GD DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST 1 127000.00 DL DESIGN/BUILD RESTROOM AT SARA 1. 0000 127000. 00 SIMS PARK COMMISSION APPROVED 11/2.0./18 RFQ. NO. .0-183-2.82.1 18/TT ALL T ABQR. MATERIALS; TOOLS:, EQUIPNlENT,: HARDWARE> SUPPLIES AND SUPERVISION TO:. :D:ESION/BTJILD TIDE RES']f'1tOOM AT AR SA SIMS PARK AS PRR THE. CI.F TCAT ION.S AND:.PLANS: REMARKS PESIGN/BUILD RESTROOM AT. SARA. SIME PARKS' TASK ORDER.` E 02: 20:19 PROCUREMENT SERVICES: rr P.O. TOTAL: 127000.00 ACCOUNT NO. PROJECT 302-4218-572.63-05 RP1820 PURCHASING Page 369 of 770 ® r 00 00 1 1 P4 I rl HI I 0 1 \ \ a l I a I H N W 1 1 W I N N >Lll I \ \ I I W(� H r-I 1 I ri H I I O I F O 0 ' I O O H I I W W ' zoo Oo 0 A A P. i HHH 0 0 O I I U,7U I N N W W 1 UEa z Zale H VOOZ a U W H W I I A waH xaoFo 1 Iwux1�U o z ap a cx r in M I �— W I I O W M 00 I .� y I I A M ao N I �� W zr� d I A AH I O O 1 >H I O Is z UlI O O I I p\ .Yi W O I I I O R: z H U 1 O O 1 1 O (� P. O W 0 0 1 i ' <YJ( F r r W U I N N Ul 1 N H i r rI W _ cn H F N r� z HH . o 4 � O HOi 0 -1 a 0000 z W U) 0U 1 o H 0 0 0 0 0 i 0 v' «. CII r H W i rI i EO+ EH-1 0 0 0 0 i H X >W.1 0 �i U 1 H O O kDO O Q F 1 H H Or Vl N 134 r-I I (.G FG O O I t:> N r Hd' 1 Lx 1 H W H r-I N r-1 i x N M Ix Ul W H a H [s+ PQ W 0 H v] z 'I Ix i A W A O W N rd z z �A r+ O O a y I o W W 0 r-I of Lx H a H F 1 O 1 i Z a s H Wm a H I O A H U H g'z 0 ( I O I U I W Ot W H W a I N W F H w WUi 5 w z z Ix AWA A v] H DI w rx� V1 z 22i W O H U H roil 0 U 0 H C07 H a a) vl FI rG A H 1 A 1 A H 1 a H HE-1 CY 114 WP�Ox I pGW m azF F i w C7 H H 0 Ix \ cn oarHiw M wo x cx WAV] U i FOz 00 a H 1 H \ Us W\ aH�4 Lx HUa] H a0 H\ E o0vzC1a0 w 2 P4 W 3 �rI\ ,U)cr)NZH Hw W U O o0 MHENHU H 14 ; aW '� aIXH F'a ' V nq P4 0 W 1 HD H HWWOH ui 'Zi '.� 1 UI O N Lx W r.G�C W U] 1 O W W 1 WP: m Wp zz M I W'CL N H Ul Ul O O 1 r 1 W 1 4 mzUU 1 N Z H 10-I i Az1:4 0 r-Iz= .. .. i 0 �C�FP0 Hao ^ O 6 H I MHO OME6HE 1 N 1 H U W 1 \Ul O �q WOHAE 0� H O H I zU] z cCHO N00 UN a C H a I 0H arxHmu 1 UO H O Ul I Ulx O< aWUlWO� �M 'a H W : WO N aOWNUul 01 A 1 AU w 4M44W l� W 124 I a x zap M aZ i ' Hri a Page,370 of 770 4 a k CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 0 Date: 11/21/2018 Requesting Department: PW-Engineering Contact Person: Gary Dunmyer Explanation for Purchase: Design/Build Restroom at Sara Sims Park Recommended Vendor Hatcher Construction &Development Dollar Amount of Purchase $127,000 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other FX 1 Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 302-4218-572-63-05, Project#RP1820 Approvals: Department Head Date 114040-- Purchasing AgentDate If ' '7 � Asst City Manager Date City Manager , Date / Form Revised 02/01/02 Page 371 of 770 a S ® > s ' 6 Form ��'Y r. r Give Form to the (Rev.November 2017) Identificationrequester.Do not Deparbnent of the Treasury Send to the IRS. Irdemal Revenue service Go to www.frs gov/FormWB for instructions and the latest informinformation. 1 Name(as shown on your income tax return).Name is required on this tine;do not leave this line _blank. HATCHER CONSTRUCTION&DEVELOPMENT,INC. 2 Business name disregarded entity name,ff different from above ro 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1,Check only one of the 4 Exemptions(codes apply only to 0o following seven boxes. a, certain entities,not individuals;sea c ❑ Individual/sole proprietor or ❑ C Corporation ❑S Co orationinstructions on page 3): a single-member LLC ❑ Partnership ❑Trust/estate of o Exempt payee code(if any) v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► ® Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting = ar LLC if the LLC is classified as a single-member LLrom C that is disregarded fthe owner unless the owner of the LLC is '£ code(d any) another d o LLC that is not disregarded from the owner for U.S.federal tax purposes.,Otherwise,a single-member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see instructions)► 0,Wa m aciowxs mei b*.d ouch me use ® .... --_�...... _.. . � 5 Address street,and apt,or suite no.)See instructions. Requester's name and address(optional) 1710 W Atlantic Avenue 6 City,state,and ZIP code - _ Delray Beach,Florida 33444 9 List account numbers)hero(option) HATC0006 �"�'��`e�;�, Tax a er Identification Number tN Enter your TiN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a ...... resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other -m - entities,it is your employer identification number(EIN).If you do not have a number,see Now to get a TIN,later. or Note:If the account is in more than one name,see the Instructions for line 1.Also see What Name and Employer Iderrt fication number Number To Give the Requester for guidelines on whose number to enter. ~ — �j- K6FJ, - 018 9 5 5 —11-8 8 --J �� 4� Cer'tification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)1 am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends;or(c)the IRS has notified me that I am no conger subject to backup withholding;and 3;1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA oode(s)entered on this farm(if any)indicating that I am exempt from FATCA reporting is correct. Certification Instructions.You must cross out item 2 above If you have been noted by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of Here U.S.person► Date► General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC noted. (various types of income,prizes,awards,or gross proceeds) Future developments.For the latest Information about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its Instructions,such as legislation enacted transactions by brokers) after they were published,go to www.frs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form °Form 1099-K(merchant card and third party network transactions) An individual or entity(Fort W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan Interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number °Form 1099-C(canceled debt) (SSN),individual taxpayer identification number QTIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number KnN),or employer Identification number Use Form W-9 only if you are a U.S,person(including a resident (EIN),to report an an information return the amount paid to you,or other information amount reportable on an Information return.Examples of alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Fornw-9(Rev.11-2017) Page 372 of 770 Greco-Arencibia, Adrianna From: Dunmyer, Gary Sent: Wednesday, November 21, 201810:41 AM To: Greco-Arencibia,Adrianna Subject: FW:CITY COMMISSION APPROVAL- DESIGN/BUILD RESTROOM @ SARA SIMS PARK Adrianna, Please process this Requisition too,see below, Gary Gary Dunmyer, MBA, P.E. - City Engineer n� Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 Boynton Beach, Florida 33426 h i 561-742-6231 DunmerG@bbfl.us y � ';�;;� Boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Triestman, Ilyse Sent:Wednesday, November 21,2018 8:54 AM To: Dunmyer,Gary<DunmyerG@bbfl.us> Subject:CITY COMMISSION APPROVAL- DESIGN/BUILD RESTROOM @ SARA SIMS PARK Good morning Gary— At the meeting last night, City Commission approved the subject project. I've attached the agenda item to this email for your ready reference. hit2s a endaintranet/CoverSheet aspx?ItemlD 4948&MeetinID=213 Please use this report,as well as the supporting documents attached to the agenda item for backup when submitting your requisition. We should already have an approved COI on file for them. Please let me know if you have any questions or need any further information. Happy Thanksgiving to you and yours. -I lyse 1 Page 373 of 770 Coversheet Page 1 of 1 7.A. BIDS AND PURCHASES OVER$100,000 11/20/2018 Y , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/2012018 REQUESTED ACTION BY COMMISSION: Approve Task Order No.E-02-2019-Design/Build Restroom at Sara Sims Park to Hatcher Construction &Development,Inc.,in the amount of$127,000 in accordance with the Pre-Qualified Vendors for Minor Construction Services Agreements. EXPLANATION OF REQUEST: At its meeting on August 7,2018(Resolution No.R18-104),City Commission approved Agreements with four(4)firms for various Minor Construction Services within the City.All four(4)firms were provided a scope of work,plans and schematics in order to submit a quote for Task Order No. E-02- 2019 for the design/build of a restroom facility at Sara Sims Park.All four(4)firms responded to the request and the tow offer was submitted by Hatcher Construction and Development,Inc.,in the amount of$127,000. In accordance with the Action previously approved by the City Commission on August 7,2018,as this Individual projects that exceed$75,000 will be brought back to City Commission for consideration of award. A purchase order will be issued for this task order. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This design build of the Sara Sims restroom furthers the City's initiative to revitalize the Sara Sims Park. FISCAL IMPACT: Budgeted The funds for this work is budgeted in account 302-4218-572-63.05(RP1820). ALTERNATIVES: Not award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description 13 Attachment Task Order Submittal-Hatcher Development ® Attachment Tabulation Sheet-Design Build Restrooms at Sara Sims Park ® Attachment Email adv to pre-qual contractors https://boyntonbeach.novusagenda.com/agendaintranet/CoverSheet.aspx?Iter ID=4948&... h�f/gAof 770 m . aZ, o n z q 3 3 v p m m m r W D D ro -0 m M m ;a m m -9 m 7� 3 �' � e � Ln to M � N = 0 -� V1 Vl CT ''.m z m 3 3 3 °° r) r 1+ rt = CL 'n p 4 TI 00 on W v D 0 z P49 UD CL 9 Q D. O � z W to n N O O p O p 7J � F+ lD -a a � r Z p C w W D v N D O w m m. a � mm Z F, cn xO z 00 G1 C� yzi rn `q -=0 Z m D C_ O D m r J5 O D m z r in -� D m '® v O O in � m S m Z D - O H � > � a 0 w d 0 3 3 E. G z � D Z gm f D m CL C O � ►� Z N N _ 7 V N Z W � O D m n 00 C -z-I -� m m � tri O �n PJ -{ a V 0 7 p a O 1- Page,375 of 770 m 7 omyvc� > -n�T S, 01 O D z a m p m 3�y0x � mRIM O a a 0 D A O Z `° --- w z 29 yO m Z 4y�7 R1 f9 v 0 n Ofp Z 0 a 0 y �m ZRrry' m W W> N o O ca C? F3 �-0 M a F-m o OD C L T cL 3 e V N A pl N =3 N IV S O v c e o � M m `� a 0 0 N O C m CD o - 3 z' a a W D u MID 4 to p a 11 � 'O �Q O a 2 � � m O o y o S & —3 ! — 3 a a 3 u I s V O O G, o g 0 �W a a m 0 �o - o 0 0 Page 376 of 770 Howard, Tim From: Triestman,Ilyse Sent: Monday, October 01, 2018 3:18 PM To: jzak@anzcoinc.com;JOSEPH PATALANO; info@hatcher-construction.com; info@republicconstructioncorp.com Cc: Dunmyer, Gary; Marmer, Eric Subject: ADVERTISEMENT TO PRE-QUALS- RFQ NO.018-2821-18/IT - DESIGN/BUILD RESTROOM AT SARA SIMS PARK Attachments: C4.13.pdf;E1.00.pdf,C6.00.pdf,C4.00.pdf;abridged geo report.pdf;TASK ORDER BID SHEET- DESIGN BUILD RESTROOM AT SARA SIMS PARK.xlsx Importance: High Tracking: Recipient jzak@anzcoinc.com JOSEPH PATALANO info@hatcher-construction.com info@republicconstructioncorp.com Dunmyer,Gary Marmer,Eric Good afternoon all! Please review the specifications and plans and provide a bid for the project according to the following instructions. The City of Boynton Beach is seeking a design/build for the Sara Sims restroom facility. Please submit a lump sum price on the attached bid form price for the design/build of the restroom,including all services, building pad, etc.to within 5 ft.of the building pads. Please also submit a schedule of values with your lump sum bid form. As part of this project,the awarded Contractor will be required to submit their building design to the City's Building Department for permitting. Please be aware that that the storage room between the men's and women's room will be used to house computer data storage devices that serve the security cameras, emergency call boxes and the site's Wi-Fi. SUPPORTING DOCUMENTS C4.00 Site Plan C4.13 Refer to Detail A. Restroom Building Schematic C6.00 Utility Plan E1.00 Electrical Plan Abridged Geotechnical Exploration Report dated April 5, 2018 as prepared by GFA International, Inc. TIMEFRAME FOR QUOTE • There is no pre-bid meeting;submit questions by OCTOBER 11,201812:OOPM to PURCHASING, in writing to: triestmani bbfl.us.The City is under no obligation to respond to questions received after the deadline unless we deem it in our best interest to do so. • Submit your ELECTRONIC BID FORM on or before OCTOBER 15, 201812:00PM to PURCHASING via email to: triestmani@bbfl.us. SPECIAL INSTRUCTIONS. 1 Page 377 of 770 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190515 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/29/18 VENDOR 15411 SHIP TO: TO: DELL FINANCIAL SERVICES, LLC. City of Boynton Beach C/O DELL USA L.P LIBRARY P.O BOX 534118 115 N. FEDERAL HWY ATLANTA, GA 30353-4118 BOYNTON BEACH, FL 33435 REQUISITION NO. 72625 ORDERING DEPARTMENT: LIBRARY - MIKENAUGHTON • ° DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13 . 00 EA OPTIPLEX 5260 AIO 1186. 1700 15420.21 2 3 . 00 EA OPTIPLEX 5060. SFF 1030.5900 3091.77 3 3 . 00 EA DELL 24 MONITCZR P2241H 177.7900 533 .37 4 3 . 00 EA DELL TEREpSOUNDBAR AC511M 32 .1200 96.36 �EMARI�S PEPLACE S'T'AFF COMPUTERS tTOTE #30:00031099614 1 s"1"AT`E CON-TRACT; .#WNO8A V CUs7OMER ,AGREEEMENT' ::#43211500-WSCA-15-ACS PROCUREMENT SERVICES: P.O. TOTAL: 19141.71 ACCOUNT NO. PROJECT 105-3221-513.64-15 �I PURCHASING Page 378 of 770 e m N e trl r-I � I I h m W I a N o r•I N H I I U I H Oo H m w H FC P4 , I I N 0 Lin Q Q I I W IIn M 01 'I P4 I I U) , H �-I z I HU 1 u W H I �" q W , +� Wa , �1 � w I z Q I aP8 r-,, I z Ln I WH o 0 0 0 O O O M O U W oI I I O O O O r H H U 1 O H M l0 H I I O O O O p: W cr O H Ln H H H 1-i W v m m W O H .ti U HFI o 0 0 0 •• 01 0 � z ,n HCA 1 0 0 0 o a o p 0 oU H Ln UA I- H F 0 r- FC N H W <\ W I 10 O [� NH F H I H O rr.{ M H VI 1 H O Q Q I H 01 I U) a H W H CL 0 rH H P4a i CL E W E- m U 1 b 1 0 10 U F z �w H QD w w w w w z w h w 0 0 4 >+ i o 0 0 0 z n H rxF E 1 0 0 0 0 Q H a E a WH 1 H a RS F 1 M M M M , W I W FCW O rI F W 01 W W 01 1 i W H H W Wa > W z z Wfx q w W i q U] �Z U H x0 W u z � Hw � " z z z z H ari)a al w w w w H N E z z m a a a a H r I HHHEHHHH '.7 O z xzoz�zxz a w awawawaw w o H 0W 0 ow ow aa a a x f4 94F IX 124 AHQH HQH P4 a U U) U) a Ua) U) �ryi 1 ''N � ••J+ I Ni a s a ry a U lH0 "Y I m rn Q Cn Q to Q Ul 1 w w w w rC4 In z D4 ai a y1 pH •Ji ,n 0 r OP: 0P: FOPS I Ix IxPxIxIli %(X H w .NO 30 3o Hyo 1 wwwwwwww "d F H F H E zFzHzFzE rx H 1 L21H 41H IsH In L21H 1 H'q H'F7 H'q H'-7 W X 1 z z x z u z 1 x a x w x a x a ul 1 N a0 mao 4040 I UXUXUXUz 3H I I Qx Q HQx QX I OU0000O 1 a U 0 W 1 FL4s � 'IN' Pd� % i 0 A I wa wa awa �wa , m m o�r4 w�r44� I i a Q i�(4 If1 m m Ln N0 r-I o H H HaE r-4aH 124 El n'�iiaF 1 r-I H H H zN w xz W E z 0'Ez i�Xz 1 d' W [N W •. a a 0 00 00 000 000 1 ,p m 0 0 w Ur-) kD FUU U)UU 1 m m m M H o H M o Zi I N •• •• .. .. H 0 W DZQ H O 1 mH0 m>1Q 9+0 >+A i E-1H r-i � x mU) z H H I EO HO SHO aF0 1 N N N N O H I }CHx >GHE Ham, wH� 1 WN N N N O Ji U1 ',� W H a i WQ:E: WAE -IV qx P m x om m m m U UN a H o H I 000 900 NOO woo Um m m m fd� W Q H 0 aI aXU aSU XU xU UO 0 0 0 z �4 tF) z U] U I H H?�..m I-a�m a•�•.m 1 a'H H ri H O 11 R H H O u) I FO EOp aOp aOA 1 a H Q 1 004 Um mum QUrn QUv ) m U E u H P4 U x H w I W H N O a M Z% I H N m W HM 1 HH N M -0 14 zH0 a ca 0U rn Page 379 of 770 00 OD I \ \ I Lr N1 I N O I \ \ I r-I N I r1 r I I W W I F F I q q I y-I I [Q I I a I w I I H I a I w I q I I I 1 I U I a I a I CnI I w I U I H I I a I W I E I I H U I L N kD z N H O C!1 I O a a o W a O F W o p q a I w 0 rl I Zi � Ifl I W � I H aH F am H a w W 0 I a 041 w W W 0 a qw I a q I w w I � F I w w Hw a cna W 0 I F I I q z I z x I (7 1 a I H z I 3 1 w � � H I I I I I H I a I awl I o I Q1 m W u, H H m a a a I •• �r �C m (•1 z • z >4M CD W 0 W 3a H H xw a H 0 u. o9x a H a z w4 a o 44 F z oza� a H I H zF o m a Ind Az I W r-10 w a ri c� Page 380 of 770 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 11/27/2018 Requesting Department: LIBRARY Contact Person: MIKE NAUGHTON Explanation for Purchase: REPLACING OLD STAFF COMPUTERS .'Recommended Vendor DELL Dollar Amount of Purchase $19,141.71 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: WN08AGW NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: STATE AID FUNDS: 105-3221-513.64.15 Approvals: Department Head (4 _ Date 7�'/ Purchasing Agent Date �i 7 Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 381 of 770 Sales rep:Mike Appl 13000031099614,1 DOLLEMC A quote for your consideration! Total: $19,141.71 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: Quote date: Quote expiration: Deal ID: 3000031099614.1 Nov. 21, 2018 Dec. 21, 2018 16861234 Company name: Customer number: Phone: CITY OF BOYNTON BEACH 861622 (561) 742-6070 Sales rep information: Billing Information: Mike Appl CITY OF BOYNTON BEACH Mike_App(@Detl.com P 0 BOX 310 (800)456-3355 100 E BOYNTON BEACH Ext: 7250424 BLVD BOYNTON BEACH FL 33425-0310 us (561)742-6070 Pricing Summary Item Qty Unit Price Subtotal OptiPlex 5260 AIO 13 $1,186.17 $15,420.21 OptiPlex 5060 SFF 3 $1,030.59 $3,091.77 Dell 24 Monitor- P2419H 3 $177.79 $533.37 Dell Stereo Soundbar-AC511M 3 $32.12 $96.36 Subtotal: $19,141.71 Shipping: $0.00 Environmental Fees: $0.00 Non-Taxable Amount: $19,141.71 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $19,141.71 Special tease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 0 2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, TX 78682. Page 382 of 770 . , Sales rep:Mike Appl 1300003/0996141 Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors ordesire certain changes please contact meausoon aspossible. Regards, M(ke4ppi 0rderthisquoteeasih/onUnethrnughyourP[!�MjeIJp�jg��' nrifyoudonothavePvemier, udng0u��_toL0Id�[ Shipping Group I Shipping Contact: Shipping phone: Shipping via: Shipping Address: NUKENAUGHT0N (561) 742-6399 Standard Delivery 20855EA[REASTBLVD D0YNT0N8[ACH FL 33435 Us SKU Description Qty Unit Price Subtotal OpdP|ex5260/AQ 13 $1.18*.17 $15'420.21 Estimated delivery date: Dec. 12,208 Contract No: YYNV0AGYY Customer Agreement No:43z115O0'wSCA45'ACS 210'm}DL OptiPiex5260A0CTO 13 338'80cx Intel Core i5'85U0 (6[ones/9M8/bT/upto4.1GHz/65VY); 13 supports Windows 10/Linux 619'AHKN Win 10Pro 64English, French, Spanish 13 030'AAPK No Productivity Software 13 370'Aozp 16GD1X10GDDDR426660HzNon-ECC 13 340'4a|G SSD asfirst boot drive 13 400'AN*Yv N\.Z%5hG85ATAClass 20Solid State Drive 13 77*ouoJ Screw for M.2SATASSD 13 401'A4NH NoAdditional Hard Drive 13 490'uapa Intel Integrated Graphics, DeK0pdPtex 13 555'8E8] Intel YVinebess'AC958O' Dual-band Ix28Ol.11acYYi'Fiwith 13 W\U'M|A6O + B(uetooth5 555'oEnx Intel Wireless 9560 2x2 vPno Driver 13 }lp'on*Z 520OA021.5'FHD19IOx1O8UIPS Non-Touch 4nti-Giane' 13 Page C 2014 Dell Inc. U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, Tx 78682. Page 383 of 770. Sales rep:Mike Appl(3000031099614.1 Camera, Integrated Graphics, Bronze PSU 580-ADJC Black Dell KB216 Wired Multi-Media Keyboard English 13 275-BBBW Black Dell MS116 Wired Mouse 13 325-BCZQ No Cable Cover 13 379-BBCY No Additional Cable Requested 13 817-BBBC Not selected in this configuration 13 452-BDEK OptiPlex All-in-One DVD+/-RW enclosed in Height 13 Adjustable Stand, 5260 All-in-One 525-BBCL SupportAssist 13 640-BBLW Dell(TM) Digital Delivery Cirrus Client 13 658-BBMR Dell Client System Update (Updates latest Dell 13 Recommended BIOS, Drivers, Firmware and Apps) 658-BBRB Waves Maxx Audio 13 658-BCUV Dell Developed Recovery Environment 13 658-BDVR On Board Driver, OptiPlex 5260 AIO 13 620-AALW OS-Windows Media Not Included 13 387-BBLW Energy Star 13 391-BBPC OptiPlex All-in-One Non-Touch Panel 13 340-ABJI No Diagnostic/Recovery CD media 13 817-BBBB No FGA 13 429-ABGY No External ODD 13 650-AAAM No Anti-Virus Software 13 632-BBBJ CMS Software not included 13 329-BBJL TPM Enabled 13 450-AAOJ System Power Cord (Philipine/TH/US) 13 389-CGBB Intel Core i5 Processor Label 13 389-BCGW No UPC Label 13 340-AGIK Safety/Environment and Regulatory Guide (English/French 13 Multi-language) 461-AABF No CompuTrace 13 Page 3 ©2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, TX 78682. Page 384 of 770, Sales rep:Mike Appi 13000031099614.1 332-1286 US Order 13 610-BBXZ Flexible Catalog Config 01, OptiPlex 5260 AIO 13 340-CDZI Documentation,MUI, OptiPlex 5260 13 389-CXIB Regulatory Label, Non Touch, OptiPlex 5260 13 340-CHGC Ship Material for OptiPlex All-in-One DVD+/-RW enclosed 13 in Height Adjustable Stand, 5260 Alt-in-One 631-ABRN Intel Standard Manageability 13 409-BBCF No Intel Rapid Start or Smart Connect 13 800-BBIO Desktop BTO Standard shipment 13 997-8533 Dell Limited Hardware Warranty Plus Service 13 997-8603 ProSupport Plus: Accidental Damage Service, 4 Years 13 997-8613 ProSupport Plus: Keep Your Hard Drive, 4 Years 13 997-8623 ProSupport Plus: Next Business Day Onsite 4 Years 13 997-8643 ProSupport Plus: 7x24 Technical Support, 4 Years 13 365-0896 Client ProSupport Plus Asset Label without Company Name 13 377-8262 CFI,Information,VAL,C HASSI SD EF,Factory Install 13 SKU Description Qty Unit Price Subtotal OptiPtex 5060 SFF 3 $1,030.59 $3,091.77 Estimated delivery date:Jan. 2,2019 Contract No:WN08AGW Customer Agreement No:43211500-WSCA-I5-ACS 210-AOJZ OptiPlex 5060 Small Form Factor CTO 3 338-BNZW Intel Core i7-8700 (6 Cores/1 2MB/1 2T/up to 4.6GHz/65W); 3 supports Windows 10/1-inux 619-AHKN Win 10 Pro 64 English, French, Spanish 3 630-AAPK No Productivity Software 3 370-AEBG 16GB 2X8GB DDR4 2666MHz UDIMM Non-ECC 3 400-AWFO 3.5"50OGB 7200rpm SATA Hard Disk Drive 3 401-AANH No Additional Hard Drive 3 490-BBFG Intel Integrated Graphics, Dell OptiPlex 3 Page 4 @2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, TX 78682. Page 385 cif 770 , Sales rep:Mike Appl 3000031099614.1 325-BCXP ODD Bezel, Small Form Factor 3 429-ABFH 8x DVD+/-RW 9.5mm Optical Disk Drive 3 385-BBNF Media Card Reader 3 555-BDZU Intel Wireless-AC 9560, Dual-band 2x2 802.11 ac Wi-Fi with 3 MU-MIMO + Bluetooth 5 555-BDZY External Wireless Connectors and Antenna 3 555-BECT Intel Wireless 9560 2x2 vPro Driver 3 492-BBFF No PCIe add-in card 3 329-BDRI OptiPlex 5060 Small Form Factor with 20OW up to 85% 3 efficient Power Supply (80Plus Bronze) 580-ADJC Black Dell KB216 Wired Multi-Media Keyboard English 3 275-BBBW Black Dell MS116 Wired Mouse 3 325-BCZQ No Cable Cover 3 379-BBCY No Additional Cable Requested 3 817-BBBC Not selected in this configuration 3 575-BBBI No Integrated Stand option 3 525-BBCL SupportAssist 3 640-BBLW Dell(TM) Digital Delivery Cirrus Client 3 658-BBMR Dell Client System Update (Updates latest Dell 3 Recommended BIOS, Drivers, Firmware and Apps) 658-BBRB Waves Maxx Audio 3 658-BCUV Dell Developed Recovery Environment 3 658-BDVO Software for OptPlex Systems 3 620-AALW OS-Windows Media Not Included 3 387-BBLW Energy Star 3 817-BBBB No FGA 3 461-AAEE Chassis Intrusion Switch SFF 3 575-BB" No Hard Drive Bracket for Small Form Factor, Dell OptiPlex 3 650-AAAM No Anti-Virus Software 3 658-BBTV CMS Essentials DVD no Media 3 Page 5 ©2014 Dell Inc. U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, 7X 78682. Page 386 of 770, Sales rep:Mike Appl E 3000031099614,1 329-BBJL TPM Enabled 3 450-AAOJ System Power Cord (Philipine/TH/US) 3 551-BBBJ No Intel Responsive 3 389-CGBC 8th Generation Intel Core i7 Processor Label 3 389-BCGW No UPC Label 3 340-AGIK Safety/Environment and Regulatory Guide (English/French 3 Multi-language) 461-AABF No CompuTrace 3 332-1286 US Order 3 610-BBXX Flexible Catalog Config 01, OptiPlex 5060 SFF 3 340-CDZF Documentation,English,French,Dell OptiPlex 5060 Small 3 Form Factor 429-ABGY No External ODD 3 389-CXHV SFF EPA Regulatory LBL for Mexico 3 340-CDWZ Ship Material for OptiPlex Small Form Factor 3 389-BBUU Shipping Label for DAO 3 631-ABRK Intel Standard Manageability 3 492-BCKH No Additional Video Ports 3 800-BBIO Desktop BTO Standard shipment 3 804-9043 Dell Limited Hardware Warranty Plus Service 3 804.9091 ProSupport Plus: Accidental Damage Service, 3 Years 3 804-9092 ProSupport Plus: Keep Your Hard Drive, 3 Years 3 804-9093 ProSupport Plus: Next Business Day Onsite 3 Years 3 804-9094 ProSupport Plus: 7x24 Technical Support, 3 Years 3 365-0896 Client ProSupport Plus Asset Label without Company Name 3 377-8262 CFl,Information,VAL,CHASSISDEF,Factory Install 3 SKU Description Qty Unit Price Subtotal Dei{24 Monitor-P2419H 3 $177.79 $533.37 Estimated delivery date: Dec. 12, 2018 Contract No: WN08AGW Page 6 ©2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, TX 78682. Page 387 of 770 Sales rep:Mike Appl 3000031099614.1 Customer Agreement No:43211500-WSCA-I5-ACS 210-AQDX Dell 24 Monitor- P2419H 3 814-5380 Dell Limited Hardware Warranty 3 814-5381 Advanced Exchange Service, 3 Years 3 SKU Description Qty Unit Price Subtotal Dell Stereo Soundbar-AC51 IM 3 $32.12 $96.36 Estimated delivery date: Jan. 6,2019 Contract No: WN08AGW Customer Agreement No:43211500-WSCA-I5-ACS 520-AAOT Kit- Dell Stereo USB SoundBar AC511M for PXX19 lit UXX19 3 Thin Bezel Displays- SnP Subtotal: $19,141.71 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $19,141.71 Page 7 ©2014 Dell Inc.U.S.only.Deli Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, 7X 78682. Page 388 Qf 770 Sales rep:Mike Appl(3000031099614.1 Unless you have a separate written agreement that specifically applies to this order, your order is subject to Dell's Terms of Sale (for consumers the terms include a binding arbitration provision). Please see the Legal disclaimers below for further information. Important Notes Terms of Sate Unless you have a separate written agreement that specifically applies to this order, your order wilt be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell, at your request: Dell's Terms of Sale (www.dell.com/Learn/us/en/uscorpl/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dett.com/returnpoLicy) and Warranty (for Consumer warranties ; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer;Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell-branded application software is subject to the Dell End User License Agreement - Type A (www,dell.com/AEULA) and use of the Dell-branded system software is subject to the Dell End User License Agreement - Type S www.dett.com/SEULA). If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the terms and conditions located at https://mozy.com/about/legal/terms. If your purchase is for Boomi services or support, your use of the Boomi Services (and related professional service) is subject to the terms and conditions located at https://boomi.com/msa. If this purchase is for (a) a storage product identified in the DELL EMC Satisfaction Guarantee Terms and Conditions located at http://www.emc.com/coltaterat/sales/deItemc-satisfaction-guarantee-terms-and-conditions_ex-gc.pdf("Satisfaction Guarantee") and (ii) three (3) years of a ProSupport Service for such storage product, in addition to the foregoing applicable terms, such storage product is subject to the Satisfaction Guarantee. You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms wilt be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your Po, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax-exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be Listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. Page 8 ©2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, TX 78682. Page 389 of 770 Computer Equipment, Peripherals, and Services/Alternate Contract Source/State Contr... Page 1 of 2 Skil to_.Main Content Department of Management Services Florida Derartment....of Mana_rement Services > Business Ouerations > State Purchasimq > State Contracts and Arireements > Alternate Contract Source > Computer Equipment, Peripherals, and Services Return Computer Equipment, Peripherals, and Services3211500- SCA-1 - AC Contract Details Effective Period 09/30/2015 through 03/31/2020 1 Contract Type Alternate Contract Source • Contractors • Pricing Contract Information Product Cate ories How to Use This Contract Employee Discounts Master Acireements Contract Documents Particiratinc Addenda Amendments and Memorandums • Christocnher McMullen Contract Admi Computer Equipment, Peripherals, and Services/Alternate Contract Source/State Contr... Page 2 of 2 Lerm.s; and Conditi ns I LrivLac- -,y—Staat�LLntnt /-`cessil�±!iiy 5taternent I C-'opyIright (( 2018 Department of Mariagefnent .Sei viccs StaLe of Florida Page 391 of 770 . httDs://www.dms.n-ivflorida.com/business operations/state purchasing/state contracts and... 7/24/2018 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No: MNWNC-101 Dell Marketing LP And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and Dell Marketing LP ("Contractor") are collectively referred to herein as the "Parties."All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted My Florida MarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency 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, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor Page 392 of 770 shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 CONTRACT MANAGER. Ill. Annual Appropriation. The Participating Addendum is amended to add the following: Pursuant to section 287.0582, F.S., if the ACS binds the State or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. IV. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library- archives/records-management/general-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. VI. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. ContractorParticipatin Addendum Contact Name Katherine Duna Address One Dell Way, Mail Stop RR 1-33, Round Rock, Texas 78682 Tele hone 512-723-0818 Fax 512-283-9092 E-mail Katherine Duna^ Dell.com Page 2 of 3 Page 393 of 770 tri. 1'n n$.-. fs Address Florida Department of'Vianag m nt SeMcas p 4qO E:p a`rade!t V,�tto X60,Tal§C hassqt, F-L 32399-0950 :1�!�p!lone 850,414-6740 [.fF ,: I 04-1, - 331 -t'nsil 1 J rlem _�� s€€� r s r' it s.rtty'tor coni State o1'Florida, DOI W nhcedng E_p :-� F I Name: Erin Rock I'Mu. Chief ofStaff Date: k _ ._._.�_a v.� Date.- page ate:Page 2,of a Page 394 of 770 *F STATE OF MINNESOTA Materials Management Division 112 Administration Building ` 50 Sherburne Avenue :P :DEPARTMENT:OF ADMINISTRATION St.Paul,MN 55135 low Voice: 651.296.2600 Fax:651.297.3996 I MINNESOTA SCA-NASP® MASTER AGREEMENT AWARD WITH DELL MARKETING L.P. FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services) To: Dell Marketing L. P. CONTRACT NO: MNWNC-108 One Dell Way ' $ Mailstop 8� Rrtl-33 LP�G1�! Round Rock, TX 78682 '.�,2/.0//,CONTRACT PERIOD: April 1,2015,or upon final Contract Vendor Administrator: Diane executed.signatures, VVigington whichever is later .Email: Diane Wigington(cD-dell.com THROUGH March 31,2017 Phone:(512)728-4805 ' EXTENSION OPTION-. 'UP TO 36 MONTHS You are hereby notified that your response to our solicitation,which opened January 31,2014,is accepted. The following documents, in order of precedence,are incorporated herein by reference and constitute the entire Contract between you and We State: 1.A Participating Entity's Participating Addendum ("PA")A Participating Entity's Participating Addendum shall not diminish,change,or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.;2. Minnesota WSCA-NASPO Master Agreement(includes negotiated Terms and Conditions);3: The Solicitation;and:4.the Contract Vendors response to the Solicitation;These documents shall be read to be consistent and complementary.Any conflict among these documents shalt be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. DELL MARKETING L.P. 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)-have In accordance with Minn.Stat 16C 3,subd_3. executed this Agreement on behalf of the Contractor as required by a i e art c! bylaws,re so tic s,or ord'nances. Stephanie G.Miller Tice: Master reerner to rninistra Tine: Contract Manager hq&n II Kan Date: Date: By _..__.® 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Title: Original si I.1e � Date: w Date: MAR 0 3 2015 By Lucas J. Jannelf � I 1 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. j I Page 395 of 770 . 6.G. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve the "Monarcha" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Monarcha" The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit(LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 396 of 770 ATTACHMENTS: Type Description D Attachment Monarcha Plat and Survey Page 397 of 770 0 � ( 1 QUp Mel l a \ NO s6alfii�,I" a vO Q� W UO w rF Z 4, Q O q�0 =g � v-Z Q Q itQii T� $ ft r-` 5k �,p :{y F'! f $ 5y� ifta Rl �4 lgl No 11 1 ape �o UZ O �e O I� a gq RN'OONR RA NO yes tu�mu U tk o e v,4 jin Zj4� lZY1tS N18 T9N 1 ,tg.tiQ W o� 4 c5e rl u yp P �Rm 8 '' ........... ................ ........... .................- AOlr-GV (£R a)vd >00a IV STS7 e7 all jHW RIG MN ha v,1"vUl cc ,Z,co F t ------�— P-1 �� _ � I I � � �it o�I i o II ul CC 6Z'kg 'Q to 19967 ———————--- —– -v Joy& —W- LMIS uLa AIN 9107 910-7 V-7d) V-�v1soo 6 im t5 I 11107 a 107 L 2� w R4, Aaary Y S7-v (fR--Dvd y 1 ) IV, tie o 6g, �V+ 11,211 M -M law Abw h1 N LP 6--AJ" h 11 oR pi S m L 6 I 111V Ci) IN I'd im Or �aM�Nl 0'M "-g yt 1VkJ) VTZ39 VLSOJ -0-7 6107 a 107 6.H. CONSENTAGENDA 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meetings held on November 20th and December 4th, 2018. EXPLANATION OF REQUEST: The City Commission met on November 20 and December 4, 2018 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 11-20-18 D Minutes Minutes 12-4-18 Page 401 of 770 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, NOVEMBER AT 30 AT THE INTRACOASTAL PARK 20, 2018, • P.M. CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA Steven B. Grant, Mayor Lori LaVen iere, City Manager Christina Romelus, Vice Mayor Shana Bridgeman, City Attorney Justin Katz, Commissioner (arrived 7:06pm) Judith A. Pyle, City Clerk Mack McCray, Commissioner 1. OPENINGS A. Call to Order Vice Mayor Romelus called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Vice Mayor Romelus. Roll Call City Clerk Pyle called the roll. A quorum wasp sent. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested items 2.13 and 2.0 be moved to New Business Items B and C. Commissioner McCray added three items under Announcements: Library Food Drive, the partnership between the Fair Housing of Palm Beach County and would like staff to speak about the meeting at Carolyn Sims Center for December 3, 2018. Mayor Grant indicated he would like to add an Announcement for the Garden Club. 2. Adoption Motion Vice Mayor Romelus moved to approve the agenda as amended. Commissioner McCray seconded the motion. Page 402 of 770 Meeting City Commission Boynton Beach, Florida November 20, 2018 vote The motion unanimously passed. 2. OTHER A. Informational Items by Members of the City Commission Commissioner McCray met with Chief Gregory and representatives of Village Royale on the Green. Advised they had an excellent meeting and developed a partnership. Pointed out this group does a lot for this City and needs to be recognized. Attended the Veteran's Day celebration. Mayor Grant thanked Commissioner McCray for his attendance at the Veteran's Day Celebration. Vice Mayor Romelus pointed out some historic events in Palm Beach County. Mack Bernard has been elected as Mayor of Palm Beach County as well as Vice Mayor Dave Cemer. Mayor Grant attended the Palm Beach County Transportation Planning Agency (TPA) training meeting on October 18th. October 19th Mayor Grant's dog Daisy passed away. October 22"d met with Don Kolodz, Senior Vice President of Discover the Palm Beaches. October 24th attended the Florida Redevelopment Association (FRA) conference in Fort Myers. October 251h Mayor Grant was the key note panelist addressing housing in Boynton Beach. October 27-28th attended Pirate Fest. Mayor Grant won the Bill Tome Golf tournament for civilians. October 29th met with representatives of Memorial Healthcare system opening a hospital in Wellington, also known as the Joe DiMaggio Children's Center. Met with Connect to Greatness. Thanked Texas Roadhouse for hosting the Tip a Cop event. They donated a portion of their proceeds to the City of Boynton Beach Police Department.Attended the South Central Regional Wastewater and Treatment and Disposal Board (SCRWTDB)meeting. October 30th attended Discover the Palm Beaches annual event and toured the new Venture X in Palm Beach. October 31 st attended the Community Green tour in Delray. Mayor Grant requested the Community Green item be placed on Future Agenda. Discussed the Green Business program with Rebecca Harvey, Sustainability Coordinator and Colin Groff, Assistant City Manager. Attended the City of Boynton Beach Special Commission meeting. November 6"'attended the National League of Cities meeting in Los Angeles. Toured the port in Los Angeles. Reviewed their new Blue job incubator. Explained the City has repurposed a 60,000 square building which allowed a public/private partnership. Met with Los Angles Mayor Eric Garcetti at the Mayor's mansion. Attended some great classes. Evaluated a great redlining display. November 13th attended End Homeless breakfast at the Lord's Place. Attended the Healthier Boynton Beach 2nd Annual Care Giver's event. Commended Richard Petty for a wonderful job he was doing providing resources to those affected with homelessness. November 15th attended the South Tech summit. Announced it was amazing to see what was happening at the school. Stated South Tech was moving to Page 403 of 770 Meeting Minutes City Commission Boynton Beach, Florida November20, 2018 Odyssey in unincorporated Boynton Beach in 2020. Met with an Opportunity Zone Fund Manager. He thanked David Scott, Director of Economic Development for Boynton Beach regarding the districts being incorporated into the Opportunity Zones. Requested a special meeting for business and residential owners to address new investment vehicles available. Attended the demolition of the old City Hall building. Thanked Colin Groff and Eleanor Krusell for hosting a wonderful demolition party. Attended the Jurist of the Year ceremony for the Palm Beach County Trial Justice Association.The recipient of the award was Justice Barbara Pariente. Justice Pariente was no longer able to serve because of her age. Noted this rule on age limit has been rescinded. Attended the 1st annual career day for Boynton Beach High School. Encouraged seniors to attend the Commission meetings. Inquired what can be done to open internships for the local high school students. November 17th attended the Caridad Center event in unincorporated Boynton Beach. Attended Steve Abrams farewell party and congratulated him on his new job as the South Florida Regional Transit Association Executive Director. November 20th attended Pure-age hosted by the HATT Foundation, and handed out over 2000 turkeys for Thanksgiving. Attended a meeting with a young student from Oxbridge Academy which had empirical evidence of the damages and dangers of septic systems. Because of trace elements of ibuprofen in the waters the student was able to determine the increased level of nitrogen was coming from the septic system. Mayor Grant indicated he hoped the new representative would create new legislation to force homeowners to move away from septic systems. Vice Mayor Romules suggested the Mayor meet with David Scott and bring forward a presentation on options for local businesses. Mayor Grant agreed. Commissioner Katz had no disclosures. B. Make an appointment to fill the vacancy existing in Commission District 4. (Item heard under New Business) C. Swear in the newly appointed Commissioner. (Item heard under New Business) 3. ANNOUNCEMENTS, COMMUNITY& SPECIAL EVENTS & PRESENTATIONS A. Presentation by Joe Russo founder of"The 1909". Joe Russo, Executive Director of the Palm Beach Tech Association, stated the community initiative °1909'° was named because Palm Beach County was founded in 1909. Their group identified four gaps responsible for business failure: affordable workspace, consistent mentorship, business education, access to capital. 1909 goal was to bridge those gaps and work with local governments and other non-profits. Working together they can create a foundation for businesses to succeed. Page 404 of 770 Meeting Minutes City Commission Boynton Beach, Florida November20, 20118 Mr. Russo explained the four stages of the program from focusing, directing, competition to the final goal to having their own business. Explained the accelerator program which help and engages entrepreneurs to bring their ideals into focus and reality through education, mentorship and micro financing. Noted the Kauffman foundation named South Florida as number one in startup business activity. Explained 1909 provided monthly membership which was based on the co-working program. Provided the different types of memberships such as the Office membership forthose star-up and for small companies that need a dedicated private office. Mr. Russo stated he was hopeful to serve Boynton Beach. Vice Mayor Romelus requested information for residents wishing to receive additional information. Mr. Russo responded the resident are able to visit the website. Commissioner McCray inquired if the City signed up with 1909. Mr. Russo responded no. Commissioner McCray requested the City logo be taken off of the presentation, until such time the City of Boynton Beach becomes a client. Please stop using the Boynton Beach logo. Mr. Russo stated this was done as a presentation. He will make sure the City logo was taken off of future presentations. B. Presented the Park Rangers to the Commission Wally Mayors, Director of Parks and Recreation stated the Park Rangers have been hired. Explained the City needed to bring on a few more Park Rangers. Wayne Carrels, Park and Recreation Crew Leader explained the residents around the parking lots are appreciative of a clean area. The residents around the gated parking lot no longer need to call law enforcement to have unattended cars removed. Jesse Gonzalez, Park Ranger said they have received good comments and feedback since the Park Rangers came onboard about a month ago. Percy Ealy, Park Ranger explained they are patrolling the parks and keeping the City safe. Commissioner McCray stated he was happy to finally have the Park Rangers in the City. Asked if there had been any problems requesting patrons to leave the park? Mr. Garcia stated he has not encountered any problems. Everyone has been very respectful when requested to leave. Vice Mayor Romelus welcomed the Park Rangers. 4 Page 405 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 C. Proclaim November 24, 2018 as Small Business Saturday. Mayor Grant proclaimed November 24, 2018 as Small Business Saturday. Rick Maharajh, representing the Boynton each Chamber of Commerce, was the Chairman for the Ambassadors program. Their membership was about 450 business members strong. Thanked the Commission for this great recognition and it was greatly appreciated. D. Announce Public Works Solid Waste Division will be having its annual Tire Amnesty Week for City residents beginning December 3rd, 2018 and ending December r, 2018. Davidson Monestime, Solid Waste Manager, wanted to take the opportunity to introduce Jonele Luma. Jonele Lurna, Administrative Associate, announced Tire Amnesty Week, December 3- 7th, 2018. Explained the Public Works Department will collect up to 8 tires with or without rims on the resident's individual bulk pickup day. Commissioner McCray suggested the Solid Waste Department partner with Community Standards regarding Tire Amnesty week. Vice Mayor Romelus agreed with Commissioner McCray's suggestion. There was time for collaboration between the two divisions. Mr. Monestime responded he would coordinate with Community Standards. Mr. Monestime advised the City Solid Waste Department collected approximately 400 tires which equaled 4.4 tons last year. E. City Hall will be closed for the Thanksgiving holiday on Thursday, November 22 and Friday, November 23, 2018. Mayor Grant announced City Hall would be closed November 22-23, 2018 in celebration of Thanksgiving. Vice Mayor Romelus wished everyone a Happy Thanksgiving. Commissioner McCray wished everyone a Happy Thanksgiving on behalf of the staff and the great citizens of Boynton Beach. F. Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm - 2:30pm on the following dates: Tuesday, December 11, 2018 5 Page 406 of 770 Meeting City Commission Boynton Beach, Florida November20, 2018 Mayor Grant announce Palm Beach County Property Appraiser will be manning a table at the Senior Center to provide the residents of Boynton Beach with information regarding filing for a Homestead Exemption. Mayor Grant noted on Tuesday, December 11, 2018 was the last time this year for this program. G. Announcement by Eleanor Krusell of a workshop for open spaces. Eleanor Krusell, Public Communications & Marketing Director, announced the City would be having another Public Input meeting for open spaces and playgrounds. This meeting was being held at the Carolyn Sims Center on December 5, 2018 from 5:30 pm to 7:30 pm. Encouraged all families to come and provide their input. Children are welcomed. H. Proclaim December 1, 2018 as World AlDs Day. Winsy Marcellus will be present to accept the proclamation. Mayor Grant proclaimed December 1, 2018 as World AlDs Day. I. Announcement by Eleanor Krusell, Public Communications & Marketing Director, regarding the 48th Annual Holiday Parade and Light up the Park. Eleanor Krusell, Public Communications & Marketing Director announced the 48th Annual Holiday Parade taking place on Federal Highway. Indicated the City has over 50 entries which was a record breaking year. This year they would have Light up the Park at Dewy Park at 6 :00 pm. The City will be announcing the selected Grand Marshall. J. Library Food Drive Craig Clark, Library Director noted the Library was holding its annual Food for Fines. Explained each nonperishable can donated would reduce the fine by one dollar per can of non-perishable. These funds support the Community Caring Center of Boynton Beach. K. Press Release for the Partnership with Fair Housing. Assistant City Attorney Bridgeman, explained arose from the Housing Urban Development(HUD) complaint which was filed against the City. As part of the settlement between the City and the complainants, Fair Housing and Dr. Love Predelus, the City came up with a partnership with Fair Housing. She explained it was uncovered as part of negotiating the settlement there was an apparent lack of communication between the City and the Community. The complainant's position was they were not aware and did not receive enough information from the City about their opportunity to seek reasonable accommodations. The City has an ordinance in place which spells out the opportunity for reasonable accommodations. The City was tasked with ensuring the residents are 6 Page 407 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 educated in a more progressive and a more proactive basis to make sure the community was aware of the reasonable accommodation ordinance. Mayor Grant asked if there was a monetary settlement.Assistant City Attorney Bridgeman responded in the affirmative. The original amount requested was $250,000, the City settled for$20,000. Commissioner McCray inquired as to who was responsible to make sure the community was aware of the reasonable accommodation. Asked if this fell within the purview of the City Manager's office. He requested updates. Pointed out he does not want this to happen again. Assistant City Attorney Bridgeman responded this would include all City staff. Commissioner McCray requested an update when staff training was completed. Ms. LaVeMere responded there were some very specific timelines and actions within the agreement which the City made with HUD. The Commission will receive regular updates. L. Workshop at the Carolyn Sims Center Commissioner McCray requested Chief Gregory come forward and explain the Workshop at Sara Sims Center. He asked Chief Gregory if the City could utilize the neighborhood police officers to distribute flyers to the stores and churches in District 11. Police Chief Gregory announced the Police Department was having a community engagement meeting at the Carolyn Sims Center at 6:00 pm at on December 3, 2018. Invited everyone to come out and listen to some presentations about the operations and status of the Police Department. Chief Gregory noted flyers and pamphlets were distributed to the local churches and stores, as suggested at the last Commission meeting. The department will have zone officers as well as neighborhood officers that work in that area. Commissioner McCray understood the Commissioners were not allowed to speak at the meeting because of the Sunshine law. Requested a feedback survey, M. Boynton Beach Gardens Club Plant Sharing program Mayor Grant announced on December 28, 2018, the Boynton Beach Gardens Club would use the $500 from the community support funds given last year to provide a plant sharing program. Anyone willing to drive by 103 N.W. Wh Avenue to see the Boynton Hills neighborhood new park, would receive a free plant. The hours of the plant sharing was from 3:00-6:00 pm. 7 Page 408 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 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 SE 27 Way, wanted to bring up the absences on the Arts Committee and Planning and Development Board. Suggested having a tardy policy. Commissioner McCray stated the City Clerk has always provided an updated to the Commission when board members were absent. Vice Mayor Romelus asked if there was an ordinance regarding attendance and being removed from the board. Mayor Grant requested the City Clerk update the Commission on the attendance policy. Ellen Santulli, a former resident and homeowner, spoke about the wrongful death of her son on November 1, 2018. Because of lack of response with the Boynton Beach Police Department her son died. There have been numerous conversations with various members of the Police Department including Chief Gregory. Ms. Santulli had officers laugh at her. Called to speak with the City Manager and she did not return her call. The Commission needed to be aware of what was going on in the Boynton Beach Police Department. Said 17 years ago the Police department fractured her family and now her son was deceased. This was a direct result of being too lazy to do their job. Commissioner McCray pointed out the incident happened November 1, 2018.The officers may not have been at liberty to disclose information. Mayor Grant suggested Ms. Santulli speak with an attorney. Jerry Taylor,1086 SW 26 Avenue, informed the Commission, former Commissioner Shirley Jaskiewicz passed away. Please remember her in your prayers. Carl Sloan, 39 Hampshire Lane, has been President of the Club and presently he is the Chair of the Governmental Relation Committee. The members attend the Commission meeting to stay abreast of what was happening in regards to the neighborhood. Mr. Sloan informed the Commission the Club has improved its facility and wanted to provide a tour to the City Manager and Commission in the New Year. Barbara Bernadine 9873 Lawrence Road Boynton Beach, thanked all the employees which makes this City livable. This includes all the men and women who work behind the scene as well as those in uniform. Stated the Mayor mentioned an initiative for internships within the City. She was in support of this initiative. 8 Page 409 of 770 Meeting Minutes City Commission Boynton Beach, Florida November20, 2018 Kevin Homer, 2505 Lake Drive North, spoke about Boynton Cares last clean-up on November 4, 2018, brought in some new faces. One of the volunteers stated the pollution not only affect the animals and the environment, but effects human being as well. Pointed out that plastic was only about 100 years old. Stated they do not know the effects of plastics to humans as yet. Pollution will affect not only today's generation but the next generation as well. He thanked the Palm Beach Post for the article which included national recording artists Edwin McCain and William Taylor, CEO of Logger Head Marina written letters praising the City of Boynton Beach and Boynton Cares efforts to protect the environment. Mr. Homer had the opportunity to speak at Morikam! Park Elementary in Delray Beach. It turned into an open discussion. Special thank you to the last group of volunteers. He was excited when Commissioner McCray indicated the Park Rangers were long overdue. Herb Suss, 1711 Wood Fern Drive, former Marine veteran, was upset and ashamed of the President. Our leader failed to go to the cemetery about the WWI veterans. This was shameful. He was supposed to be for the military. Most veterans are very bitter. Indicated there was a fascist leader. The President was using Hitler's playbook. The President was a racist. The house Republicans are complacent. They are President Trump's party. McConnell was a slimy person. The next election coming up. The President wants to run and cancel the elections. Vice Mayor Romelus requested Mayor Grant put a stop to the rude and inappropriate behavior when anyone was speaking at the podium. Dr. Piotr Blass, 113 Tara Lakes Drive W, offered condolences to Mayor Grant on the passing of Daisy. Pointed out he was a write in candidate for Governor. The recent election was handled very badly. He does not appreciate the insults regarding Hitler's playbook, as he was a holocaust survivor. The City of Boynton Beach has a good Mayor and Commission. Explained some of his ideas. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular(Reg)and Alternate (Aft)Student(Stu)and Nonvoting Stu (NN Stu) openings exist: Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Education and Youth Advisory Board: 2 STU Community Redevelopment Advisory Bd: 1 Reg Recreation & Parks Bd: 1 Reg Mayor Grant announced all vacancies have been merged into the annual reappointments scheduled for the December 4, 2018 Commission meeting. 9 Page 410 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018. Mayor Grant inquired of the City Clerk if everyone would need to reapply. Commissioner McCray asked Clerk Pyle to clarify who needs to reapply. Clerk Pyle responded everyone whose to was expiring would need to apply. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R1 8-166 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach.. B. PROPOSED RESOLUTION NO. R18-167 -Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) to provide appropriation for repairs and painting of the 1913 Schoolhouse Children's Museum & Learning Center for$58,000. C. PROPOSED RESOLUTION NO. R11 8-168 -Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302)as it relates to a ILA with the CRA that was previously approved. D. PROPOSED RESOLUTION NO. R18-169 - Authorize the Mayor to accept the Department of Justice FY 2018 Justice Assistance Grant (JAG) (2018-DJ- BX-0424) and to sign any required documents associated with the grant, subject to the approval of the City Attorney. E. PROPOSED RESOLUTION NO. RIB-170 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 48th Annual Holiday Parade and Light Up the Park to be held Saturday, December 1, 2018. F, PROPOSED RESOLUTION NO. R18-171 - Authorize the City Manager to accept, and sign all grant documents, including the Grant Agreement for FDOT grant in amount of$25,000, subject to the approval of the City Attorney. G. Authorize the payment of$29,500 to PBC Law Enforcement Exchange of West Palm Beach, FL, for the cost of SmartForce software as a sole source vendor. The first year cost is to be paid from the Federal Forfeiture Trust Fund account. H. Approve extending the time period of the bid for "Custodial Services for City Municipal Buildings and Facilities," Bid No. X078-2511-13/JMA, with Image Janitorial Services, Inc. of West Palm Beach, FL, effective December 2, 2018 for a period not to exceed six months. 10 Page 411 of 770 Meeting Minutes City Commission Boynton Beach, Florida November20, 2018 1. Approve the one-year extension for RFPs/Bjds and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for November 20, 2018 - "Request for Extensions andlor Piggybacks." J. Accept the written report to the Commission for purchases over$10,000 for the month of October 2018. K. Legal expenses — October 2018- information at the request of the City Commission. No Action required. L. Approve the minutes from City Commission meetings held on November 7, 2018. Mayor Grant wanted to correct the minutes of November 7, 2018 which states he was the person who requested a full board for the ordinance. Explained it was actually Commissioner Casello. Mayor Grant stated he requested a special meeting. Commissioner McCray thanked Mayor Grant for the clarification. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. vote The motion unanimously passed Motion Commissioner McCray moved to approve the Consent Agenda as amended. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed 7. BIDS AND PURCHASES OVER$100,000 A. Approve Task Order No. E-02-2019 - Design / Build Restroom at Sara Sims Park to Hatcher Construction & Development, Inc., in the amount of$127,000 in accordance with the Pre-Qualified Vendors for Minor Construction Services Agreements. Page 412 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Motion Commissioner McCray moved to approve with discussion. Vice Mayor Romelus seconded the motion. Commissioner McCray inquired if the restroom would face Martin Luther King Boulevard (MLK). Gary Dunmyer, City Engineer explained the restroom would not face Martin Luther King Boulevard. Vote The motion unanimously passed B. PROPOSED RESOLUTION N . R18-172 - Approve utilizing the City of Lake Worth, Florida, Bid No. 17-109 for 93% Sulfuric Acid - Purchase and Delivery with Shrieve Chemical Company with the same terms, conditions, specifications and pricing and authorize the City Manager to sign a Contract with Schrieve Chemical Company. The anticipated annual expenditure for the purchase of sulfuric acid is $100,000. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray inquired about the amount paid last fiscal year. Ms. LaVerriere responded last fiscal year the City paid $87,230 Vote The motion unanimously passed C. PROPOSED RESOLUTION NO. R18-173 - Approve utilizing the City of Miami's Contract IFB No. 516388 to furnish, install and repair emergency equipment on all City vehicle's on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL for an estimated annual amount of $400,000. Authorize the City Manager to sign a piggy-back agreement with Dana Safety Supply, Inc. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion with discussion. 12 Page 413 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Commissioner McCray wanted to clarify why he requested amounts from previous years. He wanted to ensure the amount being requested would be sufficient for the upcoming year. Vote The motion unanimously passed. 8. PUBLIC HEARING - None 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. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. Motion Commissioner McCray moved to approve with discussion. Commissioner Katz seconded the motion. Commissioner McCray inquired if this was for this fiscal year and how many turkeys were given out. Vice Mayor Romelus responded over 160 families were given rice, beans as well as a turkey. This was a very successful event. Commissioner McCray commended this was what it was all about, taking care of the less fortunate in Boynton Beach. Vote The motion unanimously passed. The following items moved from 2-B and 2-C. B. Make an appointment to fill the vacancy existing in Commission District 4. Mayor Grant inquired as to how many applications were received. Clerk Pyle responded 6 applications were received. 13 Page 414 of 770 Meeting Minutes City Commission Boynton Beach, Florida Novembera Mayor Grant asked if it was ok with the Commission to allow each applicant to give three-minute presentation. Questions at the end of the presentation. Vice Mayor Romelus disclosed she met with Aimee Kelley. There was a consensus for three-minute presentations for each applicant. Charles Kanter lived in the City since 2004. Mr. Kanter relocated from the Key's where he was instrumental in building several parks as well as creating the City of Marathon. He was the Director of Training for the Hundred Cities program through the Department of Labor. There has been no real progress in District IV, but has the highest growth rate in the City. There has been exponential growth with six story apartment buildings, the best restaurants in town. Pointed out his main agenda was the 60-acre park. Mentioned if he was not selected, the Commission should select Rick Maharajh. He would only want this position for the 13 months of Commissioner Casello's remaining term. He hoped to be able to mentor someone for the position. Mayor Grant clarified the position was only till March 2019. There will be an election at that time. Aimee Kelley has been a resident since 2005. Her family are active members and participate and support the many activities happening in Boynton Beach. She was excited to see all the changes which are coming into the City. She has 19 years of experience working in the legal system. Her experience would give her the ability to represent the entirety of the District. She thanked the City for the opportunity to represent the City in its future endeavors. Commissioner McCray asked for clarification regarding the election for District 4, was it for March 2019 or March 2020. Clerk Pyle responded the election is scheduled for March 12, 2019. Commissioner Katz said the person appointed now would only serve until the next election cycle, which was for four months. In March 2019 someone will be elected to fill the remainder of Joe Casello term which was for one year. Then one year later there will be an actual election for the next 3-year term. Rick Maharajh indicated it was truly an honor and a privilege to place his name in the hat with the other candidates. He has lived, worked and played in Boynton Beach for more than 20 years. He has a business based in the City. Mr. Maharajh sits on the Community Redevelopment Agency Advisory Board (C B) working with City budgets. Chairman of the Ambassadors for the Boynton Beach Chamber of Commerce, which manages about 450 businesses throughout the City. He was an engineer and a businessman. He has clients in the business community as well as governmental sectors. He will bring the business as well as the technical aspect to the table. 1 Page 415 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Emir Tyrone Penserga was seeking this opportunity to serve and represent the families in District IV. He believes this opportunity is the best way to harness all of his skills and past experiences to serve his community and to make their neighborhood safer. He would support those in the frontlines to make their businesses thrive and to encourage the growth of new businesses and to help protect the environment and overall to ensure that Boynton Beach was a place which they not only want to live, but also a place to work and play. Explained he intends to bring a progressive educator, scientist perspective to the City government to continue and propel forward the great work which has already been done. He shares the vision that Boynton Beach, which was ripe for transformation, to be the next cultural and technology hub of South Florida. Lived in the City of Boynton Beach for the past 20 years. Earned his undergraduate degree at Temple University in Philadelphia. He returned to Boynton Beach to be near his friends, family and to pursue his career. His first job as a teacher was working with underprivileged children. Earned his Master degree at Florida Atlantic University (FAU) and currently working on his PhD in neuroscience also at FAU. At each chapter of his life he has sought to serve others in the capacity he thought would best serve the community, whether it be in student government, fighting for those emergency services that needed to be improved, campaigning to ensure that judges protect homeless, Lesbian, gay, bisexual and transgender (LGBT) youths are elected. The City needs to attract young people and young families to transform Boynton Beach into a vibrant City where we preserve the beauty and peace of the residential communities, but also create an exciting night life with more caf6s, culture, and music. Pointed out with this wave comes new businesses and more investments, which means more high paying jobs. If appointed into the City Commission this was what can be expected from him. He would work tirelessly to improve the quality of life for the people of the City of Boynton Beach. He would work with each Commissioner to look for common ground to win where they can all win. He wants to build bridges where they are broken and ensure the growth in this City was inclusive of all communities. He will act decisively but methodically and will assess the merits of any argument based on facts and data and not an ideology. Wayne Segal believed his experience and background could make a significant contribution to the City of Boynton Beach. Served as interim District 4 Commissioner between December 2012 and April of 2013. Among his accomplishments was bringing forth an ordinance to change the percentage necessary to win a Commission seat. He was the Director of Public Affairs for the City for 11 years and established the department along industry standards. Another accomplishment from that time was to make Boynton Beach the first City in South Florida to use social media. He worked in Tallahassee as the Assistant Public Affairs Director for Florida Department of Labor. He has held similar positions with the City of West Palm Beach as well as other cities. Currently he serves on the board of his homeowners association. Mr. Segal has first-hand knowledge of citizens' concerns. He was a member of the City's Brand Promise committee and taught conversational English to indigenous people in Guatemala. Holds a Master degree from Kent State University and Bachelors degree from the University of Maine. He was also a national Incident Management certified in communications and every year since he retired he has volunteered to be in the Emergency Operation Center( OC). Mr. Segal explained 15 Page 416 of 770 Meeting Minutes CommissionCity FloridaBoynton Beach, r his vision for a better Boynton was to implement strategies which support business objectives, influence thinking, forge alliance and build consensus which would improve the quality of life for all citizens. Muriel Waldman offered a unique background for District IV. She was a Police Officer for 16 years. The last 15 years she worked with the Boynton Beach Police Department as the Victim's Advocate. She holds a degree in social science. Holds a Master's degree in Criminal Justice from Nova. She comes without any preconceived notions of what the City should be. Understands that the City grows every day and she has the ability to listen. Ms. Waldman indicated she can bring these skills to the Commission. She wants to continue to be a public servant. A Commissioner should be someone which listens to the citizens. Pointed out District IV is self-contained unit of single family dwellings. The City was growing, and she would like to meld the growth. Mayor Grant asked if anyone had any questions. Mayor Grant asked if she plans on running for the District IV Commission seat in March. Ms. Waldman responded she was thinking about running. Commissioner Katz indicated it was his personal belief with the election coming up in March 2019, that he would not be in favor of appointing someone for this brief period that intends to run in March. He believed this would give the person an unfair advantage. He intends to restrict his vote to those individuals which do not plan to run in the March 2019 election. Believes the Commission appointing and potentially anointing the next person for that seat for this appointment was not something he was in favor of doing. Ms. Waldman replied if there was a caveat to signing a pledge for not running she would need to think about it. Commissioner Katz hoped that anyone appointed tonight stating they do not intend to run would be a person of integrity. This was not a formal qualification. He was not in favor of appointing anyone who plans to run for office. Again he stated this was not a formal requirement. Mayor Grant informed the Commission he was on the other end of the spectrum. Anyone who was trying to get appointed would need to face transparency. They would be elected officials. It seems they are bypassing the system. He believes the people in District IV would not consider their appointment as an anointment. Commissioner McCray echoed what was being said by the Mayor. Inquired if Ms. Waldman has any knowledge of the City budget. Asked if she was in favor of Town Square project. Asked if she was in agreement with the Heart of Boynton? And lastly how many commission meetings had she attended? 16 Page 417 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Ms. Waldman indicated she was not up to speed on the budget. She has not attended any Commission meetings in the past two years. She needed to be aware of the concerns in District IV. She was not running for Mayor. She was trying to move the City forward. Commissioner McCray pointed out although she may be in District IV her vote would represent the entire City. Ms. Waldman must recognize she would vote on items which affect the entire City. Vice Mayor Romelus thanked Ms. Waldman for her 15 years of services as a Victim Advocate as well as the 16 years as a Police Officer. Commissioner Katz asked if appointed would Mr. Segal publicly state whether he intended to run at the March 2019 election. Wayne Segal responded he did not intend to run in the March 2019 election. He was also in agreement with Commissioner Katz regarding not selecting anyone who intended to run in the March 2019 election. He believes if the person selected intended to run the person would focus on campaigning instead of the work for the City. Commissioner McCray requested a response of the questions previously asked of Ms. Waldman. Mr. Segal stated he was with Wiltord Hawkins when he came up with the idea of the Heart of Boynton. He was supportive of it then; he was supportive of it now. The development of the Heart of Boynton will benefit the entire City. Commissioner McCray asked how many meetings had Mr. Segal attended this year. Mr. Segal stated not as many as he should. Vice Mayor Romelus thanked Mr. Segal for his previous service. Mayor Grant called the next applicant. Requested Mr. Penserga pronounce his name. Mr. Penserga responded he goes by the name Tyrone. Pointed out as a person who works in science one of the very first things you will learn was do not try to fake it, people can see right through it. He advised he fully intended to run for the vacant District IV seat in March 2019, Stated he was not aware of the budget. In response to the grand vision for Boynton Beach, it should be a place to live, work and play. He had not attended any in-person meetings. He watches on You tube. Commissioner McCray asked what was his take on the Heart of Boynton. Mr. Pensega noted he would need to have additional details before he could make a decision. 17 Page 418 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018. Commissioner McCray pointed out Mr. Pensega indicated he was up to date on the City Budget. The budget was published online. Told him to begin watching the budget. This was not on the job training. Mr. Pensega wanted to say he was impressed with the grant for improving the technology for the Police Department. Indicated the City needs to be a SMART City and not a City of the past. Mayor Grant asked if Mr. Maharajh intended to run in the Manch 2019 election. Mr. Maharajh replied he has a deep interest and desire to serve the City of Boynton Beach. He has not made a 100% decision as of yet. Mayor Grant asked if Mr. Maharajh was familiar with the City budget. Mr. Maharajh responded he was. As the City was aware the budget meeting is open to the public as well as the budget workshops where residents can provide input. He was a current CRAAB member and they worked on pieces of the budget and provided recommendations to the City staff. Mayor Grant asked how many Commission meetings he attended. Mr. Maharajh answered he had attended countless meetings, memorials, functions both internally and external. Mayor Grant questioned what would Mr. Maharajh do for the Hearth of Boynton Beach. Mr. Maharajh said the intention was to create a beautiful downtown destination. The City wants to attract Millennials, build environmental sustainable buildings. He expressed the City needs to have reasonable and responsible development. Continue to make Boynton Beach a great place to live and work. Commissioner McCray thanked Mr. Maharajh for listening and attending the City Commission meetings as well as serving on the CRA Advisory Board. Mayor Grant asked if Ms. Kelley planned on running for the vacant positon March 2019. Ms. Kelley answered she does not plan on running in the March 2019 election. Mayor Grant asked if Ms. Kelley was familiar with the City budget. Ms. Kelley responded she was familiar with the City budget. Mayor Grant asked how many Commission meetings has he attended. Ms. Kelley answered because of family schedules, she was unable to attend in person, but she has watched the City Commission meeting on YouTube and the Boynton Beach T.V. Indicated her schedule has changed and she can be a more active participate. Mayor Grant asked if selected what does she see moving forward for the Heart of Boynton Beach. Ms. Kelley responded to support the community engagement and continue to grow the neighborhood police outreach. Commissioner McCray asked if Ms. Kelley had any ties to the employees of the City of Boynton Beach. Ms. Kelley answered in the affirmative. Mayor Grant called the next applicant. Mr. Kanter stated he was under the impression the interim positon was for 13 months. He would like to withdraw his application. He has a lot of experience to provide to the Commission. 1 Page 419 of 770 Meeting Minutes City Commission Boynton Beach, Florida November20, 2018 Commissioner McCray acknowledged he was under the impression the position was for 13 months. There was an election coming up in March 2019, there are three seats which are coming up. He was looking for someone with experience,who can take this City where it needs to go, whether it was 4 days or 4 months. They should be able to hit the ground running. Commissioner Katz would only support candidates who do not intend to run. This was not to disparage those who intend to run. The last election he was unopposed. The fact that there were four Qualified candidates was awesome. Pointed out only two applicants stated they did not intend to run. Those applicants were Wayne Segal and Aimee Kelley. He thanked and respected Mr. Segal for his previous service as an interim City Commissioner. His personal preference was to select Aimee Kelley who has deep ties to the community. Vice Mayor Romelus agreed with Commissioner Katz to give someone an opportunity to set on the dais for four months and not give a candidate an unfair advantage. She appreciates the interest and the candor. She was grateful and glad there was interest in the City. The City has candidates from the young 30 year olds, business owners and retirees willing to give their time and freedom. She thanked everyone who had shown interest in the District IV position. She wants to ensure a level playing field for the upcoming election in March 2019. She wanted to second the motion for Aimee Kelley. Mayor Grant thanked all of the applicants. Noted each candidate brought something different. Expressed while in politics anyone can say anything about you and it was no longer slander. He encourages all those which intend to run to continue to pursue this goal. Pointed out because of the 50% requirement he was elected Mayor. Mayor Grant expressed Boynton Beach will be better off no matter who was selected. Thanked all those applicants who applied. Commissioner Katz motioned to appoint Aimee Kelley to fill the vacant Commission seat for District IV until the March 2019 election. Commissioner McCray stated he would not be the one to say he does not want someone who wants to run. He believed that it would be an honor to get a chance to become a Commissioner three months. He does not want to penalize anyone which wanted to run. It was a fair game. If the people want you they will vote for you. Mayor Grant requested a vote. Motion Commissioner Katz motion to appoint Aimee Kelley to the Commission IV seat. Seconded by Vice Mayor Romelus. Vote 1 Page 420 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 3-1 (Commissioner McCray dissenting) Commissioner cCray asked about the exempt status of Ms. Kelley. Assistant City Attorney Bridgeman responded the exemption does not change because a person was an elected official. Ms. Kelley thanked the Commission and indicated she was eager to learn more about the City. C. Administer the Oath of Office to newly appointed Commissioner for District IV, if selected. City Clerk Pyle administered the Oath of Office to Aimee Kelley for Commissioner of District IV. 12. Legal A. PROPOSED ORDINANCE NO. 18-032 - FIRST READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. B. PROPOSED ORDINANCE NO. 18-033 - FIRST READING -Amending Part 11. "Code of Ordinances," Chapter 15, "Offences-Miscellaneous," Article 1, "in General," Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled "Measurement of Noise". 13. FUTURE AGENDA ITEMS A. Annual Evaluation of City Manager by the City Commission— December 4, 2018 B. Discussion of Quantum Park Overlay Dependent District— December 4, 2018 C. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - TBD D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park 20 Page 421 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 E. The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019. F Mayor Grant requested discussion on the future of the Kapok trees scheduled to be taken down for Town Square project- TBD G. Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission 14. Adjournment Motion There being no further business to discuss, Vice Mayor Romelus moved to adjourn. Commissioner McCray seconded the motion. vote The motion unanimously passed. The meeting was adjourned 8:34 pm. (Continued on next page) 21 Page 422 of 770 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner—Justin Katz Commissioner— Mack McCray Commissioner—Aimee Kelley ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 22 Page 423 of 770 MINUTES OF THE CITY COMMISSION , DECEMBER 4, 1 , HIGHWAY,2240 N. FEDERAL , FLORIDA Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor Jim Cherof, City Attorney Justin Katz, Commissioner Queenester Nieves, Deputy City Clerk Mack McCray, Commissioner Aimee Kelley, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:36 p.m. Invocation Pledge of Allegiance to the Flag led by Vice Mayor Romelus. Mayor Grant suggested the Invocation and Pledge of Allegiance to the Flag be made after the regular meeting is reconvened. Roll Call Deputy City Clerk Nieves called the roll. Vice Mayor Romelus was not present when roll was called; however, she arrived at 5:36 p.m. A quorum was present. SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPDTISTICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB will be held on December 4, 2018, in the conference room at the Intracoastal Park Clubhouse on 2240 N. Federal Highway commencing at 5:30 PM Jim Cherof, City Attorney, announced the private attorney-client session for the above case and advised the Commission will recess to a conference room downstairs. Present will be members of the City Commission, City Manager Lori LaVerriere, and Attorney Cherof. After the session, they will recess and close the shade meeting and reconvene the regular meeting. Attorney Cherof anticipated the shade meeting would last 45 minutes. Page 424 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Mayor Grant recessed the meeting at 5:57 p.m. Mayor Grant reconvened the Regular City Commission Meeting at 6:30 p.m. Invocation Pledge of Allegiance to the Flag led by Vice Mayor Romelus. Mayor Grant announced the closed-door session was concluded and closed. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant wanted to table Item 3B to the January 15, 2019, meeting. He requested Tiger Band Community Support Funds item be added as Announcements, Item 3K and the signed Community Support Funds for$200 be added as New Business Item 11 D and be heard before the Consent Agenda. 2, Adoption Motion Commissioner Katz moved to approve the agenda as amended. Commissioner McCray seconded the motion that unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz had no informational items or disclosures. Commissioner McCray disclosed he attended the League of Cities Luncheon and he was in a car accident. He thanked both Fire Chief Joseph and Police Chief Gregory and their staff as they treated him very well. He also praised staff on an excellent job at the Holiday Parade and advised it was the best yet. He also thanked Chief Gregory and the Police Department for the Town Hall Meeting in District If. Vice Mayor Romelus had no announcements or disclosures, and she thanked Chief Gregory and the administrative staff and officers who were at the Town Hall speaking and being open and transparent about their vision for the Police Department. She thought progress has been unprecedented such as a 23% decrease in crime. She thanked Chief Joseph and Boynton Beach Firefighter's Benevolent Association for their Holiday Christmas event last night. She had a great time with her family and she thought it was a 2 Page 425 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 nice opportunity for firefighters to be out of uniform and be themselves. She thanked both the Police and Firefighters for their service. Commissioner Kelley attended the League of Cities Luncheon hosted by the City and understood it was the largest event they had in some time. She and her family were also present at the Holiday Parade and Tree Lighting. She advised it was a great event that all enjoyed. Commissioner McCray wished Commissioner Kelley well on her first official meeting. Mayor Grant attended the Boynton Beach Historical Society meeting on November 26tH noting artist Ralph Papa was able to restore a painting at Forest Park Elementary School. On the 27th, he met with Green Spot, which is a start-up tech company that is installing Electric Vehicle Charging stations in municipalities free of charge. He wanted to discuss this item as a future agenda item as he was reading about electric vehicles and future transportation needs. He has received a few emails inquiring about electric go-carts that advertise and other types of electric vehicles that are used. He supported including this in the Town Square as it is constructed and retro-fitting current stations to use this type of technology. He attended Choice Day at Boynton Beach Community High School that evening. On the 28th, he attended the Palm Beach County League of Cities Luncheon at Benevenuto. He note it was a sold-out event and he thanked the City and CRA for hosting the event. Earlier in the afternoon, he was with the Boynton Beach Garden Club for Community Greening and the Woolbright Farmers Market. He advised they gave away over 180 plants, herbs, and trees at their first plant sharing event. The plants will be used in Boynton Hills Neighborhood Park. He requested staff work with the Garden Club so they could have a hose if the sprinklers do not work to ensure the plants are watered. Mayor Grant requested a discussion of vacant lots be a future agenda item. He wants to discuss SW 3rd Avenue and working with Community Greening or other tree planting organizations to have trees there. On the 29th, he read to students at Freedom Shores Elementary School. He thought the parade was amazing and the vehicles were fun. He thanked Hurricane Alley for catering the event for staff. He thanked the Police and Fire Departments. He attended Library Legislative Day in Palm Beach. He praised Chief Gregory on his first Town Hall meeting. He commented there were a lot more people that would like to hear from him. He thanked the Fire Department for all they do. Mayor Grant attended the Race to Equity Youth Summit and wanted to know if the City could help partner with the County or provide youth with transportation to the event. He attended a SCORE luncheon and wanted to see if David Scott would speak with SCORE to see how they can assist Boynton Beach businesses. Commissioner McCray asked if there is faucet at the SW V Avenue lot. Colin Groff, Assistant City Manager, explained if there is irrigation, they could install a faucet with a lock. Mayor Grant was aware there was a faucet and lock, but they did not have a key. Mr. Groff advised they would be set up. 3 Page 426 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS, AND PRESENTATIONS A. Announce Public Works Solid Waste Division will be having its annual Tire Amnesty Week for City residents beginning December 3, 2018, and ending December 7, 2018 Andrew Mack, Director of Public Works and Engineering, was present and announced Tire Amnesty Week. He advised they are in full swing. Under the program, residents can discard at least eight residential tires as long as they are three feet away from the garbage can or any other fixtures and they should be separated from vegetation. The City filled one 20-yard dumpster with tires in two days, which is about 125 tires and the Department hoped to exceed what was collected last year. Anyone with questions should call 561- 742-6200. Commissioner McCray commented he had requested Mr. Mack speak with Mr. Woods of Community Standards if they see tires on properties, staff can inform the residents to put them out and the City would pick them up. At the Agenda Review meeting, the City Manager mentioned it and they are also partnering with the Police Department. When they see tires, they should call the Solid Waste Department. B. Updates on implementation, installation and go-live for the Onboard Computing/Routeware system. C. Announce multiple awards received by Boynton Beach Utilities for the successful implementation and management of the East Water Treatment Plant Upgrade project by Michael Low, Deputy Utilities Director. Michael Low, Deputy Director, Utilities, and Project Manager for the project, recognized Bob Gilbert, Vice President, CDM Smith Constructors who held the master contract for the project; Suzanne Mechler who handled the design work and is a principal with CDM Smith; Liz Fujikawa, Vice President with Corolla Engineers, who also did design work; and Tom Palmatia, PCR Constructors, who was the Senior Project Manager handling the MIEX part of the project. The Department received an Engineering Excellence Award from The American Council of Engineering Companies of Florida a few months ago. The Design Build Institute of America, Florida section awarded the project the Project of the Year Award for the Water/Wastewater Division and Project of the Year for Florida itself. The Design Build Institute of America gave them a merit award for the project in the water/wastewater division and was shortlisted for a higher-level award, but did not receive it. This was the first of the progressive design-build contracts they try to work with. It was a $30 million contract and the Department made several changes to the contract that resulted in significant savings. One of the highlights of the progressive design build is the lighting in the tower. Mr. Low announced the Department was nominated for one more award but will not know until next January. Page 427 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Floridac r 4, 2018 Joe Paternetti, Utility Director, introduced Tremaine Johnson, who has been with the department for over 12 years. He is the new Field Operations Manager; Waneya Bryant, the new Manager of Asset Systems, who started in 1997; and Juan Guevarez, new hire having a PE and Master's Degree in Environmental Engineering. Mr. Guevarez was with Palm Beach County for 13 years. He praised his staff and advised they are highly qualified. They do a good job and they are taking care of the City. Ms. LaVerriere commented during budget discussions and reorganizations within the department, they develop career paths to give employees opportunities to advance and grow professionally. Mr. Johnson represents the epitomy of the career path and growing in the City's organization. She was very proud of him and Ms. Bryant who started reading meters 20 years ago and is now a supervisor. Commissioner McCray congratulated them and commented Utilities always had bragging rights. Vice Mayor Romelus praised the Department and has supported career paths for employees to have something to look forward too. She thanked Ms. LaVerriere for setting up the program. Later in the meeting, Commissioner McCray asked if other City Departments could participate in the program and learned they could. Human Resources put together the framework and they can expand the program. D. The 47th Annual Boynton Beach CRA and the City of Delray Beach Holiday Boat Parade will be on Friday, December 14, 2018, and will start at 6:30 p.m. Mike Simon, CRA Executive Director, was present and advised parking for the Holiday Boat Parade was at Intracoastal Park, the Marina Village area, the Plaza at Woolbright Road, Federal Highway and private development along the way. Parking is also available in Delray and on Atlantic Avenue, Veterans Park, and restaurants on the south side such as Deck 84 or the City of Delray Beach Marina. Flyers were available and he noted boat captains were needed. E. City offices will be closed on Monday, December 24th and Tuesday, December 25th, 2018, in observance of the Christmas holiday. City offices will also be closed on Tuesday, January 1, 2019, in observance of New Year's Day. Mayor Grant announced the above closures. F. The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019, the only Commission Meeting in January will be Tuesday, January 15, 2019, at 6:30 PM. Mayor Grant announced the above City Commission Meeting cancellation on January 1, 2019. Page 428 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Floridaec er 4, 2018 G. Announce a Town Square Public Input Meeting on Open Spaces & Play Areas on Wednesday, December 5th from 5:30 p.m. to 7:30 p.m. at the Carolyn Sims Center, 225 N.W. 12th Avenue. Mayor Grant announced the Public Input Meeting. H. Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30 pm - 2:30 pm on the following dates: Tuesday, December 11, 2018 Mayor Grant read the item. I. Announcement by Public Communications and Marketing Director Eleanor Krusell regarding Dog Day at the Beach, which will be held on Saturday, December 15, from 9am - Noon at Oceanfront Park. Eleanor Krusell, Marketing Director, was present for Wally Majors, Recreation and Parks Director. She announced the City Commission approved a one-year trial for this event, which was planned for Saturday, December 15, 2018, from 9 a.m. to 12 noon at Oceanfront Park. Humans can bring their dogs on leashes until they reach a temporary fenced area, just south of the middle beach access ramp. The dog area will not impede the county beaches to the north, park guests, or private beaches in Ocean Ridge. Dogs will be required to stay within the fenced area and they will be permitted in the water. Park Rangers will monitor the dogs and their owners and guests must have a Palm Beach County license showing rabies vaccinations are current. Pre-registration is not required, however, owners are limited to two dogs. Informational postcards were available. J. Mr. Richard Petty of Healthier Boynton Beach will make a brief presentation regarding the work the committee has achieved over the last year. Ricky Petty, Project Director, Healthier Boynton Beach, explained the program is a com- munity driven initiative funded by the Palm Healthcare Foundation with the goal to improve the lives of family caregivers. The initiative seeks to accomplish three things: raise awareness of caregivers, educate caregivers that there are resources available to them, and promote health and wellness of caregivers. They have a Steering Committee composed equally of caregiver residents and providers. Healthier Boynton Beach participates in the Let's Move challenge, which was a Palm Healthcare Initiative. They came in first place in the past and logged over one million activities. This year, they came in third and he was hopeful they would return to first place next year. Information was forthcoming. They have mini-grant opportunities for local churches and organizations to build capacity for them. Often these entities do not apply for grants because they do not know how to apply for them or lack confidence they would be awarded. They held a grant-writing 6 Page 429 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Floridac er 4, 2018 workshop and over 18 organizations attended. From that workshop, they were able to provide eight local organizations with a cumulative total of$30,000 in grants ranging from $2,500 to $5,000. He noted there were a few grant recipients present accomplishing amazing things in the community including educational workshops, health initiatives, respite care, and outreach. Healthier Boynton Beach also provided a summer youth program by partnering with the City of Boynton Beach Utilities and matched the Department with young people. They matched 15 local youth in different programs with the Utilities Department and P2P. Youth learned resume writing skills, employability skills and they each earned $1,000 over the course of six weeks. They held a recognition luncheon. Mr. Petty noted December is National Family Caregiver Day at Benevenuto. Over 130 people attended and 100 of them were local caregivers. They hosted a Fearless Caregivers Conference with 174 people present at the Carolyn Sims Center and they will hold the Conference again on February 27th. They are doing a lot to help Boynton Beach and establish working groups and provide educational workshops that all can participate in, such as The Powerful Tools for Caregivers in which they trained 25 caregivers. Mr. Petty explained they issued a caregiver survey and received nearly 200 completed surveys. He hoped for 100 more and hoped the City would assist with the additional surveys. He agreed to provide further information. The goal is to gather information from residents to figure out how to make caregiver lives easier. They created a Caregivers Registry, which registered 138 individuals. They have done a lot in the community and they want to do more. He referred all to the website www.healthierboyntonbeach.org and invited all to visit the site and sign up for the registry and newsletters. Brochures were available in the back of the room. K. Tiger Sound Band Anthony Lockhart, Principal of Boynton Beach Community High School, thanked Mayor Grant, who has been on the high school campus many times and Police Chief Gregory. He introduced the Band Director, Dr. Anthony Barfield, II, who was present with many of the Tiger Sound Band members. Dr. Barfield thanked the Commission for allowing them to participate in the parade. Members of the band stood and were recognized and then distributed T-shirts to members of the City Commission. The Band works hard in all they do. He announced this year they are attempting to go to the Atlanta/Georgia Chik Fil-a Peach Bowl, December 26th to December 29th. They raised some funds, but not the entire amount and they were seeking financial donations so the students could participate in the opportunity of a lifetime. Dr. Barfield advised they raised about half the amount needed and he noted the band had not been invited to a Bowl game. This would be very exciting for the students. The band is taking this opportunity seriously and anything the Commission could do would be appreciated. He advised donations could be made by check or money order payable to Boynton Beach Community High School and memo note: Tiger Sound Band Program. He advised they also have a Go Fund Me account as 7 Page 430 of 770 Meeting Minutes City Commission Meeting Boynton Beach, FloridaDecember 4, 2018 Tiger Sound Band. Mayor Grant commented he has a Community Support Fund item on the agenda for the Band. Commissioner McCray told Dr. Barfield he had never been so moved as when he has seen Boynton Tigers marching. He was very proud of the band. He noted the Mayor was going to donate $200, but he would donate $1,000. Vice Mayor Romelus advised she would also make a contribution. Marching band is close to her heart as she was a member. She agreed Chik fil-A is a serious bowl game. Commissioner McCray announced he watched the Macy's Thanksgiving Parade and was proud the Park Vista Marching Band was in the Parade and on National TV. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO THREE-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 SE 27th Way, made a donation already and challenged all else to do so. She thought Vice Mayor Romelus would have a tough time deciding what the nicest neighborhood decorations were in her neighborhood. She commented the trees are beautiful and the tree lighting ceremony was fabulous, but she suggested putting in some hints of color and toss in something fun. She thought the trees were elegant and gorgeous. She announced ways of saving water while people brush their teeth as there is a need to conserve water. Mike Fitzpatrick, 175 SW 2nd Street, commented the paper today advised the kapock tree was going to be bulldozed as would Kids Kingdom and he wanted to go on record expressing his disappointment that would occur. He was disappointed there was never an adequate explanation why the condo's in Town Square could not be relocated east of the new City Hall rather than where they are now at the current Police parking lot. He thought that would have saved some contributions from past citizens. Piotr Blass, 113 Tara Lakes Drive, was proud of the Boynton Beach and Park Vista High Schools. He stressed basketball instead of football due to the danger of concussion. This morning there was a hearing in the courthouse regarding the Canvassing Board and they are continuing to contest the elections. He believes there are systemic problems. He thought the Boynton Beach election was super, but the statewide elections has very serious systemic problems that are ignored by the media. He finds Boynton Beach to be incredibly successful. He would like to step in as Mayor and continue the work. He supported progress on the University of Boynton, energy from the Gulfstream and advised minimum wage should be $70 an hour. No one else coming forward, public audience was closed. 8 Page 431 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Arts Commission Commissioner Kelley nominated Courtlandt McQuire as a regular member. Mayor Grant nominated Kim Weiss. Commissioner Katz nominated Susan Oyer. Commissioner McCray nominated Jehana Zell. Vice Mayor Romelus nominated Clovis Moodie. Motion Commissioner McCray moved to approve the appointments. Board Member Katz seconded the motion that unanimously passed. Building Board of Adiustments and Appeals Commissioner Kelley nominated Paul Bortz. Commissioner McCray nominated Sanford Guritzky. Vice Mayor Romelus nominated Timothy Hunt. Motion Commissioner McCray moved to approve the appointments. Vice Mayor Romelus seconded the motion that unanimously passed. Citizen Oversigt Committee Mayor Grant nominated Alexandria Wilson. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion that unanimously passed. Community Redevelopment Agency Advisory Board 9 Page 432 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Mayor Grant nominated Anthony Barber. Commissioner Katz nominated Thomas Devlin. Commissioner McCray nominated Golene Gordon. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion that unanimously passed. Education and Youth Advisory Board Commissioner Kelley nominated Lori Wilkinson. Mayor Grant nominated Gregory Murphy. Commissioner Katz nominated Peggy LeGuerre. Commissioner McCray nominated Carla Colbrooks. It was noted there were still two student members positions, but no student applicants. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion that unanimously passed. Golf Course Adviso!y Committee Commissioner Kelley nominated Mark Frederick. Mayor Grant nominated Jack Ekelchik Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion that unanimously passed. Historic Resources Preservation Board Mayor Grant nominated Jesse Feldman. Motion Vice Chair Romelus so moved. Commissioner Katz seconded the motion that unanimously passed. 10 Page 433 of 770 Meeting Minutes City Commission Meeting Boynton each, Florida December 4, 2018 Library Board Vice Mayor Romelus nominated Chris Simon. Commissioner Kelley nominated Deborah Hoban, Mayor Grant nominated Chris Montague. Commissioner Katz nominated Bethanie Gorny. Motion Commissioner McCray so moved. Vice Mayor Romelus seconded the motion that unanimously passed. Firefiahter's Pension Trust Fund Commissioner Kelley nominated Robert Taylor, Motion Commissioner McCray so moved. Vice Mayor Romelus seconded the motion that unanimously passed. Municipal Police Officers' Retirement Trust Fund Commissioner McCray nominated Daniel Dugger. Vice Chair Romelus nominated Toby Athol. Motion Commissioner McCray moved to approve. Vice Chair Romelus seconded the motion that unanimously passed. Planning and Development Board Vice Mayor Romelus nominated Trevor Rosecrans. Commissioner Kelley nominated Butch Buoini. Mayor Grant nominated Chris Simon. Vice Chair Romelus noted she just appointed Mr. Simon. Mayor Grant believed applicants could serve on two boards. Deputy City Clerk Nieves explained he could nominate how many he felt. Vice Chair Romelus questioned if Mr. Simon wanted to sit on two Boards, or if it was just first choice and second choice, 11 Page 434 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 that it was a rank and not that they wanted to serve on two boards. Deputy City Clerk Nieves explained they could serve on two boards. Vice Chair Romelus clarified she was questioning if the individual wants to serve on two Boards and are they going to take up a spot for someone who may not necessarily need it or want the slot. Mayor Grant explained Mr. Simon was his nomination. Commissioner Katz nominated Mr. Hatcher. Commissioner McCray nominated Golene Gordon. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion that unanimously passed. Recreation and Parks Board Mayor Grant nominated Eric Ammon. Commissioner Katz nominated Eugene Fagan. Commissioner McCray nominated Elizabeth Pierce-Roe. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion that unanimously passed. Senior Adviso[y Board Commissioner Katz nominated Margret Newton. Commissioner McCray nominated Mark Siegel. Vice Mayor Romelus nominated Marsha Bionta. Motion Commissioner McCray moved to approve. Vice Chair Romelus seconded the motion that unanimously passed. Vice Mayor Romelus congratulated the new advisory board members. Mayor Grant thanked them, commenting they make the Commission's job easier. B. Update on tracking of advisory board member's attendance and procedures. 12 Page 435 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Mayor Grant understood the current procedures are a Board member will get a warning after two absences in a row. Deputy City Clerk Nieves clarified after three absences, the member will receive a warning. After the fourth absence, the member is removed from the Board. Mayor Grant asked if the Commission wanted to change the policy and he also received confirmation a tardy is not considered an absence. Mayor Grant wanted to ask if the Commission wanted to set a tardy policy or set a time to count a tardy after the meeting starts as absence. Commissioner McCray did not support the idea as there could be an emergency. There were no other comments received. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R1 -174-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Commercial Risk Management, Inc. of Tampa, Florida for Third Party Administration of Workers' Compensation Claims for an estimated annual amount of$31,872 as a result of RFP No. 004-1710-19/IT for Third Party Administration of Workers' Compensation, Property and Casualty Claims. B. PROPOSED RESOLUTION NO. RI -175-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign Agreement with TRISTAR Risk Enterprise Management, Inc. of Long Beach, California for Third Party Administration of Property and Casualty Claims for RFP No. 004-1710- 19/IT for Third Party Administration of Workers' Compensation, Property and Casualty Claims. C. PROPOSED RESOLUTION NO. R1 -176-Authorize the City Manager to sign the second amendment to the Towing Franchise Agreement with Becks Towing & Recovery for the period December 15, 2018 to December 14, 2019 for an annual franchise fee of$12,000. D. Accepting a permanent drainage easement with authorized limited encroachments for a drainage pipe replacement at 2505 N. Lake Drive in the Lakeside Gardens Neighborhood and authorize the recording of the easement. E. Approve Task Order UT-1A-01 with Carollo Engineering in the sum of $93,344 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on August 7, 2018 for Lime Softening Process optimization work in the East Water Treatment Plant (EW TP). 13 Page 436 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 F. Accept fourth quarter and year-end report on operations of the Schoolhouse Children's Museum and Learning Center for FY 17/18. Mayor Grant pulled item 6C, Motion Commissioner McCray moved to approve the Consent Agenda. Vice Mayor Romelus seconded the motion that unanimously passed. C. PROPOSED RESOLUTION NO. R18-176 -Authorize the City Manager to sign the second amendment to the Towing Franchise Agreement with Becks Towing & Recovery for the period December 15, 2018 to December 14, 2019, for an annual franchise fee of$12,000. Tim Howard, Assistant City Manager, explained the current Resolution was a three-year contract and the City has two vendors. The contract expires on December 14th. The RFP and the contract allows for two, one-year renewals. The City needs to determine if they are going to renew for the first one-year period. The recommendation is to renew with one vendor and not the other. Staff started negotiations to renew both vendors, but issues surfaced with payment so the recommendation was to use one vendor and they will issue an RFP for next year to see what current franchise is available. The two vendors were Blake's Towing and Beck's Towing. They are billed and paid on a quarterly basis. Currently, Blake's did not pay the last three quarters fees totaling $102,000, and Becks did not pay last quarter due August 15th, which was $25,000. William Cea, Esq, of Becker, Poliakof, Legal Counsel for Blake's Towing and Transport, Inc. commented Ron Shuster, owner of Blake's was also present. Attorney Cea explained there were two towing franchise agreements awarded in December 2015. Both had basically the same contract, but Blake's Franchise fee was approximately $133,000 and Beck's was approximately $101,000. Blake's Towing was objecting to only awarding one contract and not the other. Blake's wants the same opportunity to have the year renewal and to renegotiate the franchise fee, which is the same opportunity that Beck's had. There was a default, but Blake's has paid the City significantly more money because the franchise fee was higher. The City would enjoy a greater accounts receivable from one vendor than the other, but both have had financial issues with the under-profitability of the contract. Blake's tried to bring this up to the City earlier and in March the direction was to discuss the issue at the time of renewal. Attorney Cea explained they submitted written correspondence to the City and a letter dated today to the City Attorney was submitted for the record. There is a Resolution for renewal of Becks, but the contract, is not truly renewed. Becks Franchise fee was about $101,000 a year. The proposed renewal for the whole year for Beck's was $12,000. Both vendors had financial difficulty with the 14 Page 437 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 contract. Both vendors have account receivables. Blake's on paper is higher, but Blake's paid more to the City and had advised the issues were forthcoming. Beck's paid the fee in full for two years and paid for the first quarter of this year. The hope was Blake's would have the opportunity to renegotiate and renew the contract similar to Becks. Attorney Cea contended on its face, the contract appears to give Beck's a benefit and an unfair advantage that Blake's does not have, which is mainly to still do business with the City and give themselves a chance to dig out of a hole. He wanted the City to not approve either one to give both the opportunity to dig out of the same hole and reduce the franchise fee. They wanted both vendors to get the same benefit. Mayor Grant asked why they signed a contract for the same terms, but more money. Attorney Cea advised it was an RFP and both vendors responded to the RFP. The prices they bid were what was requested in the franchise fee, which was based on facts and circumstances they thought would be encountered, but did not materialize. Blake's always had to pay more because of the RFP and they were not given the same price as the other vendor that also won the same contract. Mayor Grant thought $12,000 was a vast number, reduced from $101,000 and noted the Assistant City Manager advised the firm did not make the last three payments. He thought the Commission should find out how much Beck's paid, compared to Blake's, and if there is a difference, Beck's would be required to make up that difference and then move forward with both vendors at the $12,000. Mayor Grant inquired if doing so would violate the $12,000 contract the City has with Beck's. James Cherof, City Attorney, responded it would not, but the only item on the agenda is the Beck's Towing Contract and not Blake's. The Commission could act on one vendor tonight and direct staff to bring back a proposal on the other vendor as a future agenda item. Vice Mayor Romelus asked, if the City Commission would be moving forward with the $12,000 offer with Beck's, if the City would require them to become current on the last quarter's arrearage. Mr. Howard, explained the renewal is for the upcoming year and the balance will still be there and still owed. Payment was not a condition to the renewal. The City Commission could instruct it to become a condition, to give them time to pay the last quarter. Beck's owes $25,280.75, and Blake's owes $104,125 for the last three quarters. The RFP issued stated they could award to two vendors and have a separate amount. When it was signed, each vendor signed with the amount they offered in the RFP. Commissioner McCray inquired when the RFP was issued and they responded, if the City checked the vendors and learned they did. Each vendor signed and agreed to the terms. He thought if there was a problem with the contract, he would have raised the issue earlier. Mr. Howard explained Blake's contacted him in March to negotiate the current franchise fee down and contractually it was $133,000 a year. He told them at the time of renewal going forward, they could negotiate the vendors at the same price. They had the exact same issue pricing with the last RFP. The contract was awarded to two vendors. 15 Page 438 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 They went through the initial contract term with the separate pricing and at the renewal period, they were brought in line for the renewal period. Commissioner McCray thought they should be both in line. Mayor Grant directed staff to tabulate how much Beck's and Blake's has paid and with the fact Blake's paid an extra $30,000 a year for the last two years, determine the difference that is owed and make sure Blake's has the same contract price as Beck's and the City Commission can move forward with the $12,000. Commissioner Katz asked if the City Commission could proceed with awarding the contract and speaking to staff. Vice Mayor Romelus asked if these contracts were binding and had no exit clause and learned they were. They were separate and distinct contracts, both enforceable by the City and no default by the City. Both companies owe the City money. She thought they were legally allowed to uphold both contract as written without any legal ramifications. Attorney Cherof responded Vice Chair Romelus was correct, including the right to renew one and not the other. Motion Commissioner Katz recommended with his motion, the caveat that the firm being awarded a franchise have a time to be determined by the City Commission to pay their arrears and if the City Commission was inclined with the other firm to extend an additional franchise under the same terms, that a similar caveat be instituted for them if the City Commission decides, that they have to come into compliance with their previous contract. Mayor Grant clarified the motion is to approve the contact with Beck's, that they have 90 days to pay the arrearages and for next year's contract. Vice Chair Romelus requested clarification the motion would give Beck's 90 days to become current, or in order to be issued a new contract, they have to come into compliance. Mayor Grant responded they have 90 days to come into compliance in order to be issued a new contract. Attorney Cherof restated the motion the contract would be extended under the new terms, but they would add a provision that says if they do not bring their arrearage current within 90 days, the contact would end or could end at the option of the City. Vice Mayor Romelus seconded the motion. Commissioner McCray asked if they would do the same with Blake's. Attorney Cherof responded the second part is when Blake's comes back to the City Commission, they will have a choice to institute the provisions as well. 16 Page 439 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Floridac er 4, 2018 Vote The motion unanimously passed. This item will be on the next agenda. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-177 - Authorize the City Manager to utilize the State of Florida Contract number 43230000-15-02 for software licensing through Software House International and sign any associated agreement with Microsoft Corporation for a three-year period for an annual amount of$188,874.48. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Mayor Grant asked how much of Microsoft software was included. John McNally, ITS Director, explained the City has approximately 700 PCs, tablets and 100 or more servers that run a different version of software. The PC's run typical Windows Operating Systems as well as the Microsoft Office Suite of Word, Excel and PowerPoint applications. The server's need a separate operating system license and some are running. The server they have now all wrapped is about $188,000 a year. Staff tried to bid the equipment but got one respondent and there were discrepancies. Staff deemed the better deal was the State contract price. Commissioner McCray asked if the City was safe from hacking. Mr. McNally explained there are numerous mechanisms in place, but the human element is important and education is needed. Vote The motion unanimously passed. Commissioner Katz explained, on a different matter, it was brought to his attention there were some errors or omissions on the applicant list for some advisory boards. He did not know who to speak to about it and did not want to move beyond the meeting without addressing it. Ms. Oyer had indicated to him her name was put in for the Planning and Development Board, but it was not listed on their sheets or on the digital backup. There was agreement this item would be heard later in the meeting. G. PROPOSED RESOLUTION NO. R18-178 -Authorize the City Manager to sign an Agreement, in substantially the form attached, for the purchase, installation, implementation, training and support of a Fire-Rescue Records Management System from EPR Systems USA, Inc. of Sarasota, Florida for a five (5) year period in the amount of$212,891.60. 17 Page 440 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Mayor Grant asked if the amount was per year or five years and learned it was for the five years. Vote The motion passed unanimously passed. H. PROPOSED RESOLUTION NO. R18-179 - Approve Task Order UT-1C-02 with Carollo Engineers in the sum of $184,900 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for work on migrating the Utilities Management Optimization Program (UMOP) to an improved platform and making other upgrades to the system. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Commissioner McCray asked what Utility Management Optimization was. Colin Groff, Assistant City Manager, explained it is the program they use to manage projects and rates to cover the cost of utilities out into the future. Vote The motion unanimously passed. I. Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS55542 with IXOM Watercare, Inc. for MIEX DOC Anion Exchange Resin with the same terms, conditions, specifications and pricing. The maximum anticipated annual expenditure for the purchase of MIEX DOC Resin is $350,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of resin. Motion Commissioner McCray moved to approve. Commissioner McCray asked what the resin was and learned it is a product they use to pull the organics out of the water at the treatment plant. 18 Page 441 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Vote The motion unanimously passed. J. Approve the purchase of replacement vehicles as approved in the Fiscal Year 2018-19 budget in the estimated amount of $809,646 by utilizing the following contract: Florida Sheriff's Association Contract#FSA1 8-VEL26.0 and #FSA1 8- VEH 16.0 for twenty-six (26) replacement vehicles. Motion Vice Mayor Romelus moved to approve. Commissioner McCray asked what they were getting. Andrew Mack, Director of Public Works and Engineering, explained the vehicles are administration cars. There are a few SUVs, but they are not patrol cars. The Department was ordering three Utility trucks; one van for the Warehouse; a pick-up truck for Fire/Rescue; seven Ford Fusions for Police and Fire; one Ford Escape for Fire Rescue; one Ford Explorer for Police; a pick- up truck/passenger van for Recreation; and a Honda Foreman, which is the four-wheel drive vehicle. Vote The motion unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA ITS 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. Review and action on Annual Performance Evaluation for the City Manager. Julie Oldbury, Director Human Resources and Risk Management, explained the evaluations were provided in the backup and this was the Commission's opportunity to provide comments with regard to her compensation. 19 Page 442 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Mayor Grant thought Ms. LaVerriere did an amazing job. He receives many comments from residents, businesses and people from the County telling him how they look at Boynton Beach differently now with the Town Square project. He commented most individuals do not realize what a great Chief Executive Officer she is with running the City properly and having over 750 employees and a $220 million budget. Much of what is occurring is due to her leadership skills. He looked forward to retaining Ms. LaVerriere for another year. Last year, she received a five percent raise and he wanted to do so again this year. Commissioner Katz echoed Mayor Grant's thoughts and commented in the two and a half years he has been on the Commission, a great deal of the City's success was due to her. If all keep doing their jobs, the City will do fine. He agreed with the five percent raise. Commissioner McCray commented the first time he evaluated Ms. LaVerriere, the newspaper criticized him. He advised she was improving every year. He has seen her growth and has worked with her the longest. She stays neutral and it was a pleasure to work with her. Vice Mayor Romelus thought it takes a woman to be a tremendous leader because they have the ability to see all sides of the issue and consider how all will be affected. She felt that is what Ms. LaVerriere does and what put the City on the map. She rated her a 4.5 because she is a tremendous leader, she liked her willingness to learn and take constructive criticism. Commissioner Kelley explained she had the pleasure of interacting with Ms. LaVerrriere outside of the Chamber and she has a love for the City as if it was her own. She has embraced the City and she was working for all the residents. She supports the rest of the Commissioners as well. Motion Vice Mayor Romelus moved to approve continuing Ms. LaVerriere's contract with a five percent raise. Commissioner Katz seconded the motion that unanimously passed. Ms. LaVerriere advised she loves what she does as a public servant and City Manager. She has an outstanding staff and outstanding Commission. This was the best Commission she has ever worked with and she is committed to continuing to learn. B. Discussion of Quantum Park Overlay Dependent District Attorney Cherof explained this item was on the agenda because earlier in the day, there was a closed-door session regarding litigation that also involved the Quantum Park Overlay District. The Commission addressed most of the issues that needed to be addressed in the closed-door session. The item was just informational for the benefit of the public, and the property owners in the Association. The settlement agreement is 20 Page 443 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 tentative between Secured Holdings, Olen Properties and the QPOD is included. He looked forward to not having to spend money on the issue. Commissioner Katz had brought this up within a month of his election and there has been steady progress for the past two and a half years. At the end of the day, the Commission should take over the QPOD, pay down the debt with the existing revenue from those taxpayers in the Special Taxing District and seek a pathway forward. He explained the QPOD is a geographical area on Quantum Boulevard by 1-95. Property owners pay a special tax assessment to a District that was controlled by individuals who were not good stewards of the monies and millions of dollars was wasted over time. Now they are on the cusp of paying down the debt and eliminating the tax entirely for the affected residents and businesses, and developing a new eco-park on the west side of 95, getting out of the lawsuits, and many other positive outcomes. The most important thing for him was to develop the park and eliminate the extra tax. He appreciated the support of the Commission. He commented Special Taxing Districts go rogue and deviate from their purpose. He thanked all, including City Attorney Cherof. Vice Chair Romelus thanked Commissioner Katz for his diligence. C. PROPOSED RESOLUTION NO. R18-180 - Authorize the Mayor to sign the Second Amendment to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency(CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 18/19 for an amount not to exceed $370,000. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Commissioner McCray noted Chief Gregory said he would review this issue in six months and asked when he would receive a report. Police Chief Gregory responded he has not issued a report or been here six months. During the beginning of 2019, he will have some additional recommendations and he supports the continuation of the program as it currently exists. Vice Mayor Romelus asked Chief Gregory to reiterate the mission for the Police Department given at the Town Hall meeting he had held. Chief Gregory explained they are focused on crime reduction, a safe community and they are doing so via community policing. They are focusing on partnerships, transformation within the organization, and working hand-in-hand with the Commission and residents to reduce crime in the City. Vice Chair Romelus commented they are taking an organization comprised of three officers and expanding the initiative department-wide and she thought that was the direction they should be moving in. It improves trust and they will accomplish a lot. 1 Page 444 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Vote The motion unanimously passed. 12. LEGAL A. City Commission is requested to review the Lien Reduction orders issued by the Special Magistrate at the October 18, 2018 Hearing for Case(s) # 98-792; 15-2066; 10-399; 01-3059; 02-2942. Lillian Mayhew, 313 SE 21St Avenue, explained the liens were placed against her mother's property over the years. Her mother is almost 92 and has physical and mental disabilities. She has not been able to maintain her property. If she were young and healthy and could, she could understand the liens. She emphasized she has not thumbed her nose at the City, she had just been unable to address them. Ms. Mayhew advised she moved her mother into her home so she could clean her mother's property. She spent a lot of money and five months working hard to clean it up and it was expensive. The property passed the inspection and the magistrate reduced the liens, however, she would still owe $16,000 and her mother has no money. Her mother lives on minimal social security and food stamps. Ms. Mayhew was covering her bills and her credit cards were maxed out. They do not have the money to pay for the reduced cost. Ms. Mayhew commented she did not have to address the property, but she took it upon herself to do so. She appealed to the City Commission for compassion to remove the cost. She did all she could to accommodate the City and requested the City's help. Commissioner McCray learned the mother is 92, in a wheelchair and she is going into Alzheimers. She has a $700 social security check. He noted the City tries to recoup administrative costs and asked if she could pay half the administrative costs and learned she could not. She is maxed out on credit cards trying to cover the bills. The mother hoped to move back to her home and they still have all the bills to pay, taxes and utilities. She would not be on food stamps if she had money. Two years ago, Ms. Mayhew had to sell her home and buy a less expensive home. Since her mother had been affiliated with her property at one time, the title company would not close until she paid all the administrative fees on all five liens. She already paid more than $3,200 for administrative fees. To have to pay it again would be double jeopardy. She did not understand why her mother was being punished for a disability. Commissioner McCray thought the fees should be vacated. Commissioner Katz agreed with Commissioner McCray and hoped whatever system she worked out to assist her and remedy the situation could be replicated so if there were issues with the property again, they could be rectified. He hoped she would be proactive in the future to avoid the situation reoccurring. He thought based on the circumstances, the fines should be waived. 2 Page 445 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Floridac r 4, 2018 Motion Vice Mayor Romelus moved to approve eliminating all the fines and fees on the property. Commissioner Katz seconded the motion. Mayor Grant agreed and commented if she already paid the administrative fees, she should not have to pay them a second time. The motion should wipe out the remaining amount of debt. Vote The motion unanimously passed. B. PROPOSED ORDINANCE NO. 18-032 - SECOND READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4- 39 adopting new regulations regarding the retail sale of dogs and cats. (Tabled to December 4, 2098 due to advertising deadline) Motion Commissioner McCray moved to remove Items B and C from the table. Vice Mayor Romelus seconded the motion that unanimously passed. Attorney Cherof read Proposed Ordinance No. 18-032 by title only on second reading. Motion Vice Chair Romelus moved to approve. Commissioner McCray seconded the motion. Vice Chair Romelus noted there were some concerns about the Ordinance and Attorney Cherof advised they were addressed. He reviewed the details in the letter, but the facts of the situation were different in Boynton Beach. He recommended adoption of the Ordinance as is on Second Reading. Mayor Grant asked if the City has retail pet sales in the City and learned the City did not. The Ordinance addresses the migration of businesses the City does not want because they are banned in other cities. The Ordinance would not prevent someone breeding animals in their homes. Mayor Grant agreed with the Ordinance. He noted Tri-County Animal Shelter has plenty of animals needing homes. Vote Deputy City Clerk Nieves called the roll. The motion passed 5-0. C. PROPOSED ORDINANCE NO. 18-033 -SECOND READING -Amending Part II. "Code of Ordinances," Chapter 15, "Offences-Miscellaneous," Article I, "In 23 Page 446 of 770 Meeting Minutes City Commission Meeting Boynton each, Florida December 4, 2018 General," Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled "Measurement Of Noise". (Tabled to December 4, 2018 due to advertising deadline) Attorney Cherof read proposed Ordinance No. 18-133 by title only on Second Reading. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant thanked the City as noise was an issue. He queried if this allowed the Police Department to intervene or only Community Standards and learned the Ordinance is broader than Community Standards. Once the Ordinance passes, it has significant authority for enforcement. Vote Deputy City Clerk Nieves called the roll. The motion passed 5-0. Commissioner Katz resumed discussion on the Advisory Board listings. He understood Ms. Oyers seat was not up for renewal and asked for clarification. Deputy City Clerk -Nieves responded her seat was up for renewal and she did not apply for the Planning Board, only the Arts Commission. Motion Commissioner McCray moved to approve Mayor Grant's request to disburse $200 of his Community Support Funds. Vice Mayor Romelus seconded the motion that unanimously passed. Commissioner McCray advised he wanted to give $1,000 to the same group. Motion Vice Mayor Romelus so moved. Commissioner Katz seconded the motion that unanimously passed. Vice Mayor Romelus announced she wanted to give $500 also to the Tiger Band. Motion Board Member McCray seconded the motion that unanimously passed. Susan Oyer, 140 SE 27th Way, explained she was sent two applications. Someone showed her the online copy, which was 10-27, which means the Planning and 24 Page 447 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 Development application was sent a few days to several days before the Arts Commission application. Then, after the last meeting, a regular member resigned for absences, and she sent an email requesting she be moved to the regular position on the Arts Commission. She thought the problem was she was sent two applications; one for each Board. She thought there may have been some miscommunication along the way. She was not repealing her Planning and Development application, which she submitted first. She was on the Board for over a year and contended it was a clerical error because she was sent two applications. Not one. It was noted Ms. Oyer had been appointed in the middle of a term. Mayor Grant did not doubt she filed an Advisory Board Application. He asked if someone wanted to make a motion for reconsideration of their vote knowing Ms. Oyer was an applicant for a regular or an alternate position on the Planning and Development Board. Vice Mayor Romelus commented, regarding appointing someone to a second Board when they have already been appointed to a first Board, it may be a rectification to the problem. Commissioner McCray commented Ms. Oyer was an alternate. Mayor Grant was okay with Chris Simon serving on the Planning and Development Board unless he did not want to serve on that Board. Then the Commission can use Ms. Oyer's application. Ms. Oyer commented she did not know Mr. Simon. She has never seen him and she did not think anyone on the Planning and Development Board did either. She questioned why after being on the Board, she was not considered for a renewal, over someone they have never seen before. Mayor Grant explained it was his choice. Commissioner Katz did not know how to remedy the situation fairly. He sympathized and apologized if there was an error. 13. FUTURE AGENDA ITEMS A. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - TBD B. Staff to bring information concerning the following land parcels for the Commission to review— TBD Nichols Property Rolling Green Girl Scout Park D. Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission — TBD Commissioner Katz requested after the holidays, as a Future Agenda Item, a discussion to potentially direct staff to review the Planning and Development process to see if there 25 Page 448 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Floridac 4, 2018 is a way to identify efficiencies or software or technology improvements that could speed the review of development projects. He thought lessening the time it takes a project to go through the process would be advantageous. He wanted staff to put a concerted effort to review whether additional manpower or technology was needed. Commissioner McCray queried if there were openings in the Department and learned there are some vacant positions, but individuals were already selected for them and were currently onboarding. Then the Department will be full. He noted it was difficult to fill some of those positions. Mayor Grant commented the two Future Agenda Items was the Green Spot Electric Vehicles in the City, which he hoped would be on the agenda in January. Ms. LaVerriere agreed to bring the item back. Commissioner McCray also inquired how long the properties associated with Item 13B would remain on the agenda. Ms. LaVerriere responded she needed to revisit the item with each Commissioner and prioritize them. She could bring back an item on the condition of the properties. Commissioner McCray noted the item was on the agenda for nearly a year. If it would not be addressed, the item should be removed. Mayor Grant wanted to add the City's properties on SW 3rd Avenue. He was aware the City had a property next to the railroad tracks and another one out west near SW 8th Street. 14. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Vice Mayor Romelus seconded the motion that unanimously passed. The meeting was adjourned at 8:24 p.m. (Continued on next page) 2 Page 449 of 770 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 4, 2018 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice or - Christina Romelus Commissioner— Justin Katz Commissioner— Mack McCray Commissioner—Aimee Kelley ATTEST Queenester Nieves Deputy City Clerk 00 Catherine Cherry Minutes Specialist 27 Page 450 of 770 7.A. BIDS AND PURCHASES OVER$100,000 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-2C-02 with CDM Smith in the amount of$180,931 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for Migration of Lift Stations, Wells and Potable Water Storage facilities to a new Supervisory Control and Data Acquisition (SCADA) platform. EXPLANATION OF REQUEST: The wastewater lift stations, raw water wells and the remote water storage facilities were upgraded to a new control system in 2008 and 2009 as part of a program to standardize on a new SCADA system. Since that time the SCADA software, VTScada, has been upgraded frequently to the latest version. Significant changes were introduced in VTScada Version 11 that necessitate a major overhaul of the SCADA programming and Human Machine Interface (HMI) screens. The water plants are already on Version 11 but the other equipment is still on Version 10. This requires running two different server platforms and the Version 10 hardware is beyond its intended life span. The project will require major modifications to the VTS database, design and programming of new HMI screens and assigning new data tags to the information coming in from the field. The system handles in excess of 70,000 data points from the remote stations at any one time. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The upgrade will improve the reliability of the central monitoring of the remote pumping of our raw water, potable water and wastewater facilities. Standardizing operations on a single platform will greatly simplify system support. FISCAL IMPACT: Budgeted Funds are available in the Capital Improvement Plan at account 403-5000-535-65.04 ALTERNATIVES: Continue operating on the old platform with the increasing risk of failure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 451 of 770 Grant Amount: ATTACHMENTS: Type Description D Addendum Task Order D Contract General Consulting Contract® C D M Snaith Page 452 of 770 GUM S Ith Collection Systems,ASR,and Wellfield VTScada Upgrade Contract No.: 046-2821-17/TP-General Consulting Services Scope Category"C" Task Order No.UT-2C-02 Background This Task Authorization-Collection Systems,ASR,and Wellfield VTSCADA Upgrade,when executed,shall become part of the Agreement for Professional Services between the City of Boynton Beach (CITY) and CDM Smith Inc. (CONSULTANT) dated August 20,2018 as it relates to supporting the replacement and/or modification of the current collection system,aquifer storage and recovery(ASR),and wellfield VTScada application. This system monitors and controls the referenced applications and communicates to the existing field devices through Motorola FIUs and a radio network and was installed by DCR Engineering Services,Inc.The existing system has a DCR proprietary layer integrated into the application which is no longer supported and thus prevents the CITY from upgrading to the current version of VTScada.To rectify this,the CITY would like to upgrade the VTScada application to the latest version and remove the DCR layer. Scope of Work To support the replacement and/or modification of the current collection systems,ASR,and wellfield VTScada application,the CONSULTANT will review the existing application for functionality,including the DCR layer,and a new application will be developed (and/or modified)using the existing screens in the East Plant HMI application as a design guide. Task 1—VTScada Upgrade CONSULTANT will review the existing application including the DCR layer for functionality and design.The CONSULTANT will provide a basic version upgrade which will replace the existing system with the base operations and develop and/or modify the required screens and reports. Subtask 1.1 -Graphic Screens and Database Work Each individual process area is controlled by a PLC (one PLC could control more than one process area).The VTScada Upgrade will include development of the graphic screen(s)for a process area as well as the creation of database HMI tags for it Graphic screens to be included: 1. System overview screen for top level navigation 2. Standard 2 Pump Lift Station Screen 3. Standard 3 Pump Lift Station Screen 4. FIU status screen (previously named DCR Manager Screen) 5. 1 MG&3 MG Storage Tank Screens (1 screen for each tank) Page 453 of 770 Collection Systems,ASR,and Wellfield VTScada Upgrade Task Order No.UT-2C-02 Page 2 6. West Well Status Screen 7. Eight map-style station screens 8. Lift Station Status Screen 9. ASR#1 &ASR#2 Screens (2 screens for each ASR) 10. Sludge Collection Pit Screen 11. Polymer Injection Unit Screen 12. Phosphate Injection Unit Screen 13. West Plant Switchgear Screen 14. Stations Disregard List Screen 15. Station Comm Status Screen (previously named CommStats Screen) 16. Distribution Overview Screen 17. Modbus Driver Status Pop-Up (previously named Terry Screen) The CONSULTANT will participate in a workshop with the CITY to review the screen design and layout;and identify the proper use of the CITY HMI standards and guidelines from the existing screens of East Plant HMI application.The screen design will be finalized based on the comments received from the workshop.The CONSUTLANT will develop HMI tags to communicate between VTScada and the FIUs.The graphic screens and the HMI database developed in the virtualization environment will be verified with proper functionality of the overall system. CONSULTANT shall conduct an unwitnessed system integration test in-house using simulation RTU/PLC software in lieu of actual onsite RTU/PLCs for connection to HMI system. CONSULTANT shall conduct a witnessed factory test(WFT) at the client location.This test will consist of one runtime client loaded with the new application.The test is to offer CITY a view of finalized graphic screens and operation.Testing results shall meet the CITY'S expectations,as defined in the workshop,for appearance and functionality. Subtask 1.2—Reporting The CONSULTANT will provide the following reports: 1. Daily LS report on run times etc. 2. Monthly report from the ASRs for FDEP. 3. Monthly report for SFWMD on well pumpage. The CONSULTANT will obtain the report information associated with the process area and implement the necessary reports/modifications as requested by the CITY. Subtask 1.3—Installation of VTScada Software V11.3 CONSULTANT's will install VTScada software V11.3 on the Development Server provided by the City.The new VTScada will be running in parallel with the existing system and CONSULTANT will monitor the correct anomalies on the new system.The two systems will operate in parallel Page 454 of 770 Collection Systems,ASR,and Wellfield VTScada Upgrade Task Order No.UT-2C-02 Page 3 until the CITY has verified the proper operation of the new system at which point the old system will be decommissioned by the CONSULTANT. Task 2— Project and Quality Management Meetings Activities performed under this task consist of those general functions required to maintain the project on schedule,within budget,and that the quality of the work products defined within this scope is consistent with the CONSULTANT's standards and the CITY's requirements.Specific activities included are identified below: Subtask 2.1 —Progress Meetings The CONSULTANT will meet with the CITY at regular intervals during the duration of the project to discuss the progress of the project. A total of three progress meetings have been planned for budget estimating purposes.The CONSULTANT will prepare meeting notes of each meeting as appropriate.This task also includes internal team meetings. Subtask 2.2—Project Quality Management The CONSULTANT maintains a quality management system (QMS)for CITY projects performed by the CONSULTANT.Technical reviews of deliverables are budgeted for and will be performed to review various milestone submittals. Subtask 2.3—Project Status Reports The CONSULTANT's project manager will prepare and submit a monthly written status report and invoice for anticipated project duration of 4 months.Additionally,the CONSULTANT will provide email updates as requested by the CITY. Assumptions The above described engineering services have been based upon the following assumptions: ■ CONSULTANT will not import historical data. ■ The CONSULTANT will provide training during the commissioning activities on the new system.Training material and formal training classes are not included. ■ The CITY is currently under Trihedral support.The CONSULTANT assumes the upgrade is included in this support contract and have not included license costs. ■ The CITY will provide all hardware including the new servers for the VTScada application. The CITY will configure all hardware with the necessary operating systems and settings. ■ Modification of the FIU or RTU programs to remove the DCR layer is not included. It is our understanding that this is not required. ■ The DCR layer has custom configuration screens for adding and configuring layers.As the scope of this project is to remove the DCR layer,replicating that functionality is not included. Page 455 of 770 Collection Systems,ASR,and Wellfield VTScada Upgrade Task Order No.UT-2C-02 Page 4 ■ CONSULTANT has not included time to go to each remove site for verification. Each site communicates to its FIU which concentrates the data for communications to and from VTScada.Time to check two of each type of site for verification is included. Deliverables The CONSULTANT will provide the following deliverables to the CITY: ■ Meeting notes for the project kickoff meeting,workshop,and project status review meetings. ■ VTScada software V11.3 on the Development Server provided by the City. Fee For the services performed under this Task Authorization,the CITY agrees to pay the CONSULTANT the lump sum fees of$180,931.The fee build-up for the lump sum amount are presented in the attached tables and subconsultant scope. Schedule The CONSULTANT shall complete the work within 6 months of receipt of the notice-to-proceed from the City.A project schedule will be developed following the project kickoff meeting with CITY staffs. Page 456 of 770 S U M M � k En En En En En En En �.,5 N OJ �O �O to <n t-n to t-n to t-n to t-n 0 0 0 0 V CCC��i En En En En En En En fi>_l O O O �O O m a 1O O O O N O 7 7F 0 � O N cy. U d 0 0 0 0 0 0 01 c � � m F �U obi O o � o O o CO y •~ c. vaiO y �� x N N O O O N d' N y � m y O c N C. O O O U o Co y M 'p O O � � x m � � o d � ^' i - t U din =k 11-2.1-1-2.1- ~+- N N - Fm "1V A�C CDM BOYNTON BEACH COLLECTIONS VTSCADA UPGRADE SCOPE OF SERVICES Revision 3 December 3,2018 I. PROJECT DESCRIPTION The City of Boynton Beach has an existing VTScada HMI system that monitors and controls their collections system, ASR wells and two well fields. This system communicates to the existing field devices through Motorola FIUs and a radio network and was installed by DCR Engineering Services, Inc. The system has their proprietary DCR Layer integrated into the application which is no longer supported and thus prevents Boynton Beach from upgrading to the current version of VTScada. To rectify this, Boynton Beach would like to upgrade the VTScada application to the latest version and remove the DCR Layer. The approach to this project will be a replacement of the current Collections VTScada application. The existing application will be reviewed for functionality, including the DCR Layer, and a new application will be developed using the existing screens in the East Plant HMI application as a design guide. II. SCOPE OF SERVICES The development of the new application and its implementation will be performed by M&C. M&C will include CDM in the development process and details to familiarize CDM with the application so they can provide local support to the city after project completion. During the development of the application, samples of the screens will be provided to CDM for review with the city. A workshop to discuss the screen designs and determine the final look and functionality will be held with CDM and the city. Upon receipt of all comments, the screens will be finalized. Tags to communicate data between VTScada and the FIUs will be created and tied to the graphics for monitoring and control capability. These tags will be configured for trending and alarming. New VTScada software V11.3 will be installed by M&C on new servers provided by the city and tested internally. Once the system has passed internal testing, the servers will be installed at the East Plant and the system will be placed in service in parallel to the existing system. The two systems will operate in Page 458 of 770 parallel to each other until CDM and the city have verified the proper operation of the new system at which point the old system will be removed. M&C will perform the following tasks: A. Provide project management and quality assurance/checking services throughout the project. B. Participate in an on-site project kick-off meeting to discuss the scope and schedule associated with the project. C. Review the existing application including the DCR Layer for functionality and design. D. Develop new screens using the East Plant VTScada screens as a design guide. Screens to be included will be: 1. System overview screen for top level navigation 2. Standard 2 Pump Lift Station Screen 3. Standard 3 Pump Lift Station Screen 4. FIU status screen (previously named DCR Manager Screen) 5. 1 MG &3 MG Storage Tank Screens (1 screen for each tank) 6. West Well Status Screen 7. Eight map style station screens 8. Lift Station Status Screen 9. ASR#1 &ASR#2 Screens (2 screens for each ASR) 10. Sludge Collection Pit Screen 11. Polymer Injection Unit Screen 12. Phosphate Injection Unit Screen 13. West Plant Switchgear Screen 14. Stations Disregard List Screen 15. Station Comm Status Screen(previously named CommStats Screen) 16. Distribution Overview Screen 17. Modbus Driver Status Pop-Up (previously named Terry Screen) E. Develop a single DEP report for the ASR wells, a single lift station daily run times report and a single report for the well monthly pumpage for SFWMD using the current city report templates. F. Participate in a workshop with CDM and the city to review the screen design and functionality. G. Finalize the screen design based on the comments received from the workshop. H. Develop HMI tags to communicate between VTScada and the FIUs. There are approximately 47,000 tags in the current system. I. Install the VTScada V11.3 software on new servers provided by the city J. Test the application internally for QA/QC C Page 459 of 770 K. Implement the new servers at the East Plant L. Check-out the new VTScada application to verify proper monitoring and control of the stations. The system will be placed in service in parallel to the existing system. M. After CDM and the city have verified the proper operation of the new system, remove the old system. M&C has assumed the following: A. We have not included importing historical data. B. We anticipate providing informal training during the commissioning activities on the new system. Training material and formal training classes have not been included. C. The city is currently under Trihedral support. We have assumed the upgrade is included in this support contract and have not included license costs. D. The city will provide all hardware including the new servers for the VTScada application. The city will configure all hardware with the necessary operating systems and settings. E. We have not included modification of the FIU or RTU programs to remove the DCR Layer. It is our understanding this is not required. F. The DCR Layer has custom configuration screens for adding and configuring stations. As the scope of this project is to remove the DCR Layer we have not included replicating that functionality. G. We have not included time to go to each remote site for verification. Each site communicates to its FIU which concentrates the data for communications to and from VTScada. We have included time to check two of each type of site for verification. M&C offers this scope at the fee below: We have provided a breakdown of costs attached to this proposal for your convenience. The project will be executed as a lump sum project. Monthly invoices equal to the completion percentage of the project will be issued. TOTAL $157,446.00 M&C estimates 6-8 months to complete the project after receipt of order from CDM. Page 460 of 770 opo 0:00000. oorom.,Ow w, moo—oo-..00-oo- -oo-oo-:o-o-o-o-o ow "'omro n�ow counwa' v ro o�ri�0 nm ,-Nm'. opo 00000 0.m o0comoo 0 OOO-oo-00-00-0-o-o—O-O—o-000- o- y ads ae v e X W l� 0 � WOQO��ONOO 1900 O-ON-.---OWO-----a-O-OO. \1J W MOO:O o So o o N O N28000000Ov0a0 Ooo0oo 000Oo . - � :� o. .. . O y� Z5 � ��f O tM 0 oo I� 'O N N OI y ar m y m 00 aO» U rZ Q o o t G3 QQ rpMi o E d o u _z n 00 U.p .W W m K U Gay N O0 00 O� 4 mY U `O� Z ',. ZZ. F O O U w z U G �d O Q O N W O w O D U O W w w ry m N m m m v m y y _ of O0 00 a W > a ut' a ro o0 00 ut w w u E U � K � w Q 3 Y � w _ w F mv c v 3 0 a m u o a o m c m E Y N E z o Et E F E u > m rn 3 v o0 a oom oomN N n =U =U z O o `m v p p p m¢0 N 3 Io u o 3 r u Y G c w � W W W v f m v a` n n w 0 U d Y K.-��U�Zi w o N¢ F U O .rr O GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CDM SMITH, INC., hereinafter referred to as "the CONSULTANT",in consideration of the mutual benefits,terms,and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services;and WHEREAS,THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach,RFQ No.046-2821-17rrP;and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders,at the request of the CITY during the term of this Agreement,including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants'work. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLEAN FINAL Page 462 of 770 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost,and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services C-2 V.5 CLEAN FINAL Page 463 of 770 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes,administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL Page 464 of 770 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 465 of 770 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY.If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY,if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY,if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project,and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL Page 466 of 770 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services C-6 V.S CLEAN FINAL Page 467 of 770 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints,drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractorfor the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time,no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT,which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 12.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; •3 Conducting all necessary construction progress meetings; •A Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services 7 V.5 CLEAN FINAL Page 468 of 770 Field observation and verification of quantities of equipment and materials installed; Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; •S Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; B• Development and implementation of a system for the preparation, review,and processing of change orders; •t• Maintenance of a daily log of each project; •3 Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; •'• Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion;and S Securing and transmitting to the CITY, required guarantees;affidavits; releases;key manuals;record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY,and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL $ Page 469 of 770 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees,subconsultents and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. •: Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. •S Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to,changes in size,complexity,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies,reports,design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations,ordinances,codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies;cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposa[/proposal protests,re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 470 of 770 proposals) in which event there shall be no additional cost for the provision of such services. 4+ Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. �• Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. +: Providing artwork,models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor,except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4)default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. ❖ Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 471 of 770 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project.The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1,4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services(except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples,materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning,deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT;and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V,5 CLEAN FINAL C-11 Page 472 of 770 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order,the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes,and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSU LTANT,fai lure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling"basis,as some already assigned task orders near timely completion. if a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that tho CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G-12 Page 473 of 770 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach,an event of default shall include the following: + CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90)days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default,the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLF,AN FINAL C-13 Page 474 of 770 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy, The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The initial Contract period shall be for an initial two(2)years,commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions.The CONSULTANT understands and acknowledges that the Services to be performed during the two(2)year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed.At no time shall this transitional period extend more than one-hundred and eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3-TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events,or unless an extension of time is granted in writing by the CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit"A"attached hereto. Payment as provided in this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. �:• Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 475 of 770 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. :• The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative,the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. ❖ The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry,such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index(CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C�� Page 476 of 770 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. B• The CITY may after examination,refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient, In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information,reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT,shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 477 of 770 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE S-COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, 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 Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment to schedules and prices. ARTICLES-INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services C-17 V.5 CLEAN FINAL Page 478 of 770 ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract,CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claimlaggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 479 of 770 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement,maintain a"tail coverage"in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract.The CITY shalt not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12-COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 480 of 770 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,brokerage fee,gift,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate"within one(1)year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract,and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15-DISCRIMINATION PROHIBITED 15.1 The CONSULTANT,with regard to the work performed by it under this Contract, 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. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 481 of 770 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10)days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions,conditions,or requirements herein contained,if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G-21 Page 482 of 770 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall,however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses,economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses,projections,or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. ARTICLE 24-.NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Copy to: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C"22 Page 483 of 770 City of Boynton Beach City of Boynton Beach Attn: Procurement Services Attn: Utilities Director P.O.Box 310 124 E.Woolbri ht Road Boynton Beach, FL 33425 Boynton Beach,FL 33435 And Notices to CONSULTANT,shall be sent to the following address: CDM Smith Inc. Attn:Suzanne Mechler,P.E. 621 NE 53rd Street Suite 265 Boca Raton, FL 33487 ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract,or any disagreement or dispute concerning it,shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it,shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 484 of 770 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes, The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT 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: (CITY CLERK) P.O.BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYLEJABBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 485 of 770 Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES,AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. 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 )0 4,k day of do- 20 c CITY OF BOYNTON ppBEACH City Manager C NSULTANT Attest/Authenticated: 0V`Q '•"'!rSM T of Title 197U • a — Cit erk "at y Approved to Fo Attest/Authenticated: Offi of the Cit Attorn Secretary Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL Page 486 of 770 EXHIBIT"A" FEE SCHEDULE FIRM: CDM SMITH INC. DATE: March 19,2018 Personnel Classifications Hourly Rate Principal $270.00 Project Manager $250.00 Senior Engineer $220.00 Process Engineer $220.00 Sr Electrical Egn. $230.00 Elec.Egn. $160.00 Process Control/Inst.Egn. $210.00 Sr.Mechanical Engineer $230.00 Mechanical Engineer $160.00 Engineer $160.00 Designer $140.00 GIS Specialist $180.00 CADD/Technician $140.00 Public Relations Specialist $150.00 Construction Inspector $165.00 Sr.Rate analyst $240.00 Clerical/Administrative $120.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CI.,EAN FINAL C-2fi Page 487 of 770 EXHIBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contacts,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 AM,Best Co.of`B+"or higher.(NOTE do insurance contract or binder stay be accepted as proofof insurance if Certificate is provided upon selection of vendor,) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) --------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------- -------------------------------------------------------------- General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Internodal ---------------------------------------------------------------------------------------------------------------------------------- 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 -------------------------------------------------------------------------------------------------------------I-------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ---------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost -------------------------------------------------------- --------------------------------------------------------------- Other- As Risk Identified to be determined -------------------------------------------------------------------------------------------------------------------_---------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 488 of 770 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date; Name of Firm: Office Location: 1. 1 Service: I (Check One) p Plarmin /Study Activity,Re ortOther ❑ Design/Engineering Services/Preliminary Bid Document ❑ Finat Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name ofPraject: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating Check One ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? 1 ❑ I Yes 1 ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of paper, 8. Name title and office ofrating officer e. .Utilities Director): 9, Signature ofratinofficer: Boynton Beach Utilities-General Consulting Services V.5 CLF.AN FINAL C"28 Page 489 of 770 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerical) 1 to 5 with 5 beingthe hi hest score N/A 1. Thorou h site investigation 1 2 13 14 15 2. ..Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity,accuracy,and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID,&AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Secs afford competition 1 12 3 4 15 2. Secs complete/thorough 1 2 3 4 15 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineers estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. 1 Pre-bid conference participation 1 2 3 4 5 8. Respons to inquiries 1 2 3 4 5 9. Bid evaluation ualit /timeliness 1 2 3 4 5 10. Response to building&permittinq agencies 1 2 3 14 5 11. Addendum preparation&permit applications 1 2 3 14 5 Name and title of rating officer(e.g. Utilities Director): rn Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 490 of 770 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Drawings Reflect True Conditions 1 12 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. 1Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation,etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 1 2 3 14 1 5 Name and title of rating officer(e.g. Utilities Director): Si nature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3U Page 491 of 770 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the highest score NIA 1. Thorou h investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solvin ? 7. Overall results 1 2 3 4 5 Name and title of ratinq officer(e.g. Utilities Director): Signature of ratinp officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 492 of 770 CERTIFICATE OF LIABILITY INSURANCE DAT0802�01 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. w a IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on thisO certificate does not confer rights to the certificate holder in lieu of such endorsement(s). '� PRODUCER CON EACT 0 Aon Risk Services Northeast, Inc. PHONE (g66) 283-7122 FAX 800-363-0105 d Boston MA Office AIC.Na Ext: /C.No, 53 State Street E-MAIL 2 0 suite 2201 ADDRESS: _ 805tOn MA 02109 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: National union Fire Ins Co of Pittsburgh 19445 GDM Smith Inc. INSURER B: New Hampshire insurance company 23841 75 State street, Suite 701 Boston Ma 02109 USA INSURER C: American Home Assurance Co. 19380 INSURER D: Illinois National insurance cc 23817 INSURER E: Lloyd's syndicate No. 2623 AA1128623 INSURER F: COVERAGES CERTIFICATE NUMBER:570072564350 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limas shown are as requested INSR ADD[BURR YEXP LTR TYPE OF INSURANCE [NBC WVD POLICY NUMBERMMID LIMIT A X COMMERCIAL GENERALLIABIUY GL 4 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $300,000 PREMISE nonce MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 rq GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4,000,000 PRO-POLICY �JECT X LOC PRODUCTS-COMP/OPAGG 54,000,000 OTHER: 0 n A AUTOMOBILE LIABILITY CA 1921822 01101/201801/01/2019 COMBINEDSINGLE LIMIT $2,000,000 'c A05 A X ANYAUTO CA 1921821 01/01/2018 01/01/2019 BODILY INJURY(Perperson) 0 OWNEDSCHEDULED MA BODILY INJURY(Per accident) d AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE K ONLY AUTOS ONLY Peraocdenl O d UNBRELLALIAB HOrCUR EACH OCCURRENCE V EXCESS LIM CLAIMS-MADE AGGREGATE DED I RETENTION B WORKERS COMPENSATION AND WC014649625 01/01/2018 01/01/2019 X PER OTH- E6PLOYER&LIABILITY YIN AOS STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $1,000,000 B OFFICERIMEMSER EXCLUDED? N NiA WC014649626 01/01/2018 01/01/2019 (Mandatory in NH) AK,AZ,VA E.L.DISEASE-EA EMPLOYEE $1,000,000 if e under DESCRIP ON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-_ E Archit&Eng Prof PSDEF1800033 01/01/2018 01/01/2019 Each claim 51,000,000 Professional/claims Made Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Addmanal Remarks Schedule,maybe attached Nmare space is required) City of Boynton Beach is included as Additional insured in accordance with the policy PProvisions of the General Liability and automobile Liability policies. XCU coverage is included under the General Liability go icy where required by written contract. ri.r contractual Liability is included under the General Liability policy where required by written contract. 3 ■ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach AUTHORIZED REPRESENTATIVE Attn: Charles J. Magazine Risk Manager � �y 100 E. Boynton Beach Blvd. �y� r, f- pe—z? Po BOX 310 . [a c.?��i c%L'.rlrrs; c/�` .,,,!>. Boynton aeach FL 33435-0310 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 493 of 770 AGENCY CUSTOMER ID: 10518329 LOC#: ADDITIONAL REMARKS SCHEDULE Page _of_ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. CDM Smith Inc. POLICY NUMBER See Certificate Number: 570072564350 CARRIER I IN IC CODE see certificate Number: 570072564350 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER, INSURER ADDITIONAL POLICIES if a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION I.rnITS LTR INSD VIVO DATE DATE NIDD MMlDD WORKERS COMPENSATION C N/A WC014649627 01 01/2018 01 O1 2019 CA D N/A WC014649628 01/01/2018 01/01/2019 FL B N/A WC014649629 01/01/2018 01/01/2019 IL, KY, NC, NH, UT, VT B N/A wc014649630 01/01/2018 01/01/2019 MA, No, OH, WA, WI, WY B NJAwc014644631 01J01/2018 01/01/2019 NI, PA ACORD 101(2008/01) 92008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Page 494 of 770 7.B. BIDS AND PURCHASES OVER$100,000 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-2A-01 with CH2MHill/Jacobs in the sum of$105,358.30 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A executed on August 22, 2018 for Nanofiltration Membrane Element Replacement at the West Water Treatment Plant. EXPLANATION OF REQUEST: The City of Boynton Beach owns and operates the Nanofiltration West Water Treatment Plant(West-WTP) commissioned in the early to mid 1990's. The West-WTP treats surficial aquifer water using six nanofiltration membrane skids each producing 1.45 mgd of permeate. Each skid contains 156 stage 1 and 60 stage 2 elements for a total of 216 elements. The membrane elements are almost 14 years in operation and nearing the end of their useful life. This request will be for the design, bidding and installation of the replacement elements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement of these membrane will ensure continued production of high quality drinking water for the City of Boynton Beach and its customers. FISCAL IMPACT: Budgeted Budgeted funding is available in Utilities account 403-5000-533-65.02. Project No. W TR020. ALTERNATIVES: Since the membrane filtration is an integral part and main process of the West Water Treatment Plant, there is no feasible alternative. Membranes from different manufacturers will be evaluated to select the ones that produce the best water quality at the lowest cost per unit of water treated over the useful life of the membranes STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 495 of 770 ATTACHMENTS: Type Description D Agreement Agreement D Task Order Task Order Page 496 of 770 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as"the CITY", and CH2M HILL ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services;and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No.046-2821-17fTP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: ® Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 497 of 770 its Sub-consultants'work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 498 of 770 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services C W.5 CLEAN FINAL Page 499 of 770 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services C-4V.5 CLEAN FINAL Page 500 of 770 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received bythe CITY and shall make arecommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment exadesign professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market uundiUono. CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost \uthe CITY.|fthe is not advertised for proposals within three(3) months after delivery ofFinal Design Plans, through nofault of the CONSULTANT orifeither local market conditions urindustry- wide prioeshovuuhangedbemayseo[vnuouo| orunanUdpated events effecting the general level ofprices ortimes ofdelivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and osapproved bythe CITY, ifnecessary. Additionally, if the CITY expands aproject scope ofwork after the CONSULTANT renders the Final estimated probable Construction Cost ofthe Final Design Plans,the CONSULTANT shall not boresponsible for any redesign without compensation which axaU be mutually agreed tobythe parties hereto. 12.0.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.84 The CONSULTANT ahoU attend all pre-proposal/per-bid conferences. 128.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as uppmp,iate, to o|u,ify, oo,nem, or change proposal dooumento. 1.2.8.0 |fPre-Qualification ofbidders isrequired asset forth inthe Request for Proposals urInvitation toBid 0wo-s\epbid pmcess>. CONSULTANT shall assist the CITY, ifrequested indeveloping qualifications oriteho, review qualifications and recommend acceptance orrejection ofthe bidders. 12.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award bythe CITY. 1.18 The CITY shall make decision onall claims regarding interpretation Construction Documents,and nnall other matters relating mthe execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT oxuU check uoxeuu|eo, nxup drawings and other submissions for the limited purpose of checking conformance with the concept ofthe project, and for compliance with the information given bythe Construction Documents. The CONSULTANT shall also review change orders prepared and submitted byContractor and review and make recommendations mthe City for progress payments to the Contractor booed on each project onxedu|o of values and the Boynton Beach Utilities General Consulting Services V.5 CLEAN FINAL C-6 Page 5O1of77O percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 502 of 770 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: ❖ Conducting all pre-construction conferences; :• Conducting all necessary construction progress meetings; :• Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-� Page 503 of 770 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; ❖ Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; :• Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. :• Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review,and processing of change orders; Maintenance of a daily log of each project; :• Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases;key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 504 of 770 Although CONSULTANT shall not be responsible for xooKx o, safety programs or precautions related to CITY"s activities urthose ufC|TY'o other contractors and uonxukuma or their respective subcontractors and vendors (^Con\roctune^). CONSULTANT shall nonetheless report tuthe Resident Project Representative health and safety conditions or deficiencies observed byCONSULTANT'S employees orrepresentatives. CONSULTANT uhuU not be responsible for C|TY'n pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence o/ willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONGULTANT'semployees, subconsuUantsand vendors. 1.3 ADDITIONAL SERVICES 1.5.1 When additional services are necessary they shall be specified in the written Task Order. Examples ofadditional(not exclusive)services are: w Preparation of applications and supporting documents for ph,ovo o, gn,ammenbu| grants, loans or advances in connection with any particular projec. * 8onxoeo to make measured drawings of o, to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished byor0othe CITY. * Services resulting from significant uhongeointhe general scope,extent orcharacter nfany particular project orits design including but not limited to, changes insize,complexity,the CITY'S schedule,character of construction or method of finanoing, and revising previously accepted studies, reports,design documents orConstruction Contract Documents when such revisions are required by changes to |awa, rules, regulations, ordinances, codes ororders enacted subsequent to the preparation of such dudios, reports or documents, or one due to any other causes beyond the CONSULTANT'S control. � Providing renderings ormodels for the CITY'S use. � Preparing documents for alternate Proposals requested bythe CITY for work that imnot executed for documents for out-nf-noquenoowork. � Investigations and studios involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation offeasibility studies; cash flow and economic evaluations, rate nnxedu|oa and appraisals; assistance in obtaining financing for a evaluating p,uneammo available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and |abor, and audits or inventories required in connection with construction performed hythe CITY. � Assistance inconnection with Proposal/proposal protests,re-bidding o, re-negotiating contracts no, nonst,umion, matehu|n, equipment o, services,unless the need for such assistance ioreasonably mined hythe CITY tubecaused bythe CONSULTANT(e.g. defective plans avvomoavuchommrs-ocncm/conmmngmorium C-9 v.5CLEAN FINAL Page 5O5of77O and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. *o Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. s Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. ❖ Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which,case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 506 of 770 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following inatimely manner ooasnot todelay the services ofthe CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect 10the services(oberendered under this Agreement. Such penson(s)shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for uparticular project.The CITY may have multiple CITY Repnementodve(m)orproject managers during the performance ofthis AGREEMENT based onthe specific task onje,s/w,ioontask orders from each ofthe Scope Categories. 1.4.12 Provide all criteria and full information ontothe CITY'S requirements for the Pnojoct, including design objectives and cnnsbainta, upane, capacity and performance equimmonha. flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent tuthe Project including previous nopoda and any other data relative to design or construction ufthe project. 14.1.4 Furnish tothe CONSULTANT, ifrequired for the performance nf CONSULTANT'S services(except where otherwise furnished by the CONSULTANT aoAdditional Gemimea).the following: 14.1.5 Data prepared by, or services of others, including without limitations boringa, pmbinge and subsurface exp|omhona, hydrographic numuya. laboratory tests and inspection of momp|eo. materials and equipment; 1.4.1.0 Appropriate professional interpretations ofall ofthe foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Pmperty, boundmry, eaaemeni, hght-of-way, topographic and utility surveys; 1.419 Property descriptions; 1.4110 Zoning,deed and other land use restrictions; 1.41.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility ofthe CONSULTANT; and 1.4.1.12Arrange for access homake all provisions for the CONSULTANT to enter upon the CITY'S property an required for the CONSULTANT mperform services under this Agreement. 1.4.1.15 Consistent with the professional standard ofcare and unless otherwise specifically provided heein. CONSULTANT shall be entitled to rely upon the accuracy of data and information provided bythe CITY urothers without independent review or evaluation. Boynton Beach Utilities'General Consulting Services o-11 v.5CLEAN FINAL Page 5O7of77O 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5A When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling"basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services C-12 V.5 CLEAN FINAL Page 508 of 770 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result inthe CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have noright tothe balance ufany work,ortoany compensation associated with these non-issued task orders due tothe CONSULTANT being rendered indefault. 1.58 Should the CONSULTANT remain indefault for aperiod o[fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.Gthe CITY may akits sole option retain another CONSULTANT to perform any wmdh arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. Anevent o{ default shall mean omaterial breach nfthis Without limiting the generality ofthe foregoing and in addition to those instances referred h000umaterial breach,onevent nfdefault shall include the following: * CONSULTANT has not performed services on oUmely basis due to CONSULTANT'S negligent errors nromissions; * CONSULTANT has refused o,failed tusupply enough properly skilled personnel; * CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS orsuppliers for any services after receiving payment from the CITY for such services ursupplies; * CONSULTANT has failed to obtain the approval of the CITY where required hythis Agreement; e CONSULTANT has refused urfailed uoprovide the services aodefined |nthis Agreement; * CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90) days of such date. � CITY has failed to make payments to CONSULTANT in accordance with the requirements ofthis Agreement 1.62 |nthe event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: � The difference between the amount that hos been paid to the CONSULTANT and the amount required to onmp|eha the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates uunot exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred bythe CITY. � In the event nfdefault bythe Cdy. CONSULTANT may suspend the Work pending receipt ofsuch payment. Boynton m,axUtilities'General Consulting Services o4u v.5CLEAN FINAL Page 5O0of77O 1�3. The CITY may take advantage ofeach and every remedy specifically existing at law orinequity. Each and every remedy shall beinaddition 0u every other remedy given orotherwise existing,and may beexercised from time totime and oaoften and insuch order anmay bedeemed expedient bythe CITY. The exercise orthe beginning ofthe exercise ofone remedy shall not be deemed to be a waive, of the right to exercise any other remedy. The CITY'S rights and remedies aaset forth in this Agreement are not exclusive and are in addition 0oany other rights and remedies available tnthe CITY inlaw orinequity. ARTICLE 3'TERM 2.1 The initial Contract period shall bofor aninitial two V8years, commencing atthe execution ofthe contract, and the City reserves the right hounilaterally renew the contract for U`mo (3) additional one (1) year periods under the same tennn, conditions.The CONSULTANT understands and acknowledges that the Services toboperformed during the two(2)year term will ba governed bYthis Agreement, and that there ionoguarantee offuture work being given hnthe CONSULTANT. 2.2 |nthe event that services are scheduled toend either bycontract expiration orhy termination bythe CITY (at the CITY'S dioonet|on). the CONSULTANT shall continue the oomiceo, if requested by the C]TY, or until tank or tasks is/ane completed.At no time shall this transitional period extend more than one-hundred and eighty(1180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this uomioe at the rate in effect when this transitional period clause was invoked bythe CITY. ARTICLE 3'TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY\othe CONSULTANT byway ofanexecuted task order and resultant task under. CONSULTANT shall perform all services and provide all work product required pursuant tothis Contract and the specific task order bythe Sequence of Events, urunless onextension oftime isgranted inwriting bythe CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall bepaid by the CITY for completed work and for services rendered under this agreement oofollows: w Payment for the work provided byCONSULTANT shall bemade in accordance with the Fee Schedule as provided in Exhibit"A"attached hereto. * Payment aaprovided inthis Section shall befull compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary tocomplete the work. * Compensation for sub-CONSULTANTS will he negotiated based on each task order. Compensation will be through adirect mark-up m Boynton Beach Utilities-General Consulting Services C-14 v.5CLEAN FINAL Page 51Oof77O accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- upisapp|iedformanagementeforto. � The CONSULTANT may submit vouchers tuthe CITY once per month during the progress of the Work for partial payment for project completed todate. Such vouchers will be verified by the C|TY, and upon approval thereof, payment will bomade tothe CONSULTANT in the amount approved. * |ncertain cases where incremental billing for partially completed Work is permitted bythe CITY'S representative,the total incremental billings shall not exceed the percentage ofestimated completion nfidentifiable deliverables o,accepted deliverables ono,the billing date. * Computation of Time Charges/Not-to-Exceed Method of Payment: When a service ism be compensated bused untime charge/not-to- exceed method, the CONSULTANT shall submit o not-to-exceed proposal to the CITY'S representative for p,|u, uppnmo| based on estimated labor hours and hourly rates which oxoU not exceed the established hourly rates as per the Schedule of Professional Fees attached herem, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not beobligated toreimburse the CONSULTANT for costs incurred inexcess ofthe total nu»«u'exceadcost amount. � Final payment of any balance due the CONSULTANT ofthe total contract price earned will bemade promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance bythe CITY,which shall occur nolater than 3Odays following receipt ofthe invoice. * Final Invoice: |norder for both parties herein hoclose their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S finoNmat billing 10the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the QTY. Since this account will thereupon be o|000d, and any other further charges if not properly included onthis invoice are considered waived bythe CONSULTANT. w The cost ovall services aostated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costa for subsequent years and any extension terms shall besubject toanadjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred inthe industry,such increases shall not exceed 5% per year, o, whichever is |auo. the latest yearly percentage increase mthe All Urban Consumers Price |ndex(CP|-U) (National) as published by the Bureau of Labor Statistics. U.S. uvvomwaoachom/ues'omcm/c"o,um"uxem/co C'1s V.5 CLEAN FINAL Page 511 of 770 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination,refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 512 of 770 engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response 1othe RFO. CONSULTANT has represented toCITY that certain individuals employed byCONSULTANT shall provide services tnCITY pursuant tuthis Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval ofthe CITY,which consent shall not beunreasonably withheld. ARTICLE W'COMPLIANCE WITH LAWS 8.1 CONSULTANT nhaU, in performing the services contemplated by this service Contract, faithfully nbnunm and comply with all hadero|, state and local laws, ordinances and regulations thatavuapp|icaWetothesemiceshobenanderedunder this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional xo,e and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, o,dinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment mschedules and prices. ARTICLE R'INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08. CONSULTANT uxe|| indemnify, and hold harmless the CITY, its offices, agents and employees,from and against any and all |uaaos, or any portion themof, including noononob|o attorneys'fees and costs,arising from injury or death to persons,including injuries, uiukneoo, disease or death to CONSULTANT'S own employees, u, damage ou property to the d by negligence, N intentionally wrongful ounUuu1 of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party tothis Contract shall be liable for any specia|, incidenta|, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract orout ofthe services orgoods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CUNGULTANT'uindemnification obligation (when providing services hnCITY) shall not exceed the value of CON8ULTANT's total compensation. Such obligation shall not be construed to negate, abridge orotherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described inthis Article. PURSUANT TO FLORIDA STAT[]l[E, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYE[] BY []RACTING/\S/\N AGENT OF CONSULTANT MAY BE HE[[] INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services C-17 v.5CLEAN FINAL ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. Thin policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 514 of 770 102 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. ub-CONGULTANTSoomplywdhthesameinaunenoeequinementseferencedabove. 10.3 In the judgment of the C|TY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different inkind, the CITY reserves the right torequire the provision by CONSULTANT of an amount n[ coverage different from the amounts or kind previously required and shall afford written notice ofsuch change in requirements thirty (30) days prior tothe date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement ofchanged coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change inpolicy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement, maintain e"tail coverage"|nonamount equal tuthat described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT 11.1 The CONSULTANT and the CITY agree that the CONSULTANT ioanindependent CONSULTANT with respect umthe services provided pursuant mthis Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT ahu|| be entitled to any benefits aouun1ed CITY employees by virtue of the services provided under this Contract.The CITY shall not be responsible for withholding or otherwise deducting federal income tax o, social security or for contributing to the state industrial insurance pmgrom, otherwise assuming the duties ofanemployer with respect|uCONSULTANT, or any employee ofCONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant tothis Agreement, CONSULTANT shall comply with Chapter 118, Florida G+adu+ey, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available tothird parties inaddition tothe CITY. ARTICLE 12'COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that hohas not employed o,retained any or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities'General Consulting Services C-19v.5cLaxmpmAL price or consideration, or otherwise recover, the full amount of such fee, commission,percentage, brokerage fee,gift,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate"within one(1)year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15-DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, 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. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 516 of 770 ARTICLE 17-.NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions,conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—,DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—.UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 517 of 770 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—.ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-22 Page 518 of 770 ARTICLE 24-NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT,shall be sent to the following address: CH2M HILL ENGINEERS, INC. 550 W.Cypress Creek Rd Fort Lauderdale, FL 33309 Attn:Gerrit Bulman ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not after or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 519 of 770 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT 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: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYLEJ(a-)BBFL.US Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE Boynton Beach utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 520 of 770 REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ('`CONSULTANT'S COVERED PARTIES''), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS, LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. 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 %,2Ny day of . 7 20 . ct}.jm /}11-1- 5w&l/voEQS,.s-IVC. CITY OF BOYNTON BEACHgett City Manager CO A T Attest/Authenticated: Title t5 City Clerk Approv a to Form: Attest/Authenticated: i Offi of the Ci ttt ney 1pof-S r ary i Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL Page 521 of 770 EXHIBIT"A" RATE SHEET FEE SCHEDULE FIRM: CH2M HILL ENGINEERS,INC. DATE: March 19 2018 Hourly Personnel Classifications I Rate Principal $298 Project Manager $235 Senior Engineer $259 Process Engineer $107 Sr Electrical Egn. $211 Elec.Egn. $125 Process Control/Inst.Egn. $125 Sr.Mechanical Engineer $192 Mechanical Engineer $116 Engineer $125 Designer $107 GIS Specialist $125 CADD/Technician $116 Public Relations Specialist $189 Construction Inspector $116 Sr.Rate analyst $225 Clerical/Administrative $88 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-26 Page 522 of 770 EXHIBIT"B" 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 hate a current rating by A.M.Best Co.of"B+"or higher.(NOTE: An insurance contract or binder may be accepted as proof o/insurance if fertificate 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) --------------------------------------------------------------------------------------------------------------------------------- TI�PE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $L000.000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's-Protective(OCP) Personal&Adv.Injury $LOK000.00 Liquor Liability Each Occurrence $1.000.000.00 Professional Liability Fire Damage(any one fire) $ 50.000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations' Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos "Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ----------------------------------------------------------------------------------------------------------------------------------------- Garage Liability .Auto Only.Each Accident $1,000.000.00 Any Auto Other Than Auto Only $ 100.000.00 Garage Keepers Liability Each Accident $1.000,000.00 Aggregate $1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ---------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ----------------------------------------------------------------------------------------------._--------------------------------------- Boynton Beach Utilities-General Consulting Services C-27 V.5 CLEAN FINAL Page 523 of 770 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: I. Service: (Check One) F�, Planning Study Activity,Report,Other L Design/Engineering Services/Preliminary Bid Document Final Document/Bidding/Contractor Award E Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: b. 1 Overall Rating I (Check One) Unsatisfactory Poor Fair Good Excellent 7. 1 Recommended for Future Contracts? Yes No Conditional If other than yes,provide detailed explanation on a separate sheet of a er. 8. Name.title,and office of rating officer(e.g.Utilities Director): 9. Si nature of ratin officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-�$ Page 524 of 770 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough site investigation 1 2 1 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy,and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID,&AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Respons to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting agencies 1 2 3 4 5 11. Addendum preparation&permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 525 of 770 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1.-- Drawings Reflect True Conditions 1 2 3 4 5 Z. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validityof Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation,etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach utilities-General Consulting Services V.5 CLEAN FINAL C-3D Page 526 of 770 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT,OTHER Rate numerically 1 to 5 with 5 beingthe highest score N/A 1. Thorough investi ation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services VS CLEAN FINAL C-31 Page 527 of 770 ' Task Order No. UT-2A-011 Professional Services for NF Membrane Element Replacement at the West WaterTreatment Plant Background The City of Boynton Beach (CITY) owns and operates the Nanofiltration (NF)West Water Treatment Plant (VVTP).00rnmiaoioned inthe early tomid-1QQO'a.The West VVTPtreats Surficia|Aquifer water using six NF membrane skids each producing 1.45 mngd of permeate. The VVTP includes e typical process for this type ofgroundwater with pretreatment consisting ofsulfuric acid injection, cadridgefi|tradion. andsca|einhibitor injection, main treatment consisting of six membrane skids with two stage NF treatment,and post treatment with degaaiUoedion of the NF membrane permeate.The raw water contains hydrogen sulfide and little iron. The treatment includes o bypass blend arrangement however this is currently discontinued because of increased hardness passage inStage 2.The NFmembrane process removes hardness,alkalinity and color from the feed water.The current membrane elements are Dow NFSO'4O0inStage 1and Dow NF27O-4OO in Stage 2. Each skid contains 156 Stage 1 elements and GO Stage elements. The membrane elements are almost 14 years in operation and are nearing their end of life. Based on C|TY'e nmconde. the last membrane replacement was done in 2004 for Skids 1-3 and in 2006 for skids 4'6. CITY now wants to move forward with the design, bidding and installation of replacement NF membrane elements in skids 1-3 and requested o scope of work from CH2M HILL Engineers, Inc. (CONSULTANT). Scope of Services The following sections describe the services to be performed under each task. TASK 1 —DESIGN AND BIDDING SUPPORT As pad of this task, CONSULTANT will provide rnannbnana evaluation and specification development services during the design and bidding: 1.1.Hold a kickoff meeting attended by up to two team members at the VVea1VVTP to discuss project schedule and approach, discuss current membrane skid operations and obtain input from operations staff; 1.2.Obtain from CITY and review skid shop drawings, NF feed pump curves, previous membrane and plant optimization otudioe, current naw and permeate water qua|ih/, including ouKa opeciee, hardness, o|ka|inih/, iron, co|or, ammonia and dissolved organic carbon and up-to-date membrane normalization spreadsheets. If deemed neueaoag/. CONSULTANT will recommend additional water quality analysis,to be performed by CITY or CITY's assigned laboratory; 1.3.Develop and provide technical data to membrane manufacturers and request equipment submittals that meet the requirements; 1.4.Evaluate the provided information of different NF and low-pressure R{] membrane e|ementa, different membrane configurations and impacts on ancillary equipment, including NF feed purnpa, and recommend preferred approach to CITY. Findings will be documented in a technical memorandum. As per discussion with C|TY, the TM will identify skid pads that are recommended 1ubereplaced; 1.G.Meet with CITY tofinalize the membrane selection.Two CONSULTANT team members will attend' . 1.6.Develop construction specifications with the selected membrane vendor(n) and membrane makes/models toserve aaC|TY'astandard nmannbnune' ' 1.7.Meet with CITY to finalize the membrane bid approach, bid schedule and bid documents; Page 528 Of 770 1.8.Assist CITY with preparing the issue for bid for the replacement NFmembranes, participate inthe pre-bid meeting attended byupto two team members and provide upto3addenda to answer any bidder's questions or address any changes or clarification required to the bid documents; 1.A.Review the bids and provide abid-award recommendation boCITY; CONSULTANT will prepare for and hold a project kick off meeting attended by up to two team members with CITY to discuss the project execution plan. This task also includes project rnanagemnent, document controls, QA/QC, health &safety, scheduling and office support activities for this project. Oe|ivanob|ge: ° Membrane selection technical memorandum (electronic) * Technical specifications for the membranes (e|ectnonio) • Technical information for bid addenda(electronic) * Bid-award recommendation (electronic) TASK 2—SERVICES DURING CONSTRUCTION As part ofthis task, CONSULTANT will provide membrane installation support consisting ofthe following services during construction: 2.1.Issue the conformed membrane specifications; 2.2.Review up to 3 shop-drawings and answer up to 5 requests for information (RFI)from the selected membrane supplier; 2.3.Observe the NF membrane installation performed by CITY's appointed installer,and supervised by the membrane supplier, or as alternative the NFmembrane supplier himself, during 3aapmrade two-day visits to the WTP (one visit for each NF skid). Results will be documented in observation sheets and made available toC|TY' . 2.4.Witness the performance testing and determine contract compliance during additional 3 two-day visits hothe VVTP. Results will bedocumented intest witness sheets and made available toC|lFY' . 2.5.During the month following each NF skid startup, help optimize operations of the new membranes inconjunction withtheopeodionsataffdurinQ3eeparadeone'dayvioitmtoihmVVTP /onev)aitfor each NFekid\. Deliverables: * Conformed technical membrane specifications (electronic) * Shop-drawing review and RFI response sheets (o|ectmnic) = Installation observation and test witness sheets (e|eotnznic) • Coordination memo/emails with operational staff for membrane optimization (electronic) Assumptions The following key assumptions were made in the compilation of this scope of work and the estimation of the level ofeffort: 1. CITY will provide CONSULTANT with CITY'S standard front-end documents. 2. CITY will prepare the bid documents using the standard invitation to bid documents for membrane installation. CONSULTANT will develop the technical specifications for the membrane nmp|eoennent project, consisting of membranes, pressure vessels and other related replacement parts. No other technical specifications, like feed pump, instrument, valve and/or valve actuator, will be developed. 3. The scope of work assumes that membrane installation will be performed by a specialized contractor having the membrane supplier under contract and is therefore responsible for the supply, off-loading, Page 529Of770 handling, installation and startup of the NF membrane elements. If CITY decides to directly purchases the membrane elements,CITY will directly negotiate and complete a contract with a membrane supplier without assistance ofCONSULTANT. 4. CITY will provide recent feed and permeate water quality and NFskids operations data, including up' to'datenorma|izsdionoproadohoeta. 5. The design will include regular coordination with CITY and includes only two formalized design submittals a1membrane selection and specification level. S. CONSULTANT will prepare anagenda and summary ofproject mnaeUnga. 7. The timing of the bid addenda,award recommendation and construction documents is dependent upon the bidding and approval times.Tasks associated with bidding and construction phases will be provided in an as-needed basis and timing is dependent upon bidding schedule administered by CITY. 8. CITY will provide construction management during the construction and CONSULTANT will only witness the membrane installation, startup and performance testing. 8. No sampling and analytical work will be done as part of this task order. If needed during the execution ofTask 1. CONSULTANT will provide suggestions ontype and frequency of analytics tobeperformed bya laboratory contracted directlyby CITY.During Task2,the specialized contractorwill be responsible for water quality sampling during startup and performance testing. 10. The existing veoonj drawings and equipment cut sheets cf NF skids and ancillary equipment are available in organized folders and one in Adobe Acrobat format. 11. The selected contractor and subcontracted membrane supplier are well performing under this contract and shop drawings only require one re'eubmitta|. 12. The number of reviews of bid mddenda, shop-drawings and RR, and number of site visits to theVVTP site to observe membrane installation, witness performance testing and optimize operations are based on CONSULTANT's experience with similar work. If,for whatever reason, actual numbers deviate from numbers proposed in this amendment, CONSULTANT may request an amendment to this contract to account for the difference inthe level ofeffort. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement between the City of Boynton Beach(CITY)and CH2M HILL Engineers, Inc. (CONSULTANT)titled General Consulting Services for RFONo. D4G'2821'17/TP. executed onAugust 22. 2U18. Compensation Services proposed by CONSULTANT in this task order will be performed in accordance with the General Consulting Services Agreement for RFQ No. 046-2821-17frP, executed on August 22. 2018. CONSULTANT proposes toperform the work described herein on a lump sum basis, based on the Fee Table of the contract.The total engineering fee including labor and expenses associated with the task order is $106'358.30' as shown inthe table below. TASK HOURS RATE TOTAL Task 1Design and Bidding Support Project Manager 48 $235.00 $11.280.00 Senior Engineer 10 $259.00 $2.590.00 Engineer 172 *126.00 $21.500.80 Process Engineer 36 $107.00 *10.272.00 Clerical/Administrative 22 $88.00 $1.936.00 Expenses $394.70 Subtotal task *48.572.70 Page 530 Of 770 TASK HOURS RATE TOTAL Task 2 Services During Construction Project Manager 50 $235.00 $11,750.00 Senior Engineer 6 $259.00 $1,554.00 Engineer 168 $125.00 $21,000.00 Process Engineer 152 $107.00 $16,264.00 Clerical/Administrative 16 $88.00 $1,408.00 Expenses $4,809.60 Subtotal task $56,785.60 TOTAL $105,358.30 Project Schedule The intended submittal time of each deliverable is included in the table below.The anticipated total duration of this amendment is 500 calendar days. Task Deliverable Time from NTP Task 1 —Membrane Membrane replacement technical memorandum 8 weeks specification and Technical membrane specifications 16 weeks bidding support Technical information for bid addenda, bid-award As required recommendation Task 2—Services Conformed technical membrane specifications As required during construction for Shop-drawings reviews, RFIs response sheets, As required membrane installation witness test sheets and optimization comm's CONSULTANT will provide CITY a monthly invoice for the services based upon the schedule values detailed in the compensation table above,along with a summary of activities performed under this contract. An estimated earned value (percent complete) for each project sub-task will be the basis for progress payments. The proposal is effective for 90 days. Authorization Submitted by CH2M HILL Engineers, Inc B : f Name: Sirpa H. Hall, PE Title: Senior Business Vice President Date: Page 531 of 770 7.C. BIDS AND PURCHASES OVER$100,000 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve an annual purchase order to Petersen Industries of Lake Wales, FL in the amount of$100,000 as a sole source vendor. EXPLANATION OF REQUEST: The Fleet Division originally created an annual blanket in the amount of$24,000 with sole source vendor Petersen to provide parts, service and support for Petersen Industries equipment, i.e. Solid Waste Rear Steer and Grapple Truck. This amount was based on past history of purchases but the current vehicles have experienced a couple of major breakdowns increasing the normal purchasing levels on this contract. The Fleet Division currently has an invoice in the amount of$26,000 for Solid Waste Truck#1097 to have the grapple arm rebuilt. There is an additional truck at the vendor's facility that will be approximately $20,000 for refurbishment. Staff is requesting an increase in the amount of$50,000 to cover the pending invoice and for the truck that is being refurbished for an estimated annual expenditure of$100,000. This will provide for any additional repairs needed for the remainder of the fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Funding is in Fleet account#501-5000-590-09-82 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 532 of 770 CONTRACTS VENDOR NAME: Petersen Industries START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Sole Source Letter Agenda Attachment® Petersen Industries® Sole Source Letter Page 533 of 770 PfTfRSfNAVI/SR/ES CITY OF BOYNTON BEACH 222 ME9"" AV1:NUE B C YTO N BEACH, 1"lr 33)4 3 RE: Lightning Loader Parts To Whom It May Concern: This letter is to confirm that Petersen Industries sells Lightning Loader parts directly to customers at the factory direct price. Those parts that we manufacture ourselves, which includes most of the parts that make up the loader, are available directly from Petersen and are proprietary parts. Petersen stocks over $750,000 worth of parts at the factory. Most parts, with the exception of some larger assemblies, will ship the day the order is received. Our Parts Department is open Mon Fri from 7:OOAM 4:30PM. Our staff stands by ready to assist. If you have any questions, please contact Mike Mimbs, our Parts Department Manager, at 1- 00- 930-5623, ext. 231. Sincerely, 0,1 Mike Mimbs Parts/Service Manager 4000 State Road 60 West j Lake Wales,Florida 33859-8234 1''Phone: 863-676-1493 #Fax: 863-676-6844 www.petersenind.com Page 534 of 770 7.D. BIDS AND PURCHASES OVER$100,000 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Approve issuing an annual blanket purchase order to Precision Air Systems, I nc. of Wellington, FL in the amount of$150,000 for air conditioning repairs/services as needed at various City Buildings utilizing the Palm Beach County School District Term Contract#17C- 17T. The Palm Beach County School Board's bid process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Term Period: November 30, 2018 - November 29, 2019 The Facilities Division originally created an annual blanket in the amount of$24,420 because the contract was expiring on November 29, 2018 with vendor Precision Air Systems. The contract was renewed and extended to November 30, 2019 and the Facilities Division is now requesting to have the blanket increased to cover unanticipated services/repairs needed throughout the year. The Facilities Divisions historical expenditures for this work are as follows: FY 2017: $200,000 FY 2018: $185,000 The total estimated expense for FY 2019 is $174,420. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? HVAC is an essential need in carrying out daily operations at City Facilities and by utilizing outside vendors on an as needed basis it provides the quickest opportunity to get the facilities back up and running when mechanical failures occur. FISCAL IMPACT: Budgeted Funding is allocated in Facilities account#001-2511-519-46-25 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 535 of 770 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Precision Air Sytems, Inc START DATE: 12/1/2016 END DATE: 11/30/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: The term of this contract shall be for two years from date of award, and may, by mutual agreement between the School District and the awardee, be renewable for three (3) additional one-year period(s). ATTACHMENTS: Type Description D Other Agenda Attachment- Precision Air Sys-Letter of Authorization D Attachment Agenda Attachment- PBCSD Contract Renewal - Exp 11-30-19 D Contract Agenda Attachment- Precision Air Sys- P CSD PBCSD Contract Exp 11-30-19 Final Contract Page 536 of 770 PRECISION Air Systems, Inc. I 1101 South Crown Way.Suite 2 aWelfington,Florida 33414 Phone(561)791,3980*Fax(561) 795-1693 precisionairsysternsinc.com August 28, 2018 Ms. Andrea Javier City of Boynton each 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Letter of Authorization - Palm Beach County School District Contract #17C-7 Dear Ms. Javier: Please accept this letter as authorization for the City of Boynton each to "piggyback"' our contract with the Palm Beach County School District (Contract #17C- 7T). In addition Precision Air Systems, Inc., will provide and honor the same pricing and terms to the City of Boynton each, as stated and referenced in: the PBC School District Contract #1 7C-7T. Should you have any questions regarding the above or should you require additional information, please do not hesitate to contact us. Very truly yours, By: Rocco Paciello, Controller /rdp Page 537 of 770 Board Approved FMP01 11/14/18 AGENDA ITEM INVITATION TO BID NO.: 17C-17T—TERM CONTRACT FOR PREVENTIVE MAINTENANCE AND MINOR REPAIRS DATE: October 3, 2018 PRESENTED TO BOARD: November 14, 2018 CONTRACT PERIOD: December 1, 2018 through November 30, 2019 DEPARTMENT: Various FUND: 1051 FUNCTION: 8102 ACCOUNT: 635010 FUNDING SOURCE: Capital Maintenance Transfer REQUESTING DEPARTMENT: Facilities Services FINANCIAL IMPACT The annual financial impact to the District budget is not to exceed $2,000,000. The source of funds is the Capital Maintenance Transfer budget. CONTRACT RENEWAL i Term Contract No. 17C-17T was awarded to Precision Air Systems, Inc. for two (2) years from December 1, 2016 through November 30, 2018, with the option to renew for three (3) additional one-year periods. I The first option to renew this contract is now being exercised for the period December 1, 2018 through November 30, 2019. Precision Air Systems, Inc. has agreed to honor terms, conditions and pricing of existing contract for the forthcoming contract period. Items to be purchased include preventive maintenance and minor repair to HVAC air handling units, exhaust and supply fans District-wide. A hypothetical situation using two sites representative of District sites was used to evaluation and award. RECOMMENDATION: Based on satisfactory performance during the past contract period, it is recommended that the Term Contract 17C-17T for Preventive Maintenance and Minor Repairs be renewed with Precision Air Systems, Inc.for the period December 1, 2018 through January 30, 2019. Note: Original Bid document is available upon request. bM Revised 4!14!16 Page 538 of 770 BOARD APPROVED FMPO1 11.16.16 AGENDA ITEM INVITATION TO BID NO.: 17C-17T—TERM CONTRACT FOR PREVENTIVE MAINTENANCE AND MINOR REPAIRS DATE: October 5, 2016 DATE OPENED: September 29, 2016 DATE SOLICITED: September 12, 2016 DATE POSTED: October 5, 2015 PRESENTED TO BOARD: November 16, 2016 CONTRACT PERIOD: December 1, 2016 through November 30, 2018 DEPARTMENT: Various FUND: 1051 FUNCTION: 8102 ACCOUNT: 535010 FUNDING SOURCE: Capital Maintenance Transfer REQUESTING DEPARTMENT: Maintenance and Plant Operations FINANCIAL IMPACT The annual financial impact to the District budget is not to exceed $1,500,000. The source of funds is the Capital Maintenance Transfer budget. Items to be purchased include preventive maintenance and minor repair to HVAC air handling units, exhaust and supply fans District-wide. A hypothetical situation using two sites representative of District sites was used to evaluation and award. AWARD RECOMMENDATION 1 TABULATION Vendor Minority Status Hypothetical Cost Copper Stone Construction and Design Corp. -- $1,096,590.00 MRSE LLC dba Roth Southeast $60,690.80 Precision Air Systems, Inc. 6 $23,464.40 LEGEND: =Award MINORITY - (2-African American, 3-Hispanic American, 4-Native American, 5-Asian American, 6-American Woman, 7-Physically Impaired, 8-Other) EXCEPTIONS: * Precision Air Systems, Inc. is a minority owned business registered with the State of Florida; however, they have exceeded the School District of Palm Beach County guidelines and have graduated the program. {Ef E RECOMMENDATION: It is recommended that the award be made to the lowest bid from the responsive and responsible bidder(s), as indicated above, and authorize the use of the next lowest bidder(s) meeting the same conditions in the event the original awardee cannot fulfill their contract. Note: Original Bid document is available upon request. Revised 4/14/16 Page 539 of 770 SUMMARY OF AWARDS Vendor Copper Stone Construction and MRSE LLC dba Precision Air Item Description Design Corp. Roth Southeast Systems, Inc. PM-Cost Per Ton 0-25 Tons $95.00 $15.00 $16.28 26-50 Tons $220.00 $18.00 $7.48 Over 51 Tons $240.00 $20.00 $5.25 PM-Cost Per Unit - Exhaust/Supply Fans Flat Roof $95.00 $51.00 $55.00 Sloped Roof $110.00 $51.00 $110.00 Price Per Inch V-Belts A, B, 3L Belts $97.50 $3.30 $0.75 Additional Information — Minor Repair Rates Labor Rates Regular $95.00 $96.00 $100.00 Overtime $127.50 $144.00 $150.00 Premium $160.00 $144.00 $150.00 Materials— Cost Plus Percentage 9% 15% 15% BID PROTEST Failure to file a protest within the time prescribed in §120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes and applicable Board rules, regulations and policies. Offers from the vendors listed herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. If a bidder wishes to protest a bid,they must do so in strict accordance with the procedures outlined in FS 120.57(3). Any person who files an action protesting a decision or intended decision pertaining to this bid pursuant to FS 120.57(3)(b),shall post with the Purchasing Department, at the time of filing the formal written protest,a bond secured by an acceptable surety company in Florida payable to the School District of Palm Beach County in an amount equal to 1 percent(1%) of the total estimated contract value, but not less than $500 nor more than $5,000. Bond shall be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check,certified bank check, bank certified company check or money order will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all costs and charges included in the final order of judgment, including charges by the Division of Administrative Hearings. Upon payment of such costs and charges by the protester,the protest security shall be returned. If the protest prevails, he or she shall recover from the District all costs and charges,which shall be included in the final order of judgment. DISQUALIFYING CRIMES The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal Government. Further, bidder certifies that it has divulged, in its bid response, information regarding any of these actions or proposed actions with other governmental agencies. M Revised 4/14/16 Page 540 of 770 School District of Palm Beach County FL Invitation to Bid No. 17C-17T Title: Preventive Maintenance and Minor Repairs RESPONSES ARE DUE PRIOR TO: SEPTEMBER 29, 2016 ............................................................................ RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: www.Demandstar.com ............................................................................ The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer. http://www.paimbeachschools.org/purchasing/documents/EguLq Coordinators.pdf Revised 7/28/16 Page 541 of 770 17C-17T - SPECIAL CONDITIONS A. SCOPE: The purpose and intent of this Invitation to Bid is to secure prices and establish a Term Contract for Preventive Maintenance and Minor Repairs. Contractor shall furnish all labor, supervision, materials, and equipment to facilitate all Preventive Maintenance and Minor Repairs as contained herein. Various equipment covered under this bid are: Air Handler Units, Rooftop Units, Package Units, DX units, Vertical Wall-mount and Free- standing Units Exhaust/Supply Fans All services shall include all necessary labor charges, tools, fuel, equipment and materials delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and District Master Specifications. B. DELIVERY: Items in the Invitation to Bid are for various schools and departments located throughout Palm Beach County and are not for delivery to any central location. Deliveries are to be FOB destination as per purchase order. All deliveries made to schools and departments shall require inside delivery unless otherwise specified. C. DEMANDSTAR: 1. All offers must be submitted electronically to Demandstar.com. 2. DemandStar requires that all documents be downloaded, completed, saved and re- uploaded to submit your offer. DemandStar does not support online document completion. 3. The Vendor Contact Information page on the DemandStar site has a required field"BID AMOUNT". The District does not require this field to be completed, but in order to complete the process DemandStar requires input. It is suggested that you input zero. All the District requirements should be included in number one above. 4. It is recommended that you incorporate your response into one document or as few separate uploads as possible when submitting your offer to DemandStar. 5. The District will only consider offers that have been unloaded and submitted prior to the bid closing date and time. Allow sufficient time to complete your offer. 6. IMPORTANT INFORMATION: When finished uploading all required documents, at the end of the document,you must Submit your Response. After clicking"Submit Response"the following process will begin: • DemandStar will verify that your response is complete as entered. • Your will see a confirmation page with your confirmation number and date/time stamp of your upload. • You will receive a confirmation e-mail indicating a successful response submittal. If you do not receive any of the above, please call DemandStar Supplier Services at (800)711-1712 or email demandstarkonvia.com For additional information please go to: htlp://www.palmbeachschools.orgZpurchasing/bids/purch/vendor/ebidding_pdf Page 542 of 770 7. Hard copy bids will not be accepted. 8. Be advised that DemandStar has a limit of 30MB per document upload and a 100MB maximum per vendor response. If necessary, an addendum will be distributed by DemandStar to all who are known by the Purchasing Department to have received a complete set of proposal documents. D. BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT: The School District is requesting this affidavit to include a list of every "person" (as defined in Section 1.01 (3), Florida Statues to include individuals, children, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest in the disclosing entity. The Beneficial Interest and Disclosure of Ownership Affidavit (PBSD Form 1997) must be completed, signed, notarized and returned with your bid. E. FLORIDA PREFERENCE: Pursuant to §287.084 Florida Statute, award recommendations shall make appropriate adjustments to pricing when considering solicitations from Proposers having a principal place of business outside the State of Florida. All Proposers must complete and submit the attached Proposers Statement of Principal Place of Business with the response to this solicitation.Failure to comply may be considered non-responsive to the terms of this solicitation. Refer to htlp://www.leg.state.fl.us/Statutes/index.cfm for additional information regarding this Statute. F. M/WBE PREFERENCE: Pursuant to Board Policy 6.143, award recommendations shall make appropriate adjustments to pricing when considering solicitations from a State of Florida or District certified Minority/Women Business Enterprise (M/WBE) if the bid price does not exceed the lowest bidder's price by an amount greater than $50,000 or 5%, whichever is less. In instances where the certified M/WBE's price difference is greater than $50,000 or 5%, the lowest responsive, responsible bidder will be awarded the contract and the goals shall be deemed waived. The requirements to qualify for the M/WBE are to be certified either by the State of Florida or the School District of Palm Beach County,subject to the criteria indicated in paragraph P. The District does not recognize any other certifications. Graduation (as described in Board Policy 6.143) from the District M/WBE Certification Program shall void certification by the State of Florida, if a vendor has exceeded the revenue/sales size standards for their industry specific classification for the previous three year period. See Paragraph N, M/WBE GOAL, and Paragraph P, MINORITY BUSINESS PARTICIPATION, for complete detail. For District certification go to hqp://www.i)almbeachschools.org2dWBE website and complete the M/WBE certification application. G. AWARD: Contract will be awarded by applying the prices submitted on the bid summary to a hypothetical situation that is resemblance to sites within the District. The lowest bid resulting from this hypothetical, after adjustments for all applicable preferences have been applied, will be the recommended award. It is necessary for bidder to bid on every item 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 the entire group will be disqualified. Page 543 of 770 The Board, through its designee(s), reserves the right to further negotiate any proposal, including price and warranty, with all responsible and responsive bidders to meet the needs of the District. If a mutually beneficial agreement with the first lowest responsible and responsive bidder being considered for award cannot be resolved, The Board, through its designee(s), reserves the right to enter into negotiations with the next lowest responsible and responsive bidder until an agreement is reached to meet the needs of the District. Upon award of a particular item to the successful bidder, the vendor cannot substitute an item without prior approval by the Purchasing Department. Vendor must supply the item that was specified according to their bid response unless instructed otherwise by the Purchasing Department. The Purchasing Department or their designee reserves the right to use the next lowest bidder(s) in the event the original awardee of the bid cannot fulfill their contract, subject to the terms and conditions of Preference awards as provided herein. The next lowest bidder's prices must remain the same as originally bid and must remain firm for the duration of the contract. H. TERM OF CONTRACT: The term of this contract shall be for two years from date of award, and may,by mutual agreement between the School District and the awardee, be renewable for three (3) additional one-year period(s). If considering renewal, the District, through the Purchasing Department, will request a letter of intent to renew from the awardee prior to the end of the current contract period. The contract may be extended ninety (90) days beyond the contract expiration date, if needed. The awardee agrees to this condition by signing their bid. The awardee will be notified by the Purchasing Department when the recommendation has been acted upon. All prices shall be firm for the term of this contract, however, nothing prohibits the District from accepting lower pricing during the term of this contract. I. REFERENCES: Complete the Reference Document and include at least five (5) references from commercial customers that you have contracted with to provide HVAC preventive maintenance and repair services. This should include at least one reference from a customer who has been with you for a year or less, three references from veteran customers with long term or repeat contracts and at least one reference from a past customer who is currently not under contract with you. NOTE: The information requested must include a current contact name, phone number and email address for each reference. J. QUALIFICATIONS: Provide photocopies of the following (valid and current) licenses and/or certificates: Failure to provide this documentation may result in rejection of bid. 1. Palm Beach County Local Business Tax Receipt, formerly Occupational License. OR 2. Proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Bidder to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via Sunbiz.org-Department of State. AND (if applicable) 3. Copy of industry/skills certifications and/or licenses. Contractor shall hold a current Certified or Registered State Unlimited or Palm Beach County Class A Air Conditioning Contractor (CA or RA) or Mechanical Contractor (CM or RM) license. Page 544 of 770 The bidder(s) must have an adequate organization, facilities, equipment, and personnel to insure prompt and efficient service. The District reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The District reserves the right to reject bids where evidence submitted, investigation and/or evaluation,is determined to indicate inability of the bidder to perform. K. PLACING AN OFFER: All offers must be submitted electronically to Demandstar.com. No offer will be considered if submitted after the closing date and time. Hard copy bids will not be accepted. Allow sufficient time to complete your offer, and follow all stens outlined in Paragraph C. If necessary, an addendum will be distributed by DemandStar to all who are known by the Purchasing Department to have received a complete set of proposal documents. L. BID QUESTIONS: From the time this solicitation is posted until the time a Decision or Intended Decision is posted, potential Proposers and employees, representatives, partners, director, officers, or other individuals acting on behalf of the Proposer, shall be prohibited from lobbying any School District employee, Member of the School Board, Member of a School District Advisory Committee that may evaluate the awarded contract, or person selected to evaluate or recommend selection of the awarded Proposer. Violation of the Cone of Silence shall result in rejection/disqualification of the Proposer from award of a contract arising out of this solicitation. Further, in order to protect the integrity of the award process, all questions regarding this solicitation must be submitted by email to Dennis Messerli at Dennis.Messerli(2palmbeachschools.org no later than 3:00 p.m. EST, on September 20, 2016. Questions received in writing by the time and date specified will be answered in writing and posted on DemandStar. Dennis Messerli is authorized only to direct the attention of prospective proposers to various portions of the Bid so that they may read and interpret such for themselves. Neither Dennis Messerli nor any employee of the District is authorized to interpret any portion of this Bid or give information as to the requirements of the Bid in addition to that contained in the written documents. All questions submitted (along with their source) are subject to Public Records Laws and as such will be available for inspection upon receipt of a Public Records Request. M. POSTING OF BID RECOMMENDATION/TABULATIONS: Bid recommendations and tabulations will be posted electronically with DemandStar and at the Fulton Holland Educational Services Center Purchasing Department, at 3300 Forest Hill Boulevard, Third Floor,A-Wing Suite A-323 West Palm Beach,FL,for review by interested parties,on October 3, 2016, at 3:00 p.m., EST, and will remain posted for a period of 72 hours. If the bid tabulation with recommended awards is not posted by said date and time, A "Notice of Delay of Posting" will be posted to inform all bidders of the new posting date and time. Page 545 of 770 Any person adversely affected by the decision or intended decision, as defined in School Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the posting of the notice of decision or intended decision. Saturdays, Sundays and State Holidays shall be excluded in the computation of the 72-hour time period. The formal written protest must be filed within 10 days after the date the notice of protest is filed. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a notice of protest or to file a formal written protest within the time prescribed in section 120.57 (3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes. N. NMBE GOAL: The Goal Setting Committee has established a 5% bid preference for participation/utilization of Minority/Women's Business Enterprises. The Board strongly encourages the use of Minority/Woman Owned Business Enterprises for participation as partners,joint-venturers, prime contractor, sub-contractors, and in contracting opportunities. Listings of District Certified Minority and Women Business Enterprises can be found on the District's Office of Diversity in Business Practices web site at hltp://www.i)almbeachschools.orgLmwbe/. O. SUB-CONTRACTING: If a vendor intends to sub-contract any portion of this bid for any reason,the name and address of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-contracting will take place prior to bid-awarded vendor furnishing this information and receiving written approval from the District. Subcontractors will be required to conform to the Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid. The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of an award or failed to deliver on-time contracts of a similar nature, or who is not in the position to perform this award. The School District Representative reserves the right to inspect all facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Vendors are encouraged to seek minority and women business enterprises for participation in sub-contracting opportunities. The sub-contractor shall be equally responsible for meeting all requirements specified in this Invitation to Bid. P. MINORITY BUSINESS PARTICIPATION: Bidders who list M/WBE subcontractors as participants in their bids will complete Form 1525, M/WBE SUBCONTRACTOR PARTICIPATION LETTER OF INTENT and M/WBE SUBCONTRACTOR PARTICIPATION SUMMARY (FORM 1526). The 1526 will be submitted with all requests for payment, and will be submitted as part of the response to the solicitation. The industry specific classification for this solicitation is: • Non—Professional Services-Hispanic American Owned The District does not have reciprocity with any other certifying Agency/Entity, and the State of Florida neither accepts nor recognizes the SDPBC M/WBE certification for State Bids. *SDPBC will accept a State of Florida M/WBE certification on a school district solicitation if the Vendor can demonstrate that they meet the narrowly tailored Race/Gender/Ethnicity/ Page 546 of 770 income guidelines, and relevant market/location criteria. To ensure compliance with program guidelines and intent, proposers presenting State of Florida certification, and/or be counted towards the M/WBE goal ONLY if their industry specific classification, ethnicity/gender, and income thresholds are consistent with, and meets the standards contained in School Board Policy 6.143 and the Office of Diversity in Business Practices' Procedures Manual as depicted in the chart below: INDUSTRY ETHNICITY/GENDER INCOME THRESHOLD* Construction African American Not to exceed$7,000,000. Non-Professional Services Hispanic American Not to exceed$3,000,000. Professional Services African American, Hispanic Not to exceed$2,000,000. American,Native American, Woman owned General Procurement Asian American, Not to exceed$3,000,000. Native American *For verification of compliance with the income threshold, ethnicity, gender, and industry guidelines, proposers presenting State of Florida M/WBE certificate must submit notarized copies of the front page of tax returns filed with the IRS for each of the previous three(3)years. In order to receive consideration for M/WBE participation, the bidder or firm(s) to be utilized by the bidder must be certified by the District or the State of Florida at the time that the bid is opened. Graduation (as described in School Board of Palm Beach County Policy 6.143)from School District M/WBE Certification shall void acceptance of certification by the State of Florida. Certification shall be verified and point award shall be determined by the Office of Diversity in Business Practices. Q. ACCESSIBILITY TO AND COOPERATION WITH INSPECTOR GENERAL AND STAFF: The Awarded Vendor agrees and understands that the School District's Office of Inspector General shall have immediate, complete, and unrestricted access to all financial and performance-related records, papers, books, documents, information, writings, drawings, graphs,photographs,processes,data or data compilations,computer hard drives,emails,instant messages,services,and property or equipment purchased in whole or in part with School Board funds ("Information and Records"). The Awarded Vendor shall furnish the Inspector General with all Information and Records requested for the purpose of conducting an investigation or audit, as well as provide the Inspector General with reasonable assistance in locating assets and obtaining Information and Records that are in the possession, custody, or control of the Awarded Vendor or its subcontractor. The Awarded Vendor understands, acknowledges, and agrees to abide by applicable portions of School Board Policy 1.092. Such policy is located at: http://www.palmbeachschools.org/policies/. R. PUBLIC RECORDS LAW: Page 547 of 770 The Responder shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the School Board of Palm Beach County in order to perform the service to the Board under this agreement. b. Upon request from the Board's custodian of public records,provide the Board 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 Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Responder does not transfer the records to the Board. d. Upon completion of the Agreement, transfer, at no cost, to the Board all public records in possession of the Responder or keep and maintain public records required by the Board to perform the service. If the Responder transfers all public records to the Board upon completion of the Agreement, the Responder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Responder keeps and maintains public records upon completion of the Agreement, the Responder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Board,upon request from the Board's custodian of public records, in a format that is compatible with the information technology systems of the Board. Failure of Responder to abide by the terms of this provision shall be deemed a material breach of this Agreement. This provision shall survive any termination or expiration of this Agreement. In the event of a dispute regarding the enforcement of this provision where the Responder has unlawfully refused to comply with the public records request within a reasonable time, the School Board shall be entitled to recover its reasonable costs of enforcement, including reasonable attorney's fees from the vendor as authorized by 119.070 1, Fla. Stat. IF THE RESPONDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-85851 PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300 FOREST HILL BLVD., SUITE C-110,WEST PALM BEACH, FL, 33406. Public Records Exemption: 1)For purposes of this paragraph, "competitive solicitation" means the process of requesting and receiving sealed bids,proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement. 2) Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(l) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids,proposals, or final replies, whichever is earlier. 3) If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from s. 119.07(l) and s. Page 548 of 770 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial agency notice rejecting all bids,proposals, or replies. S. INSURANCE REQUIREMENTS: Proof of the following insurance will be furnished by the awarded vendor(s)to the School Board of Palm Beach County by Certificate of Insurance. Original copies of Certificates of Insurance meeting the specific required provision specified within this contract/agreement shall be forwarded to the School District of Palm Beach County, Purchasing Department by email (insurancecertificate(aalmbeachschools.org), or fax (561- 963-3823), and approved prior to the start of any work or the possession of any school property. Renewal certificates must be forwarded to the same department prior to the policy renewal date. Thirty days written notice must be provided to the School District of Palm Beach County via certified mail in the event of cancellation. The notice must be sent to the Purchasing Department. The awarded vendors shall provide complete copies of any insurance policy for required coverage within seven days of the date of request by the Purchasing Department. For all contracts with an amount of $500,000 or more the actual INSURANCE POLICY must be included with the Certificate of Insurance. 1. WORKERS' COMPENSATION: Bidder(s) must comply with FSS 440, Workers' Compensation and Employees' Liability Insurance with minimum statutory limits. 2. COMMERCIAL GENERAL LIABILITY: Awarded vendors shall procure and maintain,for the life of this contract/agreement,Commercial General Liability Insurance. This policy shall provide coverage for death,bodily injury,personal injury,products and completed operations liability and property damage that could arise directly or indirectly from the performance of this agreement. It must be an occurrence form policy. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL LIABILITY INSURANCE. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single Limit for Bodily Injury Liability and Property Damage Liability. 3. BUSINESS AUTOMOBILE LIABILITY: Awarded vendors shall procure and maintain,for the life of the contract/agreement,Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE. The minimum limits of coverage shall be$1,000,000 per occurrence. This coverage shall be an "Any Auto" form policy or a form policy that includes "Scheduled Autos, Hired Autos, and Non-Owned Autos" coverage. The insurance must be an occurrence form policy. Page 549 of 770 In the event the contractor does not own any vehicles, we require an affidavit signed by the contractor indicating the following: (Company Name) does not own any vehicles. In the event we acquire any vehicles throughout the term of this contract/agreement, (Company Name) agrees to purchase Business Automobile Liability coverage as indicated above on the date of acquisition. This policy must be continued or tail coverage provided for two years after completion of the project. 4. WAIVER OF SUBROGATION: In the event of loss,damage or injury to the awarded bidder(s) and/or the awarded bidder's property, the awarded bidder(s) shall look solely to any insurance in its favor without making any claim against the School Board of Palm Beach County. The awarded bidder(s) hereby waives any right of subrogation against the School Board of Palm Beach County, for loss, damage or injury within the scope of the Performer's insurance, and on behalf of itself and its insurer, waives all such claims against the School Board of Palm Beach County. NOTE: The terms and conditions of this agreement shall apply with respect to awarded bidder's operations for any school or ancillary owned by the School Board of Palm Beach County. T. PAYMENT / PAYMENT TERMS: Payment will be made after the goods/services from the awarded vendor have been received/completed; inspected and found to comply with award specifications, free of damage or defect; and a properly billed invoice is received and processed in the Accounting Services Department. The District's payment terms are net 30 days; however, the District will accept terms for early payment. See Early Payment Terms Document. Payment will not be processed until the following occurs: 1. The complete and satisfactory receipt of all items ordered. All pricing in accordance with the bid. 2. The receipt of a properly billed invoice in the Accounting Services Department. Invoices to the School Board MUST include the following to permit verification of prices and expedite payment to vendors: 1. Name and Address of Vendor 2. A Unique Invoice Number 3. Date of Services 4. Itemized Pricing 5. Purchase Order Number 6. A copy of the first invoice for this contract shall be sent to the Purchasing Agent for review at dennis.messerligpalmbeachschools.org. Page 550 of 770 Invoice copy and/or packing slip must be presented at time of delivery. Original Invoice must be sent to Accounting Services, 3300 Forest Hill Blvd., Suite A-323,West Palm Beach, FL 33406, or submitted electronically. To submit an invoice as an email attachment, ensure that the electronic document meets the guidelines below and email the invoice to apinvoice(a),palmbeachschools.or2. Electronic Invoice Submission Guidelines: a. Submit industry standard PDF's,created at a 300-dpi bi tonal equivalent(either image or text only content) or bi-tonal or grey scale TIF's. b. Each invoice must be its own file attachment. Multiple invoices in a single email is supported,but each invoice must be a separate file attachment If you are interested in learning more about submitting invoices via email, please contact Bob Rucinski at bob.rucinski@palmbeachschools.org, or call him at(561)434-8701. Failure to timely submit invoices(s) to Accounting Services as set forth above may significantly delay processing and payment of the invoice. The School Board may not process invoices submitted more than 120 Days after the date the goods or services were delivered without prior approval from the Accounting Services Department. Vendor waives claims for payment of goods and/or services on invoice(s)not received by the Accounting Services Department within 120 Days of the delivery. Prior approval by Accounting Services is required if invoicing will extend past 120 days. The above terms and conditions are agreed to by submitting an offer on this bid. U. INCORRECT PRICINGANVOICES: Any pricing on invoices that is incorrect or freight charges that were not included on the original Purchase Order, must be brought to the attention of the Purchasing Agent and corrected prior to the shipment(s)of goods or initiation of services. Additional costs that were not brought to the District's attention and did not receive written approval via a Change Order issued by the Purchasing Agent may not be honored. V. CHANGE ORDERS: Any addition(s)to the Scope of Work or to a Purchase Order as a result of the bid award that adds additional costs must be brought to the School Districts attention and approved by the Purchasing Department prior to commencement of additional work, shipment of goods or the addition of unauthorized freight charges. Once approved, a Change Order will be issued to include the additional costs and work may commence and/or shipment of goods can begin. Additional costs that were not brought to the district's attention and did not result in a Change Order approved by the Purchasing Agent may not be honored. W. DISTRICT PURCHASING CARD: The School District has authorized the use of a Purchasing Card with Visa through the Bank of America to expedite small dollar purchases for materials, supplies, and other items needed for daily operations. Vendors may be presented these credit cards by authorized School District personnel for the above mentioned purchases. Each cardholder's authorization limit may not exceed $1,000 daily per vendor effective July 1, 2006 (with the exception of travel). Purchase orders are strongly discouraged for purchasing materials, and supplies under$1,000. Page 551 of 770 X. CONFLICT OF INTEREST: All responders must disclose the name of any officer, director, or agent who is also an employee of the District. All responders must disclose the name of any District employee who owns, directly or indirectly, any interest in the responder' business or any of its branches. Indicate with either a statement of Conflict of Interest or Non Conflict of Interest and submit with your proposal. Y. ORGANIZATION PROFILE: Provide the Corporate Name and Parent Company (if applicable) and address of corporate headquarters. Provide the names, titles, addresses, email and telephone numbers of the persons authorized to answer any questions related to Company's proposal. The Organization Profile should also include information such as number of years in the business, number of locations, location of facilities, company vision statement and a succinct history of the company. In addition the Beneficial Interest and Disclosure of Ownership Affidavit (PBSD Form 1997) must be completed, signed, notarized and returned with your bid. Z. COMPANY FINANCIALS: Vendors must provide financial statements giving the District enough information to determine financial stability. These statements may include,but are not limited to: a. Balance Sheet or Annual Report for the last three(3)years; b. Three(3)years of income statements and related earnings; c. Statement of Changes in financial position; d. Letter from the proposer banking institution i.e. Statement from certified public accounting firm. AA. SCOPE OF SERVICES: Awarded contractor shall include, but not be limited to, at their expense, all facilities, materials, disposal, labor, tools, transportation, technical expertise, supervision, licensing, equipment and safety devices required to perform Preventive Maintenance and Minor Repair Services at any SDPBC facility located within the District. 1. These specifications establish the minimum requirements. 2. Disposal of refuse shall be in accordance with all EPA requirements 3. All products and services shall comply with District Design Standards and District Master Specifications. https://www.palmbeachschools.org/buildingdeptment/wp- content/uploads/sites/14/2015/11/2012MechanicalDC.pdf https://www.palmbeachschools.org/buildingdepartment/dms2013pdf/ BB. CONTRACTOR RESPONSIBITIES: Awarded contractor shall: 1. See that every employee on the Contractor's work force is provided an Identification Badge and/or company logoed uniform or shirt which shall be worn while on School District of Palm Beach County's property. It shall be Contractor's responsibility to inform the Maintenance and Plant Operations District Representative(s) of all new employees or changes in employees promptly at time of employment. 2. Prohibit his employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephone or office equipment provided for official use. 3. Strictly prohibit interaction between their employees and the student and employee population. 4. Adhere to security standards as established by the District. Page 552 of 770 5. All services shall be performed with emphasis on safe procedures and with due regard to safety, comfort, and convenience. It is the responsibility of the Contractor's to insure that their employees and/or subcontractors read the safety literature supplied to them by The School Board of Palm Beach County. These requirements must be adhered to at all times and conform to all OSHA, Federal, State, and Local codes. 6. Contractor shall conform to all Federal, State and County regulations during the performance of the contract. Any fines levied due to inadequacies or failure to comply with any and all requirements shall be the sole responsibility of the Contractor. Any person found not in conformance with any laws, statutes, rules or regulations will not be allowed on the job site. Continued violations by the Contractor shall constitute cause for immediate termination of the contract. 7. Contractor shall provide sufficient service vehicles and technicians, to be available to perform work at various Palm Beach County facilities. 8. All personnel of the Contractor are required to sign in and out at each school site or District Facility on a daily basis when servicing that location. 9. Contractor should be aware that some of the sites will require lifts to facilitate the change of filters on the second floor. 10.If an `A' key (master) is checked out and lost, the Contractor will be responsible for the cost of a rekey charge (based on type of school.) This includes the service plus set of keys, and subject to each occurrence. Elementary - $25,000, Middle/Intermediate - $75,000 and High School- $100,000. CC. SCHEDULE/TIMELINE: 1. Preventive Maintenance of Air Handler Units, Exhaust/Supply Fans, and Vertical Wall- mount and Free-Standing Units of approximately one hundred eighty-seven (187) Schools and District Facilities must begin no later than fifteen days after start of contract term. 2. Contractor will make every effort to complete its assigned tasks without disruption to employees or school and department operations. All work will be considered straight time for routine services specified herein. 3. Normal working hours are 7:00 a.m. to 5:00 p.m. Monday through Friday. DD. REPORTS/LIBRARY: The following reports/library are required as part of this contract: 1. Personnel Manning Report — provided to the Maintenance and Plant Operations Mechanical Department with the names of the Project Manager, Alternate Project Manager, and key personnel assigned to this contract. 2. Service Log shall be kept at each facility. Service Log shall, at a minimum, state date, time, and description of services. 3. Belt Library — awarded vendor shall maintain a belt library for the AHU, Exhaust Fans, Supply Fans, Vertical Wall-mount and Free-Standing Units. An updated file shall be submitted at the end of each contract year to the Purchasing Agent and Maintenance and Plant Operations Mechanical Department. Format will be provided by Maintenance and Plant Operations Mechanical Department. EE. PREVENTIVE MAINTENANCE SPECIFICATIONS: The following specifications set the minimum requirements. 1. Air Handler Units/Package Units/Rooftop Units: a. Frequency: Annual Page 553 of 770 b. Inspect operation of damper blades for full and free movement. c. Inspect damper actuator motor for proper operation. d. Inspect damper linkage connections and lubricate as needed. i. Must utilize odorless, food grade lubrication. e. Inspect dampers and ensure they are properly secured and corrosion free. L Inspect forced supply outside air makeup system for broken belts or excessive belt wear. g. Check and inspect VFD (variable frequency drives) for air moving equipment (i.e. Settings and parameters). Clean per manufacturer's specifications when needed. h. Verify controls close dampers when AHU is shut off i. Air-handlers with interior exposed lining (insulation) shall not be damaged or sprayed with anything that will deteriorate it or cause damage over time. j. Clean fixed and movable inlet guide vanes. Lubricate mechanism on guide vanes. Movable guide vanes will be disconnected from their respective damper motor/control device. They will be manually operated and lubricated and reconnected to original hook-up/position. i. Must utilize odorless, food grade lubrication k. Clean Units to original pressure drop across (air side) as specified by manufacturer's recommendation. 1. Once a year, clean coils according to manufacturer's specifications and recommendations. 2. Vertical Wall-mount/Free-standing Units a. Frequency: Annual b. Inspect units according to manufacturer's specifications and recommendations. c. Once a year, clean coils according to manufacturer's specifications and recommendations. 3. Exhaust/Supply Fans a. Frequency: Annual b. Replace belt c. Inspect operation for full and free movement. i. Must utilize odorless, food grade lubrication. 4. ALL EQUIPMENT (where applicable): a. Notice(s) for the various coil cleanings shall be forwarded, two weeks or more in advance of cleaning, so that any scheduling conflicts can be resolved ahead of time or coil cleaning schedule can be reworked. b. The Contractor warrants to the School Board that all materials and parts furnished under this contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the specifications. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and shall be replaced at Contractor's expense within twenty-four (24) hours. If required by the School Board, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials used. c. Belt Change (where applicable): Awarded contractor when performing the preventive maintenance as outlined herein, will be responsible for the supply and installation of various belts for the air handling units, exhaust/supply fans, and vertical wall-mounted and free-standing units. i. Frequency: Annual Page 554 of 770 FF. MINOR REPAIRS: Upon completion of the PM of the equipment, if the vendor has determined repairs are required and estimated under $5,000, the awarded contractor will notify the Maintenance and Plant Operations Mechanical Department. An itemized written quote in accordance with the labor rates and material cost plus percentage submitted on the Additional Information Document, (Additional discounted prices will be accepted). If approved, a purchase order will be issued. GG. UTILITY CUTOFF: At no time shall the work performed by the Contractor interfere with or cut off any of the existing services and utilities without the written permission by the Maintenance and Plant Operations Department, except in the event of a bona fide emergency, during which oral authorization will be acceptable. If equipment must be turned"off' to perform the preventive maintenance and repairs, it shall be the Contractor's responsibility to turn the equipment"on" upon completion of filter replacement. Any and all downtime of equipment shall be minimized to every extent possible. Prior notification to the Maintenance and Plant Operations HVAC Department shall be made of any lengthy or extended downtime during occupied times that are anticipated to exceed thirty minutes. HH. HAZARDOUS MATERIALS: Contractor is not to disturb any equipment or building materials other than that necessary for the preventive maintenance and repair services, to include the annual coil cleanings. All cleaning equipment and soaps or cleaning solutions to be used on coils shall be approved by District ECS (Environmental and Conservation Services). All MSDS sheets shall be submitted with Bid for ECS for review. II. PRE-BID MEETING: A Pre-Bid Meeting has been scheduled for September 15, 2016 at 9:OOAM EST. Pre-bid meeting will be held in the Fulton Holland Educational Services Center located at 3300 Forest Hill Blvd., West Palm Beach, FL 33406, in the Rear Cafeteria Meeting Room. Attendance at this meeting is highly encouraged but not mandatory. The intent of this meeting is to provide an overview of the intended scope of this bid, outline the expectations. At this meeting, District Staff will answer to the best of their ability, all questions asked. However, the binding final response will be posted as addendum on DemandStar. Page 555 of 770 BID PREPARATION CHECKLIST: The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their Bid. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring that all requirements of this solicitation are included with submittal of their response. Items checked "required" must be submitted with your bid response or your bid may be declared non responsive. Verified Required Document See Special by Vendor Condition Yes Bidder Acknowledgement N/A Yes Bid Summary Document G Yes Certificates/License J Yes Beneficial Interest and Disclosure of Ownership D Affidavit Yes Proposer's Statement of Principal Place of E Business Yes Debarment Certification C Yes Reference Document I Yes Early Payment T Yes (if Form 1525, Letter of Intent—M/WBE F/P applicable) Subcontractor Participation Yes (if Form 1526, M/WBE Subcontractor F/P applicable) Participation Summary Yes Form 0580, Drug-Free Workplace Certification C Yes Organizational Profile Y Yes Company Financials Z Yes Conflict of Interest/Non Conflict of Interest X Statement Page 556 of 770 INSTRUCTIONS TO BIDDERS The General Conditions for Bids, Instructions to Bidders, Special Conditions, Specifications, Addenda, and/or any other pertinent documents form a part of the Invitation to Bid, and by reference are made a part thereof. 1. PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein for The School Board of Palm Beach County, Florida (hereinafter referred to as the "Board"), the corporate body politic that governs, operates, controls, and supervises the School District of Palm Beach County, Florida (hereinafter referred to as "District"). 2. ANTI-COLLUSION: By electronically submitting a bid, the bidder certifies that it has not divulged, discussed or compared its bid with other bidders and has not colluded with any other bidder or parties to a bid whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of materials (as applicable) and the removal of the bidder from all bid lists for the School Board of Palm Beach County, Florida. 3. ANTI-DISCRIMINATION: a. The bidder certifies that they are in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375 relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. The provisions of the ADA Act of 1990 pertaining to employment shall also be applicable. b. The bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub-contractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub-contractors to participate in all of its public sector and private sector sub-contracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in the Palm Beach County School Board Policy 6.143. Bidder understands and agrees that violation of this clause is a material breach of the contract and may result in contract determination, debarment, or other sanctions. 4. BIDS: Bids will be received electronically through a secure mailbox at Demandstar.com until the date and time as indicated in this bid document. Bids will be opened publicly at the School District of Palm Beach County, Purchasing Department, 3300 Forest Hill Boulevard, Suite A-323, West Palm Beach, FL 33406-5813, and all bidders and general public are invited to attend. It is the sole responsibility of the bidder to ensure its bid reaches Demandstar on or before the closing date and hour as indicated in this bid document. 5. CONTRACT: The submission of your bid constitutes a firm offer by the bidder. Upon acceptance by the Board, the Purchasing Department will issue a notice of award and purchase order(s) for any supplies, equipment and/or services as a result of this bid. The Invitation to Bid and the corresponding purchase order(s) will constitute the complete agreement between the successful bidder and the Board. Unless otherwise stipulated in Revised 5/20/14 Page 557 of 770 the bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 6. WITHDRAWAL: When a bidder wishes to withdraw a bid, a written request shall be submitted to the Director of Purchasing and the request will be reviewed for consideration. In no case shall a bidder be granted a release from a bid more than one time in a two-year period. A bidder may not withdraw a bid after the final call for bids at a designated time of opening. 7. DEFAULT: In case of default by the bidder, the Board may procure the articles or services from other sources and hold the bidder responsible for any excess costs incurred thereby. 8. FUNDING OUT/CANCELLATION OR TERMINATION WITH OR WITHOUT CAUSE: A. With Cause: In the event any of the provisions of the Contract are violated by the bidder, the Superintendent or designee shall give written notice to the bidder stating the deficiencies and unless the deficiencies are corrected within ten days, recommendation will be made to the Board or its designee for immediate cancellation. Upon cancellation hereunder the Board may pursue any and all legal remedies as provided herein and by law. In the event that it is subsequently determined that a cancellation under this paragraph was incorrect, the termination shall be converted to a termination for convenience pursuant to the next paragraph. B. Without Cause: The Board or its designee reserves the right to terminate any contract resulting from this Invitation to Bid at any time and for no reason whatsoever, upon giving 30 days prior written notice to the bidder. If the Contract should be terminated for convenience as provided herein, the Board shall be relieved of all obligations under said Contract. The Board or its designee shall only be required to pay to the successful bidder that amount of the Contract actually performed to the date of termination. C. Funding Out: Florida School Laws prohibit the Board or its designee from creating obligations on anticipation of budgeted revenues from one fiscal year to another without year-to-year extension provisions in the contracts. It is necessary that fiscal funding out provisions be included in all bids in which the terms are for periods of longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and must be agreed to by all bidders: The Board or its designee may, during the contract period, terminate or discontinue the items covered in this bid for lack of appropriated funds upon the same terms and conditions. Such prior written notice will state: 1. That the lack of appropriated funds is the reason for termination, and 2. Board agrees not to replace the equipment or services being terminated with equipment and services with functions similar to those performed by Revised 5/20/14 Page 558 of 770 the equipment covered in this bid from another vendor in the succeeding funding period. "This written notification will thereafter release the School Board of Palm Beach County, Florida of all further obligations in any way related to such equipment covered herein". 9. When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail/Federal Express/United Parcel Service or other traceable method, postage prepaid, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain such until it is 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 notice: To School Board: Director of Purchasing Department The School District of Palm Beach County 3300 Forest Hill Blvd., Suite A323 West Palm Beach, FL 33406 With a copy to: Inspector General The School District of Palm Beach County 3300 Forest Hill Blvd., Suite C306 West Palm Beach, FL 33406 To Contractor: 10. BIDDERS RESPONSIBILITY: Before submitting its bid, each bidder is required to carefully examine the Invitation to Bid delivery schedule, bid prices and extensions, insurance requirements, licensing requirements, bid closing date and time and to completely familiarize itself with all of the terms and conditions that are contained within the Invitation to Bid. Failure to do so on the part of the bidder will in no way relieve it of any of the obligations and responsibilities which are a part of the Invitation to Bid. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of award by the Board or time stated in special conditions. 11. AWARDS: In the best interest of the District, the Purchasing Department reserves the right to reject any and all bids and to waive any minor irregularity in bids received; to accept any item or group of items unless qualified by bidder; to acquire additional quantities at prices quoted on the Invitation to Bid unless additional quantities are not acceptable, in which case the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of this bid shall conform to applicable Florida Statutes. 12. THE JESSICA LUNSFORD ACT: All awarded bidders who are permitted access on school grounds when students are present, who may have direct contact with any student of the District, or who may have access to or control of school funds must be fingerprinted and background checked. Awarded bidder agrees to undergo a background check and fingerprinting if he/she is an individual who meets any of the above conditions and to require that all individuals in the organization who meet any of the conditions to submit to a Revised 5/20/14 Page 559 of 770 Level 2 FDLE background check and FBI screening, including fingerprinting by the School District's Police Department, at the sole cost of Awarded bidder. The report of the results will be immediately transmitted to the School District's Police Department, which shall be the sole determiner of clearance. Awarded bidder shall not begin providing services contemplated by the Invitation to Bid until Awarded bidder receives notice of clearance by the School District and is issued School District badges. Compliance requiring all awarded bidders to register as a visitor before entering school property and proper display of School District badges will be strictly enforced. Neither the Board, nor its members, officers, employees, or agents, shall be liable under any legal theory for any kind of claim whatsoever for the rejection of Awarded bidder (or discontinuation of Awarded bidder's services) on the basis of these compliance obligations. Awarded bidder agrees that neither the Awarded bidder, nor any employee, agent or representative of the Awarded bidder who has been convicted or who is currently under investigation for a crime delineated in section 435.04, Florida Statutes, will be employed in the performance of the contract. 13. DISQUALIFYING CRIMES: The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal Government. Further, bidder certifies that it has divulged, in its bid response, information regarding any of these actions or proposed actions with other governmental agencies. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity, may not submit a bid to contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The bidder(s) certifies by submission of this bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department/agency. The awarded bidder or any subcontractor shall not employ any persons with multiple felonies and / or crimes against children. The awarded bidder must provide documented proof of efforts to comply with this requirement. The Owner may declare any non- compliance or lack of diligent effort by the awarded bidder to comply as a breach of contract and immediately terminate the services of the awarded bidder. 14. ADVERTISING: In submitting a bid, bidder agrees not to use the results therefrom as a part of any commercial advertising without prior approval of the District. 15. LOBBYING: Bidders are hereby advised that they are not to lobby with any district personnel or board members related to or involved with this bid until the administration's recommendation for award has been posted at Demandstar.com, and at the Fulton Holland Educational Services Center, Purchasing Department area. All oral or written inquiries must be directed through the Purchasing Department. Revised 5/20/14 Page 560 of 770 Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a board member or district personnel after advertisement and prior to the posted recommendation on the award of the Contract. Any bidder or any individuals that lobby on behalf of bidder during the time specified will result in rejection /disqualification of said bid. 16. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the Board shall be final and binding on both parties. 17. LEGAL REQUIREMENTS: Federal, state, county, and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Specifically, bidder(s) is to adhere to School Board Policies 3.12 and 3.13, pursuant to the following, with respect to any criminal arrests and convictions, and is on notice thereto that any employees involved in any Chapter 435, Florida Statutes offenses are precluded from continuing to work on the project and must be replaced. Failure to comply may result in the immediate termination of the awarded bidder's contract at the sole discretion of the District. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 18. TAXES: The School District of Palm Beach County, is exempt from any taxes imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85- 8013897253C-1 and Federal Excise Tax No. 59-600783 appears on each purchase order. This exemption does not apply to purchase of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvements of School District-owned real property as defined in Chapter 192, Florida Statutes. 19. ASSIGNMENT: The successful bidder shall not sub-contract, assign, transfer, convey, sublet, or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the Board. 20. SUBCONTRACTING: If an awarded bidder intends to subcontract any portion of the Contract for any reason, the name and address of the subcontracting firm must be submitted along with the bidder's bid or prior to use for approval. No subcontracting will take place prior to bid-awarded bidder furnishing this information and receiving written approval from the District. The Purchasing Department reserves the right to reject a subcontractor who previously failed in the proper performance of a contract or failed to deliver on-time contracts of a similar nature, or who, the District has determined in its sole discretion, is not in the position to perform the contract due to the subcontractor's size, experience, or resources. The District reserves the right to inspect all facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in the Invitation to Bid. Revised 5/20/14 Page 561 of 770 21. DEBARMENT: The Board shall have the authority to debar a person / corporation for cause for consideration or award of future contracts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. 22. REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY: Possession of firearms will not be tolerated in or near school buildings; nor will violations of Federal and State laws and any applicable Board policy regarding Drug Free Workplace be tolerated. Violations will be subject to the immediate termination provision heretofore stated in Paragraph 16, Legal Requirements. "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun. No person who has a firearm in their vehicle may park their vehicle on District property. Furthermore, no person may possess or bring a firearm on District property. If any employee of an independent contractor or sub-contractor is found to have brought a firearm on District property, said employee must be terminated from the Board project by the independent contractor or sub-contractor. If the sub-contractor fails to terminate said employee, the sub-contractor's agreement with the independent contractor for the Board project shall be terminated. If the independent contractor fails to terminate said employee or fails to terminate the agreement with the sub-contractor who fails to terminate said employee, the independent contractor's agreement with the Board shall be terminated. Bidders are advised that they are responsible to ensure that no employee, agent or representative of their company who has been convicted or who is currently under investigation for a crime against children in accordance with section 435.04, Florida Statutes, will enter onto any school site. Revised 5/20/14 Page 562 of 770 23. PRODUCT RECALL: In the event the awarded awarded bidder receives notice that a product delivered by the awarded bidder to the District has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any State or Federal regulatory agency, the awarded bidder shall notify the District's Bid Purchasing Agent within two business days of receiving such notice. The District's acceptance or failure to reject the affected product as non-conforming shall not in any way impact, negate, or diminish the awarded bidder's duty to notify the District's Purchasing Agent that the affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the District shall include the name and description of the affected product; the approximate date the affected product was delivered to the District; the bid number; and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the District, if necessary to protect the health, welfare, and safety of District students or employees; and any health hazards known to the awarded bidder which may be caused or created by the affected product. The awarded bidder shall, at the option of the Purchasing Department and/or Purchasing Agent, either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the District. Unless it was absolutely necessary for the District to dispose of the affected product, the awarded bidder shall be responsible for removal and/or replacement of the affected product within a reasonable time, as determined by the District, without causing significant inconvenience to the District. At the option of the District, the awarded vendor may be required to reimburse storage and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded vendor will bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace the affected product with an equivalent replacement within a reasonable time without significant inconvenience to the District will be considered a default. Revised 5/20/14 Page 563 of 770 GENERAL CONDITIONS FOR BIDS 1. USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, any other school board, any other community college/state university system cooperative bid agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012(6) in lieu of any offer received or award made as a result of this bid, if it is in the best interest to do so. The District also reserves the right to separately bid any single order or to purchase any item on this bid if it is in its best interest to do so. 2. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to all State Agencies and Political Subdivisions of the State of Florida under the same conditions, for the same prices and for the same effective period as this bid, should the bidder(s) deem it in the best interest of their business to do so. This agreement in no way restricts or interferes with any state agency or political subdivision of the State of Florida to rebid any or all items. 3. FAILURE TO DELIVER: Failure to deliver as specified and at bid price will authorize the Board to purchase these items or services from other sources and hold the bidder responsible for any excess costs incurred thereby. Further, the Purchasing Department may recommend to the School Board that the vendor failing to deliver as specified be removed as a future bidder on all bids for a period of up to three years. 4. MANDATORY NONDISCRIMINATION CLAUSE: The Bidder shall not discriminate on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub- contractors, vendors, suppliers, or commercial customers. The Bidder shall provide equal opportunity for sub-contractors to participate in all of its public sector and private sector sub- contracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in the Palm Beach County School Board Policy 6.143. The Bidder understands and agrees that violation of this clause is a material breach of the contract and may result in contract determination, debarment, or other sanctions. 5. CONTRACTOR BID REQUIREMENTS: As part of its bid, bidder shall provide to the District a list of all instances within the past ten years where a complaint was filed or pending against bidder in a legal or administrative proceeding alleging that bidder discriminated on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age, or disability against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of each such complaint, including any remedial action taken. 6. CONTRACT DISCLOSURE: Upon the District's request, and upon the filing of a complaint against awarded bidder pursuant to Palm Beach County School Board Policy 6.144, awarded bidder agrees to provide the District, within sixty calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that bidder has used in the past five years on any of its contracts that were undertaken within the District relevant geographic market as defined in Palm Beach County School Board Policy 6.143, including the total dollar amount paid by bidder for each subcontract or supply contract. Awarded bidder agrees to fully cooperate in any investigation conducted by the District pursuant to this Policy. Bidder Revised 3/30/15 Page 564 of 770 understands and agrees that violation of this clause is a material breach of the Contract and may result in contract termination, debarment, and other sanctions. 7. INDEMNIFICATION AND HOLD HARMLESS: Contractor shall, in addition to any other obligation to indemnify the School Board and to the fullest extent permitted by law, protect, defend, indemnify, and hold harmless the School Board, its agents, officers, elected officials, and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual: A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual act or omission of the Contractor, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; or B. violation of law, statute, ordinance, governmental administration order, rule or regulation by Contractor in the performance of the work; or C. liens, claims or actions made by the Contractor or any subcontractor or other party performing the work; or D. claims by third parties (including, but not limited to, Contractor's employees or subcontractors) based upon an alleged breach by Contractor of any agreement with such third party (e.g., an employment agreement or licensing agreement), or allegation that Contractor's provision of services to the School Board pursuant to the Contract infringes upon or misappropriates a patent, copyright, trademark, trade secret, or other proprietary right of the third party. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for the Contractor of any subcontractor under workers' compensation acts, disability benefit acts, other employee benefit acts, or any statutory bar. Such indemnification shall cease at such time the contract would not be renewed. School Board acknowledges the waiver of sovereign immunity for liability in tort contained in Section 768.28, Florida Statutes, and acknowledges that such statute permits actions at law to recover damages in tort for monetary damages up to the limits set forth in such statute for death, personal injury or damage caused by the negligent or wrongful acts or omissions of a School Board employee acting within the scope of the employee's office or employment. The School Board agrees to be responsible for all such claims and damages, to the extent and limits provided in Section 768.28, Florida Statutes, arising from the actions of their respective employees. Each party acknowledges and it is expressly understood that the foregoing shall not constitute: (i) an agreement by the School Board to indemnify the School; (ii) a waiver of sovereign immunity by the School Board; (iii) a waiver of any right or defense that the School Board has under Section 768.28, Florida Statute, or any other statute; nor (iv) as consent to be sued by third parties. Awarded bidder recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board in support of this indemnification in accordance with the laws of the State of Florida. This article will survive the termination of this Contract. 8. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in specifications is for the purpose of establishing a grade or quality of material only. It is not the District's intent to rule out other competition, therefore, the phrase Page 565 of 770 OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on items bid. The District shall be the sole judge concerning the merits of bid submitted. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any and all liability, loss or expense occasioned by any such violation. 9. MANUFACTURER'S CERTIFICATION: The District reserves the right to request from bidders separate manufacturer certification of all statements made in the response to Invitation to Bid. 10. OCCUPATIONAL HEALTH AND SAFETY: Bidder, as a result of award of the bid, delivering any toxic substances item as defined in Code of Federal Regulation Chapter 29, shall furnish to the Purchasing Department, a Material Safety Data Sheet (MSDS). The material safety data sheet shall be provided with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: A. The chemical name and the common name of the toxic substance. B. The hazards or other risks in the use of the toxic substance, including: (1) The potential for fire, explosion, corrosively and reactivity; (2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (3) The primary routes of entry and symptoms of overexposure. C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. D. The emergency procedure for spills, fire, disposal and first aid. E. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL 32301-5014,Telephone 1-800- 367-4378. 11. OSHA: The bidder warrants that the product/services supplied to the School District of Palm Beach County shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. 12. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must be stated in units of quantity specified in bid specifications. In Page 566 of 770 case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a discount, it is understood that a minimum of 30 days will be required for payment, and the discount time will be computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified. 13. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of the bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 14. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination testing where such has been established by UL for the items offered and furnished. 15. DELIVERY: Unless actual date of delivery is specified, show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (See Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays unless otherwise specified on the purchase order. 16. QUALITY: The items bid must be new and equal to or exceed specifications. The manufacturer's standard guarantee shall apply. During the guarantee period the successful bidder must repair and/or replace the unit without cost to the District with the understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such repairs and/or replacements immediately upon receiving notice from the District. 17. SAMPLES, DEMONSTRATIONS AND TESTING: A. Samples of items, when required, must be furnished free of expense and if not destroyed, will upon request, be returned at the bidder's expense. Request for the return of the samples must be indicated on his or her bid. Each individual sample must be labeled with bidder's name, bid number and item number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Purchasing Department, School District of Palm Beach County. B. When required, the District may request full demonstrations of any units bid prior to the award of any contract. C. Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full responsibility for payment for any and all charges for testing and analysis of any materials offered or delivered that do not conform to the minimum required specifications. Bidder's disposition of all items delivered in this category must be at no expense to the District. 18. INSPECTION AND ACCEPTANCE OF GOODS: The awarded bidder shall be responsible for delivery of items in good condition at point destination. Bidder shall file with the carrier all Page 567 of 770 claims for breakage, imperfections, and other losses, which will be deducted from invoices. The District will note, for the benefit of successful bidder, when packages are not received in good condition. In the event the material and/or services supplied to the District is found to be defective or does not conform to specifications, the District reserves the right to cancel the order upon written notice to the seller and return the product to seller at the seller's expense. 19. LIABILITY, INSURANCE, LICENSES,AND PERMITS: Where bidders are required to enter or go onto District property to deliver materials or perform work or services as a result of bid award, the bidder will assume the full duty obligation and expense of obtaining all necessary licenses, permits and insurance. Bidder shall be liable for any damage or loss to the District incurred by bidder, bidder's employees, licensees of the bidder or agent or any person the bidder has designated in completion of his or her contract as a result of the bid; further bidder shall be liable for all activities of bidder occasioned by performance of the Contract. Not withstanding the foregoing, the liability herein shall be limited to ten million dollars ($10,000,000) and the bidder recognizes that and covenants that it has received consideration for indemnification provided herein. 20. SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the materials/service from use as specified will not relieve the bidder from responsibility. 21. BID BONDS AND PERFORMANCE BONDS: Bid bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. Bid bonds will be returned to unsuccessful bidders. After award of contract, the District will notify the successful bidder to submit a performance bond in the amount specified in Special Conditions. Upon receipt of the performance bond, the bid bond will be returned to the successful bidder. 22. QUANTITIES: The quantities shown are estimates of the quantity of items expected to be purchased during the term of award.Actual quantities purchased may often exceed or be less than quantities shown. Orders will be placed as needed by individual locations during the contract period. The bidder agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. 23. ORDERING PROCEDURE: Specific Items: After approval of Contract award by the Board, a letter of contract acceptance will be issued to each successful bidder acknowledging which goods or services have been awarded. Separate purchase orders will be issued based on specific items at firm,fixed prices listed in the bid. Percent Discount Catalog Bids: Separate purchase orders will be issued with pricing based on catalog and/or price lists. No item may be shipped or service performed that is not listed on the purchase order. 24. POSTING OF BID AND SPECIFICATIONS: Invitation to Bid with specifications will be posted for review by interested parties at Demandstar.com and at the Fulton Holland Educational Services Center, Purchasing Department, 3300 Forest Hill Boulevard, Third Floor, A-Wing Suite A-323,West Palm Beach, FL 33406, on the date of bid electronic mailing and will remain posted for a period of 72 hours. Failure to file a specification protest within the time prescribed in section 120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida Statutes, and applicable Board rules, regulations and policies. Page 568 of 770 25. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with the procedures outlined in section 120.57(3), Florida Statutes, the Invitation to Bid, and School Board Policy 6.14. Any person who files an action protesting bid specifications, a decision or intended decision pertaining to this bid pursuant to section 120.57(3)(b), Florida Statutes shall post with the Purchasing Department, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida payable to The School Board of Palm Beach County, Florida in an amount equal to one percent (1%) of the total estimated contract value, but not less than $500.00 nor more than $5,000.00. Bond shall be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the District prevails, it shall recover all costs and charges included in the final order of judgment, including charges by the Division of Administrative Hearings. Upon payment of such costs and charges by the protester, the protest security shall be returned. 26. TIE BID: According to FS 287.087, tie bid preference shall be awarded to vendors with Drug Free Work Place programs. Whenever two or more are equal with regard to price, quality, and service, a bid received from a business that certifies that it has implemented a Drug Free Work Place program shall be given preference in the award process. In the event both vendors have a Drug Free Work Place preference shall be awarded to the vendor who is certified in the following order: as a M/WBE certified with the School District, as a SBE certified with the School District. If both vendors meet all three requirements, according to standard purchasing practice, the Director or Manager of Purchasing will flip a coin to break the tie. Vendor's company name closest to the letter "A" will always be assigned heads in the coin toss. In the event of a 3-way (or more) tie, the vendor's company name will be chosen in a drawing. 27. INTERPRETATIONS: Neither DemandStar nor any employee of the District is authorized to interpret any portion of the Invitation to Bid or give information as to the requirements of the bid in addition to that contained in the written bid document. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to bidders by written addendum. 28. SPECIAL CONDITIONS: If any conflict exists between any of the Special Conditions and/or the Specifications and either the General Conditions for Bids or the Instructions to Bidders, the Special Conditions and/or Specifications shall govern. Page 569 of 770 ---—---------- —--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- —------------- SCHOOL DISTRICT OF PALM BEACH COUNTY PURCHASING DEPARTMENT Date: September 21, 2016 ADDENDUM NO.: I INVITATION TO BID NO.: 17C-17T TITLE: Term Contract for Preventive Maintenance and Minor Repairs RETURN DATE: September 29, 2016, 2:00 P.M. EST The following questions were received and are answered: Q1: Does the School District of Palm Beach County have a complete list of the belts and tonages of the units for this bid? Al: The School District of Palm Beach County does not have a completed list; therefore we are using the hypothetical sites which are similar to what is at the sites. Q2: Will the Bid Summary be revised to take into account the exhaust or supply fans that are on sloped roofs requiring additional staffing for safety reasons? A2: Yes. See 17C-17T Bid Summary- Revised 9-20-16. This replaces any previous Bid Summary documents. Q3: Can the coils be cleaned during normal hours? A3: Yes; if the unit is off-line for no more than 30 minutes. In addition, vendor shall verify there are no activities in process such as student testing, which might be impacted. This addendum is for information only and need not be returned with your Bid. -A�ze'o 61d4 - Karen Adducci, Purchasing Agent (for Dennis Messerli) ZVI,, -denell McMann, PurchasiManager Posting of Conditions/Specifications This Addendum will be posted for review by interested parties, at DemandStar.com on the date of the Addendum electronic mailing and will remain posted for a period of 72 hours. Failure to file a protest on any changes to the specifications contained in the Addendum within the time prescribed in section 120.57(3)Florida Statutes,will constitute a waiver of proceedings under Chapter 120 Florida Statutes, and applicable School Board rules, regulations and policies. Any person who files an action protesting the specifications contained in this Addendum, pursuant to Section 120.57(3)(b), Florida Statutes shall post with the Purchasing Department, at the time of filing the formal written protest, a bond secured Revised 10/19/12 Page 570 of 770 INVITATION TO BID NO. 17C-17T ADDENDUM #1 Page 2 by an acceptable surety company in Florida payable to the School Board of Palm Beach County in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000. Bond shall be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the Board prevails, it shall recover all costs and charges included in the final order of judgment, including charges by the Division of Administrative Hearings. Upon payment of such costs and charges by the protester, the protest security shall be returned. Page 571 of 770 7.E. BIDS AND PURCHASES OVER$100,000 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Authorize the purchase of replacement vehicles as approved in the fiscal year 2018-19 budget in the estimated amount of$186,590 by utilizing the following contracts: Florida Sheriff's Association Contract#FSA18-VEL26.0, #FSA18-VEH16.0, and Sourcewell for three (3) replacement vehicles. The Florida Sheriff's Association and Sourcewell procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: The Fleet Administrator recommends the annual purchase of three (3) replacement vehicles for Police, Fire/Rescue, and Public Works/Parks as approved in the fiscal year 2018-19 budget. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. Florida Sheriff's Association Contract#FSA18-VEH16.0, #FSA18-VEL26.0, and Sourcewell Contract (Effective October 1, 2018—September 30, 2019) The Fleet Maintenance Division intends to award the following vendors for purchase as follows (see attached Exhibit 1 for vendor details): 1. Texas Trailer for one (1) trailer for Fire/Rescue in the amount of$4,510.00. This unit utilizes the Florida Sheriff's Contract#FSA1 8-VEH1 6.0. 2. Bruce Rossmeyer's Harley Davidson for one (1) Police Motorcycle for Police in the amount of $23,325.00. This unit utilizes the Florida Sheriff's Contract#FSA18-VEH26.0. 3. Altec Industries, Inc. for one (1) 60' Bucket Truck for Public Works/Parks in the amount of $158,755.00. This unit utilizes the Sourcewell/NJ PA Contract#012418-ALT. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? These three (3) replacement vehicles will be used throughout the City to provide services to our residents. FISCAL IMPACT: Budgeted The total amount for these vehicles are included in the approved fiscal year 2018-19 budget under account t 501-2516-519-64-33. ALTERNATIVES: By deferring purchases, departmental maintenance cost and equipment downtime would increase and daily operations would be impacted. STRATEGIC PLAN: Page 572 of 770 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Vendors- see attached excel list START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Attachment Veheile Purchase FY18-19 Dec. 19 2018- S preadsheet D Contract Agenda Attachment- Florida Sheriff's Contract #FSA18-VEL16 for Vehicle listed#1 D Contract Agenda Attachment- Florida Sheriff's Contract #FSA18-VEL26.0 for Vehicle Listed#2 D Contract Agenda Attachment- Sourcewell Contract #012418-ALT for Vehicle Listed#3 Page 573 of 770 0 i n � w r I 0 �W O ti ti E'I4— O a In � ti W r LO N O1 co a CD w r r CIL 0 W tict Gi ti r °5 CL ca r r u u ed Co r ® WY r r i F v v W IL, ML E J ( 2 I lotc E r r i � IL w 1CLv C � 7 F isC ay 2 r PUBLIC WORKS DEPARTMENT REQI�JEST.FOR PURCHASE ORDER Date [12/06/2018 Account No.: 501-2515-591.64-31 : c : F an s peci cation s a ill Dag� De, ar uem Head ��-rova . Circle All"A-,L1, DivisionpApj-)rovah RF 1 Cap. Outlay Fleet -- Division a : � la t : j -: 1 —TNo.Vendor: Texas trailer Contact Person: I' Rick Croft Address: Fed iso: erom,State: wy : Phone: 352-378-4756 e=ff a rick@texastrailersfl.com QTY PRICE UNIT DESCRIPTION ITEM# COLOR SIM TOTAL $8,390-00 1 $8,390.00 1 -$3880.00 Each Delete optionsquote- -$3.880.00 I Price Quote Vendor Nam TOTAL 64; 10.00 Page 575 of 770 F } Estimate w'' w 5601 NW l3th Street Date Estimate 9 Gainesville,FL 32653 Office -37 - 7 11/2 018 6349 Name/Address Ci cf Financialvcs t. POI Box 310 Boynton ea 33425 Description MY Amount Total ® ................................ r......,� u FloridaQuote from Contract#FSAIS-VEH 16.0 .3 .00 9,390.00 Cob end Chassis Throks and Other Flect Equipment Specification -Texas Trailers TX8525 8T-Base Trailer Delivered o Southern District Delete A Option-Downgrade to Model EQ20 I 0 -010"x 20' -3,2 .3,290.00 Heavy Duty EquipmentTrailer-Tandem Axle Tag Trailer( 'Flat Dock 12' ove Tail), 10,000# (2)5200#EZ Labe Axles With ie Brakas On Both Axles,4'Full Wrap Around A-Frame, 7 Tongue Jack Adjustable 2-5116"Coupler,5"Channel Frame,Rub Rail With and Tic Downs,3"X 2"Angle Cross Supports On 1 , ' Adjustable Stand Up Ramps vd Stands,(4) 25 S 15 Radial LRD Tires On 6 Lug Stool Wheels,2"x 8"PT Pine Deck wf Galvanized Dock Screws,Protected hiring,LED Lighting,DOT Conspicuity a V Plug,Prepped,primed, paintedli black enamel paint,Spare Tin Delete FSA Option-TXDELLN-Deduct r shorter trailer-priced 6 -100.00 -600.00 per linear foot(Reduces Length to 14'-Changes Model N to 1 Substitute 4'standard ramp gate IPO stand up remps. c 1 0.00 0.00 I 1 U I $4,510.00 Sales Tax (6.5%) $0.00 Total $4,510.00 Page 576 of 770 i - 1 6.0 I Compedfive Pumhasing Program Page 1 of Register for the 2019 Winter Sheriffs Conference (https://www.flsheriffs.org/law-enforcement-programs/conferences). (https://www.facebook.com/floridesheriffsassociation� FLORIDAIFF ASSOCIATION (https://www.fisheriffs.org6 Become r( :H r i ri r / - r i - I ) About Sheriffs Programs Publications Jin Today(https://membemhip.flsheriffs.org/2017-Membership-LP.htmi) Renew a i ( J/ a rshi . seri . 1 - a rshi - . I ) PURCHASING PROORAM ,K Back to Main r sing Page (https*//wwwJlsheriffs.org/law-enforcement- progra ms/c r i - r sin - r ram) https://www.flsheriffs.orgilaw-c.nforeement-programs/purchasing2Ol8/cab-chassis-trucks-... PfV@/jfff8of 770 FSAI 8-VEH16.01 Competitive Purchasing Program Page 2 of 8 FSA I 8-VEH 16.0 CAB 8 CHASSIS TRUCKS AND HEAVY EQUIPMENT Effective October 1, 2018— September 30,2019 The Florida Sheriffs Association first procured the Cab & Chassis and Heavy Equipment Contract in 2003. Since then it has grown to one of the premier large truck and equipment contracts for public works, parks and recreation, educational institutes and many others. For details of the products available, review the category you are seeking to purchase. Simply select the drop-down arrow and locate the vehicle of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents. 4WD iti FLORIDA SPERIFFS ASSOCIATION ORDERING INSTRUCTIONS (HTTPS://S3.AMAZONAWS.COM/FSA- PU RC HAS I NG-2017/OR DER I NG-I NSTR UCTIO NS-V10-19-17.PDF) VENDOR DIRECTORY (IUPLOADS/DOCS/16.0—AWARDED—VENDOR—DIRECTORY-101718.PDF) :/ . t- / -c is- -... PI@M/2rfl%of 770 F ' 9 ,, d � FLORIDAAW4MATKWCW COUNWES FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Name s Ban nit of Dealershipof Vehicle Zone U price '6 X 2 ' t Ai . . - 16,900L3 CLUMSe irat° } Texas Trailers 'c 19 Big Tax 22PH255s 11,2 5.0 2019 Big55 — TrailersTexas es and Service 2019 i 55 Northern $10,740.00 2019 BigTex 22PM55 Northern —NB— Texas Trailerses and Service 2019 Big Tex 22PH255 Central $10.930.00 2019 BigTex 22PH255 Central --NB— Tom Trailersi 2019 BigTex 22PH255 Southern11,310. 2019 Big55 Southern .-NB— Dobbs s i t LLC 2019 Eager Beaver Bg-DOW Western $11,525.00 2019 r Beaver —NB Dobbs Equipment LLC 2019 Eager Beaver B&DOW Northern11,525. 19 Eager Beaver — Dobbs Equipment LLC 2019Eager Beaver BB-DOW Central $11,525.00 2019 Eager Beaver BS-DOW central --Dobbs Equipment LLC 2019r Beaver $11,525.00 2019 Eager Beaver u - DeLand Truck Center 2019 Econoliae0 21 a r *Western7,735. Doveftil 2019 Eronoline BPO821DE Deckover western Dovetail DeLand — — Truck Center 2019 Econoline BPO921DE Deckover $7,395.00 Dovetail 2019 Econoline0 1Deckover Dovetail o - DeLand Truck Center2019 Econoline,BPOS21DE Deckover *Central ,5 5. Dovetail 2019 Econoline BPO921DE Deckover Ce Dovetail DeLand Truck 2019 oline BPOS21DE Deckover *Southern , 35.0 Dovetail Page 579 of 770 2019 Econoline BPOS21DE Decko Southern NB— Dovetail Federal Contracts Corp 2019 Falling Trailers FT-1 2 western $13,323.30 2019 Felling Trailers FT-16-2 western —NB-- on s Corp 2019 Felling Trailers FT-16-2 Northern $13,323.30 2019 Felling Trailers FT-16-2 Northern Federal Conftcts Corp 2019 Failing Trailers FT-16-2 central $13,323.30 2019 Felling Trailers FT-1 - ..NB— e l elly Tractor Co 2019 Felling Trailers FT-16-2 Southern $11,600.00 2019 Felling Trailers FT-16-2 Southern ..NB— Dobbs Equipment LLC 2019 Interstate 16BST Western $12,325.00 2019 Interstate 16BST Western —NB— Dobbs Equipment LLC 2019 Interstate 16BST Northam $12,325.00 2019 Interstate 16BST Northern —NB— Kelly Tractor Co 2019 Interstate 16BST Central $10,990.00 ALT-Dobbs Equipment LLC 2019 Interstate 16B ST Central $12,195.00 Kelly Tractor Co 2019 Interstate 16B ST Southern $10,990.00 ALT-Dobbs Equipment LLC 2019 Interstate 16BST Southern $12,185.00 Texas Trailers Sales and Service 2019 Texas Trailer TX8525 Western $8,290.00 2019 Texas Thiler TX8525 Westem ..NB— e s exas Trailers Sales and Service 2019 Texas Trailer TX85258T Northern $7,990.00 2019 Texas Trailer TX9525ST Northern ..10— Texas Trailers Sales and Service 2019 Texas Trailer TX8525ST Centm] $8,190.00 2019 Texas Trailer TX95258T Central —NB— Tom Trailers Sales and Service 2019 Texas Trailer TX8525ST Southern $9,390.00 2019 Texas Trailer TX95259T Southern —NB-- Ring Power Corporation 2019 Towmaster TC-I 6 Western $16,556.00 2019 Towmaster TC-1 6 western ..NB— Ring Power Corporation 2019 Towmaster TC-16 Northern $16,556.00 2019 Towmaster TC-16 Northern ..NB— ' Power Corporation 2019 Towmaster TC-16 Central $16,556.00 2019 Towmaster TC-1 6 central --NB— Kelly Tractor Cc 2019 Towmaster TC-1 6 Southern $12,950.00 2019 Towmastar TC-16 Southern NB— 2019 Trail King TK20 western NB 2019 Trail King TK20 western —NB Flaglar Cons tructionEquipment 2019 Trail King TK20 Northern $16,500.00 2019 TY61 King TK20 Northern —NB— Page 580 of 770 Flagler Cans tructionEquipment 2019 Trail in TK20 central $16,500.00 2019 Trail King TK20 Central --NB-- Flagler Cons tructionEquipment 2019 Trail King TK20 southern $16,500.00 2019 Trail King TK20 Southern . Sun State international Trucks,LLC 2019 XL Specialized Trailers XL 24 T Western $18,650-00 2019 XL Specialized Trailers XL 24 T western --NB— Sun State International Trucks,LLC 2019 XL Specialized Trailers XL 24 T Northam $19,650.00 2019 XL Specialized Trailers XL 24 T Northern --NB— Sun State International Trucks,LLC 2019 XL Specialized Trailers XL 24 T Central $18,650.00 2019 XL Specialized Trailers XL 24 T Central —NB— Kelly T)mctor Co 2019 XL Specialized Trailers XL 24 T Southern $19,500.00 2019 XL Specialized Trailers XL 24 T Southern —NB— Page 581 of 770 tI Iru . v. ,J-" AUMMMwMa FLOREDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES ® 16,000 LB GVWR SPECIFICATION #60 2019 Texas Trailer The Texas 'ler TX85259T purchasedthis n es with all the standard equipment ifi the manufacturer or this model and FSA'sa vehicle specification(s) is which are includeda a part of this 's vehicle base price as awarded by specification . ZONE: Western Northern Central Southern BASE PRICE: $8,290.00 7, 0. ,l $8,390.00 While the Florida Sheriffsi lori a Association of Countieshave attempted to identify and includet items most often requestedy participating agencies for full size vehicles, ize equipment needs and preferences am going vary fiom agency to agency.In an effbrt to incorporate flexibilityour program,we havecreated specific add/delete options which allow the purchaser to tailor the vehicle eir particular wants or needs. The following equipment delete and add optionstheir related cost am providedassist i t cost of the type vehicle(s)you wish to order through this program.Simplydeduct the cost of any of the fbilowing equipment items you wish deleted se unit cost or add the cost of any equipmentitems you wish added to the base unit cost to determine e approximate of the type v icl ( )you wish to order. An official listing of al 1 add/delete optionstheir pricess out e obtained from the appropriate dealerin your zone when preparing your order.Additionall options other than those listed hem may be available through the deahowever, listed here must be honored by the dealers in ozone at the stated prices. Page 582 of 770 VEMCLE: M5258T DEALER: Texas Trailers Sales and Texas Trailers Sales mid Texas Trailers Sales and as Trailers Sales and Service Service Service Service ZONE: western Nordiern Central southern BASE PRICE: $8.290.00 $7,990.00 $8,190m $8.390.00 Order Code Delete Options All Zones EQ2012GV Downgmde to Tx 20'equipment,2"dovetail tandem axle tag type tz-ailer, 12,000 lb.GVWR ($2,730.00)' 6'10"x 20'11cazy Dwy Equipment Tiuder-Tandem Axle Tag Trader(18'Flat Deck wl 2'Dow Tall),IZOOO#GPVR,(2) 6000SEZLYboAxles With ElecirtcBm4ee On/loth les.4'FW MWAroandA-Frame,7000#See Back Dr Leg Tongpie Jack Ai#ustablePinde E3v Or 5116'CoWer.6"ChannelFtume.Rub it WithSlake Pochecrand 77c Downs,3"Channel Crws Sqpmu On 16"Canters,S'Adjustable Stand Up Reaps w/Mandt,(4)ST2351801?16fiadlal LRE Tfres On 8 LvgSteel WAvrels.2"x 8'PTP1#w Deck w1Gah=L-*dDeck Screws.LED L4hdng,Protected Wiring,D0TConVczdrya Package,7 Way RVPlug,Propped printed andpointed with high safidt black enamelpaint. Spare nre I EQ2214GV Downgrade to 7' ipment,Tdovetail tandem axle tag type trailer, 14,000 lb.GVWR ($2,230.00) 6'10"x 22'HutVDuiyEqWpm*nr Dailer-TandemAxle Tag Netter(20'FZwDeckw12'Dow TWO.14.0000 GF7VP,(2) 7000#EZLzrbe Axles FAA Elecalc Brakes On Both Axles,4'Full Whip AroundA-Frame,7000#SetBack Drop Leg Tongue Jack,Aoustable Pmde E)v Or 15/16"Compler,6-Channel Frame,Rub Rail With Stake Pockets and Tie Downs.3"Channe1 C�rass Sanvoris On 16"Centers,S'AdVustable Stand?J]p PmW wISLvids,(4)S7235180,R16 RaWal LRE Tires On 8 Lug Skel Wheals,2"x 8'PTPine Deck wl Galvanized Deck Screws,Protected Wiring,DOT ConViculop Packagr,7 Way RVPlng, Prqppea?primed andpainted with highsofids black enamelpabit 4wv Thv EQ2010GV Downgrade model-specify ($3,290.00)' V 0'z 20'Heavy Duty Equipment That ter-Tmdem Axle Tag Trader(I&'Flal Deck ivl 2'Dove Tail).10.OW#GF .(2) 52009 EZ Luba Axles With Electric Brakes On Both Axles.4'Full Wrap ArvundA-Fraare,7000#Set Back DrV Leg Tangin Jack Adfustable Pinfie E3v Or 2-5116"Coupler,S"Channel Frame,Rub Rail With Stake Pockets and Tie Dow=3"X 2" Angle Cross SWports On N'Centers.S'AiFuffmble&and Up Ranpr wlSiandt.(4)ST2251751RIS Radial LRD Tires On 6 Lug Steel Wheels.2"x 8'PTPine Deck wlGahmi:-ed Deck Screws,Protected Wiring,LW Lighting,DOT Cmupicnity Package, 7 a;®RYPIng,Prepped pruned andpainted with high solids black enaffm1paint,Spare Me FB2514GVB Downgrade model-specify ($931.00)'l 102"x25' a ty Deck Over BunperPull Flat Bed Dwiler(201 Flat Deck w/5'Denv Telp,14, GI (2)7,000# EZLubeArles With ElechIcBrakeson BothAxles,(4)ST23518WR16RoAalLR827res on 8 Nzeek.5' el -'leant !l,1"ChunnelOuterFranae,3"Channelcross member,a"16" lens,RubRad Nth Stake Pockets, Adjustable Pi le A)v Or 2-5116"Ad "era table Coupler,Pressure irvoted deck(2)Sp1qSAsz&ted5'DcvkLewl Ramps, Wiring in conduit Lockable molbox,Prepped,primed,andpainted with high solids black emonelpamt,(2)12KSpHng loaded drop logjack, DOTC-Vd1yPhWSpare Tim UT62010GV Downgrade model-specify ($3,705.00) 6'10"x 20'Reavy Duty Utility Duller.10,000#GVWX(2)5.200#EZ lube cambered axles with electric brakes on both axles. Emergency Break Away Kit,He Duo,Bottom Prame.2"X 2"Square Tubing Top Rail and f7pighte,(4)ST2251751RIS Radial LRD 7Yres on 6 Lug Steel Wheels,15"Open Metal Sides,Tandem Teardrop Fenders With Jorner Skirtx 4'Fidl Wmp Armun(A-Fromr,2-5116"Cotpler,4'Remorable Ramp Gale,DOT Contpicuily Package,Federal DOTand Sam offlarida Compliant Light Package. Welded Light Guanis,5000 lb.Bulldog Tongue Jack 2"X 8"Pressure ineated wood deckfng, GahmL-eddeck screws,S*iy chat-with keepers 7 wM,pt sg P-pped primed rated rpt high solids black enamel pater,S Par,Tr, UT61610GV Downgrade l-specify ($4,105.00) 6110"x 16'Ilrow),Dzq Ufifioiler,10.0 GPWR(2)5.2000 EZ lube cambered arlis with clecalc brakes on both axles. E akAway Kii,He Duo,Bottom Dvme,2"X2"Squmv Tubing Top Rail and Upights,(4)ST221 Radial LRD Tires an 6 Lug Steel Wheals,15"Open Afital Sides.Tandem Teandimp Fenders Nth Inner Skirts,4' ll Wrap ArautsdA-Franve,24116m CoWler,4'Pomovabl,Ramp Gaia®DOTConspicidly package,FederolDOTandSata of Florida ComphontLighi Packege,WeldedUght Guard%5000 lb.Bulift Tongue Jack 2"X8"Pressure ovaledwood'decking, Galvanized DeckScrews,&fesp chains wilk keepers,7 wayplug,Prepped primed,andpaintedwith high soh dr black enamel paint Aeare 7Wv I UT61670GVr.Delete option-spec* ($4,795.00) 670".16'Heavy Duty UU110-Trailer,7.0 4 G;7VX(2)3500#EZ lube canibered axles with electric brakes on both axles. Emr-pircy Break Away Kit,He Dta),Doff om Frame.2"X 2"S nobing Top Rail and Uprights,(4)S720S1751RI5 Rodal LRC Thvs on 5 Lug Steel Wheria.15"Open Metal Sides,Tandem Tew*W Fenders With Inner Skirix,4'Full Wrap AroundA-Frame,2-5116"Cor pler,4'Arminxtble Ramp Gate®DOT Compleulty Packar,Federal DOTand State of FI Compliant Light Package, Welded Light Guardt,2000 lb.Bulldog Tongue Jack 2"X8"Pressunr treated wood decking, Ga L- Deck Screws,Safity chains with keaper&7 wdyping,Prepped,printed andpainted with high Midi black enamel PaK Spam Tire Page 583 of 770 VEHICLE- M525ST DEALER: Texas Trailers Sales and Texas Trailers Sales and Texas Trailm Sales and Texas Trailers Sales and Service Service Service Service ZONE. Western Northam central Southern RASE PRICE: $8.290.00 $79990.00 $8,190.00 $9,390.00 UT612350V Delete option-specify ($5,515.00)' 6'4"x 12'Heavy Duty Utility Trailer(Single Axle),3508#GIVIt(1)35000 EZ to cambered axis with elecalc brakes, Llmergefty Break Away Kit,f2)ST205IRIS Radial L&C 77ow on 5 Lag Steel Wheels.15"'O esd Rda,Fendars Rih hner SIdn's,4'Fzdl Wrap ArazardA-17rame,2'CoWer.4' la Amp Gras,DOT Conspiculty Tape p1W.Protected wiring FoArred DOT and AM offladda Compliant Light Package.Light Guards,2000 A Bulldog Tongue Jack 2"X 8" Pressure t wood decking.Gakwi:ed deck screws,2"X2"S ing Top"I and U is.&fify wi prlg_h chums th kropers,7 wayphg Prepped,primed rated with high so/I&black emmuripaint,Spare The UT610350V Delete option-specify ($5,615.00)' 64".x 10° Duey Utility lholler(Sher Axle),3500#Gd VA(1)3500#EZ lube cambered axk with electric br4ba, EntoWncy Break Away Kit(2)S72051751R15 Radial LRC Tires an 5 Lug Steel Wheek.15'Open Moral Sides,Fenders With Inner Skirts,4'Full Wrap Around.A-Frante,2'Coupler.4' able Ramp Gate.DOT Compicido-Tape pk-.Protected witin,Federal DOT and State of Rodds Ckunphant Light Packap,Light Guards,2000 lb.Btfidag Tongue Jack 2"X 8- Presseire avared wooddeckiv Gahkqnbed deck scmvs,2'X2'Sqwpv Tubing Yop Rail 4nd U gh ts. e � 41h pri Sasty c ains with 'keepers.7 wayplag,Prepped,praneg andpainted with ho solids black onamelTyre UTS10350V Delete option-specify ($5,715.00)l S'x 10'Heary Duty Utility Traller(Wngie Axle),3500#GVWA(1)35000 HZIubo cambered wtow ith electric hiukes, Emergency BreakAwqp Kft,(2) 20 51!415 Radial LRC 77ms on 5 Lag Sreel Wheels,15"Open MotalSides,Fenders Nth Imer Mdri%4'Full Wrap AroundA-Frame.2"Corpler.4',Removable Aruso Garr.DOT Ccufo,Tapepkg.Protected wh Ing,Federal DOT andSlate offronda Compliant LightPackage.Light Guards 20001b.Ball d2gToqgwJaa&2'X8' Pressrov trearedwood dockurg.Gahmnizeddeck screws,2" 2" Tubing TqpRallV and bprIs.Safro,chains with t. keepers,7 way phM Pre ppeA primed andpaltuedwith high solids black anamelpainSpam T TXDELLN I Delete option-specify ($100.00), Deductfar shoiter traffer-pricedpor lis foot I NOSPARE I Delete option-speci (SX00) Deduct For Na Spare Tfreq REMEBKSA Delete option-specify ($190.00) Remove Brakes an Single Axle Trailer®Reduces G17M to 2990#andRemoves Emerganq BreakAway Kit.Ckanges Plug to 4 Way Plug I NO LISTINO Delete option-specify In r.1. Ve What You Neei 1.You May Take 5%Off Of The Cie rem I MSRP On A ny Model Or Ntam Option Not Listed I Delete option-specify NA Delete option-specify NA Delete option-specify NA DelM option-specify NA Delew option-specify NA Delete option-specify NA Delete option-specify NA Delete option-specify NA Delete option-specify NA Delete option-specify NA I Deleft option-specify NA Order Code Add Options All Zones Page 584 of 770 VEMCLE: IX9525 DEALER: Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and service Service service Service ZONE: Western Northern cents] Southern BASE PRICE: $9,290.00 $7,M.00 $8,190.00 $9.390.00 FB25200VB 1 9'6"x 25'deck over flatbed trailer tandem axle with 20,000 lb.GVWR $2,235.00' 102" 25' Duty Deck OverFlatbed ThWer(20'deckivIS'dave auto,23,90ft GT%X AaYuslable 6000ONPIntle E�v CoWler,199 12"I beamfhame,Pierced Frame,(2)10,0009 Dexter Oil Bath arim(2)12KSift LoadedackL Electric Brakes an Both Axles,Emergency BmakAway Kit,6"Channel Side Rails,3"Channel cross members an 16"centers,(2) Spring Assisted S'Deck Lent&uW.(8)S7235MOR16 Radial LRE Tfres on dual steel wheels,2"x 8"Pressw fmareddrek, Gainanbeddeck screws,318"rub it whit stakepockiiis,Pmectedwirft Lockable Imigue tool box,Prepped ime4and pointed with high solids black enamelpaint.DOTlightpachage.Beany Day 7 Way Trailer Plug,Spare Tire 1pr TXGN Gooseneck type itch $750.00' Add Goateneck H1wh On Ft Dwiters with 30000#GI-WR and U FB3024GVB Upgrade mode1-s ci ,635.00 11 102"X 30'Hff"-Dz*Deck Over Flat bed Trailer(25'deck wl Fow oil),23,900#G;WR Apustable MM Pi le E3V Cc Wder.19#12"1 beasefraam,(2)12, Dexte r Oil Bath arles.(2)12K Spring Loaded 2 Speed Jacks.Electric Brakes on Both Axles,Emeiraq Break Away Kit,8"Channel Side Pwb 3"Channel cross members an 16"centers,(2)Spring Assisted S'DeckLevel RanM(8) 135 4816 Radial LRE Tires on ditalsteel wheeis,2"z 8"Pressure treated deck Galimired deck wrews.W nfb rall with stake pockeet,Protected wirbig,Lockable tongue tool box Propped,primed andpainted with high wilds black enamelptunt,DOT fthl7 Wqy ftlier Plug,Spare YTre FB30300VB Upgrade model-specify $11,300.00' 102"X30111eary Day,Deck Over Flatbed Trailer(23'deck iv/51 don azio.30,000#GVWR Ag#assobfe 600004 Phale Eye P.Cotpler®22#12"I beanifrure,(2)15, 0#Dexter Oil Bath axles,(2)12K*ring Loaded 2 Speed Jacks,Electric Brakes on Both Axle&,BreakAway SWety System 811 Channel'Sids Rails,4"Channel crass members on 16" niers,(2)Deck levelromps with spring assist,(8)S72ISITS RI7.5 Radial LRH T(res on dualsteel wheels.2"x 8"Pressure ireateddeck.GalvanLwddeck screws,318"rub rail with stakepockati.Protect ed wiring.Lockable tongue tool bax Prepped primed andpainied with high solids black enatot paiet.DOT11ghtpackage.H Duty 7 WdV Trailer Plag,Spare nm FB3040GVB Upgrade model-specify $15,200.00' 102'x 30' easy Didy Deck Over Flalbed Trailer(251 deck+51 dave talo,40,000#GVWR Adjustable 600000 Pintle Ejm CoWer,26#14'1 beamframe.18,0000 GA WX(2)22,5 lb.Dexter Of/Bath axles,AIR BRAKE%8"C SIde Rails,4 Chatmelcrossmerat berjonl6"ceeters,(2)Rangis with 4wingassist,(8)SY215117SRa&aILRHnres andualsol idwobeels, 1-112"Apitang Hardwood Deck Gahwkeddick screws,Heavy Duty D-RJW(5)on Each SYde,(2)I2,0002Spcedhacb, Protected wiring.Lockable rongue tool box Pre d,andpainted with high solids black enamipal"l,LED Lkglalng, DOTI(ght -0-This Item Is FOB Craimsville L.Due To Ah-Brakes"' NO LISTrNG Upgrade model-specify Incl. If You Dan't See Whar You Need.You Aft,Take 5%Off Of M Cunvit?A4SRP On Any Model Or Non-Custom Gpdon Not Listed. I TXADDLN Optional equipment-specify. $150.00 AM length-pricedper Anearfout. I I TXMROI Optional equipment-specify $790.00 Mega Rajops-(2)ramps ifialspanfull width an all 102"wide traders LMSIDE Optional equipment-specify $30.00 'Heavy D&Q Sides-aWs 24"tali 2"sqsare tubing top rail and qftky with qVional mWanded metal inscris-pricedper linear trait I TTSGI Optional equipment-specify $360.00 Add Heavy Duty spring loaded tailgate ILO samdoW ramp or gaft-Pleam specify split oro piece.Inchefes 7"steel dowaid tramidon on milly and kiedscape wallers RAe140 Optional equipment-s i 140.00'6 A& 7" cel Dovetail Transition to End of Who,ar Landscape Trailer.Akkes a seth transiflonfivm the fop of Ike imp to dw top of deck boandr. TTFP Optional equipment-specl ' Adds 118"Steel Floor Plate In Place Of Wood Deck Decreases Ows Member Spacing To 12"On Center-pricedper finear Vaderibot Page 585 of 770 VEHICLE: TX95258T DEALER: as Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and service Service Service Service ZONE: Western Northern Cenbml Southern BASE PRICE: $8,290.00 S7,M.00 $8,190.00 S8.390.00 EHR01 Optional equipment-s $3,290.00' Insiall Electric-Add Hydnauftc Assist to Rear Heavy Duty Rarkm On 102"Mde Trafleas.Includes baffiny,pump.kydmuUcj and installation. I I ADJC01 EOptional equipment-specify $125.00' Substitute acousta ble 2-5116"coupler or a4ftstable pinde. *Mwt upgrade to 7K Sot BackJ k With This Option (Marimum 14K GYWR on 2-5116'coWer) SBJ7K Optional equipment-specify $95.00 Hwrj,Duty 7K12rep Leg Set Backjack-inseWled behind coupler to allowpick;p truck tai to open wahouthanng Me 1jack. I RFOI Optional equipment-specify $1,9go.00 Rumber Rubber Flooring an Ramps andDovetail-Available On 102"Deck Over Trailers WWI Optional equipment- ci l 1,260.00' Install 8,OM Warn Electric Winch-Includes Battery Winch and butalladon SPAREMT Optional equipment-specify $95.00 S)%are lire not an&%uler I TTCOLOR Optional equipment-specify $245.00' Upgrade to a color-without upgrade standard color is black an all trailers Tr4 Optional equipment-specify $390.00' 4place irliumer rackfor lawn or Otto trailers WT001 Optional equipment-specify $1,425.00 Sliding Winch Track wl(5)4"Strap an Sliding Ratchets on Deck Over Flatbed Smilers Up to 30, TBV34 Optional equipment-specify $325.00 Lociang ahoulnum A-Frame mormted tangue bar 34' TBV49 Optional equipment.specify $360-00 Lacking ahoulnum A-Fnzme motmird tongne has 49' RDR801 Optional equipment-s i $39.00 D-ring orfl not fie fing installed.Please Vecify location. STKOI Optional equipment-specify $390.00' Instal?(2)clear strobes on mew vired throrgh mpitchon thefrunt of do imiler.Choosefront or rear mounting 7tan- O r ratio, ) ro rs s. Onkrquantio,oftwo(2)forfowcwwrs&abes. I MBX 'Optional equipment-specify $490.00' Landscape Box-R s2'x 2'x width offtwiler aspanded metal toolbar an i%inflionl nailer. TTLRG Optional equipment-spec* $98.001, I Upgrvides 10 Ply 16-Tbvs To 14 Ply 16OExtra fleavy Duo-Tires-Priced Per 77re 1 1 RMP127 Optional equipment-specify $550.00 WoodIn-1111 on Dowadl and Ramp wl)lkavy Lhily Amings.Ramps Will Not Be DeckLevel(&and Up Only). JAK300 Optional equipment-s ci 550.00 Upgrade to 2 d Landing Gear on Flarbeds Under 25.9000 G YRR JAK2001 Optional equipment-specify $260.00' Upgrade 7K Jack to 12K Jack(Spaify Top Wind or Side Wino BRK100 Optional equipment-spec* $980.00 Add Hy*auuc surge Brakes to naiter up To 14,om r,i YR Page 586 of 770 M5258T DEALER: Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Texas Trailerss and Service ServiService Service ZONE: Western Northem central Soudlern BASE PRICE. $8.290.00 $7,990.00. ,190.00 $8,390.00 TXTBWl ,Temporary"F $15.001 Temp—y Tag. TXTRANS 1 Transferis'n i tion r) 15. Ina a$42.15 Conveniemy TXNEWT 1 e (specify s ,county,city,sheriff,etc.) $175.00' 1whde, 57.45 Camvnienm Fee et ) Maintenance -specify s Maintenance Plan-specify WARRANTY Warranty-specify Incl®1 5 Year&rwtumltj°an MaferWs and Worknawho.I Year on Compononts 1 Warranty-specify Page 587 of 770 IFLORMA 6sa t�M .ATIM CCRJNTM .�..w:� �R�a ei FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES f6 X 25' DECK OVERTRAILER- i SPECIFICATION 2019 Texas ilex (Alternate i The Texas Trailer TX9525ST purchased i comes with all the standard equipment as specifiedthe manufacturer r this model a vehicle specification(s) ui ich are included and made a part of thise vehicle base prices awarded by specification by zone. Western Northern central Southern PRICE:BASE —No bid-- —No bid-- —No bid-- —No bid-- While the Floridai ssoiaio Florida Association of Counties have attempted to identify include those equipment items most often requestedparticipating cies for full size vehicles,we realizei needs vary from agency to allow a e in flexibility i our e c specific l tions is a as tailor the e v icl their particular wants or needs. The following equipment dela and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s)you wish to order through thisSimply deduct the cost of any of the following equipment items wish deletedthe base unit cost or add the cost of any equipmentitems you wish added to the ban unit cost to determinee approximate cast of the type vehicle(s )you wish to order. NOTE:An official listing f a add/delete options and theirrices should be obtained from the appropriate dealer in your zone when preparing your order.AdditionalI options listed here may be available through the dealers,however, ase listed hem must be honorede dealers in your zone at the stated prices. Page 588 of 770 VEHICLE: TX85259T(ALTERNATE DEALERS) DEALER-. ZONE: Wastem Northem Central Southern BASE PRICE: --No bid— No bid-- --No bid-- --No bid-- Order Code Deleft Options All Zones Downgrade to Tx 20'equipment,2n dovetail tandem axle tag type trailer, 12,0001 .GVWR. Downgrade to Tx 22'equipment Tdovetail tandem wde tag type trailer, 14,000 lb.GVWR Downgrade model-specify Downgrade model-specify I Downgrade el-specify Downgrade model-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete opflon-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Order Code Add Options All Zones 9'6"x 25'deck over flatbed trailer tandem axle with 20,000 I .GVVfR Gooseneck type hitch Upgrade model-spec4 Upgrade model-specify Upgrade model-spec* Upgrade model-specify 'Optional equipment-specify Optional equipment-specify Page 589 of 770 VEHICLE: TX85258T(ALTERNATE DEALERS) DEALER: • Western Northem CenftvJ Southem BASE • —No bid-- No bid No bid— No bid Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify j Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-spedfy Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Optional equipment-specify Temporary tag Transfer existing registration(must provide tag number) Now state tag(specify state,county,city,sheriff,etc.) Maintenance Plan-specify Maintenance Plan-specify Warranty-specify Warranty-specify Page 590 of 770 0 i PUBLIC WORKS DEPARTMENT' REQUEST FOR PURCHASE ORDER Date. 1111312018 ! Account No.; 501-251--s-591.64.31 � 4 t � r i P.V.�i ' ,, ' i i, 11 %- Bill Department Head AppreVai ( Cucle All ft R siv °; � R17 Ca Outlav � . y I ` Itcolacernent. ...........'., ......_. officer Bruce Rossincyces Harley Vendor: Davidson No. Contact Perm- na j&unnlv Fed ID City. State: Fax#1. 3886-671-7077 Phone 954-257-2073 ensall bkuhnly(abdW.00m F..........._ i PTION ITEM - _ 3 - . COLOR SIZE 1 S17,750-00 i1 !i a 11 $Ik/Wht S 17,750.00 S3,375.00 Each i t - - M.00 e 1 �. t e k[ C ..... _ .. f s .... r .. a Price )none Vendor NameTOTAL ., Page 591 of 770 ( 7, BRUCE I ® T "J, POLICE & FLEET sALEs 4 i . T.Kuhnly 1 William Pleet Administrator City of Boynton Beach 222 ME 0 Avenue Boynton Dear Mr. Thank you for talcing the time fim your busy scliedule to speak with me and discuss trelated topics. i r this letter as&f011Ow-uPti 1 offered f,you, review and consideration.ROSameYeT Daytona MOtorcycles.Inc, DBA Bruce Rossmayers Daytona # 1, a t - , in the Association2019 Florida Shadfls 1 -VEL26.0)for the purchase of Harley-Davidson police motorcycles. Mean accept the following 2019 FLHTP Electrai !i $17,750 paint 1 °te with silver pinstlipc 1,000 541 -10 Black HD -drilled box ir <, 500 53 19&09 65999-97C tplate ��s 6994 1-10 Red/Blue LED lights(3)(300) 125 Saddlebag72641.10 Chrmne flmges(3)(25) 900 its 75 7 Wbelen siren amplifier, microphone ®City tag i! 50 Total DayLons Harley-Davidson - 1637 North US Hwy FL 32174 Cell. 9S4.257.2073 :386.671.7077+ E-ont 't:bkuhnly@brhd.com -# }� x .. Page 592 of 770 2 I do not have a 20I 9 FLHTP Elechat Glide two-tone black and white with silver pinsuipe in color for immediate delivery should you accept this proposal.Harley-Davidson Motor Company currently has a 60-90 day window for dellvm7.A simple letter of intent that is neWed to go forward. Tf you need any further information please&d fte to contact me at any time. Thanking you in advance, B4T Kuhnly Manager,Police and Fleat Sales Brace Rossmeyer Harley-Davidson 1637 North US Hi&way I Onnond Beach,FL 32174 Phone:9S4-257-2073 Emil:bkuhnly(ftffid.com Page 593 of 770 FSA18-VEL26.01 Competitivei 1 of 6 Register for the 2019 WinterSheriffs Conference (https://www.fisheriffs.org/law-enforcement-programs/conferences). (https://www.facebook.com/floridesheriffsassociation6 FLORIDASHERIFFS ASSOCIATION (https://www.fisheriffs.org6 Become a Member( :/1 r i . l ri r / - r i - I About Sheriffs Programs Publications Join Today(https://membemhip.fisheriffs.org/2017-Membership-LP.htmi) Renew Membership ( :I/ i ri - r i - . I PURCHASING Back i Purchasing ( s:// ri r /I - of rc - r r c r iV - urc sin - r r https://www.flsheriffs.org/law-enforcement-prograrna/purchasing2Ol / lic - - ,®® P of 770 FSA18-VEL26.01 Competitive Purchasing Program Page 2 of 6 FSA I 8-VEL26.0 POLICE RATED, ADM IN IVE, UTILITY VEHICLES, TRUCKS AND VANS 2018-20 19 Effective October 1, 2018— September 30,2019 The Florida Sheriffs Association offers statewide purchasing contracts on a variety of vehicles, equipment, and services that are available to all eligible* agencies since 1993. While most agencies purchasing from our contracts are within the state of Florida, eligible* agencies from other states have used the contracts if it governing purchases ordinance allows. For details of the products available, review the category you are seeking to purchase. Simply select the drop-down arrow and locate the vehicle of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents FLO R1 DA SNERIFFS ASSOMITION 'Per F MIN xE ORDERING INSTRUCTIONS (HTTPS://S3.AMAZONAWS.COM/FSA- CPP-2018-2019/ORDERING-INSTRUCTIONS-VO9-25-18.PDF) VENDOR DIRECTORY (/UPLOADS/DOCS/26.0—AWARDED—VENDOR—DIRECTORY-101818.PDF) https-//www.fisheriffs.org/law-enforcement-programs/purchasing20l8/Police-mted-adminL.. PjW&Mj of 770 EL CKXJNIM AfiAbmt FLORIDA SHERIFFS ASSOCIATION Name of Dealership Type of Vehicle Zone Base it Price HARLEYAJY112SQN J! L MQIQRUCLE i5limificafign#LU Alligator Alley Harley Davidson 2019 HarleyDavidson ) *Western 1 0 .00 Bruce a Daytona 2019 Harley Davidson ) Western $17,000.00 Harley-DavidsonAlligator Alley Harley Davidson 2019 HarleyDavidson ) 15, .00 Bruce Rossmeyees Daytona 2019 Harley Davidson ) Northern $17,000.00 Harley-Davidson A - Ili r Alley HarleyDavidson 2019 Harley Davidson Road King(FLHP) $15,800.00 Bruce s s Daytona 2019 HarleyDavidsoni ) $17,000.00 Harley-Davidson Alligator Alley HarleyDavidson 2019 HarleyDavidson (FLHP) 16,000.0 ALT-Bruce Rossmeyer's Daytona 1 - ' son 1 1 Davidson ( ) $17,000-00 Alligator Alley ley Davidson (201 )1 Davidson 1 Glidewestern $17,500.00 Bruce s s Daytona 2019 HarleyDavidson Electra Glide Western17,75 . 0 Harley-Davidson ( L ) Alligator Alley HarleyDavidson 1 )1ey Davidsonl lie Northern $17,250.00 Bruce s a 2019 HarleyDavidson Electra Glide 00 Harley-Davidson ( ) Northern17,750. Alligator Alley HarleyDavidson 201 )lDavidson Elects Glidecentrul $17,250.00 ALT-Bruce Rossmeyees Daytona 2019 1 Davidson Electra Glide Central $17,750.00 Haley-Davidson ) Alligator Alloy HarleyDavidson (F 1 )1 Davidson Electra GlideSouthern $17,500.00 Bruce s Daytona 2019 Harley Davidsonlc lieSouthern $17,750.00 Harley-Davidson ( ) Page 596 of 770 IVC I 'h A. CCETNTEES FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES EUatLEY-DAVIDSON POLICE MOTORCYCLE SPECIFICATION #11 2019 Harley R t Davidsonis ) DavidsonThe Harley 1 lie )purchased through this contract comes with all the standard equipmentspecified the manufacturer for this model and FSA's base vehicle specification(s) i ich are includede a part of this contract's vehicle a price as awarded by specification n . Western central Southern BASE PRICE: $17,500.00 $17,250.0017,25 . S17,500.00 While a Florida SheriffsAssociation Florida ssoci i of Counties have attempted to identify ' clue those equipment items most often requested by participatingcis fbr full size vehicles,we realize equipment needs and preferences are going agency.vary from agency to In an effbit to incorporate flexibilityour program,we havecreated specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following i delete and add options and their related costvie is you in approximating e 1 cost of the type vehicle(s)you wish to order through this pmgram.Simply deduct the cost of any of the following equipment items you wish deleted fimn the base unit cost or add the cost of any equipment items you wish addede unit cost to determine approximate cost of the type vehicle (s)you wish to order. An official listing ll add/delete options and theirs should obtained ri dealer in your e when preparing your order.Additional / el a options other than.those listed here maybe available through the dealers,however,those listed hem must be honored by the dealersin your zone at the stated prices. Page 597 of 770 • Electra Glide(FLHT?) ® Alligator Alley Harley Alligator Alley Harley Alligator Alley Harley Affigator Alley Harley Davidson Davidson Davidson Davidson ZONE: Western Northern central Southern BASE • $17.500.00 $17,250.00 $17,250.00 $17JO0.00 Order Code Add Options All Zones 53196-09 1 1 Adapter plate for mounting Tour Pak $115.00 65989-97D Auxiliary baftery $130.0011 54178-10 1 Black Tour Pak vdthout holes $950.00' 69940-10 1 Blue LED light for Tour Pak $250.00'1 54190-10 j Black pre-drilled Tour Pak for LEDs $1,400.00 1 72641-10 Cbrorne trim ring for LED light $20.00 1 69251-04 Engine guard pursuit lamps one red and one blue $800.001 69250-04 Pursuit Lamps one red and one blue $700.00 1 69916-10 Red LED light for Tour Pak $250.00 1 69941-10 Red/Blue split LED light for Tour Pak $250.001 90200561 Saddlebag guard rails $300.00' Solid for paint(other than birch white or vivid black) $500.001 Two-Tone paint $900.00 - 69000057 Wholen electric siren,amplifier and microphone $1,200.00'1 54179-10 White pro-drilled Tour Pak fbr LEDs $1,300.00'. 54177-101 White Tour Pak without holes $900.0011 Ternziormy tag Transfer existing registration(must provide tag number) Now state tag(specify state,county,city,sheriff,etc.) Page 598 of 770 os FLORIDA SHERIFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES HARLEY-DAVIDSON POLICE MOTORCYCLE SPECIFICATION 11 Davidson2019 Harley lie ) (Alternate ler ) HarleyThe avidson Electra Glide )purchased through this contract comes with all the standard equipmentas specified the manufacturer for this model and FSA's base vehicle specification(s)requirements whichincluded and made a part of this contract's vehicle as awarded by specification by zone. western Northern central Southern BASE PRICE: 17,75 . 0 $17,750-00 $17,750.00 $17,750.00 While the Floridao f ion and FloridaAssociation of Countieshave attempted to identify and inclue those equipment items mostoften requestedparticipating nci or full size vehicles,we realize equipmentegoing to vary agency incorporate flexibilityto our program,we have created specific add/delete options which allow as `l r the vehicle to their particular wants or needs. The following equipment l e and add optionstheir related cost am provided here to assistyou in approximating1 cost of the type vehicle(s )you wish to order through thisSimply e cost of any of the following equipmentitems you deletedwish the base unit / a cost of any equipment items you wish added to the base unitsdetermine the approximate cost of the type vehicle(s)you wish to order. NOTE:An official listing of all add/delete options it prices should be obtained a appropriate dealer in your zone when preparing your order.Additional add/delete options other than thoselisted here may be available through the dealers,however,those listed here must be honored by the dealersin youre stated prices. Page 599 of 770 VEMCLE: Electra Glide(FLHTP)(ALTERNATE DEALERS) DEALER: Bruce Rossmayces Bruce Rossmeyees Bruce Rossmeyer's Bruce Rossmeyees Daytona Harley-Davidson Daytona Harley-Davidson Daytona Harley-DrAdson Daytona Harley-Davidson ZONE: Western Northern Central Southern BASE PRICE: $17.750.00 $17,750.00 $17,750.00 $17,750.00 Order Code Add Options All Zones 53196-09 1 Adapter plate for mounting Tour Pak $125.00' 65999-97D Auxiliary battery $175.00 11 54178-10 'Black Tour Pak without holes $1,000.001 69940-10 Blue LED light for Tour Pak $300.00' 54180-10 Black pre-drilled Tour Pak for LEDs $1,500.00' 72641-10 1 r LED light $25.00 69251-04 Engine guard pursuit lamps one red and one blue $950.00 69250-04 Pursuit Lamps one red and one blue $750.00'1 69916-10 Red LED light for Tour Pak $300.00' 69941-10 Red/Blue split LED light for Tour Pak $300.00 1 90200561 Saddlebag guard mUs $350.001 Solid for in (other than birch white or vivid black) $750.00 Two-Tone • $1,000.00 69000057 Whelen electric siren,amplifier and microphone $1,300.001 54179-10 White pre-drilled Tour Pak for LEDs $1,500.00 1 54177-10 White To Pak without holes $1,000.00111 Tempomry tag $25.00 Transfer existing registration(must provide tag number) $135.00 d Now state tag(specify state,county,city,sheriff,etc.) $150.00 Page 600 of 770 PUBLIC WORKS DEPARTMENT REQUEST FOR PURCHASE ORDER Date: 12/06/2018 Account No.: 501-2515-591.64-31 P.O.#: Sourcewellcontract 'uestedB�: 1Bill Dartv Just, Department Head Approval: Circle 1 dat Arx1i RF J C Fled Division ChViuged: Rq)lacement Other: Public or Parks 70 wMarl Vendor: Altec LNo. Contact Person: Jenn-,, Carlson/Mark Jan-ell Address: e Fed ED#: -1��----------- t&t Fax Phone: 919-323-6804 emaH Mark.Janvll@gnisfi.com QTY PRICE UNIT DESCRIPTION ITEM# ................. COLOR SIZE TOTAL 1 $139,091 Each Altec 60' boom height Blue/Blk/ $139,091. (LR756-US60) Orji ".—'7 1 $19,664.4o Each �-)ptions per ote Per quote $19,6M.40 rice ' o Vendor Name TOTAL Page 601 of 770 Opporlunky Number 895233 -� Quotation Number 466712 Alloc . In Sol 12 Date. 11130=18 Quoted for:City of Boynton Beach(FL) customert: ! gmell, Quoted .Mark demil 1 I:Modt.Jarrellegmall.carn Altec Account Manager. Jenny Godson tl.k T MDE 7 arty t ag.�i ._ ....... . ........ I �m: ( Un€� I 1 t#t766-U69D f e0'Boom lie M LR7h ) L—A.. fAt.= BOURCEWELL OPTKM ON CONTRACT :�anornl, �..... j. Cts Cab Guard $2 858 2 SPOTS FOUR 4•POINT STROBE SYSTEM I€,F-,V : 1 ELECTRIC TRAILER SWE CONTROLLER.Controls Tnidlers with Eleouto TRE _. �a_... Mur _.. _u ti .. ad ..........� T-`! G _..... w .. ....,............ ....,�. � �....v� DOURCEWELL.OP11IONS TOTAL: $145,227 -11 UNIT 2 UNIT 8 i•. RAI I. ACC �� 8 T-Box and FlaWackW/Th oustombixey : for l el 1.... tT. 72 4 BODY A CFIASSI,N Cone holder on il°crrt of chassis 71�m a ELEC o RIS I`L I LAD Treft advisor 15 A I I 7 r� $l13 _ IZd20 Fre htllnsr W'-i Cummina W€_7 W A-Illaon 35M Auto Custom color x .OTHER I .... v ... sr _.. OPEN MARKET a F,11 i SIGNS TOTAL . °L11 ry978 FOR I Yt E : $167,M PoNveryta Customer 1® TOTAL FOR UNITR300YICHASSM. $1118,756 DL1MQN j jj'w��S i 4 ilia$f 3( tlC"tt�I "It�v .?.�. 1 2 e A. 41- `"Pricing valid for 45 daye, Am LWhile to matchls,uniess othwWhe specified Standard c Warranty for Aeflole and Derricks-Ore(1)year parts warranty One(1)year labor warranty Ninety (0%daya warranty for travel aha (Moble )Limited Ufstlms ebuctural .Chansis to include standard , r the To order.please contact the Abe Acocunt Manager listed sown. ® r Abe Commercial Standard Jr__m__ s ARO.POS Cudomer Location JgM Not 30 days Allac bossis the folloyAngsl 130 Grip Controls for Lifetime Warranty an I Components In Industry,Largest Servies Network In I ( ),Allso SENTRY Training,V4WCD Baud Ic i r.In-SerAcs Training withOrder. Equipment trades must be received In operational conditiona Initial Inspection)and DOT compliant at the time 1 t in customer b repairs. BUILD LOW Ir.NC Sourcowell 712 Page 602 of 770 Prepared fo QUOTE Prepared ALTEC I U® I I Shane Hall CREEDMOOR1 -1 LR7-60 Peach StM Fralghtliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOK C 27M Jefillown,GA 30549 Phone:910-784-4009 h proposal for ALTEC INDUSTRIES CITY OF BOYNTON BEACH Prepared by Peach State Freighdiner Shane Hall Dec 04, 2018 2020 Freightliner 106 4X2 @ 33,000 GVWR LCD BACK OF CAB TO REAR SUSP CA(CA): 14105 In CALCULATED EFFEcnvE aAcK OF CAB TO REAR SUSPENSION (CA): 145.05 in y w_M1 Components not reflectII spedd options and are not to scale Dft Venilon PRL-18M.031 12/0412018 2:16 P K1 -1 L7 0 Page 3 of 21 Page 603 of 770 Prepared r QUOTE i : ALTEC INDUSTRIES Shone Hall CREEDMOOR BOYN33K19-18MLR7-60 Peact Stfflm Frelghtliner 1660 AERIAL AVENUE 1755 Dry Pond C 27522 Jeffemon,GA 30549 1 - 0Phone: SP I FICATION Weight welobt Front Price Level PRL-18M M2 L-1 SM( : 1711 ) Data Version L 1 SPECPRO21 DATA RELEASE1 Vehicle Configuration 001-172 M2 108 CONVENTIONAL CHASSIS 5,759 3,503 OD4-220 2020 MODEL YEAR SPECIFIED 002-004 SET BACK AXLE TRUCK 012-002 STRAIGHT TRUCK VI I 01 LH PRIMARY STEERING LOCATION General 1 TRUCK CONFIGURATION 1 DOMICILED,USA 50 STATES(INCLUDING CALIFORNIAAND CARB OFT-IN STATES) A85-010 UTILITYIREPAIPJMAINTIENANCE SERVICE A84-IUT UTILITY I T 11 FIXED LOAD COMMODITY TERRAIN/DUTY:10 (ALL)OF THE TIME.I TRANSIT,IS SPENT ON PAVED ROADS ABI-008 I UEXPECTED GRADE 1 SMOOTH CN T LT PAVEMENT- MOST SEVERE IN-TRANSIT( ITS) ROAD SURFACE 1 MEDIUM TRUCK A66-99D EXPECTED FRONT AXLE(S)LOAD: 12000.0 The DRIVEA88-99D EXPECTED REAR ( )LO 21000.0 l A63-BOD EXPECTED GROSSVEHICLE WEIGHT CAPACrrY :33000.0 The Truck Service UTILITY Date Version PRL-18M.031 1 1 2:18 PM BOYN33KIO-16MLR7-60 Page 4 of 21 Page 604 of 770 Prepared for: QUOTE ID Prepared by: ALTEC INDUSTRIES Shane li CREEDMOOR BOYN33K19-18M LR7-60 Peach Stew Frelghfliner 1560 AERIAL AVENUE 1765 Dry Pond Road CREEDMOOR,NC 27522 Jefferson,GA 30549 Phone:919-764-4009 Phona:7053878998 Weight Weight Daft Code Description Front Rear ABS-09D EXPECTED TRUCK BODY LENGTH: 1.0 ft AE249D EXPECTED TRUCK BODY WIDTH: 96.0 In A89-09D BRAKING-EXPECTED CAB TO BODY CLEARANCE: 3.0 In AF3-1EN ALTEC AF7-99D EXPECTED BODYIPAYLOAD CG HEIGHT ABOVE FRAME')W INCHES: 32.0 In Engine 101-21V CUM B6.7 260 HP C 2400 RPM,2800 GOV,NO LB/FT Q 1600 RPM Electronic Parameters 70A-072 72 MPH ROAD SPEED LIMIT 7OB-000 CRUISE CONTROL SPEED Limrr SAME AS RO�D SPEED LIMIT 7OK-005 PTO MODE ENGINE RPM LIMIT-ODD RPM 7 PTO MODE BRAKE OVERRIDE-SERVICE BRAKE APPLIED 7OP-002 PTO RPM WITH CRUISE SET SWITCH-700 RPM 79Q-003 PTO RPM WITH CRUISE RESUME SWITCH-800 RPM 79S-001 PTO MODE CANCEL VEHICLE SPEED- 7 07 7OU-007 PTO GOVERNOR RAMP RATE-250 RPM PER SECOND 80G-= PTO MINIMUM RPM-700 8W-W2 REGEN INHIBIT SPEED THRESHOLD-5 MPH Engine Equipment OOC-017 2016 ONBOARD DIAGNOSTICS/2010 EPACARB/FiNAL GHG1 7 CONFIGURATION 9OD-000 2D08 CARS EMISSION CERTIFICATION-CLEAN IDLE(INCLUDES 6X4 INCH LABEL ON LEFT SIDE OF HOOD) 113E-0011 STANDARD OIL PAN 1105401 ENGINE MOUNTED OIL CHECK AND FILL 133-004 ONE PIECE VALVE COVER 014DOO SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER 1241 D7 DR 12V 180 AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 202-205 (2)DTNA GENUINE,FLOODED STARTING,MIN 19DOCCA,35ORC.THREADED STUD BATTERIES Data Version PRL-18M.0311 12104/2018 2:16 PM BOYN33K19-18M LR7-aO Page 5 of 21 Page 605 of 770 Prepared for, QUOTE ID Prepared by: ALTEC INDUSTRIES Shone Hall CREEDMOOR BOYN33KIO-18M L -60 Peach State Freightliner 1550 AERIAL AVENUE 1756 Dry Pond Road CREEDMOOR,NC 27522 Jeffmon,GA 30540 Phone:919-764-40DO Phone:7063678998 Weight weight Date Code Description Front Rear ................... .................. 20D-017 BATTERY BOX FRAME MOUNTED 261-OD5 STANDARD BATTERY JUMPERS WITH 210 CAB TO RAIL GROUND CABLE 292-001 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN 280-001 NON-POLISHED BATTERY BOX COVER 87P-098 NO CAB AUXILIARY POWER WIRING 107-032 CUMMINS TU CA 16.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE 108-002 STANDARD MECHANICAL AIR COMPRESSOR GOVERNOR 131-013 AIR COMPRESSOR DISCHARGE LINE 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM 016-IC3 RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH HORIZONTAL TAI LPIPE 28F-002 ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 239-001 STANDARD EXHAUST SYSTEM LENGTH 237-052 RH STANDARD HORIZONTAL TAILPIPE 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK 30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP 273-MB AIR POWERED ONIOFF ENGINE FAN CLUTCH 270-M1 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH,NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER 118-001 FULL FLOW OIL FILTER 28"78 950 SQUARE INCH ALUMINUM RADIATOR 50 103-039 ANTIFREEZE TO-34F.OAT(NITRITE AND SILICATE FREE)EXTENDED LIFE COOLANT 171-W7 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT Date Version PRL-18M.031 1210412018 2:1 PM BOYN331(1 9-1 SM LR7-80 Pop 6 of 21 Page 606 of 770 Prepared for: QUOTE ID Prepared by; TEC INDUSTRIES Shan@ Hall CREEDMOOR BOYN33K19-18M LR7-60 Peach SUM Frelghlillner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27522 Jefferson,GA 30549 Phone:919-764-4009 Phone:7003878999 Weight Weight Date Code Description Front Rear 172-M CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES 270-016 RADIATOR DRAIN VALVE log-= LOWER RADIATOR"RD 138-010 PHI LLIPS-TEMRO 750 WATT/1 15 VOLT BLOCK 4 HEATER 140-M BLACK PLASTIC ENGINE HEATER RECEPTACLE MOUNTED UNDER LH DOOR 134-W1 ALUMINUM FLYWHEEL HOUSING 132-OD4 ELECTRIC GRID AIR INTAKE WARMER 155-057 DELCO 12V 29MT STARTER WrrH INTEGRATED MAGNETIC SWITCH Tmnsmission 342-M4 ALLISON 3500 RDS AUTOMATIC TRANSMISSION 200 00 WrrH PTO PROVISION Tmnamission Equipment 343-339 ALLISON VOCATIONAL PACKAGE AVAILABLE ON 30OW4000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS,HS.MH AND TRV 84B-012 ALLISON VOCATIONAL RATING FOR ONIOFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 84C-022 PRIMARY MODE GEARS,LOWEST GEAR 1, START GEAR 1,HIGHEST GEAR 6,AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 8413-022 SECONDARY MODE GEARS,LOWEST GEAR 1, START GEAR 1,HIGHEST GEAR 5,AVAILABLE FOR 30OD/4000 PRODUCT FAMILIES ONLY 84E-013 S1 PREFORMANCE PRIMARY SHIFT SCHEDULE, AVAILABLE FOR 3000/40DO PRODUCT FAMILIES ONLY 84F-012 S1 PERFORMANCE SECONDARY SHIFT SCHEDULE,AVAILABLE FOR 30D014000 PRODUCT FAMILIES ONLY 84G-017 2500 RPM PRIMARY MODE SHIFT SPEED 8414-017 2500 RPM SECONDARY MODE SHIFT SPEED 8"-= ENGINE BRAKE RANGE PRESELECT RECOMMENDED BY DTNA AND ALLISON.THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84K-000 ENGINE BRAKE RANGE ALTERNATE PRESELECT RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE Data Version PRL-1 8M.031 1 S 2:16 PM BOYN33KI 9-1 SM LR7-a0 Page 7 of 21 Page 607 of 770 Prepared for: QUOTE ID Pralmrad by: AL TEC INDUSTRIES Shone Hall CREEDMOOR 130YN33KIO-18M LR7-60 Peach Stain Freighdiner 1550 AERLAL AVENUE 1755 Diy Pond Road CREEDMOOR.NO 27522 Jeftmon,GA 30640 Phone:919-704-4000 Phone:70530789M Weight Weight Deb Code Description Front Rear ........................ ....... 10 DISABLE-LOAD BASED SHIFT SCHEDULE, DISABLE-VEHICLE ACCELERATION CONTROL 84N-OW NEUTRAL AT STOP-DISABLED,FLIELSENSE- I L ISABL 84U-M DRIVER SWITCH INPUT-DEFAULT-NO SWITCHES 34C-001 ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR FIREWALL MOUNTED 362-IYO (2)CUSTOMER INSTALLED CHELSEA 277 SERIES PTO'S 363-011 PTO MOUNTING,LH AND RH SIDES OF MAIN TRANSMISSION 341-018 MAGNETIC PLUGS,ENGINE DRAIN, TRANSMISSION DRAIN,AXLE(S)FILL AND DRAIN 34&W3 PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED 07G-004 TRANSMISSION PROGNOSTICS-ENABLED 2013 370-016 WATER TO OIL TRANSMISSION COOLER,IN RADIATOR END TANK 34a-013 TRANSMISSION OIL CHECK AND FILL WITH CROSSOVER TO CLEAR LH PTO AND DIRECT MOUNTPUMP 35T-001 SYNTHETICT ISI SFLUID(TES-205 COMPLIANT) Front Axle and Equipment 400-IAO DETROIT DA-F-12.0-3 12,000#FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE 402-049 MERITOR 16.MM Q+CAST SPIDER CAM FRONT BRAKES.DOUBLE ANCHOR,FABRICATED SHOES 4034)02 NON-ASBESTOS FRONT BRAKE LINING 41M3 CON MET CAST IRON FRONT BRAKE DRUMS 409-000 FRONT OIL SEALS 408-001 TDF HUB CAPS WITH WINDOW. CENTER AND SIDE PLUGS-OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES 405-002 MERITOR AUTOMATIC FRONT SLACK ADJUSTERS 536-050 TRW THP-60 POWER STEERING 539-003 POWER STEERING PUMP 634-015 2 QUART SEE THROUGH POWER STEERING RESERVOIR DaW Version PRL-18M.031 1 B 2:10 PM BOYN33K19-18M 1-117-60 Page 0 of 21 Page 608 of 770 Prepared r: AL INDUSTRIES QUOTEIPreShane II CREEDMOOR BOYN33KI9-18M0 Peach State Frelghtliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27522 Jefferson,GA 30549 Phone:919-704-4000 WeightI Daft Code Deacription Front Rear SYNTHETIC 75W-00 FRONT AXLE LUSE Front Suspension 1 D8 13,300#TAPERLEAF FRONT SUSPENSION 75 19-wa MAINTENANCE FREE RUBBER BUSI FRONT SUSPENSION 7 355MM FRONT SUSPENSIONL HEIGHT 410-001 FRONT SHOCK ABSORBERS Rear Axle and Equipment 420-000 RS-21-160 21,0000 R-SERIES SINGLE REAR 180 AXLE 421 5.63 REAR AXLETI 424-001 IRON REAR AXLE CARRIERWITH STANDARD AXLE HOUSING 38"73 MXL ITT MERITORLUSE MAIN 20 20 DRIVELINE WITH HALF ROUND YOKES 01 DRIVER CONTROLLEDTI 20 DIFFERENTIAL-SINGLE REAR AXLE 678-018 (1)DRIVER CONTROLLED I IAL LOCK REAR VALVE FOR SINGLEDRIVE AXLE 7 BLINKING ITC , DIFFERENTIAL UNLOCK WITH IGNITION F, ACTIVE<5 MPH 423-020 MERITOR 1 +CAST SPIDER DOUBLE ,FABRICATED SHOES 433-002 NON-ASBESTOS REAR BRAKE LINING 11 BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLE(S) 1 IRON REAR BRAKE DRUMS 440-006 REAR IL SEALS 425-100 WABCO TRISTOP D LONGSTROKE.I-DRIVE SPRINGAXLE PARKING 428-ON MERITOR TIC REAR SLACK ADJUSTERS 1T-002 SYNTHETIC76W-90 LUBE Rear Suspension -i MJ 23,OW#52 ICH VARIABLE TMULTI-LEAF 110 SPRING REAR SUSPENSION H LEAF SPRINGHELPER 21-OD2 SPRING SUSPENSION-I.OWAXLE SPACER 1-001 STANDARD AXLE SEATSIN AXLE CLAMP GROUP Data Version PRL-18M.031 12/04/2018 :1 K1 1 LR7-80 Page 9 of 1 Page 609 of 770 Prqnred fbr: QUOTE ID Prepered br. ALTEC INDUSTRIES Shone Hall CREEDMOOR BOYN33KIO-18M LR7-60 Peach Stste Frelghtfiner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27522 Jeftmon,GA 30649 Phone:919-764-4009 Phone-7063678906 Weight Weight Data Code Description Front Rear Bmks System z01 6-M AIR BRAKE PACKAGE 1;0-100 WABCO 4S14M ABS $71-001 REINFORCED NYLON,FABRIC BRAJD AND WIRE IDC IS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE 412-001 STANDARD BRAKE SYSTEM VALVES 4613-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S.FRONT BRAKE VALVE 4a2-OD3 RELAY VALVE WITH 5-8 PIC PRESSURE, NO REAR PROPORTIONING VALVE 480-M RW ACj-1aS1,0 RAKE LJNF MR DRYER M 11-1 HkAJI�R 470-012 AIR DRYER MOUNTED UNDER HOOD 460-M STEEL AJR BRAKE RESERVOIRS,NO TRIPLE OR TORPEDO TANKS 807-M CLEAR FRAME RAILS FROM BACK OF CAB TO FRONT REAR SUSPENSION BRACKET,BOTH RAILS OUTBOARD 477-W4 PULL CABLES ON ALL AIR RESERVOIR(S) Trafiler Connections 3364)D4 UPGRADED CHASSIS MULTIPLEXING UNIT 32A-002 UPGRADED BULKHEAD MULTIPLEXING UNIT Wheelbase&Frame 545-542 5425MM(2141 C )WHEELBASE 546-101 11/a2X3-1/2X10-1&16 INCH STEEL FRAME 220 130 (8.73MMX277.6MM/0.3"X10.94 INCH)12 I 552-M3 2550MM(100 INCH)REAR FRAME OVERHANG SBW-009 FRAME OVERHANG RANGE:91 INCH TO 100 -40 180 INCH ACB-99D CALVD BACK OF CAB TO REAR SUSP CIL(CA): 146.05 In AES-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION CIL(CA): 145.05 In AE4-99D CALC!D FRAME LENGTH-OVERALL: 343.39 AM6-99D CALVD SPACE AVAILABLE FOR DECKPLATE: 148.45 In FSS-0LH CALCULATED FRAME SPACE LH SIDE: 112.49 In Data Version PRL-18M.031 12/0412018 2:16 PM BOYN33KID-18M LR7-60 Page 10 of 21 Page 610 of 770 Prepamd fw. QUOTE ID Prepared by: ALTEC INDUSTRIES Shane Hall CREEDMOOR BOYN33K19-18M LR7-60 Peach State Frelghtliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR.NC 27522 Jefferson.GA 30549 Phone:019-764-40DO Phone:706367808 Weight Weight Data Code Description Front Rear ............... ............ FSS-ORH CALCULATED FRAME SPACE RH SIDE: 217.54 In 553-001 SQUARE END OF FRAME 550-001 FRONT CLOSING CROSSMEMBER 5511-001 STANDARD WEIGHT ENGINE CROSSMEMBER 561-010 CROSSMEMBER FLUSH WITH BACK OF CAB 15 5112-001 STANDARD MIDSHIP 01 CROSSMEMBER(S) 572-003 STANDARD REARMOST CROSSMEMBER WITH DOUBLE STANDARD CROSSMEMBER SPACING 555-001 STANDARD SUSPENSION CROSSMEMBER Chassis Equipment 556-IAP THREE-PIECE 14 INCH PAINTED STEEL 30 BUMPER WITH COLLAPSIBLE ENDS 658-001 FRONT TOW HOOKS-FRAME MOUNTED is 574-M1 BUMPER MOUNTING FOR SINGLE LICENSE PLATE 560-024 FENDER AND FRONT OF HOOD MOUNTED FRONT MUDFLAPS 551-017 GRADE 8 THREADED HEX HEADED FRAME FASTENERS INSTALLED WITH LTH ON OUTSIDE OFF 605-103 CENTER PUNCH TO MARK CENTERLINE OF REAR SUSPENSION ON TPF OF FRAME Fue[Tanks 204215 50 GALLON/189 LITER SHORT RECTANGULAR 20 ALUMINUM FUEL TANK-L 218-005 RECTANGULAR FUEL TANK(S) 215-005 PLAIN ALUMINUM/PAINTED STEEL FUEUHYDRAU LIC TANK(S)WITH PAINTED BANDS 212-063 FUEL TANK(S)FORWARD;%5A4MM FUEL TANK BRACKET ELEVATION MOUNTING 664-001 PLAIN STEP FINISH 205-001 FUEL TANK CAP(S) 122-IJI DETROIT FUELIWATER SEPARATOR WITH -6 WATER IN FUEL SENSOR,HAND PRIMER AND 12 VOLT PREHEATER" 216-= EQUIFLO INBOARD FUEL SYSTEM 202-016 HIGH TEMPERATURE REINFORCED NYLON FUEL LINE Tires Data Von PRL-18M.031 1210412018 2:16 PM BOYN33K19-18M LR7-60 Page 77 of 21 Page 611 of 770 Prepared f6r: QUOTE ID Prepared by. ALTEC INDUSTRIES Shone Hall CREEDMOOR BOYN33K19-18M LR7-60 Peach Stme Frelolifliner 1550AERLAL AVENUE 1755 Dry Pond Road CREEDMOOR.MC 27522 Jefferem,GA 30549 Phone:910-764-4009 Phona:7003578008 Weight Weight Dab Code DescAption Front Rear -1 G4 MICHELIN XZE2 11 R22.5 14 PLY RADIAL FRONT 12 TIRES 094-IUX MICHELIN X MULTI D 11 22.514 PLY RADIAL REARTIRES Hubs 418-060 CONMET PRESET PLUS PREMIUM IRON FRONT HUBS 450-00 CONIMET PRESET PLUS PREMIUM IRON REAR HUBS Wheels 5=-857 ACCURIDE 51408 ACCU-LITE 22.WM.26 1 D-HUB PILOT 8.16 INSET 24iAND STEEL DISC FRONT WHEELS 505467 ACCURI 51406 ACCLI-LITE 22.5XB.25 1 D-HUB PILOT 2-HAND STEEL DISC REAR WHEELS 40MI I FRONT WHEEL MOUNTING NUTS 497-011 REAR WHEEL MOUNTING NUTS Cob Mderlor 829-071 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 050-009 RUBBER CAB MOUNTS 678-M NO GRAB HANDLES 046-045 MOLD,4N COLOR GRILLE 6SX-01 I MOLN COLOR HOOD MOUNTED AIR INTAKE GRILLE 844-OD4 FIBERGLASS HOOD 726-002 DUAL EL.ECTRIC HORNS 857-001 DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME 575-001 REAR LICENSEP T D OF FRAME 312-043 INTEGRAL HEADLIGHT/MARKER ASSEMBLY 302-001 (5)AMBER MARKER LIGHTS 29"01 INTEGRAL STOPITUP LIGHTS 300-015 STANDARD FRONT TURN SIGNAL LAMPS 744-ISH DUAL WEST COAST MOLDED-IN COLOR MIRRORS 797-001 DOOR MOUNTED MIRRORS 795-001 102 INCH EQUIPMENT WIDTH 743-IAP LH AND RH 8 INCH MOLN COLOR CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS Data Version PRL-18M.031 12A)412018 2:16 PM BOYN33KID-16M LR7-60 Pap 12 of 21 Page 612 of 770 Prepared thr. QUOTE ID Prepared by: TCI NDUSTRIES Shone Hall CREEDMOOR BOYN33K19-18M LR7-60 Peach State Fralghtliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27522 Jefferson,GA 30549 Phone:919-704-40DO Phone:70ON769M Weight Weight DPW Code Description Front Rear 729-001 STANDARD SIDEIREAR REFLECTORS 768-043 63X14 INCH TINTED REAR WINDOW 061-0D3 TINTED DOOR GLASS LH AND RH WITH TINTED NON-OPERATING WING WINDOWS 054-027 RH AND LH ELECTRIC POWERED WINDOWS, 4 PASSENGER SWITCHES ON DOOR(S) 003-013 TINTED WINDSHIELD 059-020 2 GALLON WINDSHIELD WASHER RESERVOIR WITH FLUID LEVEL INDICATOR,FRAME MOUNTED Cob Interior 707-IAK OPAL GRAY VINYL INTERIOR 706-013 MOLDED PLASTIC DOOR PANEL 700-013 MOLDED PLASTIC DOOR PANEL 772-006 BLACK MATS WITH SINGLE INSULATION 765-OD4 DASH MOUNTED ASH TRAY(S)WITHOUT LIGHTER Sol-Dog FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING 894-010 IN DASH STORAGE BIN 742-007 (2)CUP HOLDERS LH AND RH DASH 080-006 CALF T DASH 700-002 HEATER,DEFROSTER AND AIR CONDITIONER 701-001 STANDARD HVAC DUCTING 703-0DS MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH 170-015 STANDARD HEATER PLUMBING 130-033 DENSO HEAVY DUTY AIR CONDITIONER COMPRESSOR 702-002 BINARY CONTROL.R-1 34A 739-033 STANDARD INSULATION 28&013 SOLID-STATE CIRCUIT PROTECTION AND FUSES 26D-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM 324011 DOME DOOR ACTIVATED LH AND RH,DUAL READING LIGHTS,FORWARD CAB ROOF 055-OD5 LH AND RH ELECTRIC DOOR LOCKS 284-045 (2)12 VOLT POWER RECEPTACLES MOUNTED IN DASH Date Version L-1 .031 1210a018 2:16 PM K1 -1 LR7-60 Page 13 of 21 Page 613 of 770 Prepared for: QUOTE ID Prepared by: TCI U T I e Hall CREEDMOOR BOYN33K19-18M LR7-60 Peach Stale Freightliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR.NC 27522 Jeftmon,GA 30549 Phone:91 9-764-4DDD Phons.7063078998 Weight Weight Data Code Description Front Rear ---................. 7I3 BASIC HIGH BACK AIR SUSPENSION DRIVER 30 SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 760-IED 2 MAN TOOL BOX MID BACK NON SUP FRONT PASSENGER SEAT WITH 3.(rX 4.751 CUT OUT IN TOOL BOX BACK PANEL FOR HARNESS 7114)04 LH AND RHIT L DOOR PANEL ARMRESTS 758-036 VINYL WITH VINYL INSERT DRIVERSEAT 7014)W VINYL WITH VINYL INSERT PASSENGER SEAT 703-101 BLACK SEAT BELTS 532-001 FIXED STEERING COLUMN 540-015 4-SPOKE 18 INCH(450MM)STEERING WHEEL 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments&Controls 732-004 GRAY DRIVER INSTRUMENT PANEL 734-004 GRAY CENTER INSTRUMENTP L 87L-003 ENGINE REMOTE INTERFACE WITH PARK BRAKE AND NEUTRAL INTERLOCKS 87G.001 BLACK GAUGE BEZELS 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-002 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES 198-025 INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS 14M13 ELECTRONICC I TROL WITH SWITCHES IN LH SWITCH PANEL 150-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION;4 POSITION OFF/RUN/STARTIACCESSORY 811-042 ICU 38,132X48 DISPLAY WITH DIAGNOSTICS,28 LED WARNING LAMPS AND DATA LINKED 100-038 HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 148-074 ENGINE REMOTE INTERFACE NOT CONFIGURED 103-OD4 ENGINE REMOTE INTERFACE CONNECTOR IN ENGINE COMPARTMENT 856-0()1 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE Date Version PRL-16M.031 12104=118 2:16 PM BOYN33KIO-16M 1-117-00 Page 14 of 21 Page 614 of 770 Prepared 1br Pre ared by: AL INDUSTRIES QUOTEf Shane Hall CREEDMOOR BOYN33KI -1 SM LR7-60 Peach State Frelghtliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27522 Jeffemon,GA 30549 Phone.919-704-4000 hone: 7 Weight Data Code Description Front Rear 1 21 CH TRANSMISSION OIL TEMPERATURE GAUGE 017 ENGINE AND TRIP E INTEGRAL WITHIN DRIVER DISPLAY 372-051 CUSTOMER I AND INSTALLED CONTROLS ELECTRIC I IL PRESSURE GAUGE 67MI OVERHEAD INSTRUMENT PANEL 746-116 AMIFMNVB WORLD TUNER RADIOI 1 BLUETOOTH AND USB AND AUXILIARYIP , J1939 747-001 DASH MOUNTEDRADIO 750-0 ( )RADIO SPEAKERSIN CAB 753-001 AMIFM ANTENNA MOUNTED ON FORWARD LH ROOF 810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARYSCALE. IT UT ODOMETER 817-001 STANDARD VEHICLE 812-001 ELECTRONIC 3000 RPM TACHOMETER 162-011 IDLE LIMITER, LCT NIC ENGINE 015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY SINGLE E I I I LD WIPER MOTOR WITH DELAY i MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH VALVE882-Mg ONE I SYSTEM ITH WARNING INDICATOR 29M1 3 SELFCANCELING TURN SIGNAL SWITCH WITH DIMMER, I HAZARD I HANDLE 298-039 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS Design 065-000 PAINT:ONE SOLIDCOLOR Color 0 COLOR A:LD"IEB BLUEELITEC BLACK,986-020 HIGH SOLIDSPOLYURETHANE CHASSIS PAINT 7 HIT ( )FRONT WHEELS/RIMS (PKWHT21,TKWHT21,W.TW) Date VeMon PRL-18M.031 1 2MQ2018 2:16 Y K1 1 LR7-80 Page 15 of 21 Page 615 of 770 Prepared r: QUOTE ID Prepared by: ALTEC INDUSTRIES ne Hall C -1 Freightliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR, C 275= Jeffoson,GA 30549 Phone:919-764-4009 Phone: Weight Date Code Description Front Rear 980-972 HIT ( 0 )REAR WHEELSIRIMS(PKWHT21,TKWHT21,W,TW) 964-6Z7 BUMPER PAINT-FP24812 ARGENT SILVER DUPONT FLEX 17 DIGIT BAR CODE LH DOOR STANDARDCOAT/UNDERCOATING Cerffication 1 Compliance 990-Mi U.S.FMVSS CERTIFICATION,EX CABS AND GLIDER KIT sales Programs SALESNO L TOTAL VEHICLE SUMMARY Weight Summary Weight Total Front Factory Welght+ 64191 lbs 10718 The Dealer Installed n 0lbs 0 lbs 0l Total Weight! 6419 Its 4299 lbs 107181 s Dealer Ins lled Options Weight l Front Rear KEY PDI INSTLE YLS ENTRY 0 Total Dealer Installed OptionsThe The (+}Weights shown are estimates only. I1 weight Is critical,contact Customer ApplicationIn dn . Date Version PRL-18M.031 1 12:16 PM BOYN33KIO-18MLR7-80 Page 16 of 21 Page 616 of 770 Prepared for: QUOTE ID Prepared by: TCI NDUSTRIES Shone Hall CREEDMOOR BOYN33K19-18M LR7-60 Peach State Fraighillner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NO 27522 Jefferson.GA 30549 Phone:919-7644009 Phme-7053678998 GV W R NINE;, Model.......................................................................................................................................................................................M2106 Cab Stm(829)................................................................................1 N INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Expected Front Axle(s)Load(Ibs)...........................................................................................................................................12000.0 Expected her AxIo(s)Load(Ibs).........._._..............................................................................................................................0.0 Expected Rear Axle(s)Load(Ibs)...........................................................................................................................................2100D.0 ExpectedTog Axle(s)Load(Ibs)....................................................................................................................................................0.0 ExpectedGVW(Ibs)....................................................................................................._...__....................................................33000 ExpectedGCW(Ibs)......................................................................... .........................................................................................0.0 Front Axis(400)....................................................DETROIT DA-F-12.0-3 12,000#FF1 71.5 KPI13.74 DROP SINGLE FRONT AXLE Front Suspension(620)................................................................................................13.300#TEAF FRONT SUSPENSION Front Hubs(4116).....................................................................................CONMET PRESET PLUS PREMIUM IRON FRONT HUBS Front Disc Wheels(502)........ACU 1 51408 ACCU-LITE 22.5X8.25 I 0-HUB PILOT 0.10 INSET 2-HAND STEEL DISC FRONT WHEELS Front Tires(093).....................................................................................MICHELIN XZE.2 11 2.514 PLY RADIAL FRONT TIRES Front Brakes(402).........MERITOR 16.00 Q+CAST SPIDER CAM FRONT BRAKES,DOUBLE ANCHOR,FABRICATED SHOES Steering Geer(53a).......................................................................................................................TRW THP-80 POWER STEERING Rear Axis(420)................................................................................................RS-21-160 21,ODDN R-SERIES SINGLE REAR AXLE Rear Suspension(622).......23,000#52 INCH VARIABLE RATE MULTI-LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER Rear Hubs(4 50)............................................................................._..........CONMET PRESET PLUS PREMIUM IRON REAR HUBS Rear Disc Wheals(505)...............AC I 514116 ACCU-LITE 22.WM.25 1 D-HUB PILOT 2-HAND STEEL DISC REAR WHEELS Rear Time(004)................................................................................MICHELIN X MULTI D 11 .514 PLY RADIAL REAR TIRES Rear Brakes(423)............MERITOR I 6.5X7 Q+CAST SPIDER CAM REAR BRAKES,DOUBLE ANCHOR,FABRICATED SHOES Pusher I Tog Axis(443).........................................................................................................................NO PUSHER OR TAG AXLE Pusher/Tag Suspension(5 25)...............................................................................................NO PUSHER OR TAG SUSPENSION Pusher/Tog Hubs( )........................................................................................................................NO PUSHER OR TAG HUBS Pusherfrag Disc Wheals(509)........................................................ ........................................NO PUSHEIWAG DISC WHEELS Pusher I Tog Tires(0 5).................................... ....................................................................................NO PUSHERITAG TIRIES Pusher 17 Brakes(458)......................................................................................................................NO PUSHERITAG BRAKES Date Version PRIL-18M.031 1 6 2:10 PM BOYN33KI19-118M LR7-60 Page 17 of 21 Page 617 of 770 Prepared r: Prepared by. ALTEC INDUSTRIES QUOTE I Shona Hell CREEDMOOR BOYN33KIO-18ML 7-00 peach Stste FraighUlner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27522 Jeffarson.GA 30549 Phone: 1 Phono:7063878998 , r � 4�� {�Y �� l i3 lllll<< rj 4, IBM boo 21000 m _ 14740L , 000MOM1 whems W 1 _ $ as 1 t 000. 12000 33 m MON Performance calculations are estimates only.If performance calculaUans are crfflcsl,please contact CusWer Applicadon Engineering. Data Version PRL-18M.031 12M412018 2:16 PM Y i -1 L 7 0 Page 16 of 21 Page 618 of 770 Prepared ftr: QUOTE ID Prepared by: ALTEC INDUSTRIES Shone Hall CREEDMOOR BOYN33KI 9-1 SM LR7-60 Peach State Fraightliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27522 Jeftmon.GA SWO Phone:919-764-4009 Phone:700357MM8 DIMENSIONS 41h ---------- ........................................... iiii 1 1 ii IMMEMITEMEMM 1: MENEEMiii MEN= Model........................................................................................................................................ ,...........................................M2100 Wheelbase(545)..................................—.....................................................................—.......--.5425MM(2141 C }WHEELBASE Rear Frame Overhang(552)..................................................................................2550MM(1001 )REAR FRAME OVERHANG FifthWheal(576)......... ....................................................................... .............................................................NO FIFTH WHEEL Mounting Location(577)..............................................................................................................NO FIFTH WHEEL LOCATION MadmumForward Posfflon(in)...................................................................................................................................................0 MaximumRearward Position(in)................................................................................................................................................0 Amountof Slide Travel(in)...........................................................................................................................................................0 Slideincrement(in).............................. ..................................................................----......................................................a.o DesiredSlide Position(in).........................................................................................................................................................0.0 Cob Sim(829)................................................................................106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper(6112)..................................................................................... ........................................NO SLEEPER BOYJSLEEPERCAB Exhaust Systern(016)........RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH HORIZONTAL TAILPIPE Date Version PRL-18M.031 1210412018 2:10 PM BOYN33KIO-16M LR740 l2age 19 of 21 Page 619 of 770 Prepared for QUOTE ID Prepared by: ALTEC INDUSTRIES Shane Hall CREEDMOOR BOYN33KIO-18M LR7-60 Peach State Frelghtliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR.NC 27522 Jefferson,GA 30549 Phone:919-764-4009 Phan e:7003676998 WIN NO ii Wall is I iiiiii ;i Iml mum=! ............... "M IM 0.6 BICUICOPMUD BWt@qRaMM!MTk�1h JM --.Me 29 .6 Raff—wove-M-00i Corm LOW MAL) 3342 AewAM�L$Wg 0A urjM"Mme Wnw-v vICA&MB dR@ar Age 42A Performance calculations are estimates only.If performance calculations are critical,please contact Customer Application Engineering. Data Version PRL-18M.031 12M4/2018 2:16 PM BOYN33KIO-18M LR7-W Pop 20 of 21 Page 620 of 770 Prepared fbr: QUOTE ID Prepared by. ALTEC;INDUSS Shane Hall CREEDMOOR TRIEBOYN33K19-18M LR7-60 Peach State Freightliner 1550 AERIAL AVENUE 1755 Dry Pond Road CREEDMOOR,NC 27622 Jeffenwn,GA 30549 Phone:9119-764-40DI) Phone:7063578M UNLADEN FRAME HE IGHT NOW R M W -Framefliall 0 0 20.10 In-bra Full moI......................................................................................................................................................................................M2106 Cab Sbw(629)................................................................................100 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Frame its(5M).....................11/32X34=10-15116 INCH STEEL FRAME(6.73MMX277.8MM/0.344XI0.94 INCH)12OKSI(546) WebHeight(in)......................_........................................................................................................................................10.9375 FlangeThickness(in)........................................................................................................................................................0.34375 Rear Suspension(822).......23,000#52 INCH VARIABLE RATE MULTI-LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER Rear Suspension Ride Height(821)..........................................................................SPRING SUSPENSION-1.00'AXLE SPACER AyJeCJL to Bottom of Frame.(in)...................................................................................................._.......................................10-088 Rear Tires(084)...................................................__.........................MICHELIN X MULTI D 11 2.514 PLY RADIAL REAR TIRES UnladenRadius(In)................................................................................................................................................................20.8 FifthWheel(57 8).................................................................................................................................................NO FIFTH WHEEL RequestedMin Height(in)......................................................................................................................................................0.0 RequestedMax Height(in).........................................................................................................................................................I Fifth Wheel Log Height(582).....................................................................................................NO FIFTH WHEEL LEG HEIGHT Rear Tow DavIce(567)..........................................................................................................................NO REAR TOWING DEVICE RequestedMin Height(in).......................................................................................................................................................0.0 RequestedMax Height(In)......................................................................................................................................................0.0 Performance calculations are estimates only.If perrormance calculations are critical,please contact Customer Application Engineivin g. Data Version PRLA SM.031 1210412016 2:16 PM BOYNMKI 0-1 SM LR7-W Page 21 of 21 Page 621 of 770 QuotieNumber 468712-1 Altee,Inc. November 30,2018 Our a9th Year AW21M CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH 222 NE OTH AVE PO BOX 310 BOYNTON BEACH, FIL 33425 BOYNTON BEACH, FL 33436-0000 us United 5%tes Attn: Phonw. Email: Altec Quotation Number. 468712-1 Account Manager: Jenny Carlson Technical Sales Rep: Mark Floyd Jarrell RM 2021111111111M 21 VA I ALTEC Model LR7-aO Articulating Ovwcenter Aerial Device with an Insulating lower I boom,Insulating upper,boom and the Altac ISO-Grip,Insulating system at the boom tip Installed behind the cob to Include the following features: A. Ground to Bottom of Plaftrm Height:00.3 169(18A meters). B. Worldng Height:66.3 feet(19.9 metem). C. Maximum reach to edge of platform with Upper Boom Non-overcenter(working position):44.8 feet(13.6 metem)at phftrm height of 28.6 W(a.7 motors) 0. Maximum reach to edge of platfimm with Upper Boom Overcenter 48.4 fast(14.8 mders)at pleftnn height ct 0.8 feet(3.0 meters) E. Continuous rotation. F. Lower Boom Articulation:0 to 125 degrees. G. Lower Boom Insulator provides 15 Inches(38.1 centimeters)of Isolation. H. Upper Boom Articulation:0 to 270 degrees, 1. Platform cmpacky:400 lbs(151.44 kilograms) J. Platkm1eveling:achieved by a single leveling chain and 3/4'fibeMless rods In the upper and lower booms. This IVWlme system is very low maintenance. K. Hydraulic system: Open center(full pressure),maximum flow of 6.0 to 6.5 gpm (22.7 to 24.8 Ipm), maximum operating pressure of 3.DDD psi. L Side-by-Side Boom Stow offers low travel height and way platform access. M. Maintenance Free Elbow:nitrided to prevent rust, Increase hardness and eliminates the need for grease at the elbow. N. Small Boom Tip Profile. 0. Aftec PatsMed walking link system f"tures uniform speed,smooth and wrylinuous articulation and low maintenance operation. P. nit' pointed with a powder coat point process which provides a finish-pointed surface that Is highly resistant to chipping,scratching,abrasion and corrosion, Paint is electrostatically applied to the Inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring mwdmum coverage and protection. 0. Unit masts or exceeds ANSI 92.2 standards. M VAsh To Thank You For GMng Uo The Flamm Arid Opporbunhy of Sarft You Page I of 10 UTIUTV EQUIPMENT AND BODIES SINCE 1020 Page 622 of 770 r. 41118712-1 Inc.Amec. Altec, Rom DARMiRdw 2. Automatic Upper Boom Stow Securing cradle. 1 3. Pedestal 1 4. Reservoir,30 Gallon1 Single,One(1)Man,Fiberglass Plaftrm, Inches. 1 Aftec Patented ISO-GripISO-Grip Insulating, i l Speed,Upper Control Handle- safety Interlock interlock guard, Loc Ide of the platform nearest the upper boom,mountedn the shaft. lower u ,tiller rotationoperates r boom up1down. 6. One(1)PI -located onth Ide of the platformI In the 1 Platformstowed position 7. r-Soft virryl 24 x 24 inch(610 x 6101 8. Platform Uner. is (810 x 610 x 901 mm),50 kV Rating1 9. Hydraulic Tool Circuitl t of quick disconnectl 1 r open center tools. 10. Secondary Stowage : 12 VDC powered motor and pumpI r temporary 1 operationI In a situation whereint lic source fails.Electric motor Is i I Is operated with an airl r at the platform and a momentary switch located at the kwer controls controls. This feature allowsr to completely ,and 1111. Slip it r engine staWstop, secondary stowage system,and throttle control 1 options riggere with 5-clegree swival shoo. For Installation 1 inch chassisheight A. Ma)dmum Spread: 1 inches B. Ground Penetration: y to 11 inches dependingchassis C. OutriggarNnit Selector D. Outrigger Control Valves: located on the outrigger lags E. Outrigger Motion Alarrinis F. Outrigger Interlocks: will not II unit to be operatedn the outriggers hove been t least partiallydeployed 13. Hydraulic utrl n I Valves1 14. Insulating Aer" I Device.ANSI Category C,46kV and Below 15. Bolt On Grob HandleTurntable1 18. Custom trcolor ).Orange1 17. Custom Above Rotation Color Orange1 9 r Color Gloss Black1 ft h To ThankYou ror GivingUs The Pleasure And Oppodunhy of Serviing You pap 2 of 10 UTILITY EQUIPMENT MD BMIESSINCE 1029 Page 623 of 770 Quote Number: 486712-9 Allea Alt'ec,Inc. itelm MCI 19. Custom Inner Outrigger Leg ColorI 1 20. Custom Outrigger Housing r Gloss Black Unit11 21. FM-22 Hydraulic Oil(Standard). 35 22. Standard Pump For PTO 1 23. Hot shift PTO for automatic transmission l 24. Standard l IFunctionality: `t engage until parking L -Once parking(holding) in enabled. -If parking(holding)brake Is disengapd,both PTO and machinei i . Functionality r Automatic n n - 1 If chassis Is In gear, and PTO switch Is II not engage.Chassiswill remain in gear.Once the chassisIs shiftedinto gear the PTO willi . For some truck cwflguratlonB the PTO switch must be fumed off bo allowtransmission shiftInto r. fialliz 26. c x tool compartment 48 Inches wide x 60 Inches highInches ion i (1210 1270 )with 28.5 Inc (673 mm)deep curb andf compartmentsf following SingleA. Streetside: Ical bam-style doors. Left side two )fixed shelves with six O dividers.Righti ur( l transverse compartments open to curbside. Compartment bottom h (1)tray I ) removable dividers, I ( .1 r lin r partitioned for chainsawnd wedge storage.Securityifor o I bottom and wedge storega.Securitychain i in bottom. B. u lSingle t )verticalbarn-style i has four unequal transverse compartments open to strastelde.All compartments have 0.126 Inc (3.175 }rubber shelf liners.Top center has Iwo(2)fixed shekies with I )dividers.Top right has six )swivel rope hooks(3-0-3). C. Standard features: It r locks.Gas shock locks I I int with locking II Finish palrd Interior exterior.the some as Integrated lookinginstalled. 27. c Body1 Steel28. Body1 20. Platform/Fl1 30. Finish int Flatbed Aftec White 1 31. Finish int Flatbed Custom Color i )Gloss Black1 32. Undercoat Body 1 We Mh To Thank You For GMng Us The Plemmire And Opporim*of%rving You Page 3 f 10 U71LrrY EQUIPMENT AND WDIES1 Page 624 of 770 Quote Number: 466712-11 AweAltuine. ham Dandoftl Edo 33. 160"Estimated FlothedL (Engineering i Final 1 34. "Treadplate Floor 35. "Body Wdth 11 I (No Cme Storage Available) 1 Inch Highr Retaining Rails, Comers Notched F 1 38. OuNger Cutout Required1 39. Unit Cutout Required 1 Channels40. Light Installed t Rear 41. n T-Box/Saddic Box Nth Options 1 42. Additional Steel Horizontal Storage Box-1 I ST x i 8"H steel storage box with three drop down doors r to have singleI latch andchain in -Bottom of boxes lined tl r In&tolled on 68 and CS along edge of flotdock 43, Additional Steel Horizontal 1 ' I cabinet vvIth two barn 1 style -Four( adjustable I dividers -installed n n to rear Cab Guard, 1 ,12 GA Sheet Metal Wlh Non-Skidu I 1 Section t Front.BlackCoating A, Cab Guard Mounflng I S. Frorrt Supports or Cab Gtatrd 46. I (Underride Protection) r Installed At Rear 1 46. T-100 WeI I ( L 1 47. Set Of D-Rings for Trailer Safety Chain,Installed h side of towingt. 1 48. Pull-Out Double r-installed r 1 49Add Int )As Needed.-installed r 1 50. Compartment Top Access Stop from Body Floor-installed r of sideopening 1 box r eftuard socess.Not to Interfere with door on cabinet 51, Cab Guard Accuse Stirrup ( ndle(&)At Curbside Rear Of Cab Guard 1 We Ifth To Therk You For IMaeum And Opporfunfly of SaMng You Pop 4 of 10 UTILITY ! ! SINCE 1 Page 625 of 770 Quote Number: f -I Atm- Alter,Inc. mom 1111212 D02fiRlam LIM Pita 52. Cab Guard Azoen Ladder 1 53. Platform i i Rubber Tube 54. Lower Boom Rest Weldmanti into rear of Flaideck. 1 13044879345 PlastIcOutriggerPod, 1 1 "x1",Black With Handle 56. r Pad Holder, " ,Fits 19.5"x 19.5"x "And Smaller Pads, Bolt-On, Bottom Washout Holes, "L!p Retai r 57. Pendulum I r Outrigger Pad Holders FlapsSt Mud (Pair) 1 Wheel Chocks, Rubber,9.75"L x 7.76" t ' I Hairpin Style1 Handle(Pair) 60. Wheel Chock Hokiers(Pair), For Installation r Flatbed Or Dump 61. U-Shelped Grab Handle- r use with CS rear access.One handleIntegrated Into boom t upright,one Inboard on light channel. 62. Slope Indicator For Machine VVIth1 93. Cons Holder, Horizontal Style withVertical Pivot( - ), For Mounting On 1 Front Bumper(Holds ri SmAl 5"C ) 64. DrIveaway Safaty KN 1 65. Il manual pouch for storageII operator and parts manuals1 60. Lights and reflectors In accordance with FMVSS A108 lighting package. (Complete LED, 1 including lights) 67. r Strobe Lighting,Amber L ( )Round Lights In Front Comers of Cab 1 Guard and Two( )Round Lightsr 60. Directions! i r,Amber, LED, 34.6'Long1 69. Dual Tons Back-Up Nth Outrigger Motion Alarm1 To. Altac Standard MuNI-Point Grounding 71. Aftec Backup I LCD Moriftor, Heated Infrared Camera with DayINIght Sensor andAudio A. 7"Color LOD Mon Itor With LED BacklightIng And Proximity Indicators Inputs Independent rl C. Heated Iriftered Camers.WithDay/Nightr And Audio D. MirrorMormal View E. IPM Rated F. Wlde VleMng Angle(104 Degrees Horizontal7 To Thank You For C-AvIng Us The Pleasure And Opporkirilly of SwAng You Page 5 of 10 LMLITY EQUIPMENT AND BODI I 1920 Page 626 of 770 Qucft Number: 1 -1 . Edga Meter Cable Assembly 72. PTO Flour Meter,Digital,with 10,000r Display1 73. 6-Way II ( in Installed r Electric74. I Controller( ) 76. Install secondary stowage system. Install Outrigger Intedock System1 77. PTO Indicator Light Installed i 78. Custom Unit Color Orange1 79. Alec Standard; Components nted below frame rail shall be coated black1 i.e. step bumpers,deps.frame extension,pintle hook mount,dock bumper mounts, D-rings,receiver tubes,accessory mounts, ,under-ride , atc.Componente mounted to under side of body shall be coated block . Wheel chock holders, , lighting brackets,steps, and ladders. BO. Custom Above Rotation Ir Orange 1 81. Custom I Color Gloss Black 82. Custom Inner Outrigger Log Color Gloss Black 83, Custom Oubtger Housing Color Gloss Black 1 Apply84. Non-Skid II walking surfaces1 English86. y And Instructional Decals 1 86. Vehicle I t -Installed In Cab 1 Placard,87. I- y lic Oil 88. Dielectric tet unit accordingI requirements. 1 89. Stability nit according to ANSI requirernants. 1 I f Customer Validation Inspection Required1 91. 5ocus Factory Build1 92. Delivery Of Completednit 1 93. Inbound h 1 94. installation-LR7-60 Aerial Device VA Wsh To Thor&You For 01wirigs The Plessum And Opporkmity of Serving You Papa of 10 UTILrTY EQUIPMENT AND BODIESI 1929 Page 627 of 770 Quote Number 466712-Alec. Aftec� 11 IBM Edo 95, Chassis 96, 3upplied Chassisi Model97, 2020 Year 1 98. II r M2-1061 9& 4x2 1 loo. 144 Clear CA(Round To Next Wholer 1 101. Regular Cab1 102. Chassis 103. OtherChassis I r RAL 5002 Ultrammine Blue1 Cummins 1 1 Engine1105. 260 HP n 1 106. fidlison 3600 RDS Automatic Transmission( iOnly) 1 107. GVVVR 33,000 LBS1 100. 12,000L 1 log. Spring Suspension 110. 21,000 LBS Rear GAWR1 11 R22.5 Front Tire1 1112. 11 R22.5r Tire1 113. Air Brakes 114. Park Brake In Rear Wheals Ila. 016-101 -Frelghtliner Exhaust( w e I) In r-Clear Area AroundAllison i ( - Y ) 11) 1 117. F raightliner-Radiator(950 Square Inc )for ISBA9.7 or DDS.1 ( )(28"78) 1 hli r-Rear Cab Crosemember Flush VWth Back Of Cab(581 1 ) 1 119. Freightliner PTO Throttle Wiringr Automatic Transmission(i ) (148-074) 1 (87L.003) 120. Frelghtliner Tnansmission DipsUckI i Transmission ) 1 121. Freightliner/Aillson Body Builder Connectilon(34C-001) 1 We Wish To Y And Opporlunity of SerAng You Page 7 of 10 UTILITY EQUIPMENT AND BODIESSINCE Page 628 of 770 QualteNumber 466712-1 Atec, Al - c, jkM Eft 122. No Prewire Chassisi 123. No Idle EngineI 1 124. 5D-State Emissions 125. Clean Idle is I n 1 1 . 204-215 Frelghtfiner 50 Gallonl Tank( n ) 1 1 . 231.1-001, Freightliner 6 Gallonnk(Under Cob Left Hand) 1 12& Chassis Without Front Frame Extensions 129. Battery Under Cab Left Hand1 130, No Air Hom1 9. AMfFM Radio1 132. Air Conditioning1 Control133. Cruise 1 134, Keylessn 1 136. Power DoorLocks 1 Block138. r 1 137. Driver Controlled Locldng Difibrential 1 136. Air Ride Drivers Seat 139. Other Seat Options-2 Man passenger bench1 AddltlanaLE&Jng 140. Standardn (1)year parts warranty, (1)year labor Ymirreft ninety( travel charges, limited Iftirne structural warranty Aftc ,Inc. By V%Wah To Thank You For GbAng Us The Plemoure And OppaturAy of SwAng You 1 UTILITY EQUIPMENT AND BODIESSINCE 1029 Page 629 of 770 QuoteNumber. 460712.1 Altec ,Inc. 1 - __....._......... . ........._. 1 Altea takes prideIn offering solutionsprovide r work orrvironrnentr our customers. In an effort to focus on safety,we would encourage u to consider the following Outrigger Applicable) It Protection System Fire nut ' Platform Liner I I ) Altec SentryTraining aforementionedWheal Chocks The I ran be offered In our now equipmentt any of these items have not been listed as pricedi r In r quotation and are required by yourc r r and have versionan updated quote nt to you.These options must be liked with an Rem number In u r them to be suppliedI . Altos Standard One(1)year parts warranty. One(1)year labor to r travel charges. Warranty n structuralt lowing major components is to be warranted for so long as the initialr owns the product: Booms, boom articulationlinks, hydraulic Winder structures,outrigger weldmants,pedestals, subbases and turntables. Is to supply a self-directed,computer based trainingill provide basic Instruction In the safe operationdevice. This ill oleo include and explainI and OSHA requirernards relatedthe proper use andi i . AJtec offers Its standard limited warrantysupplied t up the Altos Unit and its Installation,but expressly1 cl i y and all warranties, liabilities, i ill' Ing any Implied E for a perficubir purpose and merchantability, r any customer supplied Altosparts i n applicable I Motor Vehicle Somy and DOT standards Customer Unless I , all measurements used In thisu Inch i 016mm)chassis frame height and standard cab height for sn n . Altec ExtendedOption: An Aftec;Extended Warranty Is i lteds I-ImIted Warranty and protects you from the repair cost associated with claWs.of materialsworkmanship r the standard I-ImIted Warranty expires. Altec offere rnanyy . Ask your Abe account manager for details. Quotes are available upon request, To Thank You For Wng Us The Pimsure And Opporlmly of SwAng You pap 9 Of 10 UTILITY I E T AND BODIESI 1220 Page 630 of 770 duaWNumber. - Abal Altsc� . 6 Changes made to this order may affect whether or not thisi is subject to F.E.T. A review will be made at the time of Invoicing lE ill be added to the Invoice amount. 7 Price does not reflect any local,state or Federal Excise T ( . . also I local title or licensing I ill be added to the final price In accordance regulailons In time finvoicing, 8 Any payment made by credit card may be subject to a 3%convenience fee. 9 Delivery: 300-330 days after receipt or order PROVIDING: Order Is i in 14 days from the date of the quote. If initial Eexpires,please contact your Altec representative for an updated deliverycommitment. supplied Customer c i B. Customer approval drawings are returned . D.Customer supplied aocessuriesr compliance with scheduledII E.Customer expectations are accumtely captured prior to major components being , chassis)andUnexpected iti or r r Inspection II I date. II vehicle, Altec reserves the right to change suppliers In order to meet customer deliveryl nless specificallyIdentified, r,during the quote and or ordering . 10 Trad&4n offer is conditional upon equipmentl l (Department of Transportation) standardsoperating and safety I E In compliancef DOT until arrival at an Aftec Facility. This II Include, is not limited n I , ' I equipmerit, i. .,jibs, , pintle hooks,trailer ,etc.,are to remainn unless In writing both parties. ALTEC Industries reserves the right negotlate its trade-in offer If those conditions not t. II reasonable and necessary expenses required of ALTEC Industries to execute transportation trade-Inll be invoiced iti maintain exerciseCustomer may this In writing within sixty( r receipt purchase r, After that time ALTEC Industries II expect receipt of trademinicldelivery of now equipment as part of the terms of the purchase orderunless r arrangements have been nude. 41 This quotationi luntil10.After this date,pleaseI Industries, I .for a possible extension. 12 After the Initial warranty period,Aftec Industries, Inc. IIe service units, service shipmentsday parts t parts from service locations r int Competitive labor and parts raW. Call 7- all of yourneeds. Please13 EI Altec Capital at financeCaltamcornII BBBAOM148 for a lease quotetoday. 14 Pleasei ll questions to Jenny1 Thank You For Wft Us The Plesswe And Opporlunity Df Saming You Pap 10 af 1 UTILITY EQUIPMENTI I 1 Page 631 of 770 012418-ALT I So=ewell Page 1 of 3 S o u rc e w e 5' Attec n s �f Industries Utility, i iEquipment Maturity Date:03/14/2022 Products & Services Sou l contract 012418-ALT gives access to the following services: Aerial Devices o ServiceBodies Digger Derricks o ChipBodies * Boom Truck Cranes o Cable Handling * Knuckle Boom Cranes Trailers * Wood Chippers c i Pressure iTraining https://www.soureewell-mn.gov/cooperative-purchasing/O 1 - P of 770 � NP r� a; (! f i 3 National Joint Powers Alliance@ REQUEST FOR PROPOSAL for the procurement o PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES RFP Onning, AN[7AR.Y 25, 20 � 18 1 ®30 ® ® Central Time Atoffices of the National Joint Powers Alliance'o 202 1211 Street Northeast, Staples,MN 56479 RFP #012418 The National Joint Powers AllianceV ),on behalf of NJPA and its cuzrent and potentialagencies, is includes all governmental,higher education,K-12 education,not-for-profit,tribal government,and all0 lic agencies 1 fifty states,Canada,and internationally,issues this Request For Proposal )to result in a national contract solution for the procurement of 0 12418 PUBLIC ACCESSORIES AND SUPPLIES]Details of this RFP are available ,2017.Details obtainedletter of request to Chris Robinson,NJPA,202 12th Stred Northeast,P.O.Box 219,Staples,MN 5 ,or by e-mail ' co s 'l ,2 :3above address and opened�anuary 25, 1 Time. RFP e - ne December 7,2017 Publication of RFP`in the print and online version of USA Today,In the print and online version of the It Lake News withinUtah, in i of the Daily Journal o conimerce withinState of Oregon( entities this pertains : h :!1 , ioco.or - v i i a ),in the print and online version f The&are within the State of South Carolina,the NJPA website, Notiectobidders.com., ,Biddingo,and Onvia. January 9,2018 Pre-Proposal o c c ce call).The connection information will be sent to es two businessthe conference. January 7,2019 Deadline for RFP questions. January 24�2019 Deadline for Submissionf Proposals.Late responses will be returned unopened. PublicJanuary 22%2019 Opening of Proposals. Direct questions regarding this to: Chris Robinsonchris.r i omni acoc► .o or 1 )895-4168. Page 633 of 770 TABLE OF CONTENTS .... -....� „u.rt m 1. I sCriteria A. Contract i ' B. Proposer os C. Sourced of Open Market Item F. Marketing Plan D. Vendor G. Certificate Of Insurance H. Order Process and/or Funds Flow 2. ADVERTISEMENT OF RFP I. Administrative 3. INTRODUCTION A. About NJPA K. Waiver of Formalities B. Joint Exerciseof Powers Laws 7POST AWARD OPERATINGISSUES C. Why Respond a National Cooperative is Procurement Contract B. NJPA Member Sign-up D. The Intent of This RFP C. Reporting of Sales E. Scope of This RFP D. Audits F. Expectations for Equipment/Products u and Services 'nProposed F. Trade-las 0. Solutions Based Solicitationof Stock Notification H. Termination of a Contract resulting from . INSTRUCTIONS FOR PREPARING YOURi PROPOSAL InquiryS® T O 1I° A. Pre-Proposal AdvertisingoResulting B. C. Identification of Key Personnel This D. Proposer's Exceptions to Terms and B. Applicable Conditions i of Contract E. Proposal Format D. Lit of Proposers F. Questions&Answers About This Captions,Headings,and Illustrations Modification0. or Withdrawalof a F. Dataices Submitted s t H. Proposal Opening Procedure H. Force Majeure 1. NJPA's Rightss i s J. Material Suppliers - o t 5. PRICING - of Rights PricingA. Line-Item L. Protests of Awards Made B. Percentage icount Fr= Catalog or M. Suspension or Disbarment Category N. Affirmative Action C. Cost Plus a Percentage of Cost Status Certification D. Hot List PricingSeverability E. Ceiling is 'es F. Volume Price Discounts/ • FORMS Additional Quantities G. Total Cost of Acquisition 1 . PRE-SUBMISSION CHECKLIST H. Sourced Equipment/Products/ t s 11. IOC PRODUCT F ST Open Market O 1. Price and ct J. Payment Terms 12. APPENDIX A K Sales Tax L. 1 . APPENDIXI4 O, UT, WA Political Subdivisions (SEPARATE 6. EVALUATION OF PROPOSALS ATTACHMENT) A. Proposal Evaluation cess 14. APPENDIXO — VA Political Subdivisions B. Proposer Responsiveness (SEPARATE T) Page 634 of 770 Y DEFINIXTIONS AXONTRACT Contract means this RFp, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award'I with final tanns and conditions.Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. &PROPOSER A Proposer is a company,person, or entity delivering a timely response to this RFP. This RFP may also use the terms "resnderrt"or` oe ,"which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET rrEM A Sourced Good or Open Market Item is a product within the RFP's scope 1)that is not currently available under the Vendor's NJPA contract,2) ata member wants to buy under contract from an awarded Vendor, and 3)that is generally deemed incidental to the total transaction or purchase of contract items. D.VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP 3 Page 635 of 770 2 ADVE.Err.1..S,E"M-FNT OF RF P 2.1 NJPA advertises this solicitation: 1)in the hard copy print and online editions of the USA Today; 2) once each in Oregon's Day Journal of Qmmereg, South Carolina's EM_St@k and Utah's 3)on NJPA's website-, and 4) on other third-party websites deemed appropriate by NJPA. Other third-party advertisers may include Onvia,PubliePurchase.com,MEM and Biddingo. 2.2 NJPA also notifies and provides solicitation documentation toe state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 IIINITRODUCTION A.ABOUT NJPA 3.1 The National Joint Powers Alliance'(NJPA)is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer,among other services,cooperative procurement services to its membership. Eligible membership and participation includes states,cities, comfics, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation,NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services is NJPA Member agencies desire to procure. These procurement contrwts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be finind at www.dgmgggag. 21 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3.4 NJPA currently serves over 50,000 member agencies nationally.Both membership and utilization of NJPA contracts continue to expand, due in paA to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B.JOINT EXERCISE OF POWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces.The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states"Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at ba:L/mMMLn .jJRacoon.or&LnAt:ionaI-co a contract- solutionsfiegal-authority/ 3.5.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a"joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C may agree to be a Joint Purchaser under this RFP. C.WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 4 Page 636 of 770 3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies,as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save time and effort for municilic pal and pub agencies,who otherwise would have to solicit vendor responses to individual RFPs,resulting in individual contracts,to meet the procurement needs of their respective agencies.Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs.A single,nationally advertised RFP,resulting in a single,national cooperative contract can potentially replace thousands of individual RFPs for the same 1s 'c that might have been otherwise advertised by individual NJFA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts.Our contract terms and conditions offer the opporhmity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 2J State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in to prices,better overall value,and considerable time savings. 3& The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although nosales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3,9 NJPA and its Members desire the best value fbr their procurement dollar as wall as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10.National contract awarded by NJPA. NJPA seeks the most responsiibl ve and response Vendor relationship(s)to reflect the best interests of NJPA and its Member agencies.Through a competitive proposal and evaluation process,the NIPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NIPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and so-vices as desired and needed.The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s)and NJ?A. Contracts are expected to offer price levels reflective of the potential and collective volume of NIPA and the nationally established NJPA membership base. 3 Beyond our primary intent,NJPA finther desires to: 3.11.1 Award a four-year contract with a fifffi-year contract option resulting from this RFP.Any fifth-year extension is exercised at NJPA's discretion and results from NJPA's contracting needs or ftom Member requests;this extension is not intended merely to accommodate an awarded Vendor's request.If NJPA grants a fifth-year extension,it may also terminate the contract(or cause it to expire)within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA's Board of Directors to extend the contract term beyond five years.This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 5 Page 637 of 770 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 3.11.3 Deliver "Value Added" aspects of the company, equipment1products and services as defined in the" oer's Response"; L.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies;and L.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the beat interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards:Based on the scope of this RFP and on the responses received,NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members;in other situations,multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency's needs.NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non-Manufadurer Awards: NJPA reserves the right to make an award under this RFP to a non- 7n'a—nufacturer or dealeddistributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer.-If the Proposer is a manufacturer or wholesale distributor,the response iWeived will be evaluated on the is of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of,and authorized to accept,purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer.Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3. Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services fium their manufacturer. When requested by NJPA,Proposers must document their aU thority to offer those products and/or services. E. SCOPE OF THIS RFP 3.1fi Scope:The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealeddistributor, established as a Proposer,and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of OuBLic uTiLrrY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES1 3.17 Additional Scope Deffidtions: In addition to ounic uriL=EQUIPMENT WITH RELATED A R AND SUPPLIES J this solicitation should be read to Include,but not to be limited to: 3.17.1 Chassis-mounted,trailer-mounted,and self-propelled(wheel or track): 3.17.1.1 telescopic,articulated,mast,and boom,aerial lifts,towers,buckets,and platforms; and, 6 Page 638 of 770 3.17.1.2 derricks, diggers,pole jacks,and cable placers, stringers,toners,pullers,and ls—. 3.17.2 Chassis-mounted,trailer-mounted,and self-propelled(wheel or track),trenchers, direWonal drilling,thrust,and boring machines,pipeline drills,and soil piercing tools. 3.17.3 Equipment offbaring a combination of the functions described in subsections 3.17.1 and 3.17.2. &L7.4 Pumps equal to or exceeding 20BF, such as mud pumps, trash pumps, diesel- driven/hydraulic-Mven/clactrically-dfiven centrifugal pumps, and other pumps used in municipal applications such as lift stations,sewage treatment,water treatment,collection systems and dewatering. (A pump proposal may include pump models under 20HP so long as those offerings are incidental to a primary offering of 20HP or higher models.) ® Chassis-mounted, trailer-mounted, or skid-mounted hydro and/or vacuum excavators for the purpose of utility (gas, electric, water or telecom) infrastructure installation, but not for the purpose of sewer cleaning, catch basin cleaning, jet rodding/jet flushing,wet well/lift station cleanirig or storm line cleaning(See NJPA RFP #122017). 3.17.6 NIPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.6.1 This solicitation should NOT be construed to include any of the following: a. heavy construction equipment(see NJPA RF?#032515); b. sIdd stem or excavators(see NJPA RFP#D42815); C. trailers(see NJPA RFP#052015); d. sewer vaccum,hydro-excavation or street sweeping and broom equipment (See NIPA RFP#122017); e, truck chassis-only proposals(see NJPA RFP#081716)or, e. ag tractors(see NJPA RFP#021815). 3.18 Overlap of Scope: When considering equipment/products/services, or t/ groups of equipmen products/services submitted as a part of your response, and whether inclusion of such will fidl within a "Scope of Proposal,"please consider the validity of an inverse statement. 3.19.11 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 2.182 In contrast,computers (PCs and peripherals)can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, firom time to time and in its sole discretion, to determine their compliance and fall within the original,,scopeas intended by NJPA. 3 Beat and Most Responsive–Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s)offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NIPA and NJPA Members,provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry 7 Page 639 of 770 standards,laws and regulations;and possess the wfilingriess and ability to distribute,market to and service NJPA Members in all 50 states am preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. J1.22 Sealed Proposals: NJPA will receive scaled proposal responses to this RFP in accwdance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 121 Use of Contract:Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely ftm this contract or from another contract source of their choice or from a contract resulting from their own procurement process. ® Awarded Vendor's Interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NIPA Awarded Contract(s). Awarded Vendors may nota as "contrad compliant,"products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility-NJPA desires a"Sole Source of Responsibility" s Vendor. Thimeans that the Vendor will take sole responsibility for the performance of delivered equipment/Products/sm-Aces. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Producti/Services:NJPA desires a provider for the broadest possible scope of product&/equipment and so-vices being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. L.21.2 Vendor use of sub-contractors in sourcing or delivering equipment/productiservices: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or defivenng the equipment/producta/services being proposed. Vendor assumes all responsibility for the equiservices and actions of any such Sub-Contractor.Suggested Solutions Options include: 3.23.3 Multiple solutions to the needs of NJPA and NJPA Members are possibll e.Examples coud include: 1.2 1,11 Equipment/Products Only Solution:Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.23.3.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and am-vices that provides a single price for equipment1products, delivery,and installation to a properly operating status.Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.23-3.3 Good,Better,Best. Where appropriate and properly identified, Proposers may offer the choice"of good,better,best"multiple-grade solutions to meet NJPA Members' needs. 8 Page 640 of 770 V — Accepted — - 1appropriate properlyidentified, Proposers may provide a spectrum of technologysolutions to complement c e proposed solutions t . If li 1 , a e t s s l i the entire needs® f NJPA and its Members within the scope of thisProposers submit their complete t line of products and services described in the scopeof this RFP. NJPA reserves the right to reject individual, or groupings of specificequipment/products services proposals as a part of the award. 3.24 Geographic Area to be Proposed: This RFP invites IC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES �o NJPA and NJPA Members throughout the entire Unitedt ssi linternationally. to express willingness to explore service to NJPA Members to the lack of abilityto serve Members outside of the United States ll not be cause for non-award. e ability Canada,for instance, s a value-added . 3.25 Contract Term:At NJPA's option,a Contract resulting on the to awarded by the NJPA Board of Directors or on the day followingof an existingJ procurement contract fbr the samears' .'1 services. 3.25.1 NJPA is seeldng a Contracts of four years as allowedy Minnesota Law. 17ull term is expected. However, one additionalrenewal/extension by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members.NIPA reserves the right to conduct periodic business reviews throughoutf the contract. anticipates considerable activity resulting from thi sus , no commitment of any ldnd is made concerning actual quantities to be acquired, NJPA does not guarantee usage. `l1 depend on the actual needs of the NJPA valueand the of the awarded contract. 3.27 [This c Contract a available t 1 t potential NJPA Members chooseract who . o utilize Availability:NJPA Contract to include 1 governmental and public agencies, public private primary and secondary educationcies,and all non-profitorganizations nationally. e With o o Virginia, s is intended to ®`°joint procurement agreement"as describedin Vir. ), and thoseVirginia Members identified in Appendix C mustto use this Contract as a Joint Purchaser. 319 is Commitment Period: In order to allow NJPA the opportunity to evaluateeproposal thoroughly,NJPA requires any response to thissolicitation li irrevocable for ninety(90) days after the to proposals are opened. F, EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.30 try t s contained herein, specifications solutions for this RFP e guidelines set forth by the PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES industry, as they are generallytaccepted within that acrossindustry e t, related services and accessories, r assuranceswarranties and to exceed all current, traditional and anticipated standards,needs,expectations, of NJPA and its Members. Page 641 of 770 L.30.1 Deviations from Industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality,coverage,performance,and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 20_2 Technical Deserlptions/Speeffications.Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.30.2.1 demonstrate the Proposers knowledge of industry standards and Member agency needs and expectations; Identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies;and 3.30.2.3 differerrtiate equipment/products and services from other industry manufacturers and providers. 3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's"Hot List"described herein. 3.32 Compliance with laws and standards: All items supplied on this Contract shall cl ompy with any current applicable safety or regulatory standards or codes. 3.33 Delivered and operational: Products/equipment offered herein we to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to" live operational"must be clearly disclosed in the"Total Cost of Acquisition!'section of the proposal. 3.34 Warranty:The Proposer warrants that all products,equipment,supplies,and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. DWer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer.Any manufacturer's warranty that is effective past the expiration of the warranty will be passed an to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.35 Additional Warrants: The Proposer warrants that all products/equipment and related sic erves famished herounder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition,ProposerNendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS-BASED SOLICITATION 3.36 The NJPA solicitation and contract award process is not based on detailed specifications.Instead,this RFP is a"Solutions-Based Solicitation." NJPA expects respondents to understand and anticipate the current and future needs of NIPA and its members--within the scope of this RFP---and to propose solutions that are commonly desired or required by law or industry standards.Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 10 Page 642 of 770 3.37%ile NJPA does not typically provide product and service specifications,the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required,which ffie proposal can exceed in order to meet Memben'needs.NJPA mU award all of the resnondent's nroDosal or may limit th A Lwilld to a subset of the 2MRosal. 3 INSTRUCTIONS FOR PREP.....ARING YOUR PRa,POSAL ..... ........ ............... A. INQUIRY PERIOD 4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period. B.PRE-PROPOSAL CONFERENCE 4.2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP.Conference information will be sent to all potential Proposers,and attendance is optional.The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP` and NJPA's competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre-proposal conference are binding on the parties to an awarded contract. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4.4 These designated individuals should also act as the primary contact for marketing,sales,and any other area deemed essential by the Proposer and NJPA. D.PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 4.5 Any exceptions,deviations,or contingencies regarding this RFP that a Proposer requests must be documented on Form C,Exceptions To RMWsal.TermL Conditions And SgMons Reguest. 4.6 Exceptions,deviations or contingencies requested in the Proposer's response,while possibly necessary in the view of the Proposer,may result in to scoring or disqualification of a proposal. E.PROPOSAL FORMAT 4.7 All Proposers must examine the entire RFP package to seek clarification of any it or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4.8 All proposals must be propedy labeled and sent to"The National Joint Powers Alliance,202 12th Street NE Staples,MN 56479." 4.9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as to pages at the front of the Vendor's response. ne proposal must include these items. 4.9.1 Hard copy original of completed, signed,and dated Forms C,D,F; hard copy of the signed signabune-page only fi-orn Forms A and P from this RFP; Signed hard copies of all addenda issued for the RFP; 11 Page 643 of 770 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP;and jJ9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A,B,C,D,F,and P,your statement of products and pricing(including apparent discount),and all appropriate attachments.In order to ensure that your fiffl response is evaluated,you must provide an eleemnic version of any material that you provide in a hard copy fon-nat. As a public agency, NJPA's proposals, responses, and awarded contracts are a matter of public record,except for such data that is classified as nonpublic.Accordingly,public data is available for review through a properly submitted public records request.To redact nonpublic information firom your proposal (under Minnesota Statute §13.37), you must make your request within thirty (3 0) days of the contract award or non-award date. 4.10 All Proposal forms must be submitted in English and must be legible.All appropriate forms must be executed by an authorized signatory of the Proposer.Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 4.12 The Proposer must ensure that the proposal is in the physical possession ofNJPA before the submission d;a-line. 4,12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Openine and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checldng directly with the NJPA website for any addendums to this RFP. ;Ud—en6ma to this RFP can change the terms and conditions of the RFP,including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4J4 Upon examination of this RFP document,Proposer should promptly notify NJPA of any ambiguity, inconsistency, or ermr they may discover. Interpretations, corrections, and changes to this RFF will be considered by NJPA through a written addendwn. Interpretations,corrections,or changes that are made in any other manner are not binding,and Proposers must not rely on them. 4,11 Submit all questions about this RFP,in writing,referencing OUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIs Robinson at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Chris Robinson at(218) 895-4168. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered.NJPA may,however,field purely procedural questions,questions about NJPA-issued addenda,or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPIA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself,NJPA will create an addendum to this RFP. 4.17 IfNJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RYP itself,no further documentation of dot question is required. 12 Page 644 of 770 &11 Addenda are written is issued by NJPA that modify or interpret the RFP. All addenda issued y NIPA becometo all Potential Proposers deliverymethod of of the original RFP material. NJPA acceptsno liability in connection with the delivery of any addenda. Copies of addenda will also be made availableF i t www. ' ( t and Pending Solicitations")and from the NJPA offices. All Proposersacknowledge theircei t of all addenda in their proposal response. amendment4.19 Any to a submitted proposal must be in writing and mustdelivered y the submission e. 4.20 through 4.21 [These sections are intentionally l MODIFICATIONG. submitted4.22 A ust not be modified,withdrawn,or cancelled by the Proposer for a period of ninety ( following o submission o y proposal submitted may be modified or withdrawn by notice to the NJPA Procurement Such c s submitted in writing and mustinclude iProposer.The notice liv to NJPA before the deadline for submission of proposals and must be so worded as of to reveal the content ' 'nal proposal. The original proposal will note physically returned to the potential Proposer until after the official proposal opening. Withdrawnos y be resubmitted to the time designated for the receipt of the proposals if they fullyconform with the proposal instructions. PROPOSALH. OPENING PROCEDURE properly4.23 Sealed and identified responses for this RFP entitled WITH RELATED ACCESSORIES AND SUPPLIES will be receivedRobinson, Manager, at NJPA Offices,202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. 1 Proposal responsest be submittede i of the package must plainly identify PUBLIC SUPPLIES and the RFP number. To avoid premature opening, the Proposer must label response properly.NJPA documentsproposals At the ' lic opening, the NJPA Director of Procurement or a representative NJPA ProposalEvaluation i e will read the Proposer'snames aloud1 t e whether each submissionl- s ess. 1. J RIGHTS y exercise the fbilowingrights e RFP. 4L2411 Rejectproposals received in response to this RFP; 1.24.2 Disqualify y Proposer whose conduct or proposal fails to confbim to the requirwmts 4 24.3 Duplicate t limitation 1 materials submitted for purposesof RFP evaluation, and duplicate all public information to data requestsproposal; i t ti l i c o 1) s i if s submitted e, e modifications were requested ) the modifications proposalterms of the l its ; non-material&24.5 Waive any do is and procedures of this ; I Page 645 of 770 4.24coed a total Cntmcterm of A Extend the Contract,in increments determined by NJPA,not to ex ot five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NIPA; &L4.§ Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates.NJPA will not be liable for any errors in the RFP oro responses related to the RFP;and 4.24.9 Extend proposal due dates. 4 PRICING 5. NIPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at to prices and with better value than what they would ordinarily offer to a single government agency,a school district,or a regional cooperative. 5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service.While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract in 065 Millirm� Vendors are expected to anticipate additional volume through potential government,educationaL and not- for-profit agencies that would find value in a national contract awarded by NJPA. Aj Regardless of the payment method selected by NJPA or an NJPA member,the to cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5.4 All proposers must submit"Primary Pricing'in the form of either"Line-Itern Pricing,"or"Percentage Discount from Catalog Pricing,"or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot Ll "Sourced Products," and "Volume Discounts," as well as financing options such as leasing.All pricing documents should include a clear effective date. A.LINEUEM PRICING M Line-item pricing is a pricing format m which individual products or services am offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name,stock or part number,size,or functionality. This method of pricing may offer the least amount of confusion,but Proposers with a large number of items may find this method cumbersome. In these situations,a percentage discount finm catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. U All l' it pricing it must be numbered,organized,sectioned(including SKUs,when applicable), and prepared to be easily understood by the Evaluation Committee and members. M Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line it from other line it in each Respondee s proposal. 5.8 Line-itein pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., hficroso& Mel')in order to facilitate quickly finding any particular item oft For that reason,Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price to for such product or services. 14 Page 646 of 770 5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-itern price sheet,including any and all ancillary costs. 5.10 Proposers should provide both a published" "i List Price'as well as a"Proposed Contract Pricen their pricing matrix. Published List Price will be the standard "quantity of one' price currently available to government and educational customers,excluding cooperative and volume discounts. B.PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5&1 This pricing model involves a specific percentage discount from a catalog or list price,defined as a published Manufacturer's Suggested Retail Price(MSRP)for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount fiorn MSRP may be applied to all elements identified in MSRP,including all ; Zuf� m cturer options applicable to the products or services. 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be ible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting fiom this RFP. C.COST PLUS A PERCENTAGE OF COST 5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, ;Tc;table for pricing sourced goods or services. D.HOT LIST PRICING 5.16 Where applicable, a Vendor may opt too a specific selection of products or services,defined as "Hot List"pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line-item format.Products and services may be added or removed fi=the Hot List at any time through an NJPA Price and Product Change Form. &11 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items am clearly labeled as such.Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E.CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or am-vices be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time,for extample,to reflect volume discounts or to meet the needs of an NJPA Member. L.19 "a section Is intentionally blank] F.VOLUME PRICE DISCOUNTS/ADDITIONAL QUANTITIES 5.2gl through 5.23 [These sections are IntentionaRy blanL] G.TOTAL COST OF ACQUISITION 15 Page 647 of 770 The o f d services , ®cluding those payable by NJPA Members to either the Proposer or a third party,is the cost of the proposed equipment/products prot/ 1delivered for its intended purposee end-user's location. Fora 1 ,if you are proposing equipment1products ' reflectdock,your proposal should t the contract pricing doesfor delivery beyond Proposer's dock nor any set-up activities or costs associated with those delivery - c " . Any additional costs for delivery - should be clearly i lose . In contrast, a proposalt there are no additional costs of acquisitionif the productis delivered to and operational a -user's location. H. SOURCED GOOD or OPEN MARKET ITEM IJEA Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contracL This methodof procurement can be satisfied through a contract sourcingprocess. Sourcing options serve to provide a more completesolution to meet our members' needs. Sourceditems are generally deemed incidental to the total transaction or purchase of contract items. request5.26 NJPA or NJPA Members may products, equipment, and relatedservices n the scoperelated of this RFP, even if they are not included in an awardedVendor's line-item clist or These item am known as Sourceds or Open Market Items. L.22 An awarded Vendor y source such items to the extent that the items are identified "Sourced Products/Equipment" r` t Items" on any quotation issued in referenceto an NJPA awarded contract,and that this information is providedto either NJPA or an NJPA Member.NJPA is not responsible determiningfor o is an incidentalof the overall ase or whether a Member is ableto consider a Sourced Goodcontract. 5.28"Cost l a tage'pricing is an acceptablericin . I.PRODUCT&PRICE CHANGES 5.29 Awarded Vendors y request product or service changes, additions, or deletionst any time throughout the contract term. All requests must be made in written format by completingPrice and Product t Form(located t the and o ),signed authorized Vendor representative. All changes are subjectl by NJPA. Submit your requestso 1 to your iContract Manager and to PandP@njpacoop.org UJ NJPA will determine whether the request is both widdn the scope of the original RFP and in the best interests ofNJPA and NJPA Members. Price and Product Change Request to the Vendor contact through email. 5.31 The Vendor t 1)complete this change request form and individually 's 1 items subject o change, )provide a sufficientlyt ,and 3)include compete restatement of pricingc in appropriate format(preferably Excel). The pricingt must identify all products and servicest conform to the followingproduct and pricen con on (effactive pricingdate);for example, "COMPANY 0 1241 1effective 1 -2 1 ." 5.32 The new pricing restatement must include whose pricing remains unchanged,and t include a newthe pricing documents. This requirement u o ' e,current pricing sheet for each vendor and historical record of pricing. 5.33 ADDITIONS. New products and related services ct resulting from this t any time during that Contract term to the extent that those products and relatedservices e 1 Page 648 of 770 scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect now technology and improved functionality. L.34 DELETIONS. New products and related services may be deleted ftom a contract if an it is no longer available. ® PRICE CHANGES. A Vendor may request pricing changes by providing reasonable jus tificatio n for the change. For example, a request for a 3% ' c ct line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely,a request for a 3%increase in prices based only on a 3%increase in a cost-of-living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs,prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Arice decreases:NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 throug 115.3 7 [Theme sections are intentionally blank] ® u Proposers representing multiple manufacturers, or canrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through, SA3 [These sections are intentionally blank.] K. SALES TAX L44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided.Each NJPA Member is responsible for providing verification of tax-exempt status to die Vendor. When ordering,NJPA Members must indicate that they are tax-exempt entities. Except ass forth herein, no party is responsible for taxes imposed an another party as a result of or arising flom the transactions under a Contract resulting fiom this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping.NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency.But to the extent that shipping costs we determined to disproportionately increase a Vendor's profit, NJPA may reduce the points awarded in the "Pricing!' criteria. 5 4fi Iblough 5.47[These sections are Intentionally blank.] §.41 All shipping and restocking fees must be identified in the price program.Certain industries providing made-to-order products may not to returns.Proposals will be evaluated nota on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 17 Page 649 of 770 5&2 ggyh 5.50[Then sections are Intentionally blank.] 5.51 Delivered products must be properly packaged.Damaged products maybe rejected.If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member.NJPA and NJPA Memben reserve the right to inspect the products at a reasonable time subsequent to delivery where ciremstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval ftom NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5. Throughout the term of the Contract,Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. EVALUATION OF PROPOSALS A.PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate propost als received based on a 1,000 poin luation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible soores.for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP.(For example,if the"Warranty"criterion does not apply to a particular RFP,the points normally awarded under" "may be used to increase the number of potential points in another evaluation category or categories.)The"Pricing"criterion will contain at least a plurality of points for every RFP. 6.2 NIPA uses a scoring system that gives primary importance to"Pricing,"But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value.The evaluation committee may consider such factors as life-cycle costs,total cost of ownership,quality,and the suitability of an offering in meeting NJPA Members'nee ds.Pricing points may be awarded based on pricing clarity and ease of use.NJPA may also award points based on whether a response contains exceptions, exclusions,or limitations of liabilities. &L'The`NJPA Board of Directors will consider maldng awards to the selected Propo )based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under"Proposer Responsiveness," found just below. B.PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions,it may be considered nonresponsive. 18 Page 650 of 770 6.5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness,which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level-One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6,2 is properly addressed and identified as a scaled proposal with a specific RFP number and an opening date and time; 6.6.31 contains a pricing document(with apparent discounts)and all other forms fully completed, even if "not applicable"is the answer; includes the original(hard copy)completed,dated,and signed RFP forms C,D,and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and,if applicable, all signed addenda that have been issued in relation to this RFP; contains an electronic(CD,flash drive,or other suitable)copy of the entire response;and J.7 Level-Two Responsiveness(including whether the response is within the RFP's scope)is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance.Each it draws from multiple questions,and a Proposer's responses may affect scoring in multiple evaluation criteria. For example,the answers to Industry-Specific Questions may help determine scoring relative to a Proposer's marketplace success,ability to sell and service nationwide, and financial strLmgth. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C.PROPOSAL EVALUATION CRITERIA 6.8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength Industry Requirements and Marketplace Success ".8. Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.&5 Other Cooperative Procurement Contracts Value-Added Attributes Payment Terms and Financing Options 6.8.8 Warranty EquipmenttProducts/Savices J.8.10 Pricing and Delivery j.8.11 Industry-Specific Questions L.2[This section Is Intentionally blank.] D. OTHER CONSIDERATIONS 19 Page 651 of 770 ti responses, obligation i ` is not provided in +e is response. NJPA may, however, consider additionalinformation out ' S research may include es as the Proposer's website, industry li , listed references,and user interviews. y o into s classes subcategories, f +responses. ( , NJPA migbtciv numerous submissions for "Widgets 1 s and Services." NJPA may organize these responses into subcategories, such s of fully operational Widgets,manufacturers of component parts for Widgets,and providers of parts and service for Widgeft.NJPA reserves the right to award Proposers1 of such t out regard to the evaluation score given to Proposers in another subcategory.This specifically ally mightVendors that t have,for` s s of Proposerso subcategory, that nonetheless t a substantial and articulatedof NJPA . 6.12 [This setetion is Intentionally blank] right6.13 NJPA reserves the to request and test equipment/products1 services and to seek clTrification fi-om Proposers. Before the Contract , the Proposer mustthe requested information within three (3) days(or within another agreed-to time fimme) or provide an explanation for the delay along with a requested time frame for providing the requested information.Proposers must make reasonableto supply test products promptly. All Proposeris remain the property of the Proposer, such c evaluation process. NJPA may make provisional awards,contract subject to a Proposer's proper response to a request for information or products. Proposer's past performance under previously awarded contracts to schools,governmental agencies, and -for-profit entities is relevanti o r's current response. Past performanceincludes e is record of conforming to published specifications and to standards of good workmanship,as 11 as the Proposer's history for reasonable and cooperative beh io for commitment to Member satisfaction, o roes not,by itself,merit positiveconsideration fo award.contract "A NJPA reserves the right to rejector all proposals. E.COST COMPARISON 6.16 NJPA may use a variety of evaluation methods,including cost comparisons of specific products.NIPA reserves the right to use this processo evaluation et e t this will help to make a final determination. . 7 This direct cost comparison cess will award points for being low to high Proposer for each cost evaluationitem s "of identical or substantially similar)equipment/products related services may be selected by the proposaltion committee,and the unit cost will be used as a basis for detwmining the point value. NJPA will select the" l appropriate product categories as determined by NJPA. F.MARKETING PLAN Proposer's marketingt is a critical component of the RFP response. Vendor's force will likely a of communication with NJaffect the contract's success. Marketing success depends on communicating the contract'svalue, knowing the contract thoroughly, and communicating e of contracted products and services to the end user. Muchof the success and sales reward is a direct result of the commitment to the contract by the awarded Vendoes sales teams.NJPA reserves the right to deem a Proposerel- nonresponsive or not to award a contract based on an unacceptablet n . 20 Page 652 of 770 6. NJPA marketing expectations include the following components. j._19.1 An awarded Vendor must demonstrate the ability to deploy anti l sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and sei-vice products through acceptable distribution channels to NJPA members in all 50 states. Proposers' responses should firfly demonstrate their sales and service capabilities,should outline their national sales force network(both numerically geogmphically),and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing,but NJPA encourages related services to be a part of Proposers' response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service,NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. ® Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide.NJPA desires a marketing plan that communicates the value of the contract to as many Members as possible. §.IM Proposers are expected to be receptive to NJPA trainings.Awarded Vendors must provide an appropriate training venue for both management and the sales force.NJPA commits to providing training on all aspects of communicating the value of the awarded contract,including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19A Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract.Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NIPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. f.19. 1 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NIPA at NJPA-ezidorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract- specific marketing materials including the following items. L12s.6.1 Complete Marketing Plan. Proposers mutli st submit a marketing plan ouning how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NIPA. LU.6.2 Printed Marketing Materials. Awarded Vendors will producai e and mntain fall color print advertisements in camera-ready electronic format,including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract ann uncements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals,and other direct or indirect marketing activities promoting the awarded NJPA contract. 21 Page 653 of 770 L).19.6A,Proposer'sWebsite. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website.An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples,MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a is tin process to facilitate NJPA mernbership and establish status of current and potential agencies/members. Proposer should fluther express their commitment to capturing sufficient member information as is deemed necessary by NJFA. G. CERTIFICATE OF INSURANCE 6 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance(COI)or an ACORD binder form with their proposal.Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification,in the form of a Certificate of Insurance,identifying the coverage required below and identifying NJPA as a"Certificate Holder."The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting fimm this solicitation. &22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process.Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal,NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award,the awarded Vendor must provide the Certificate of Insurance identi*ing the coverage as specified. §J .1 Insurance Liability Limits.The awarded Vendor must maintain,for the duration of its c 1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of$1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. §4n.1 Minimum Scope and Limits of Insurance. A n a w a r d e d Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form!'basis. Commercial General Liability—Occurrence Form Policy shall include bodily injury,property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements:The limits listed in this RFP an minimum requirements for this Contract and in no way limit any ' i covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, re7resentatives, employees, or subcontractors, and t he Vendor i$ free to purchase additional insurance as may be determined necessary. 6 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized tD do business in the State of Minnesota and with an"A.M.Besf'rating of not less thim A-VII. NJPA does 22 Page 654 of 770 not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. IN Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furmish to NIPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H.ORDER PROCESS AND/OR FUNDS FLOW §ILNIPA Members typically is a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP.Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA's Members. 6.28 [This section is intendonally blank.] I.ADMINISTRATIVE FEES 1.22 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 619.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to,the pricing included in Proposer's response to the RFP.Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order too the administrative fee. fi.22.3 The administrative fee is designed to cover the costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tub relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent( %). While NJPA does not dictate the particular fee percentage,we require that the Proposer articulate a specific fee in its response. For example,merely stating that"we agree to pay an administrative fee" is considered nonresponsive. NPJA acknowledges that the admimstrative fee percentage may differ between vendors,industries,and responses. §.294 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. &3Q tbrouZb 6.32 [This section Is Intentionally blank.] J.VALUE—ADDED ATTRIBUTES 6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency,ordering,or other items while remaining within the scope of this RFP. 23 Page 655 of 770 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses- Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE(or other)status for both their Organization and for any affiliates(e. ., supplier networks)involved li terms of this RFP.The abilityf a Proposere preferred business entity "credits"to NJPA and NJPA Members under a Contract will be evaluated positivelyy NJPA and reflected in the"v °'aiea of the evaluation, 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the productsices they purchase."Green"characteristics da ons Proposers 11 be evaluated positively by NJPAi "value added"area of the evaluation. Pleaseidentify y green characteristics of any offering in your os identify the sanctioning determining t characteristic. Where appropriate,please indicate 'c certified agency.green and by which certifying §JJ Online Requisitioning Systems:When applicable,online requisitioning systemswill be viewed as a characteristic. Proposers should demonstratesystem in Members,for NJPA including 'r current t or enterprise planningresource (ERP)systems into 's ordering . o o financingsolproducts serv® ' be . Technological t appreciably services will ®be considered ' u . FORMALITIESK.WAIVER OF JZ. NJPA reserves e right or formalities(or to accept minor irregaMties) ` o , when it determinest considering the proposalest interest of its Members. SUBSEQUENTA. AGREEMENTS products11 Purchase Order. Purchase orders for and servicesy be executed e and the awarded Vendor( r Vendor's sub-contractors)under this Contract.NJPA must indicate an the face of such i c is issued under NJPA contract #XXXXXr'(insert the relevantc ). Purchase order flow1 be developed jointly Vendor after an award is made. 7 s must be construed in accordancelaws o competent jurisdiction with respect to the Member. ( so Section 8.5 of this .) All provisions required y law to be includedin the purchase order should be read and enforced as if they were included. mistakeIf through otherwise any such provision is not included, upon application either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arisingout of disputes related to purchase order will be a court of competent jurisdiction with respe ZJ Additional Terms . Additionalt conditions proposedy NJPA,NJPA Members, or Vendors. Acceptance of these additionalterms and conditions i optionalto all parties to the purchase order. One purpose of these additional terms and conditions is to addressjob-or industry-specificis of law legislation. and conditions may so include ci c local policy requirements and standard businessc of the issuing Member or the Vendor. Suchconditions of considered i that they interf=with the general purpose,intent,or currentlyet lis terms and conditions 24 Page 656 of 770 document.this RFP For example,a Vendor and Membery agree to add a"tiet 30"payment requirement to the purchase order instead of applying a"net 1 "requirement.But the added terms and conditions not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7.4 Specialized Service Requirements. In the event t the NJPA Member desires service or specialized c (s specifications, specialized del requirements, or other specifications ss l ' is e NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract service specialized requirements require pre-approval y the Vendor. Any separate agreement developed to address these specialized ce requirements is exclusivelye NJPA Member and Vendor. NJPA, its agents, and employeesll not be made a party to any claim c t. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specializedservices not identified of or within the scope of the awarded Contract. 7.5 Performance Bond. At e request of the Member, a Vendor will. provide all performance bonds typically ' y required in their industry. Theseo ll be issued pursuant to the purchaserequirements of orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency,NIPA recommends that the current pending purchase order be canceled. Each Member has the final decisioncontinuation. bondingMember's laws,or by local policyis to be mutuallyagreed and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Managema t- e Contracts can be initiated resultingis RFP at any `time during the term of this Contract. Such a contract could involve, for example, picking up, storing,repairing, inventorying, 1vaging, and delivery products falling scope of thisContract. The intentionusing t Contracts is to promote the long-term efficiency con (among i e use of products. Management Contracts of be createdunless they are executed withine authorized term of a Contract s e actual term of the Asset Management Contract may, extendto of this Contract. B.NJPA MEMBER SIGN-UP PROCEDURE 7.7 Awarded Vendors are responsible 'li ` sales and serviceforces of NJPA membership documentation and will encourage and assistt establiddrig membership with NIPA.NJPA membership is availablet no cos4 obliption,or liability to the Member Vendor.or the C.REPORTING OF SALES ACTIVIW 7.8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NIPA Members as it applies to this RFP and Contract. This mport.must include amountand address of the purchasing agency,Member number, of purchase,and a description of the items L&I Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless the amount of sales. D.AUDITS L.9 NJPA relies substantially l efforts of both Members and awarded Vendors to products,ensure that Members are obtaining the services, ic` , and other benefits under all NJPA Nonetheless, the Vendor must retain and make availableto NJPA all order and invoicing 25 Page 657 of 770 documentation related to purchases that Members make firom the Vendor under the awarded Contract NJPA t not request such information more than onceJ c fourteenrequests in writing with at least (1 ) s'notice.NJPA may employ an independent auditorat its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fiffly with NJPA or its agentsin order to ensure complianceContract. specialE.HUB PARTNER 7.10 Hub Partner:NJPA Members may request ` r"for complyingof 1 ,or rule that an NIPA Member deems to apply in its jurisdiction. Partners y bring value to the proposed transactions through consultancy, through qualifying disadvantaged business entity cre 'ts,or through other means. 7.11 Hub Partner Fees:NJPA Members are responsibles s,costs,or expenses that anse under this Contract for special aw-vice provided by the Hubes,costs,or expenses levied by the Hub t be clearly itemized C To the extent that the Vendor standschain of title during a transactiont clearly indicate i i "Executed or r e ." F.TRADE-INS L.12 The le in US Dollarsi ll be negotiated ,and an Awarded Vendor. identified - n"value shall be viewed as a downcredited in fall purchaseagainst the NJPA price identified issued procurement contract.The full 1 be consideration. G.OUT OF STOCK NOTIFICATION 2.13 The Vendor must immediatelynotifyorder an out-of-stook item. The Vendor t alsot 1 the Member when the item will be available and whether there are equ substitutes. The Member must have the option of accepting the suggested substitute 1' item ftom the order. Under o circumstance may the Vendor make unauthorized substitutions. ll r substituted item muste pacidng list. H.CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.14 NJPA reserves the right to cancel all or any part of t if the Vendor fails to fulfill any m;t—erial obligation,term,or condition as described in the followingc d y such termination for cause, e NJPA will provide written noticeto the Vendor,an opportunity to respond,and a reasonable opportunity to cure e breach.The followingles of material breaches. products services t not reasonable quality standards not remedied under the warranty; 7.14.2 The Vendor Is to ships or to provide the services within a reasonable ZiTmt o ; NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract,NJPA issues t for assurance,and the Vendor is to ; 214A The Vendor fails tll any of the material terms and conditions of the Contract; 7.14.5 The Vendor is to follow the established procedure for purchase orders,invoices, or receipt of fimds as establishedr; 26 Page 658 of 770 2,14&The Vendor fails to properly report quarterly Wes; 7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.15 Upon receipt of the written notice of breach,the Vendor will have ten(10)business day's to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contracti y.ffNJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA's authority taimmediately terminate the Contract for continued breaches for which notice was given to the Vendor.Termination of the Contract for cause does not relieve either party of the financiaL product,or service obligations incurred before the termination. 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or sus pensionaldisbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty(60)days' written notice oft Termination of the Contract without cause does not relieve either party of the financial, product,or am-vice obligations incurred before the termination. 7.18 NJPA may tel terminate any Contract without Iluther obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of NJPA has colluded.with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities,in the form of entertainment,gifts or otherwise,were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations am effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial,product,or service obligations incurred before the termination. 8 ENERAL TERMIS AND CONDITIONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 9.1 ProposerNendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B.APPLICABLE LAW 8 [This section is intentionally blank.] 8.3 NJPA Compliance with Minnesota Procurement Law:NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA's solicitation methods am also created to comply with many of the various requirements that our Members must sati*in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8A Governing low with respect to delivery and acceptance: All applicable por1ions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 27 Page 659 of 770 8.5 Jurisdiction:Any claims that arise against NJPA pertaining to this RFP,and any resulting contract that Tevelops between NJPA and any other party,must be brought only in courts in Todd County in the to of Minnesota unless otherwise agreed to. LLA Purchase orders or other agreements created pursuant to a contract resulting firom this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member.Any claim arising fium such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. S. [This section is intentionally blank] 8.8 indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA's liability is governed by the Minnesota Tort Claims Act(Minn. Stat. §3.736)and other applicable law. 8.9 Prevailing wage:The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement:The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and an suits, claims,judgments,and costs instituted or recovered against the Vendor,NJPA,or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C.ASSIGNMENT OF CONTRACT 9.11 o ' or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written pmmission of the NJPA. NJPA will notify Members by posting approved assigaments on the NJPA website(www.n'gacoo".or I --- L12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract,a successor-in-interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D.LIST OF PROPOSERS L.13 NJPA will not maintain a list of interested proposers,nor will it automatically send RFPs l to them. Al interested proposers must request the RFP as a remit of NJPA's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers,NJPA has determined this to be the best method of fairly soliciting proposals. E.CAPTIONS,HEADINGS,AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F.DATA PRACTICES §J .1 All materials submitted in response to this RFP become NJPA's property and become public records (under Minn. Stat. §13.59 1)after the evaluation process is completed.If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic infmmation (as defined by the 28 Page 660 of 770 Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. LI& The Proposer must make the request within thirty (30) days of the award/nonaward notificaticii, and include the appropriate statutory justification.Pricing, marketing plans, and financial information is generally not reclactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted.UNJPA determines that it must disclose the information upon a proper request ars information, NIPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeldng release of the materials that it believes to be nonpublic information,and it must indemnify and hold harmless NJPA,its agents,and employees, fi-om any judgments or damages awarded against NJPA in favor of the party requesting the materials,and any and all costs connected with that defense.This indemnification survives the term of any contract awarded under this RFP.In submitting a response to this RFP,the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 8.16 [This section Is Intentionally blank.] 0.ENTIRE AGREEMENT BJ11 This Contract,as defined herein,constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award&Acceptance document(Form E). .F MAJEURE &11 Except for payments of sums due,neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its It or negligence including,but not limited to,the following: acts of God, is of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks,blizzards, it storms, volcanic eruptions,meteor strikes,famine, sink holes,avalanches,lockouts,injunctions-intervention-acts, terrorist events or failures or refusals to act by govwnmentauthority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring f=e majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufachrer's plant or elsewhere,an oversold condition of the market,inefficiencies,or other similar occurrences. If either party is delayed at any time by force majeure,then the delayed party must(if possible)notify the other party of such delay within ft(48)hours. ,12 &gilgh 8.20[These sections are Intentionally blank.] 1.LICENSES L21 The Vendor must maintain a valid status on all required federal,state, and local licenses,bonds,and its required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed(where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities,if applicable,should be included in the Proposer's response to this RFP. 29 Page 661 of 770 1.MATERIAL SU PPLIERS AND SUB-CONTRACTORS L23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or an NIPA Member. K.NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder,nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting finm this RFP constitutes a waiver of either party's right to demand exact compliance with the terms hereof.Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. L.PROTESTS OF AWARDS MADE 8 And protests must be filed with NJPA's Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name,address,and telephone number of the protester, §.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 9.25.5 A precise statement of the relevant facts; 9.25.6 Identification of the issues to be resolved; j,jL.7_The aggrieved party's argument and supporting documentation; 8.25.8 The aggrieved party's statement of potential financial damages;and LZAL9. A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. M. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawflally terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment,the duration of the suspension or debarment,and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. N.AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affumative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 30 Page 662 of 770 818 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction firom.this RFP.Vendors must comply with any such requirements or requests. 0. SEVERABILITY 8.29 Jn the event that any of the terms of a Contract resulting firom.this RFP are in conflict with any rule, I aw,or statutory provision,or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting firom this RFP. P.RELATIONSHIP OF PARTIES &a No Contract resulting fi-om.this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors,each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create,nor is to be construed as creating,a partnership,joint venture,master-servant, principal-agent,or any other,relationship.Except as provided elsewhere in this RFP,neither party may be held liable for acts of omission or commission of the odw party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 31 Page 663 of 770 Form (Products,Pricing, for Specific, Services, Term and Warrantyare addressed on Form Proposer Name: ........ Questionnaire completedy: . identify the person NJPAo s : Name: 1 ss: Please answer the questions below usingis allows NJPA evaluators t and pasteto worksheet.Placeto s 'on.NJPA prefersbrief but thorough response to each question. 1 1y attach additionalo s out also providing a substantive response. o not 1 "if the questiono of apply toy (preferably with an explanation).Please create a response that is easy to read and understand. For example,you may considerusing different font and color to distinguish your answer from the questions. Compapj 1) Provide the fulll 1 name, mailing and email addresses, tax identification number, and telephonenumber business. Provideis of youry,including a company's core values,business philosophy, longevity the I . } Provide a detailed 'on of the products and am-vices that you are offering in your proposal. 4) What are your company's ec 'ons in the event o ? 5) Demonstrate your ci strength and stability , This could include such items as financial statements,SEC filings,credit and bond ratings,letters of credit,and detailedletters. } What is your US market share for the solutions that you are proposing? t is your Canadian market share,if any? Has your businessbankruptcy protection?Please explainin detail. 8) How is your organizationest :is it a manufacturer,a distributor/dealer/reseller,or a service ? Answer whicheveri )or )just below)best appliesto yourorganization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your authorization to act as a distributor/dealer/resellerf the products proposed in this RFP. If applicable,is your dealer network independent or company owned? } If yourcompany is best described as a manufacturer or servicel e your relationshipyour sales and service force and with your e ' the products and services proposed in this . Are these individuals your employees, the employees of a third party? } If applicable,provide a detailedexplanation outlining the licenses and certificationst are both , actuallyand l ,by your organization(including c t you use)in 't of the business contemplated by this RFP. 1 )Provide all" io or is et"information t has appliedto your organization during the past ten years. 11}Within this RFP categorybe subcategories of solutions.List subcategory e r services.products and 32 Page 664 of 770 }Describe any relevant' o i ' company has received in the past five years. 1 } Supply three references/testimonialscustomers li ' 1 for NIPA membership. At a minimum, please ' cl ,and phone number. 1 ) Provide a list of your top five governmental or educational customers i ),including e state the entity is located in,scope of the projects,size of transactions,and dollar volumes . ) Indicate separatelyt of your sales are to the government and education sectors in the past 1 ) List any state or cooperative purchasing contracts that you hold. t is the annual sales volume for each of these contracts over the past thm years? 1 ) List any GSA contracts that you hold.What is the annual sales volume for each of these contracts over years? PrOtN,1%Cr',%Ahikn to Sell and Defiver Service Nationwide I } Describe your company's capability JMember'sneeds acrosso t least the foo . } Sales force. } Dealer network or other distribution . } Service force. Pleaseinclude ail ,such as the locations f your network of sales and service providers,the number o (full- timeequivalents) involved l (or employees of a third party),and any overlap between the sales and service functions. I ) Describe ' '1 the process and procedure of your customer c , if applicable. 1include response-time ili 'es and commitments,as well as any incentivest help your providers meet your stated service goals or promises. 20) a)Identify any geographic areas of the United Statest you will NOT be fully serving through the proposed contract. I (i.e., government, education,not-for-profit)that you will NOT be fully through e proposed contract. Please explainle, does your company have only a regional presence,or do other cooperatives' contracts limit your abilityt o contract? 21}Define any specific contract requirements or restrictionst would applyto our Members in Hawaii and Alaska and in US Territories. LtjPlan 22) If you are awarded a contract, howwill you train your sales management, dealer network, t sales teams (whichever apply)to ensure maximumimpact? 1 clu will communicate your NJPA pricing and other contract detail to yours force nationally. }Describe your marketing strategy for promotings contract i Please include representative samples of your marketing materials in l ni . 4)Describe your use of technology1 data (e. ., social effectiveness. 33 Page 665 of 770 25) In your view,what is NJPA's role in promoting contracts arising out of this RFP?How will you integrate an NJPA- aww-ded contract into your sales process? 26)Are your products or services available through an e-procurement ordering process?If so,describe your e-procurement system and how governmental and educational customers have used it. Vdu-k–AdM AMM—tes 27)Describe any product,equipment,maintenance,oro training program's that you offer to NIPA Members.Please include details,such as whether training is standard or optional,who provides training,and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29)Describe any"green"initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30)Describe any Women or Minority Business Entity(WMBE) or Small Business Entity(SBE) accreditations that your company or hub partners have obtained. 3 1)What unique attributes does your company,your products,or your services offer to NJPA Members?What makes your proposed solutions unique in your industry as itspplies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms,Warranty,Products/Equipment/Serviceii,Pricing and Delivery,and Industry Specifte Items are addressed on Form P. Signature: Date: 34 Page 666 of 770 Form B PROPOSER INFORMATION i / is Toll-FreePhone: Fax: . E-mail: Website, : COMPANY !E'R.SONNEL Authorized a for i.wir organkation Email: Phone: The person identified here must have proper signingori o sign t "Proposer's Assurance of Compliance"on behalf of the Proposer. Who r Title: 1: on : Who is ' for this gro I? Email: Ofhpr t contect information._ Name: Title: Email: Phone: Name: Title: Phone: 35 Page 667 of 770 Form C EXCEPTIONS TO PROPOSAL,TERMS,CONDITIONS. Company Name: AND S!2LUTIONS REQ ....... ................... Any exceptions to the terms,conditions,specifications,or proposal forms contained in this RFP must be not in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NIPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term,Condition,or NJPA ACCEPTS SI"vcification Excvnilon............... 2 .. ............................. ......... .............. ............ - —---- ....................... ............ ................ ............... Proposer's Signature: ............ Date: idPA's darifleation on iii-eptlows Usted above: ——----- ........... 36 Page 668 of 770 ContractAward RFP 1#012410 FORM D Formal Offerlw_,,of Proppsal (To be completed only by the Proposer) �UBLIC uTiLiTy EQuipmENT wrrH RELATED ACCESSORIES AND SUPPLIES In compliance with the Request for Proposal (RFP) for ounic UTILITY EQuipmENT WrrH RELATED ACCESSORIES AND SUPPLIES, jhe undersigned warrarits that the Proposer has examined this RFP and,being familiar with all of the instructions,tmms and conditions,general and technical specifications,sales and Service expectations,and any special terms,agrees to flumish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the fall responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. CompanyName: ............... .......... Date: ........... .............. City.-, State- zip: --------- CAGE Code/Duns&Bradstreet Number: ...........- Cant actPerson: Title: -—-------------- .................... Authorized Signature: -—--------------- (Name printed or typed) 37 Page 669 of 770 9 Form E w Contracte t be co O ) NJPA,#012418 .. _............................._. Proposer's full legal Your proposal is hereby accepted,and a Contract is awarded. As an awarded Proposer, u are now boundto provide the defined products and services contained in your proposal offering according ,conditions,and pricingset forth in this RFP, J{pamendments to this RFP,your response,and anyexceptions acceptedy The effective start date of the Contract will be20til- .___ ........................................_._� ............... n date _-_..... .__ ( o laterlater io o f the currently awarded c f ' tcontract may be extended for a fifth ' t a . National oft Powers AllianceS NJPA Authorized signature: NJPA Executive Director (Name printed or typed) Awarded this y o ......__....... 20111111--.-1 _ NJPA Contract Number #0124181 AuthorizedNJPA signature: J e printed or typed) Executed s y o .................................................._.. 20______............... Contract Number 1#01241 .I The Proposer y accepts this Contract award, ` c ll accepted exceptions and NJPA clarifications. Vendor Vendor Authorized signature: _._. . - ___......__.............. _ _... (Name printed or typed) Tide: Executed s dayof 0.... NJPA Contract NumberI WI 24 181 3 Page 670 of 770 Form F PROPOSER ASSI,,,RANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned,authorized representative of the entity subn-dtdng the foregoing proposal(the"Proposee),swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licensw necessary for such delivery to NJPA members agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer,or any person representing the Proposer,has not directly or indirectly entered into any agreement or anwigement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA,in an effort to influence the pricing,terms,or conditions relating to this RFP in any way that adversely affects the f1ree and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the to=, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract,provide to NJPA Members the/products and services in accordance with the terms, conditions, and scope of this RFP,with the Proposer-offered specifications,and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts,purchase orders,or means that are acceptable to NJPA Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal,state, and to laws,regulations,rules,and orders. 7. The Proposer understands that NJPA will reject RFP proposals that am marked"confidential" (or' lic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a 11rade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers noripublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left Intentionally blank. Signature page below] 39 Page 671 of 770 signingBy I is acknowledging that he or she has read,understands,and agreesto comply with the terms specifiedand conditions . Company e: --------- Address: __Address: i ! i Authorized 3 : ........ Authorized Name (printed):_......._... _ _ ......... Title: _ _........... ..,..... . Date., Notarized Subscribed sworn to before me this _ ......... day of _...,2 _ ......._ My commission s: Signature: 40 Page 672 of 770 Form For the Proposed Subject SUPPLIES Conformance to RFP Terms and Conditions 5 ----- Financial Viabilitycc Ability to Sell and Deliver Service Nationwide 100 _ I ........ ------- Marketing 50 _ o Value-Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products 1 200 Smvices--.—.,-. Pricing 400t TOTAL e e�vM POINTS 1004 Reviewed by: _ Its ........ . Its 1 Page 673 of 770 Emm—PE 0 PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Speeffic Questions ProposerName: ...... ............ .....-------- ----------- Questionnaire completed by: . ........ ftyfflLnj TIrms and FinapSLng Qptions 1) What=your payment terms(e.g.,net 10,n t 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. 3) Briefly describe your proposed order process.Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. 4) Do you accept the P-card procurement and payment process?If so,is there any additional cost to NJPA Members for using this process? Warraw-% 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties,but at a minimum please also answer the following questions. • Do your warranties cover all products,parts,and labor? • Do your warranties impose usage restrictions or other limitations that adversely affwt coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair9 • Will you cover warranty service for it made by other manufacturers that are pad of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return pmgrams and policies? 6) Describe any service contract options for the items included in your proposal. PLJS1RLPS11XerX,AudltLAnd Administralve Fee 7) Provide a general narmtive description of the equipment1products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NIPA discounted price)on all of the it that you want NJPA to consider as part of your RFP response.Provide a SKU for each item in your proposal.(Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 42 Page 674 of 770 9) Please quantify the discount range presented in this response.For example,indicate that the pricing in your response represents is a 50%percent discount from the MSRP or your published list. 10)The pricing offered in this proposal is a.the same as the Proposer typically offers to an individual municipality,university,or school district. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing depailments. d.other than what the Proposer typically offers(please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating"sourced"products or related services, is may be referred to as"open market" items or"nonstandard options".For example,you may supply such items"at cose'or"at cost plus a percentage,"or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that am not directly identified as freight or shipping charges. For exarnple, list costs for it like installation,set up,mandatory training,or initial inspection.Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member,describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Ala"Hawaii,Canada,or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your propoW. 17)Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA.This process includes ensuring that NJPA Members obtain the proper pricing,that the Vendor reports all sales under the Contract each quarter,and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing,and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industff- Be n 19)Describe how the equipment you propose in response to this RFP simplifies the operation for end-users. 20)Provide examples ftom your product offering that are not available from most competitors in this industry. 2 1)Explain how your equipment in dus category reduces down-time on the j ob site. 22)Explain how your company has integrated technology into your equipment to provide efficiencies and analytics to save time and costs on the job. 23)How does your manufacturing process eliminate to and non-value added options to keep price increases to a minimum? 43 Page 675 of 770 24) Explain how your distributors are set up to provide service and support for equipment in this industry. 25)Identify how your products, services and supplies address the scope of this RFP. Signature: ............ ................... Date: ................ 44 Page 676 of 770 10 PRE-SUBMISSION CHECKLIST Electronic Copy Chedcwhen Hard Copy RequiredRequired-CD or Completed a Your Bid Proposal Signed and DatedIDrive For sr Questionnaire withall questions answered pletely X-s g nW re p8 For :ProposerInformation Fo : ceptions to Proposal,Terms, Conditions,and Solutions Request f For :Formal Offering of Proposal X Form E.Contract Acceptance I For F:Proposers Assuranceof Compliance ForProposer Questionnaire withall questions answered lly X-signature pao,e only X i Certificate of Insurance i 1.5 million coveragei i Cony of all RFP Addendums issued by NJPA X1— Pfldmg for all Prod ucts/Equi p ment/Se rvices within the RFP being proposed Entire Proposal submittal including signed II forms in the Hard Coy Required Signed and Dated should be Inserted in the front of the submitted response,unbound. Package containing your proposal labeled and sealed i the following language: 1"Competitive Proposal Enclosed,Hold for Public Bening -X -XXX " Response Package mailed and deliveredrioro deadline o: NJPA,202 12th St NE, tills, S Page 677 of 770 11 NJPA VENDOR PRICE AND PRODUCT CHANGE RE(JUESTFORM Section 1. Instructions for Vendor Requests for product or service changes,additions, r deletions willt any ' t the awarded 1 requests must clainpleting ,3,and 4 of this NJPAe-oe and Product e ` section 1 se to reviewy li o ' i f cer. Submit St it y assignede ` determineNJPA will is t scope of " 1 2) in a tinterests NJPA and NJPA Members. Approvel Price and Product ` 1 be signed and emailedto the contact.Vendor 'fhe Vendor must complete t ll lit l i services subject 'on o f tinclude 1c t su ci y restatement 'c' t in an a 'ate format (preferaWy Microsoftc 1 document must all products and servicesge=� conform to the followingNPAroduc change i vn` n: r e J o t )(effective 'ci );for 1 ,V c idget Company#0 1 1 - 1 1-2017.' NOTE: Now pricingrestatements s include1 ` r ` have civ a 'c' s. ` i e con include a new"e ion y single,current pricing sheet for each Vendor and creates a historicalpricing. ADDITIONS. New products c to a contract if such a scope of the original RFP. relatedDELETIONS. New products and `ces may be deletedi ,for example,they are no longer available have of to a point where they are outside the scope of the RFP. example,PRICE CHANGES: Vendors request price c i ci tiear change. For a Vendor that ys products that require substantiall - lat t request a 3% price mcrease because o %increase in petroleumcosts. Price e ex ects Vendors tose their very best pricesanticipates t price reductions occur because of improverlechnologies or mnracrUplace efficiencies. PHce increases: Acceptable price increases typically resultfromi s cost inc t include reasonable justification price ` must r le,a merely istatements about an increase s- f-livingn e attached to this form,including such items as letters from suppliers s. Refer to the RFP for complete"Pricing"details. Seeflon 2.Vendor e and Type of Change Request C : AWARDED Products/Servioes vices Deleting Price Increase NJPA CONTRACT NUM33ER: El Price Decrease 46 Page 678 of 770 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted fi-om the previous contract price list, along with the percentage change fbr each item or category. (Attach a separate,detailed document if changing more than 10 item.i ........... Provide a general statement and documentation explaining the reasons for these price and/or product changes. EX4AfPLES- 1) "All pricing for paper products and services are increased 5% because of increased raw material and framportadon cosis (see attached documentation of el and raw materials-increase)." 2) "7he 6400 seriesfloor polisher is in added tote product list as a new model, replacing the 5400 series. The 6400 sMes 3%increase reflects technological changes that improve the polisher's efficiency and unful life The 5400 series is now included in the "Hot List"ed a 20% discount 1�,m the previous gking until them�aiii��'inventoi--r,isll ui&ted" ................... If addinu.products, state how these are within the solj? .................. . ......... .............. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract ................. 47 Page 679 of 770 Section 4. Complete Restatement of Pricing Submitted restatement of the `c' ,including existing s and services is attached emailedand has been a is Contruct Administrator. 0 Yes 0 No Section 5.Signatures Vendor Authorized Signature ... ... Print®. Name and Title of Authorized Signer DirectorJeremy Schwartz,NJPA CooperativeDate 48 Page 680 of 770 E, t m . Via, Appendix A NJPA The National Joint i e ), on behalf of NJPA and its cunwt and potential Member agencies, which includes , higher education, - not-tribal for-profit, 1 other public agencies located in all fifty states, Canada, and internationally, issues this )to result in a national contractsolution. belowFor your reference,the links cl t all,of the entities included . ®�,.-. . Vii...... c v bi dl..... ,s. .=. f.`� �n .��s:/ v st_.... . .�aE v/' _.. fittla://ncesweb.urban.ora/PubA s/s rch.phg :r):// v/ ci t - t s. w. ..w : 7 //........... .._._.�!/ o ® l 'c c ,�.5 , v .z/ �; —------------- Hawaii . _ p. 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Tin Propow Wwwledow that die vwWtk=UdW may or nwY not be aceWad by NJPA or included In do&W=*wt. NIPA will make reasonable dkft to accommodate the listed exceptions and may clarify do excMdOnd in 6e appropirlift wadas below. NJPA Tam,C=dWm or ACCEM EE Daft: PrOpOWS SIPAtUrIN NJI'A Legal Department Page 698 of 770 Contract Award RFPI#012418 F2=2 Fo[Mal Offering gLEad&W (To be completed only by the Proposer) PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES In compliance with the Request for Proposal (RFP) for PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLiES, the undersigned warrants that the Proposer has examined this REP and,being familiar wIt h all of the instructions,terms and conditions,general and teftical specifications,sales and service expectations,and any special terms,agrees to furnish the defined products and related services in full compliance with all terms and conditionsof this RFP, any applicable arnandments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response am that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Aftec Industnes.Inc Date: 1.15-2018 210 Inverness Center Dnve Company Address: City: Birmingham State: AL Zip: 35242 CAGE Code/Duns&Bradstreet Number: ICER8 I DMOD4001731 Contact Person: Authorized Signalure: (Name printed or typed) 37 Page 699 of 770 id< r t gGhfa yyF FORM E CONTRACT ACCEPTANCE AND AWARD J PA v (Tap portion of this f0rTn Will be completed by NJPA it the vendor 1s awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFP response°} NjPA Contract st,01241 ALT Pray r®s full legal name: 1t Industries,Inc. based on a evaluation r s L you have been awardedt®As an awardedvendor, agree you to provide the products and service@contained In your proposal and to meet all of t conditionshe touns and t forth In this RFP,In is to this 2FP,and In y excepHons that 010 The effeclive dole of the Contract will be arc 14,2018 and will expire ars March 14, 22(no later than t he later of fouryears from the expiration date of the c rr nity awarded contract or four years from the date thot the NJPA Chief Procurement Officer awards the arrlraci). This Contract may be extended for a fifth year of N P @s discretion. NJPA Authorized Signatures: it J my Schwartz r)l AK.I, Ir:e E #f`h!*[°[r OR r1 I I AND UN. Chad Coauetfe Awarded on March 12®2018 PFJ PA Contract N 01241 S-ALT Vendor Authorized Signatures: The Vendor hereby accepts this Contract ward®Including all accepted exceptiom and amendments. Vendor Name After;Industries,inn AuthorizedI n a 's Contract SP801811111 Riley Browne 0,41 MORE I Executed on March 12 20 10 01241 -ALT Page 700 of 770 m if Proposal l Signature Page AFFIDAVIT The undersigned, authorized representative o The entity submitting the foregoing I (tire"Proposal"),sweam that the following statements am true to the best of his or her knowledge. I. The roposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related ices all applicable li uses necessary for such delivery o NJPA members agencies.'r a undersigned affirms that he or she is authorized to act on behalfof,and to legally bind the Proposer to the terms in this Contract. . The Proposer,or any person representing the Proposer,has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA. or any person, firm, or corporation under contract withNJPA, in an efFbrt to influence t e pricing,to s,or conditions relating to this RFP in any way that adversely affects t .e and open competition for a Contract award under this RFP. 3. The Proposer has examinedand nder i the ternis, conditions, scope, contract opportunity. ci c tions request, and other documents in this solicitation and affirms that any and all exceptions ha noted in writing and have been included with the s "s RFP response. . The Proposer will. if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms. conditions" and scope of this RFP, with the Proposer-offered specifications,and with other documents int is solicitation. . The Proposer agreesto deliver products and servicesthrough valid contracts.puruhase orders.or means that am acceptable tJ Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The prDposer will comply with all applicable provisions of federal. state,and local laws, regulations.rules®and orders. 7. The Proposer understands that NJPA will reject RFP proposals that amarked"confidential" "nonpublic," etc.), either substantially or in their entirety, Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic date until the evaluation is complete rContract is awarded. t that point. proposals generally opublic data. Minnesota Statute 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 8. The ro r understands that it is the Proposer's duty to protect information that it considers n lic, and it agreesdefend and indemnify or reasonable eas that NJPA takes to uphold sucha to designation. [The rest of this page has been left intentionally 1 6 rt ture page belowl 3 Page 701 of 770 By signing below,Proposer is acknowledging that he or she has read,understands,and agrees to comply with the terms and conditions specified above. .... ..... . Compan ...y Name: Address. 210 Invemess Center Drive city/Slate/Zip. Birmingham J AL 135242 Telephone Number: 205-991-7733 fty browneGaltec cam E-mail Address: Authorized Signature: Authorized Name(printed)- Bmwne Title: Contrlist act Specia Date. 1-15-2018 Notarized day of '20 Subscribed and swom to before me this of Notary Public in and for the County of State My commission expires: Signature: 40 Page 702 of 770 P PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions Proposeri- Questionnaire completed by: out Terms and 1) What are your payment terms(e.g.,net 10,not 30)? Payment Terms are Nei 30 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Alice Industries pnwides Ixasing and/or financing options through our subsidiary Allec Capital oplions, include FMV. TRAC, and Caphal leases. Equipment 17inance Agreements I Ell Ab), and a dedicated Municipal Lease option to meet the equipment needs of our municipal cuslamerfi. 'I'he benefits orour Municipal Lease option include: 8 Finance terms to match the useful lisle ot'llic equipmenl. a Flexible lease options to shorten lik cycles and decrease maintenance costs * Consenes capital budget funds. 0 Match Payments%ith budget allocations. @ Non-appropriation language included. It Capital Services municipal least flitancino ofTem Imin 12 to 84 months. Municipal can take advantage oflow-rate financing. while simplifying the equipment acquisition process. If budget funds are not approved.simply return the equipment to Aft Capiall Services at the end ofthe current fiscal year. Willi It capital Services. there is no need tot anywhere else. Municipalities can now afibrdably equipment ill a timely. simplified way. The municipal lease offering is another firtiduct that Alice Capital I.I.CotTei-,to our customers in an of to become Your part r. Please feel free to vish http::'wWw-al1cccaPfta1-co1-n fiH nitwrc inthnnali0m 3) Briefly describe your proposed order process.Please include enough detail to support your ability to mport quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. All purchase orders are processed by Alice Industries, as we are a factory direct company. We prefer a process whereas NJPA members issue purchase orders directly to Aliec Industries. Our NJPA comes,orders are flagged in our s'stcni upon creation,and report is run each quarter in report this sain, data it) NJPA, This tirmess I% the resPousibifily of., team at ow corrmrate office with %isihihiv ofoul woffthir 4) Do you accept the P-card procurement and payment process?If so,is them any additional cost to NJPA Members for using this process? Page 703 of 770 I I We fi!C 01`3% fill of majol units. Maim 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims pracedum and overall structure. You may include in your nasponso a copy of your warranties, but at a minimum please also answer the following questions. Please see attached warranty documents for details to supplement the answers lc °. a Do your wanmrsties cover all products,parts$and labor? Yes, our standard warranty is I year parts and labor, with 90 days for travel. Additionally it includes a limited lifetime warranty on structural components on all out equipment except for Boom Truck Cranes which years. e Do your wan-antics impose usage restrictions or other limitations that adversely affect coverage? No restrictions, however pniducts must be operated and maintained in accordance with Allec operator.% and maintenance manuals.programs,and bulletins a Do your warranties cover the expense of technicians'travel time and mileage to perform wY repairs? Yes. standard warranty is W days firr travel charges a Are them any geographic region$ of the United States for which you cannot pmvide a ceirified technician to perform warranty repairs? How will NJPA Members int regions be provided service for warranty repair? No. It employs Mobile Service 'le chnilia:as in all 50 states and Canada. We own and operate 37 service facilities scrolls the United States and Canada It will be the member's decision to schedule a Mobile Sen ice Tuchn'ti en to come to illeh site or schedule in shop service. Ineither case. 1-877-(ioAI.7'1-'-C(I-877462%qR321 is our dedicated number lot members to speak with their local arts® Mobile.m Shop Service representative 9 Will you cover warranty service for items made by other manufacturers that am part of your proposal,or am these wacracties issues typically passed on to the original equipment manufacturer? Products not manufactured by Alice is are supplied by Alice oil special or would be covered under the manufacturer warranty This would include items such as inverters.compressors. hilgates.generators.etc. 9 What am your proptised exchange and return programs and policies? Parts ordered in emir or no longer needed call he rcturne& Il'it was oil error on Aftec's pa rl or othen%ise neat the customer's fault the 10% restocking fee will he waived. However. due in the nature of our equipment and the devaluation that occurs upon title I registration, the is no exchange or return program liar equipment sales. 6) Describe any scivice contract options for-the items included in your Proposal. We hv included service contract packages for membet consideration. include I'M Inspections a, dillcrent intenals. DOTinspectiOns.Dielectric Tests. !_r1ABJkH_v2UxAWMjLd _WgLL Aft ti_veFee 7) Provide a general narrative description of the equipment/products and related services you arcoffering in your proposaL A selectioit of aerial deviem with stag and service btaes and chip dump Itodim inounted on chassis A liclection A selection of cranes and trUCL-Inounted hydmulic critics A selectit)n of'pressure diggcrb A selection orf cable placers. stringers°iensionem.and pullers A election or%%ood chippers suiceticin of%crvice bodies mounled(11,chftis, Page 704 of 770 I - (if 8) Describe your pricing model (e,g, lig it discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price)an all of the items that you went NJPA to consider as part of your RFP response.Provide a SKU for each it in your proposal.(Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) Line!tion Pniptmed Contract Pricing plus$2 mile delivery charge (® only). The Pricing provided includes a discount of between 3%-5%off MSRP See attached ALTEC l® 012418 Pricing-Not Far Distribution.the pricing in this document is for the purposes of this bid only and is not for distribunion. Altee is also including ALTECRIT(1124 18 Pricing.this is the only document in he distributed. ']'here is no more aggressive pricing available in [lie country lbr cooperative procurement mgani rmt ions, purcluisin g departments.cypos.laullicipalilies.universities.or school disitics. 9) Please quantify the discount range presented itis response.For example, indicate that the pricing in your response represcints is a 50%percent discount finm the MSRP or your published list. I.ine item List Nee less 311,-o- 506 Discount- Pniposed Contract Price. Proposed Contract Price plus 1mile delivery charge(CONUS only). See attached AUITC RFP 012418 Pricing-Not For Distribution I'llerc is no more aggressin c pricing a%vilable in the country for etitiperative procurement organizations.state purchasing departments.GPOs.municipalities. anNersilics.01 school dislric& 10)The pricing offered inti proposal is a. the same as the Proposer typically offers to an individual municipality,university,or school district. ® t same as ft propowx typically offers to GPOs,cooperative procurement organizations, or state purchasing tiqlartments. —X—c.better than the Proposer typically offers to G-POs,cooperative procurement organizations, or state purchasing departments. d. of than what the Proposer typically Offas 016680 describe). 11)Describe any quantity or volume discounts or rebate programs that you offer. 2-5 Units: I%Discount from Contract Price 6-10 Units: 1.5% Uscount froin Contract Price 11-19 Units. 21%lscouni cm Contract Price 204 LlnitS. THD at Thue of0rdew Note: I Init.% least I qualify fill qualifily rebate 12) Propose a method of facilitating"scrurced"products or related services, is may be referred to as"open market" items or"nonstandard optione'. For example,you may supply such items" t cost"or" t cost plus a percentage,"or you may supply a quote for each such request. AL]1-Cwill Whyx and Open Markel section I'm cublonter to lie able to cuslornize equipment as nceded 1heilculb in out open Market setnion%%III marked at 200n ahtwe Altec cost anti presented one unique Eluole tot cath liptwin unity IN cuslulnel reviek% 13) Identify any total coal of acquisition costs that are=included in the pricing submitted with your response. This cost includes all additional charges that am not directly identilled as freight or shipping charges.For example, list Page 705 of 770 costs for items like installation,set up,mandatory training,or initial inspection.Identify any parties that impose such costs and their relationship to the Proposen Delivery is the only cost not included in Inicing 11 applies to all customers and the price is$2(K)o mile (err CONUS Quotes would need to done liar onyiIiing outside orme CONLISand will he priced at or Wou ran markei value. 14) If delivM or shipping is an additional cost tote NJPA Member,describe in detail the complete shipping and delivery program. Alice has a team(if drivers that work for us We will also contract with approved and velled the party drive away companies to deliver our equipment from our manufacturing facilities to the customer site. Delivery it;an additional $2.0(1,mile and will be calculated at time of 4u0te lbr CONUS. Anything outside of the CONUS would be contracted through a third party company and would need lo be priced at time of initial quote to customer. Pricing will be in or below fair inarkTt value. All panics participating in delivery of equipment will meet cenain insurance slid liability requirements. 15) Specifically describe those shipping and delivery programs for Alaska,Hawaii,Canada,or any offshore delivery. Crinada defl-verics will be driven to customer site by approved and vcited third party drive away companic& Alaska. Hawaii. and worldwide deliveries will he contracted flurtlUtIll a third pony compan) and would need to be priced at time of initial quole to customer, Price %%ill be at or Wow fair niarkel rate. All parties participating in delivery nl' equipment will meet cernsin insurance and liability requirements. 16) Describe any unique distribution and/or delivery methods or options offued in your proposal. Aline Industries has manufacturing facilities located throughout the country. If customer has requirement for "resional build"thei, can indicate this at I line ofilunte arid we%i ill be happy to accommodate. 11'cuslomer has any unique delivery requirerricrus(such as loading equipment on a trailer liar delivery.etc).they can indicate at time of quote and we wil I be happy in accommodine 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with Your proposed Contract with NJPA. is proms includes ensuring that NJPA Members obtain the proper pricing,that the Vendor reports all sales under the Contract each quarter,and that the Vendor its the proper administrative fee to NJPA. We currently run uarterly® reports for NJI'A orders and compare the customers on this list with members listed on NA'A's wee sit towvrify custorriers are members. Our Technical Sales Representatives that prepair NJPA queues for our cugicaners go through training on the quote process,and our quote le plate is up to dale and posted on our irate al. company she. Our Account Managers must flag lite truck as an NJPA quote in our systern in order to receive NJPA pricing. 18) Ident4 a proposed administrative fee that you will pay to NJPA for facilitating,managing,and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a lintraitern addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Allec Industries would like to tit NJIIA on all air der%- 19)Describe how the equipment you propose in response to tWs RFP simplifies the operation for end-users. For 89 years Allec lies been designing and nianuibcoiring equipment whit the end user in mind. We want operators to veto"Sales and Smartef'. said our equipment helps them by incorporating our experience and-%twice tit the custonser" input during the design phase cit ml producm. Addiflonally (,in Salc:s. ervice®Mobile emice. and Paris netiliorks all being comprised tit*Alwe entploycei,nican.4 that thea is a single t' 1(° fol 111v cust()Illet when using Abet: equipment if an). questions or issues arise 20) Provide examples from your product offering that are not available from most competitors in this industry. Page 706 of 770 Alice is the only company in the market that offers Acrialb. Derricks. Hoom 'I Tuck Cranes. Chippers. Knucklebooni C° rxc , and Service 1 Chip Nxiies in the some response to this RFP. We are industry leaders with atun ANS Hybrid technology.slid our;mlduct development Ictuns.are constantly getting fuedback t'rtun ow customers regarding what to develop next. We arc® very prow ol'oui ImAirip control handle on our Aerial Devices.which is not aVailatlic front anyone elsea } Explain u equipment in this categorydown-time on the job site. Advanced engineering and ri orous testing make Alter:equipment the industry leader in durability. When issues arise, the Aliceis Ciroup has over tt}tl Mobile Service Technicians nationwide that are available tta be deployed for your location, Mobile service technicians are equipped with the trucks and tools needed for yet YOUT equipment serviced and track on the road as soon as possjble. They provide on-site warranty.service and preventative maintenance solutions film nur customers Additionally. Alter Mobile Service has 24 houremergencyassislance. , 22) Explain how your company has integrated technology t your equipment to provide r ° ncies and analylics save time n job. Alicehas partnered with a lelemalics providem to produce a series of Class 5 aerial devices equipped with enhanced technolc e safer} features and operating efficiency.The e,connected"bucket trucks include solar panels,digital license plates and Internet connectivity via a mobile hent 5pol. Many of our customers use our Radio Remote('out is to operate our equipment. 'I his often gives the operator improved i ibility orthe work Wnpperformed as well as allows them to help with anther tasks required 'instead of sitting in an operator seat. ()or Cranes are equipped with Allec 1. it(Load t, ent and Alrea Protection)system %luch display all infl)rreption about the niac in and load on time at ally given thoe.}helping snnve time oil the job. Additionally because we€rflur a full product litre.it may be easier for operators to become iu ihor with our equipment and crass train between our different p duct liens. 23) How does your manufacturing process eliminate waste an non-value added options to keep price increases to a i ' Alice is keenly filcues€n eliminating wfiste and morn-value added processes,while keeping ce increases to a minimum. e aehie e this by runningRapid Continuous Improvement and maintaining a Closed Loop Quality System. Additionally we use the - )Problem Solvingt n and our production sites have implemented the Kanban scheduling systemfill leant manufacturing. We use our economics of scale to negotiate favorable arrangements 1rr, our mppliem.and utili e a F11-0 system for parts that we stack Explain24) how your distributors are set up to provide serviceu for equipment in this industry. As a factory direct company we do not use istri utors ) Identify cts,services pli s address the scope of this Alice sties to he a full lune : full s mice providlo to the Public® l ifl1 ty Market, The range of oui product oflerin allows customers to truly have a partner in their industry.with one contact for Ihcnr utility equipment rte s. flnrou h the years Alice has demonstrated t our ability to,meet and cep the expeclafinns of`our NJPA cuslorners and we hope to further strengthen our relationships through thisRI-P. Date: Signature: � Page 707 of 770 FORME � CONTRACT ACCEPTANCE AND AWARD �� . . .. e_ �� `. Ji�tloua11�1lnrce®AIYYce' t VV (Top portion of this form will be completed by NJP A It the Is awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract 1241 LT Pr s is full legal name,Aftec Industries, Ince Based on NJPA's evaluation of your Proposal,you have been awardedr,you agree1 1 all of the terms and conditions set forth In this I In that are accepted by NJPA. The effectiveat the Contract will be March14®2018 and will expire on March1 (no later than the later four years from the expirationt f the currently awarded contract or four years from the datethat t he NJPA Chief Procurement Officer awards the Contract). This Contract may be extendedr a fifth year at NJPA's discretion, Signatures: Jeremy c rtz NJr'r J14A E PRIMED OR TYPI I AND PROCUREME1411 m Chad u 114AME PRINIED UR IMl Awarded n March 12,2018J cnr c t 41 PELT Vendor Authorized Signatures: The Vendor hereby accepts this Contract award.Including I exceptions and amendments. Vendor Industries,Inc t 'El ContractSpecialist �r I n Executed on 1 2 _ 16— NJPA Contract #012418-ALT Page 708 of 770 Albeita Purchasing Government t Ar OPCI Connection i ,,. UtilityPublic oont with 1961044 ,<< U" w u i p �n Miranda rs n Ac:r ih's rcariv id'nntui- From:Kim Austin [ alit i us i nj a ® r ) Sefft-December7p 20171: P To: Miranda Andersenirand a c.co Page 709 of 770 17 Bliddingo,-Lending a-procurement portal for public and private sector bids *Hwe mi Unt of Bids ) ON 1n1bmVJw iiiinioninsition 0 Pending B1ogo Approval Bid Information for 012418 laid Number GIMB Did isiang Poetic assis,equipment wM Issued AUMOMM and suppeas Published By NsOW joint komm Mileme solmmon"[Wis open on all suppliers Cooked TAN RFP Procurement Nomo protummut Published Data 1Zj§7fA17 Closing Dab 0112412018 04,30,01 PH Cr Country&PmWn=Mbft Gntbft Camok Region a COW Old Type Gwft Sumba group Eadouded Contend Amount $0.00 Remind Nodoo Date Mat AsAmble Pubash opson HIM cob Woo Range Not Apokeble clientoopartmento Asimpt qundom Not Apgkalki Tender Area Requireassms .......... INDA 111"uhmaent Not WkM NCO Daft Not Appliodift ORB VAVUOP Not APIAtoble Bid Advertisement Naimul jg*A ftwo AlLdW Public Utility Equipment with Related Accessories and Supplies 012416 closing Dotai 01124/2018 84.,30.,00 PH CT Deftill This National Joint Powers Alliance@(NJPA),an behalf of NJPA and Its current and potential member agencies,which Includes all governmental, higher education,K-12 education,not-for-profit,tribal government,and all other public agencies located In all fifty states.Canada,and Internationally, Issues this Request For Proposal(RFP)to result In a national contract solution for the procurement of 013112418 PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES.Details of this RFP are available beginning December 7, 17.Details may be obtained by letter of request to Chris Robinson,NJ PA,202 12th Street Northeast,P.O.Box 219,Staples,MN 55479,or by a-ma[I at RFPanjpacoop.org.Proposals will be receI ved until January 24,2018 at 4:30 p.m.Central 71me at the above address and opened January 25,20 18 of 8:30 as CentralTime. ................... Bid Document No but Document Bolodad Selected Categories( I Ino Category) -""-.......... Uml§mMm cdoffmo Nbmdlmnmusmam Rhodwroms M IvAM wfthrm this categary am nd dnWad in Me exWng Mclifirp~do. ................... Attached Bid Documents ............................. .............. hftpgir2ww.biddingo.conMewVmffl=UonM77aOQl2NM 112 Page 710 of 770 1WI2017 Biddingo-Umdlng - cu r public and privals Nome asompson ohm pap NDA No File Aftochod Invited I 1 ....... Address Moms No I ...................................... _....__ DDoWUMMY R2CM PJI hftp ;! .bll o. I i Page 711 of 770 AFFIDAVIT I DJC 921 S.W.Washington St. Suits 210/Portland,OR 97205-2810 f226-1311 STATE ® I, Michelle , being 1 am a Principal Clark of the Daily1of Commerce , nompaper of general circulation In nties of CLACKAMAS, MULTNOMAH, and WASHINGTON as definedy ORS 193.010 n 193.020, publishedt Portland I ; that l know from my personal knowledge that noticethe Goods and Senilces UTILITYCase Number: NOT PROVIDED 012418 PUBLIC NationalIt0112412018 at 04:30 PM a printed y of whichIs nnpublished in the entireu i newspaper for f time(s)in the following Issues: 112/812017 THE NATIONAL JOWAllin SUPPLIES Propmob dam 4aD PM.State of Oregon 21111 County ltn Naomi { t, SIGNEDT p ON THE 7 ort DAY OF February,2018 , 1 Far I { to mutt a momom Odom for ft od prowrt- lowd MicACOM aqwd Fr helle " a �® 7, 97. 1 _ Notary Publio-State of Oregon 1 10L TIM bm so who oft ! lam. !A Fpamift to SELAK MICHBL FARMED �� m�' T. 11451M Kim Austinr .. 11461876 Naflonal Joint Powsm AllianceII o: 202 12th St NE Staples,MN 56479-2438 Page 712 of 770 National of Powers Alliance :: -Public.Utility Equipment with Related Accessories and... Page 1 of 4 Home perative Purchasing mii a Vendor aCumerd&Pending Soliderflens a-Pubk Wair Equipment with Related Accacerfiss rind Supplies Coopernititiniii -Public Utility Equipment with Related Accessories Purchulng and Supplies The National joint Powers Alliance@(N)PA),on behalf of NJPA and Its cument and potential member agencies, Procurement Procure which includes all governmentalL higher education,K-12 ed"Ion,not-for fit tribal government and all .......... ...... other public agencies located in all fifty States,Ca da.add Internationally,Issues We Request For Proposal IFP) About Us to resuft Ina national contrail solution for the procurement of#012418 PUBLIC UTILITY EQUIPMENT WITH ANInations Matt ships RELATED ACCESSORIES AND SUPPLIES.Details of this REP are available beginning December 7,2017.p IIs may w„.-..................... be obtained by letter of request to Chris Robinson,NJP&202 12th Street Northeast P.M Box 219 Staple%MIN Become a Member S6479,or by e-mail at RFP@njpacoop.org.Proposals will be neordeard until January 24,2016 at 4,.30 p.m.Central ......... ....... Time at the above address and opened January 25,2018 at&N an,Central Time. Member Resources ...................... P Confereacv.January 2,2117 at IBM am CT Become a Vendor So"proposals due:January 24,2017 it 4:30 ime CT Get to Know NJPA Proposals will be publicly operna&January 25.2017 at 8:30 awn CT Current&Pending Sollchardons NUPA reserves the right to reart any and all Proposals. -lndeNto Quantity To Obtain REP documents do one oft following. Construction Contracting 1. E-mail"njpacooporg,an email will be sent back to you with the docurnents Systems and related servicirs Z Sod a Letter of request to National Joint Powers Alliance., -Automotive and Truck Attm Procurement Department Roo meat Parts and Ti 2112 12th Street NE,Stapla%MIN 5647 with Redided Equipment Completes the REP Dmment Request Form below,this will nallrect you to a page where you can get the documents Immediately. Accessories,and Services ............... Vendor Name. -China 6,7,and 5 Chneds with Vendor Address Related Equipment Ac owes, Vendor CRY. and Services Vendor Stabin. ............ ............. -Muld-Function Creplars, Vendor Zipoodw— ............................................................. .............. ------------------------------------ ----- tact Prinliam and Equipment ConNames ............................... Contact Email: -Express Courier,Overnight, Vendor Phone Number. Ground Delivery Logisfici; Some" -Elevators,Escalators,and Moving Wales with Related Equipment Services, Acreomides.and Supplies -Foridifts,Uft Trucks,and Rerated Material Handling Equipment Astachments, Amessades,and Services -Post Management with Related Pmducts and Services -Classroom Audio Technology Equipment with Riflawn? Accessories,Savicirs,and supplies -Pubic Safety and Emergency management Related hqs://www.njpacoop.org/cooperative-purchasing/become-vendor/cunvnt-pending-solicita... ftMoJ1 of 770 01 i ublic ll!x, uipv r d... Notice Basic Information Value(CAD) (Not shownsuppliers) Reference Number 0000073337 Issuing tion National Joint Powers Alliance Solicitation Type RFP-Request fbr Proposal Solicitation Number 012418 Tide Public Utility EquipmentI d and Supplies Baurce I 55 offlolls RegionI of Ca a,All of Canada Purchase Type Term:201INW115 06:00:00 15 12:00,00 AM CST Description The National Joint Powers AJIlancoG( J A),on behaff of NJPA andIts current and polontlol member agencies.which Includes all goverminental. higher education.K-12education,not-ft-profit,tribal gavemment,and all her public agencieslocated In all Ility states,Canada,and Intemstionally, issues this Request For Proposal( )to result In a national solution for the procurement of 0012418LIC UTILITY EQUIPMENT WITH RELATEDI LI IIs any be obtained by going .o I s. IIs of this RFP are II ble beginning December 7, 17.Proposals will be receiveduntil January ,201 .m.Centel Time the above address and openedJanuary 1 a.m.Central Time. Publication 201711210710:10: Question Acceptance Deadline 1 SM11117 :50:00 PM CST Quendons are submittedonline No Bid Intent Not Available Closing 1 1 :$0:00 PM CST InformationContact Prccurement Department 2184W4-1030 r1ponipecoop-org Old Submission Bid Submissionh l l Bid Submission ._...... .. _.:::...... 2017112107 10:11:19 AM CST Page 1 of 4 Page 714 of 770 012418 a„u ubllaJe�smE ulp nt i rl... Documents Documwft Document size UploadedLanguage How to In Public UVIlty RFP.dcm[ o 12 Kb 201711 10:07:64 AM C8T English 2017112M7 11011:13 Page 715 of 770 012418-Public UIII!,y equip with Related Acconorl... Caugodes Selected Categiorlos MERX Caftofleis(5) N Services Services N14 Udlitles Utilities U Other CIVwr U Undefined Undefined G Goods Good@ 022 Khmilonsous Goods Miscellaneous Goods 00 Constiruction Products Corwitruclon Products 01B Industrial Equipment Industrial Equipment ............... ........... 2017112M7 10:11:13 AM CST Page 3 of 4 Page 716 of 770 012418-Public U1111hy., qulpntvpm Related Acceend... Document Request List Document Request List Organization Mem® fiftin Contact Ommkmd Date city Pirvince/Stalle No document has been requested ywL .. ........ 201 711 7 10:11:15 AM CST Pop 4 of 4 Page 717 of 770 THE STATE MEDIA INQ CO.. The State Media COMPROY AFFIDAVIT OF PUBLICATION 3 9 Pukile Naft The Nadoed Ju JP J ... _.... . ... Attention: Gaal Jackson State of South Carotins JOINTNATIONAL PO BOX 1 STAPLES, MN 66479 I in ® Lauren Of ---- _. STATE,THE t the edwerlsement v=Public Notice Inserted I 4 Nownwiantpe"M The State,a dely nompsper of pm.an d i general circulation pubilshed in the M widnonw.w. w, Cly of Columbl% lr= mbw P ( .in the lepue(s)of conffift and lffiwMl0M%%beim "R KA Fbrtimad I cantrad I IV 1 .._.. Insafflans ?, t7. f wjpAt 17 ®P.U.® t , MN 110470.at by pfAW stwe.4 4:80 pin.cwwwnm a to CP � d u spia wk am 0 I,3422127 s � t, 3F n�P n - Lauren Libet WafAdverdft Subscftd d rivorn to bosom rw on We 1 61h day of December to the yeav)�,017 f s A — N ,, ��AN—,, -T ndam Notary Pulte edwoMhomed WE&I no way wicand Me symW of Me duuge for the&paw Page 718 of 770 9The This document printed New York State Thursday,12/07/2017 jw. Contract Reporter Na'official source ofeantracting opportunities Bringing t together **This ad has not been published.It has been reviewed and pending publication. Title: Public Utility Equipmentwith Related Accessories andSupplies National joint Powers Alliance Division: Procurement t Contract r: #012418 Contract Term: 4 years,with potential 1 year extension Date of Issue: 12/08/2017 Due Date/Time: 01/24/2018 Central i County(les): All NYS counties Classification: ilii -Commodities Opportunity General Entered Chris Robinson Description: The National Joint Powers Alliance@( J ,on behalf of NJ PA and Its current potentialr agencies,whichIncludes l governmental.higher education, -12 education,not-for-profit,tribal government, all other public agencies located In all fifty states,Canada,and internationally,i this Request For Proposal( )to resultin a national contract solution for the procurement #012418 LIC UTILITY EQUIPMENTIACCESSORIES AND SUPPLIES. this RFP are availablebeginning r ,2017. ils may be in r of request to ChrisRobinson,NJ PA.202 12th Street Northeast,P.O. x21 ,Staples,MN 56479, re-mail at RFP@njpacoop.org. Proposals will be receiveduntil January ® Central i the above address and opened January , 1 .Central Time. 1 of 2 Page 719 of 770 Contact Information Primary con National joint Powers Alliance Procurement Department Chris Robinson Procurement r 202 12th 21 Staples, 56479 United 218-895-4168 chris.robinsonenipacoop.org Submit to contact: National joint lli Procurement Department Chris Robirmn Procurement Maer 212th Street NE 21 Staples,MN 56479 United tat Ph:218-895-4168 chris.robinsonen1paccop.org all IN 2017, Empire State Development http:/fwww.esd.ny.gov/ Page 720 of 770 1 01 Public Pumhose:Old RFP 0012418-Public UNI fty Equipmentwith Relelled Accessories ond Supplies PurchaseTid ................... Home Browse New Bid Closed Bids My Stuff Tools Bid RFP #012418 - PUlbllC Utility [Switch to Vendor View] PAEquipment with Related Accessories and Supplies Bid Type RFP Hadonall Joint pwwm Alliance Bid Number i2418 Access Reports View reports on who Title Public Utility Equipment with has been notified of Riallated Accomories and the bid or accessed It. suppillem [Nott tion report] Start Date Doc 7,2017 10,31,23 AN CST [Access report] End Date Jon 24,2018 4:30:00 PIM CST Questions C1 Questions Agency N3PA 0 Unanswered [view/Ask Questions] Bid Contact Chris Robinson (218)895-4168 Edit Bid rfp@njpacoop.org [Create Addendum] 202 12th Street NE RO. Box 219 Staples, MIN 56479-0219 Description The National Joint Powers Alliance@ (NIPA), on behalf of NIPA and Its current and potential member agencies, which Includes all governmental,higher education, K-12 education, not- t,tribal government, end all other public agencies located In all fifty states, Canada, and Internationally, Issues this Request For Proposal(RFP)to result In a national contract solution for the procurement of#012418 PUBUC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning December 7, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples,MN 56479,or by e-mail at RFPCnjpacoop.org. Pnoposals IIIb received until January 24, 2018 at 4:30 p.m. Central Time at the above address and opened January 25,2018 at 8:30 a.m. Central'nme. Delivery information Chris Robinson, NIPA,202 12th Street Northeast, P.O. Box 219,Staples, MN 56479 Pro-Old conference Date Jon 9, 2010 10,00:00 AN C5T Location Web conference Notes Detialls are sent two buslinesis days prior. Documents No Documents flor this bid Customer Support:egancysupportOpubi lcpurchase cum I Copyright 1999-2017 0 1 The Public Group,L.I.C.All rights reserved. http://www.pubilopumhow.conVgsmatbMldVkm?bWld-OLWB 112 Page 721 of 770 121712017 Public Purchase:Bid RFP0012418-Public Utility Equlpmntwkh Related Acommorlse and Supplies 11w I (q PI INIC sly 11117 http:/Avww.pubilopumhose.comigomWWdibldVkm?bldldmBBM M Page 722 of 770 4770 S.56DO W. WEST VALLEY CITY.UTAH 11 Nem F$1].TA3C Y�.# -48176!€3 901-204.6910 1. PROOF OF PZTBI A1TON CTR 1 'S COPY NATIONAL JOINT POWERS ALLIANC1% 9001496M rm A=Bft DVt Ptd BOX 219 DA"�:..._ ae�a� tis e� STAPLES NIN 56479 17 ... ....., _.. NATIONALI t TELEPHONE I �t)1t11I3I1�` / INV6)ICE NUMBER 198945493 00011852601 PUBLICATION SCHEDULE or START 1 1a oftr CUSTOMERREFERENICENUMBER _�.... � .. ,:,� , to .._... � _. - � 1 -. PUBLIC NOTICE The National Joint Pers Mime(NJPA), on behalf of NJPA and 113 c 3a UNES 1 ( ) wd. T�COST __ .................. .... 3 3700 AFFIDAVIT OF PUBIJCATION AS NEWSPAYER AdENCY COMPANY, I= dba UTAH NWIA GROUP LEGAL BOOKER, I CERTIFY THAT THE ATTACIRE ADVERnSEMENT OF1 I t t k t and tofted1 ea W In u WAS PUBLISHED BY THE NEWSPAPER immy,COhEANY, LLC THE SALT LAKE TRIBUK% DAILY THE.Emum LANGUAGE STATESALT LAKE COUNTY IN THE COM ON THE SAME DAY AS THE FWT NEWSPAPER PUBLICATION DATE AND RMLAINS ON UlAIRMALS.COM DMERNATELY. COMPLIES WrM UTAH DIGITAL SIGNATURE46-2-101;46-3-IOC PuBusim ON Start i 7 12/0V2017 DATE 12/7/2017 SIGNATURE .. STATE COUNTY OF SALTjAKL___) SUBSCRIBED AND SWORN TO BEFORE ME ON TERS 7TH DAY OF DECEMBER IN 71M YEAR T w _...... NOTARY LI Page 723 of 770 Am®THURE Y:DECEMBER 7,2017 1 WRIA MONEY SPORTS NFL Fires force Rams to move practice ma"In Rank 3,,"" Diazu,The fissaws am)mw e tea t rno aaeaa Us O m� �� ,, A4�t�� a ad - prm 9&DOW licammons ttist MM CUM—'Ckse ho. baa et the Ih WE the anal loss wlldflsaa Dust hism Genn hnaae- W.Us,.So.ba mm � paq Pt 1 WE Mutual*2 heLoo T Is d mm mI 80 am ahe" Was East of dift 2L=tow fl natio ' t6a ma AN wwk a thh,I The lunes,whmD&du7 is so VA Avow-been hew � 4 � �� 4 ��4dt,s _ ID Do mum Ian rah a bad faam dmabout dia awy and of t ' s tUi iy i r {� }� "'mat was ad of the ap- a .hsW m a Wm- tyt t i 1!,-' i s a Itq� fFOR&we news Food to ku mmmmumm az cobesume, But am �� ) 1'tist�4 � St z °vrrsedtt ns&ft C21 Luthamus U wm ®t Za t - and im of dw. Anne tha m 71.4 '" vt H`r yy; plti t off dish feat main Thmemad Oda 12 hmIn me was wwwo thedtFn r act ',) ... 7a 4ytt5U4olt 't tt4iSt 1;...- tbmwo loon onmonbm�steaa Tho s amaach one dome ti the a tt at9 lea r the mass to mump door pmcdm mid being this Isle In One Its mamoduall m too Eh do nmardmw Disk whadu a wt Boom mm a to be he he n§Qht one are wam abM ■m a htt m E ImA to assume, am aINEW emission .'1 an u -the It d Neuby odd.W DemkFa m a InImaw doe Rome same affambed an r 's 'Mkchnmw,h�m him ft to h °It e n ttwhat wo ft and hep htn tm h 'athistdoUmacoWdritpraetme sue w§th vduWn gaing OF,mid mahn tt o Oft onownDuang woU be&DID mropm ram- ahta m we o4 m mahodahe Led Q= R o pod mmqmwpshsDabdeapooplafmatrem a ME Wine in beth book am doma Oahmaidaya? BeHWhat .awes 1tn toa ma&W surname Dead m am of rale ah on ae a not t calla the freta!Iftaispow oan be d es o cubma when modd mdremolaapelC owuhad Aw madeftlE mb and need.upom finther mommat `s m And the M has thus WM fildeffiaL then Why rwt far the on fix a —andeffirmarlazoRMeT a I—oefdd t Imen nochmmemilloiadumbley. e the n modym who pm- MMKMLMETODAY to wqlWn that pat af dow Wauxlyhowded the Ift's uffid- hospu Odmqgw to that aft dwarmussid, add USA TODAY.Does me Imey V WNW ad t t'wa m p n Tat o nat am a muball s ..... ..�.�.�.�.�.�. .....d._. .._._ ___. Thies wimeamme.Just Ma lnsamlemfttArWpu= his Q=M that'Me n R mp In had ® Nk? � kafflows body Mum an VOWED, Pas to mdwmndo of- who Dinner bummed to a sulUdGwomm when It comes mange hwunIn awwwwo thave m swene ate- ,- chabbed In ,awketap wn rlT mood to t,"he saw s d. a and's memid,orwalma as&. Itnewetchapponez, peofflax at On a Now ma- tt both waam, Rem Whose wisdom an the now pleyeas chandsequand In ea ramoof an s the In- fflAwly. hfamad — aa- Theon-field ufflabob should Remake If 5MCI loadv. . hoin sb ofm - is a smoked—waste,sera Rat the .. mfftgthat the 9 as atumakme of coadim who one w2harmImBdoolnEthoweek.] plan mound uMerA=& t 9ayquAbUnmedanapkimeft done dis rwh am it in pulms&r fiwNBAmftkws9zd14LB%nn- ffiau)hwmmdaq#ydmm1WdE PIM& m ran demppolmhol that Russ Dennis dw U's a=to ... IDS andbor mop Vivo ae wddR- amtfLos r- .flaws end mendenaaam n%dMn'tdwpdmhmmsgm who demund m a Use MIA a wasponadan.ao It ulayinam"hMmorawtv ., oda, fiUN mum gains M am waneconae a' oto. he Who.MAMETPLACE TODAY . _. 7mrl �I 1 elan ! r i, t � �t� MDYTHE TLE 9 rm�waw � aa" ■ ®. m.aeaa�av emo®eays � NC a keels- 9Mama - m...._. }� Y Dg L 7 a 'u 4:+� 4I w,13eiy eN a'1 bVer, KYA BUSINESS , Ikt RIM NOTICED! a�iar er.am.mpdrd Aft r� d , t 6 tvivieta`Pf-11AP, tpi C ,., v e a, . w u,n 0 I '55,,9 0 D 2915 Page 724 of 770 WWWAPOCOOILOV Nadmul Joint Powers Alliance 202 12th Street Proposal Opening Riecord P.Q Box 219Stphn MN Date of openinr. January 25,2019 IU public opening of an responses reccivedto the RequestFor #012418 Kim Austin,NIPA Chris Robinson,NJPA Brandon Town,NJPA Midied Munoz, NIPA Responses were received from ffie following: : : Pmposcr deemed responsive FZot Equipment Company—received lf=2018 at : . Proposer domed reqyndve 10:51ASAM Proposer deemed responsive Global Pump—received 1/24/13 at 12:18.,SVM Proposer deemed responsive : : Proposer deemed responsive Pacific-Tek.—received 144M at 11: : Proposer domed responsive Catfieft of insumice—provided, limits below requit-cd amount Proposer deemed ic4wnsive Terex UtWes Inc.—received MMS at : : Proposer damned responsive_ The Charles maemne Works,Mm received 11=8 at -41- Proposer deemed responsive Thompson Pump and Mamsfactaring Company Inc.—received V24119 : : Proposer deemed responsive Time Mnufactaring Co—received lt22/18 at : : Proposer deemed respomve Certificate of insumace.—prow"limas below requh-ed amount Vermeer Corporadon®received MIS at 11:26.-47AM Propomw damned responsive : : Pmpoww deemed responsive Page 725 of 770 wVjw-nO=w"9 Level-oneProposer deemed responsive -.54:39PM Proposer deemed responsive Pwpowds=evaluated ffi-st on levvl-one reaponaveness and that detemniiation is noted above. repponinveness,raqwros,amang other things,that the response be remved befte the deadhue fbr the sWxmssm and duit . Pxoposers t are deamed lovel-one responsive must prcmde any missing documeMation or rmady a noted deficiency vnthin a reasonable fame in order to remain responsive.Rnqxmdents must not provide additional substandve infiw=tIon when sending missing documentation. t 111,NJPA "" Page 726 of 770 �., iqrp , b ........_�...... dw a. f„ i7 I I Im 3 4 s Si LU I 15 3 r , { i z , E F E � , Q , 3 ej 9 we r; r �sY r e 727 of 770 k A Radrm=Wd AN Am~ ,r REVIEWCOMMENT MD to the REQUEST FOR PROPOSAL(RFP)#012418 Entitled PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES The following E t was placed i 's Dallylournal of Commerce on December ,in South Carolina's The State on December 7,2017,in Utah's The Suit Lake Tribuner 7,2017,In December 7,2017,and on the NJPA websiteI c000.grp-Onvia website • _nvi . ticBidder's sit tie t i .c lic s . E iContract .. ..... ......--_. Reporter: The NationalJ 1 !l! ( ),on behaolIts current and potential member agencies, which► cl ll governmental, higher education,K-12education,not-for-profit tr► n all other public agencies!located in 1 , Canada,and internationally,issues this Request For Proposal result in ti l contract solutionfor the procurement of 012418LI TIL►TY EQUIPMENT WITH ACCESSORIESRELATED ► !Details of this RFP are avallable ! , Details obtainedbe letter of requestt r"s Robinson, AUPA 202 12th StreetP.O.Box 219,Staples,MN 56479, r it at RFP@njpacoop.org. is will be received !l , Central Time t 830 a.m. CentralTime. RFPs were requested by and is : __.._. .................................... Altec triLid EquipmentSales, Inc. I it I Systems l c. Li 's i r t n s of Canada —CaI s L L Inc. _. Caterpillar,Inc. Inc . ... . ......... ...... ......... Coastline i t i Material lin- ......... . . Construction Industr-.i Center Monroe Towmaster LLC �..._.._ _. _ _. _ _a.�..._.... _ ControlNetworks PlusL trcInternationalI . i �.... ._. ._.. Date Transfer Solutions, LLC — .... cAdministrationc c® __._....._ ... ...__. _..._. ..._ ie Witch i tj c �__. ...............__ _... DUCO ,LLC Prime Vendorl c....... Elliott Equlrornent Company RACO Manufacturing&Engineering Felicia Y Sharpe Rausch Electronics USA,LLC _..... _ ........ . Fitness , I c. Is 202 12,hStreet NE e P.O. Box 219 Staples, MN 56479 9 www.njpacoop.org Page 728 of 770 I FSG Ring-O-Matic G I al,)V a x,I n c. Royal Purple Global Power Technolo.ples, LLC S.D.P.Manufacturing, Inc. Global Pumr, Seon Globe Trailers SL King and Associates ........... Grace Environmental Services I SMS Equipment Grace Services Strahnet G r een Climb a r N A 1 Structural Meta,lF,a."blllrllillc,a,lt.orls Inc. ..... ........... Hardline EquipmentSubsite, LLC .......... .................. Harrig ESwenson Spreader LLC ---------------- tal Terex Hertz Equlp�ment Ren ...Corp ................... HltchDoc Thompson Pump H ol-Mac Corj�'Ioratlon Timberland Equipment Limited Hurco Technologies,Inc. Time Manufacturine, Company Interstate Power Systems Tri State Bulding Center Jack Doheny Companies, Inc. TSE lnternation'lall'ill, ,l.Inl,c". Jemtech Twin Eoulwent I Kalnos OfficeI Valor Holdings .......... Kelzer Morris international Vermeer Corporation -,K I u 1.ndel Industries Wach's Utility Products Ledwell&Son WasteCorp Pum[ LLC LF Geon-'e Inc. xylem Dewatering Solutions,Inc. Proposals were opened on JanuM 25, 2018,at the NJPA offices located at 202 12th Street Northeast in Staples, Minnesota 56479,from the following: Altec Industries, Inc. Elliot Equipment Company GapVax Inc. Global Pump KeIzer Morris International,Inc. Pacific-Tek RIng-O-MatIc Terex Utilities Inc. The Charles Machine Works, Inc. Thompson Pump and Manufacturing Company Inc. Time Manufacturing Co Vermeer Corporation Wachs Utility Products Xylem Dewatering Solutions, Inc. Proposals were reviewed by the Proposal Evaluation Committee: Greg Grunig, NJPA Procurement Lead Analyst Kim Austin,NJPA Procurement Analyst Ill Brandon Town, NJPA Procurement Analyst 11 Michael Munoz,NJPA Procurement Analyst 11 202 12aStreet NE e P.O. Box 219 a Staples, MN 56479 a www.njpacoop.org Page 729 of 770 The findings of the Proposal Evaluation i follows: The Proposal Evaluation Committees the establishedevaluation criteria t i that all proposal responses met Level-One Responsiveness. s f Kelzer MorrisInternational, I .was determined Level-Two non-responsive coffering f products and services In their proposal were found to II outside of the scope of the RFP. All other proposals were foundto be Level-Tworesponsive r evaluated. Aftec Industries Inc.offers a diverseline,Including aerial devices,cable li equipment, chippers/chipper bodI s cranes,and diggerderricks.They offer a 24 HR parts/seles/serviceline i less than a 10 second wait time, large sales r it 7 service t r than 100 mobileservice c s. Altec offers competitive ricing with volume discounts on multiple identical i . Elliot Equipments a selectionaerial equipment, truck r derricks. Elliot offers a lifetime r I warranty on their equipment withr c s and one year on the digger derricks. Elliot has 103 locations c the US and Canada to sell and service their equipment. Elliot significant i t from Listric it own products,as well as ,and additional volume discounts i t three units. Terex Utilities Inc.provides aerial platforms,cranes, utility equipment,and boom trucks,covered by a robust warranty Includes v r travel labor. Terex will serve Member needs through 20 servicelocations across the US,withmultiple iie field technicians. I r online parts ordering,tools and accessory ordering ill ,with a solidpricing I. The Charles Machine Worksit i t boring equipment,piercing tools, pipe layers,trench rollers,vacuum excavation, ! cable locators,t c rs,and vibratory pI r the brandDitch Witch,Subsite and HammerHead.They offer In-house i leasing tl .Charles Machiner is represented dealer network withlocations ac ss the US and Canada.They offer a range of significant discounts from and pass-through ricing on Nopen-marketm Items supplied it their equipment. Thompson c ri s a wideselection s, Including di I or electric powered,dry priming t priming,whicheither skid mounted or trailer mounted in various iz horsepower ratings. Thompson i s for arrangements on freightshipping. s s a strong dealer/distributor I service s.They offer considerable prici isc s and volume discounts starting at ten units. Time MantrfacturingCo. manufactures a broadselection u t trucks,digger derricks,aerial equipment cable I r the Versallft,Condor,Skybird and Ruthmarinr company has a strong I distributor t to handlesales is to Members acrossi i i c tly discounted prci their primary equipmentofferings,as well as accessories. Vermeer Corporation offers piledrivers,trenchers,plows,trenchless boring,directional drilling, pipelinetrenchers, and concrete tters. They have 109 dealers in the US and 16 in Canada,givingthem a demonstratedability t serve Member needs.Vermeer proposed a range of considerable pricingdiscounts across productlines and offered volume discounts. 202 12a,Street N E e P.O. Box 219 a Steis,M N S6479 9 www.njpacoop.org Page 730 of 770 For these reasons,the NJPA Proposal Review Committee recommends award of NJPA Contract#012418 to: Altec Industries Inc. #012428-ALT Elliot Equipment Co. #012416-EEC Terex Utilities Inc. #012418-TER The Charles Machine Works. #012418-CMW Thompson Pump and Manufacturing. #012418-TPM Time Manubcturing Co. #012418-TIM Vermeer Corporation. #012418-VRM The preceding recommendations were approved on March 9,2018. 0 iris Robinson,JD, NJPA Procurement Manager p,,mes Voelker,CFCM, NJPA Procurement Lead Analyst Greg Griplg; Nj))2% Procure.mentr` a Lead Analyst ........... —------ .............. Klm ,-%ustin, NJPA Procurement Analyst III Brandon Town,NJ PA Procurement Analyst 11 Mithael Munoz, NHIA-fk,,lcurement Analyst 11 202 12-Street NE 9 P.O. Box 229 Staples, MN 56479 www.njpacoop.org Page 731 of 770 Regular Meeting & Retreat Minutes NATIONAL JOINT POWERS ALLIANCES Board of Directors April 12, 2018 Madden's Resort, Wilson i 11266 Pinec r i , MN 56401 Chair Wilson calledt to order at 8:0Sam with the followingi ils , Sharon Thiel, Barb Neprud, , Greg Zylka, Mark Gerbi, Ryan Thomas, and Sara Nagel. Also present were Chris Lindholm, Pequot Lakes School District and Jon Radermacher, City of Little IIs, ris; Chad Coauette, Susan Nanik, Paul Drange,, J i c , Mike Carlson, Marcus Miller, Rebecca Cromwell, Dean Grelsing, Liz DeRuyck, Tom Perttula, Sarah Speer, Chris Robinson, Kassidy Rice, Ryan Donovan, MichaelBrandt, Anna Gruber, and Danielle , staff.NIPA Mr. Wilson gavewelcome. Carl Anderson, Sandie Rentz, and Nancy Bruns shared regional impact stories. uette- presented the year in reviewinclude the year to date metrics. Dr. Coauette presented the organizational framework. Mr. Carlson, Mr. Perttula, and Mr. Schwartz presented the cooperativepurchasing iv trending f contracts. Mr. Schwartz and Mr. Carlson presented salesv i s. Dr. Coauette andr Senior Leaders presented on Integrated , Capability Model, Balanced Score20/21 Departmental Goals. Mr. Miller presented upcomingIns for Legal and Government Relations. Ms. Nanik presented upcomingIns for General Administration and Facility . II presented upcomingIns for Human Resources Department. Mr. Bautz: presented upcoming plans for the Marketingi . Mr. Loken presented upcomingIns for Information &Communication1 . Mr. Schwartz presented upcomingIns for Operations & Procurement Departments. Mr. Perttula presented upcomingIns for Contract Administration served.Lunch was Carlson ing plans for Finance. Mr. Donovan presented upcomingplans for Risk Management. Page 732 of 770 Mr. Drange presented upcomingplans for Regional Programs. Ms. Rice presented upcoming Ins for Educational Solutions. Gruber presented upcomingI r City, r Government Agencies. Dr. Coauette presented Strategic Reinvestment Projects. Mr. Loken presentedi i I Projects. Mr. Carlson presented - r review. Chair Wilson calledl rd meeting to order with II i present: Mike Wilson, Barb Neprud, r i I, Scott Veronen, Greg Zylka, i, Ryan Thomas, and Sara I. Also presentri Lindholm, r r, City of Little I , - ii s; Chad Coauette, Susan Nanik, Paul Drange, Jamie Loken, Jeremy Schwartz, Marcus Miller, Mike Carlson, Travis Bautz, Rebecca Cromwell, Dean GrelsingDanielle , staff.NJ PA Nagel moved, seconded by Mr. Zylka to acceptn i carried. moved,Ms. Neprud seconded by Mr. Thomas to accept the minutesRegular Board Meeting held on March tin carried. Mr. Carlson presented the monthlyi nci I Reports. Ms. Neprud moved, seconded by Ms. Nagel to approveregister and Treasurer's Report of Cash, Revenues, and ExpendituresII vendor disbursements #90045 to #90373. Motion carried. Neprud moved, s. Thiel to approveII Wire TransfersMotion carried. Neprud moved, l II Wire Transfers- Employee reimbursementsi2 to #829. Motion carried. Mr. Veronen moved, seconded by Mr. Thomas to accept the Consent Agenda as follows: • Updated Membership 1-31, 2018 • Approve Authorization to Solicit the followingcategories: o Electronic Scoreboards, Slignage, and VideoDisplays iAccessories Services o Sports Lightingi Iated Accessories and Services o Sports Equipmenti I Accessories i s o Wireless Technologylin i s Motion rri . Mr. Schwartz presented the new and renewedcontracts in March as noted in Appendix . Page 733 of 770 Ms. Nagel moved, seconded by Ms. Neprud to approve hiring: Kayla• I r, Regional Transition Specialist; effective April 23, 2018 • Kristin i General I; effective April 23, 2018 • Heather Pickett, AssociateI I; effective • J r, ACP Education Consultant, effective July • Jen McLachlan, ACP Education Consultant, effectiveJuly 1, 2018 Motion i . Mr. Zylka moved, seconded by Mr. Gerbi to approve openingfollowing si ' : • Contract Administrator • Finance & BusinessI III Motion carried. . Thiel moved, seconded by Ms. Neprud to approveposition descriptions and open the following positions: • Graphic Design Specialist II • Education Solutions Administrativeu i t Motion carried. Ms. Nagel moved, seconded by Mr. Gerbi to approveretiring following sc ' i : Multimedia Specialist tion carried. Dr. Coauette gave an update on National Cooperative ProcurementinnsService Cooperatives. Dr. Coauette led the board on an open discussion on general feedback of the boardFeedback consensuss positive about the clear and concise presentationsSenior Leadership Management. Mr. Zylka moved, r. Gerbi to adjourni t 3:00 p.m. Motioncarried. Page 734 of 770 APPENDIX NJPA PROCUREMENT DEPARTMENT BOARD ITEMS- I 2012 Requesthig Board permission to Solldtthe folkwAng tatetori s: iiiiir—onickoreboards,Signage,and Video Displays with Related Accessories and Services z Sports Lighting with Related Accessories and Services NA rn Sports Equipment with Rela d Accessories and Services wreless Technology Consulting Services rn z Requesting Board perrnission to Re-Soildtthe follarAng ca wgorles, NEW CONTRACT Altec Industries,Inc. 01241 LT "Public UtiliEquipmentWth Related Accessories and Supplies" lflott Equipment Company01241 EEC lic Utility Equipment tuith Related Accessarles and Supplies" Terex Utilities Inc. '012418-TER "Public Utility Equipment with Related Accessories and Supplies" ,unar� _ ,, .,..,, ihie—Ch cin o01241 "Public tilt Equipment vAth Related Accessories and Supplies" Thompson Pump and Manufacturing Co.,Inc. 012 "Public Utility Equipment with Related Accessories and Supplies" Time Manufacturing CompanyX01241 -11 � �"Public UtilityEquipment with Related ssorls and Supplies" _ Vermeer Corporation 01241 V "Public Utility Equipment with Related .,,. IAccessorles and Supplies' Braun Industries,Inc. 02211 ffAmbulonce and Emergency edi l Transport Vehicles,with Related Equipment Accessories and Supplies P.L.Cus m oy and Equipment Co.,Inc. 022119-PLC "AmbulanceffAmbulance and Emergency edi l Transpart Vehides,with Related Equipment Accessories and Sa ies" _ w.mmmm� .am., �.n REV Ambulance 6 nano,Inc. b Rescue 02211 "Ambulance and Emergency Mealical Emergency Vehicles Transport Vehicles,with Related 1Equipment,Accessories and Supplies" w-w- w.,.,a, a I ....wawa New ezlQC Caintracts stagof Ohio-Colvrnb!4� F H Paschen S.N.Nielsen&Associates L IOC AG 2271 FHP Ar corl, ns ctlon,Inc. HCOAG 227 ACI Fad Contracting TO—kdC6A2271 FCL Custom Is Group LL.0 1101-IGCOAGCOMD-02271 -C monumv�rw mr�n xmnasm —.. Jahn n- u Construction AG 2271 J Arincorp Construction,Inc. COA O 2271 ACI Whalen Electric GCO EO -02271 H The K Compawjv,Inc H CAVO -02271 KC Custom ConGols Groin,LLC OHGCOAHVOMB-022718-CCG Custom Controls Group LLC OHGCOAROMA-022716-CCG I nw--,:Inc I COAO -02271 ArmcoArmcorp Construction,Inc. HGC ACO 02271 CI c anll's Construction Corp.,Inc GCOAG 227 CC Price Builders and Develoliers OGC AGC 2718-PBD P Page 735 of 770 Tote(4 Cgkf rnr�-4��iu�r�� P��rt4 ural Va11m: 4 StaplesConstructlon Company,Inc. CA-03-NCV 8-A-030618-STA A nQnee ems CA-03-NCV-CM-A-030618-AES dark Scott Construction Mark Scott Construction - 1 SC I AAGV,L B- 1 G AC'Cu,Entjneered Systems 4,-04-BA-CM-A-030616-AES Sure of teI tornfm,Region 5-Centn4 Valle, Mark n ctln CA-05-CV-A-"30618-MS Durham Constuction Co l.,any CA-05-CV-A-B-030618-DCC Durham ns ction o p n�, -C - 3061 CC -, Haus n on,Inc. ICA-05-CV-B-"30618-HCI a ,a ACCO nine rscJ,.° s,Inc -C A-01 ES Strateldc MechanicalInc CA-05-CV-CM-6-030618-SMI Newton Construction and Management CC-A-A-061 C Newton Construction and Manakement ICAr07-CC-8-A-030618-NCM William A.Thwvfir Construction 7-CC- 3061 ACCO C Services,Mesa en ncvstes, J'��RCC-CM-A-030618-AES,,. .,. .,-,-, Inc. CA-07-CC-CM-B-030628-E 5w e u3 lff IA-R on 8-5out l na HorlzonsConstru ion Companv International,Inc SL A-01 HCC Anneles Contractor,IncSLA -0 61 ACI ....... .Uw..., �� a MDJ Mana&,ment,Inc. CA-08-SL-B-A-030618-MDJ � Vincor Construction Incorporated CA-U-SL- -0306I&VC1 Horizons Constructl n Co..Int'I,Inc, SL- -030618-HCC n2 el s Contractor,Inc -SL- - 061-ACI Harry H.Joh Construction 0 SL- - 3061 C ronin Construction,Inc. CA- L-B-F- 1 CI nisLsl s Contractor,Inc L-C -A-03061 ACI 1--11111-11111111111 .,.mm. ABM Electrical and Li ting,Solutions,In ACCO Enfineered 'rstes,Inc. ICA-MSL-CM-A-030618-AE Constru on,inc SL - 3061 7 � An els Contractor,Inc -SL-CR-A-030618-ACI Good-Men Rocifirig and Construction,Inc -SL-CR- 61 G R A,ik eles Contractor,Inc. CA-09-SI-A-A-030618-ACI Vet-Force nglnrinl,l nst Ion -0 SI- - 3061 -V Vlncr Construction Incorporated C SI- - 1 -VCI Gronln Constru Ion Inc I- 30618-GCI I Har=p,H.Joh Construction Inc SI- -C-061 JC Pacific Buildik Group -SI- -D 6 nls Contractor,Inc. CA-09-SI-B-E-030619-ACI All Source Coatlnit=,,Inc -SI- F-01 ACCO E ,gneering SFste s Inc. SI-C -A 3061 AES Hari=e H.Joh Construction Inc -SI-C - 3061 C Pic c Con rs Groin, Inc. CA-09-SI-CP-"30618-POG rtkmeles Contractor,Inc. CA-09-SI-CR-A-030618-ACI Good-Men Inc Roofing and Construction SI- 61 R ®zlQC RENEWALS Centennial Contractors n rvi s,Inc. C0 3 17-CC Centennial Contractors Enterprises,Inc. C1-031417 C Centennial Contractors Enterprises,Inc. 5GCO2-03 17-CCE The Matthews Group,Inc. MD03GC01-031417-TMG HITT Contrctln Inc. SG 1 3 17-HCI L.......................... ........ Page 736 of 770 11.A. NEW BUSINESS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Review the Public Art Master Plan concept for the Town Square redevelopment project. Debby Coles-Dobay, Public Arts Manager to provide powerpoint presentation. EXPLANATION OF REQUEST: The Public Art Town Square Master Plan was conceived from the Aug. 24, 2017 Open Spaces and Public Art workshop. The Arts Commission and consultant facilitated an engagement process that used the five senses plus movement (see attached document) as a way to find out how the workshop participants wanted the future Town Square experience to feel. Further input was gathered from the July 27, 2017-April 25, 2018 Town Square planning meetings. The Arts Commission reviewed and approved the Public Art Master plan. The public art concepts are procured by call to artists, emerging/local artists or artists invite methods. The Art Commission and special Town Square selection teams have review the artists applications and presentations to select the project concepts that will be presented in the December 18, 2018 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This plan is being implemented through the Arts Commission approval process, managed by the Public Art Manager following the guidelines of the Public Art Ordinance 07-002. FISCAL IMPACT: Budgeted The Town Square Public Art Master project is funded by 1% of the Town Square construction cost with additional funds contributed by the private developer. ALTERNATIVES: Decide to not review the Public Art Master Plan concept presentation for the Town Square redevelopment project. STRATEGIC PLAN: Redevelop Downtown, Building Wealth in the Community, Boynton Beach Branding STRATEGIC PLAN APPLICATION: By integrating public art into the Town Square redevelopment plan it creates a cultural distinct downtown, connects the Art& Culture in Boynton Beach to the global community, initiates economic development, cultural tourism and a distinctive City branding image. By implementing an Emerging/Local artists program for the Town Square Public Art Master Plan it builds local wealth and guides artists how to become public artists. CLIMATE ACTION: No Page 737 of 770 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Town Square Public art Master Plan Page 738 of 770 /41� �IOriC AAS iJr Ku— lar iy Kill MEKEES ONES 02 MEKnom Emus On KNIKE Kamm ME RZKO KE U) =KM ImmmKINKE ONES anon sor Kul= KNEE Knom us ME smom sm mm ow KEES KIM us KE Kim MR an • M3lKZ on t `: Y Lwat. aM:a,a�xw,w.r�M�{ 1y® III ..wu .. .:all.„�3%RfR .'Am'1■m;«'�N1■" `.M csimmll{.- - x Y.�,.:rcdL� •:-a.,a k��-- r 11 � • .........■Ir■ AIM y l{,n�.Y■u�'P" Y f¢ \iR . Y.#19MYNtii'ffi/.Il p IW`dp I IM■ IYf■rW■ 11■111■IIMII�/ ■■i■ `�. - • �l a{ . f all _ • i VolV cz IN I Y ��i AAf pp.1111ry� �g 1 4i rruu ./1i■rrur rrilirrrrm■irrriirr;�arlgg� }. 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(6 � Q V) (L6 0 � N U = O O N = 4- O L � a) a) +- J �. +r U U +r H O O Wv - � W a) 0 QQ � E 0 - ,0cnUocn - o Zc6 _ � Loa — _ ° � oo � ° � ° � Oy � LU M Z � 0 ��,= UUU � (DmUU � > > O 'er c� (u J 0 .— Q Ems- ; w z � E UOQ 0 °� �_ � Ute ° W (D _0 o� 00 ° - U QOU Q � o ax) QM °� ttt} i r tsr r rrrr tier S rtirf�� iryitr ri t fr?tt r t rrr }p� � V}frlr iirrst r 4tr'i� 1U1tSrt P� tr� r - Ir ltl 144{sr 5z ({s ar t � � vN t j5 air t `— irr�i:� z, e � Q Q O � U 2 U N O U) U) N + Q N CO C: N r U) > - } t.. (� 0 Y Y E N i N 0 _ - —0 W x , O Z x P: F— �R— _(D r rpt Ott, N Z ( � x (D W 1, U) O H /Y = ON r CC srrF ZO W 0 LL w Z - 0 E 0 � V O E W J �� 0 2 -0 N N m t Nor I W r (u N _W co 11.B. NEW BUSINESS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-183-Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach and Tropical Breeze Estates for the acquisition of the Tropical Breeze water and wastewater system, and approve the associated costs to purchase the systems, install the necessary water meters and connection to the water distribution system. EXPLANATION OF REQUEST: Tropical Breeze Estates has been in discussion with the utility for in excess of two years regarding the possibility of the utility assuming responsibility for the provision of potable water and the management of their water distribution and wastewater collection systems. The Tropical Breeze Estates residents have now approved the concept of the purchase and their management committee have reached agreement with the utility on the terms of the sale. An agreement has been prepared by the City Attorney's Office and reviewed by both parties. In the interim the utility has performed their due diligence and has inspected the water and wastewater systems within Tropical Breeze and has determined that there are no significant issues that would deter them from proceeding with the asset purchase. Following approval of the agreement the Utility will be installing water meters at each of the residences and providing for connection to their water distribution system. Tropical Breeze will be assuming responsibility for the connection fees which will be paid over 4 quarters. Each resident will be required to provide the usual service agreement for those residing outside the City as well as the $100 deposit. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There should not be any significant impact on Boynton Beach Utilities operations. Any further upgrades to the distribution system and collection systems in Tropical Breeze will occur as part of routine maintenance and repair needs. FISCAL IMPACT: Budgeted Costs are as follows Asset Purchase fee $10 Connection to distribution system$40,000 Installation of meters$160,000 Installation of cleanouts$180,000 Funds are available in the Capital Improvement Plan Customers are outside the City limits and will pay the 25% surcharge. The Utility anticipates recovering the expenses associated with this purchase in approximately 3 years based on current rates. ALTERNATIVES: Not to proceed with the purchase Page 743 of 770 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approvingTropical Breeze Asset Purchase Agreement D Agreement Asset Purchase Agreement® Tropical Breeze Estates D Exhibit Exhibit A D Exhibit Exhibit B ® Text D Exhibit Exhibit B - water D Exhibit Exhibit B - Wastewater Page 744 of 770 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN AN ASSET PURCHASE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND TROPICAL BREEZE 7 ESTATES FOR THE ACQUISITION OF THE TROPICAL BREEZE 8 WATER AND WASTEWATER SYSTEM; APPROVING THE 9 ASSOCIATED COSTS; AND PROVIDING AN EFFECTIVE DATE 10 11 WHEREAS, Tropical Breeze Mobile Home Estates (Tropical Breeze) has been in 12 discussion with the Boynton Beach Utilities Department regarding the possibility of the 13 Utilities Department assuming responsibility for the provision of potable water and the 14 management of their water distribution and wastewater collection systems; and 15 WHEREAS, the City Commission, upon recommendation of staff, deems it to be 16 in the best interests of the citizens and residents of the City of Boynton Beach to approve 17 and authorize the Mayor to sign an Asset Purchase Agreement with Tropical Breeze Estates 18 for the acquisition of the Tropical Breeze water and wastewater system. 19 NOW, THEREFORE,BE IT RESOLVED 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 as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 25 approves and authorizes the Mayor to sign an Asset Purchase Agreement with Tropical 26 Breeze Estates for the acquisition of the Tropical Breeze water and wastewater system, a 27 copy of which is attached hereto as Exhibit"A". 28 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\725046FE-5745-483F-A7E5-54585379F1F5\BoyntoPage 745 of 770 Beach.13785.1.Tropical_Breeze_Estates_Asset Purchase_Agreement -_Reso.Docx 29 Section 3. That this Resolution shall become effective immediately. 30 PASSED AND ADOPTED this day of , 2018. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor— Christina L. Romelus 38 39 Commissioner—Mack McCray 40 41 Commissioner—Justin Katz 42 43 Commissioner—Aimee Kelley 44 45 VOTE 46 ATTEST: 47 48 49 50 Judith A. Pyle, CMC 51 City Clerk 52 53 54 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\725046FE-5745-483F-A7E5-54585379F1F5\BoyntoPage 746 of 770 Beach.13785.1.Tropical_Breeze_Estates_Asset Purchase_Agreement -_Reso.Docx ASSET PURCHASE AGREEMENT BETWEEN TROPICAL BREEZE ESTATES, INC. AND THE CITY OF BOYNTON BEACH This Asset Purchase Agreement (the "Agreement") is entered into on this day of , 2018 by and between the City of Boynton Beach, a Florida municipal corporation, (hereinafter referred to as "Purchaser") and Tropical Breeze Estates, Inc., a Florida not for profit corporation (hereinafter referred to as "Seller"). WITNESSETH: WHEREAS, the Seller is the owner of a utility system consisting of the water distribution system and wastewater collection system in Palm Beach County, Florida, (collectively the "Facilities"), which serves the residential community more fully described on Exhibit "A", which is attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"); and WHEREAS, Seller is currently operating the Facilities upon the common areas of the Property (the "Common Area") and upon the individual lots within the Property (the "Lots"); and WHEREAS, the Purchaser is engaged in providing water service to the various communities in the area in which the Property is located (the "Service Area"), and it is interconnected with Seller's Facilities; WHEREAS, Purchaser desires to acquire, and Seller desires to sell the Facilities, subject to the terms and conditions of this Agreement, as such Facilities may be modified prior to Closing with the consent of the City of Boynton Beach. NOW, THEREFORE, in consideration of the mutual covenants as hereinafter set forth, the parties hereto agree as follows: 1. The recitations set forth above are hereby incorporated herein by reference. 2. In consideration of the payment of $10.00, and other good and valuable consideration, to be paid by the Purchaser to the Seller, the Purchaser agrees to purchase from the Seller the Facilities as described in Exhibit "B", which is attached hereto, and incorporated herein by reference. Exhibit "B" is a detailed map of the Facilities of Seller to be acquired by Purchaser, pursuant to this Agreement. The exhibit delineates the installation location and description of the Facilities to be acquired by Purchaser. The 100254884.1306-99052471 1 Page 747 of 770 purchase of the Facilities shall be "as is", and the Purchaser agrees that any repair, replacement or reconstruction of the Facilities, after Closing, that is made by Purchaser, at its sole discretion, shall be made without any additional assessment to the Seller's customers, except as provided herein. After Closing, the Purchaser must maintain, repair and replace the Facilities such that they are in good and working condition at all times. The Purchaser will not be responsible for impairment of services due to acts of God, strikes, boycotts, blackouts, fires, other casualties or other circumstances beyond the control of the Purchaser, provided, however, Purchaser must promptly repair or reconstruct the Facilities, as needed. The foregoing will survive Closing. 3. The Facilities to be acquired by Purchaser from Seller include all water distribution system and wastewater collection assets and equipment owned by the Seller within the Property, excluding the Seller's existing water plant. 4. The purchase includes the engineering plans and specifications for the Facilities along with all other records related to the Facilities. 5. The purchase of the Facilities expressly excludes customer deposits and accounts receivables, if any. 6. Attached hereto as Exhibit "C" is a list, signed by the Seller, which briefly describes, as of the date of this Agreement, the following: 6.1 All pending or threatened actions at law, suits in equity or administrative proceedings relating to the Facilities; 6.2 All contracts or obligations of any nature between Seller and any other party relating to the Facilities, including all developer agreements relating to the Facilities ; and, 6.3 All real estate, easements and rights and/or privileges associated with the Facilities to be transferred hereunder. 7. Purchaser is exempt from the Florida Public Service Commission regulation (hereinafter referred to as the "Commission"). 8. In order to induce Purchaser to enter into this Agreement and close on the purchase of the Facilities, the Seller makes the following representations: 8.1 Seller is a Florida not for profit corporation duly incorporated, validly existing and in good standing under the laws of the State of Florida 100254884.1306-99052471 2 Page 748 of 770 authorizing it to construct, operate and maintain a water distribution system. 8.2 The Facilities are constructed within the Property. Seller will provide the Purchaser with an easement over, upon and through the Common Areas for the purpose of accessing the Facilities located within or upon the Common Area. 8.3 Seller is, and at the Closing (the "Closing" as hereinafter defined) will be, the owner of the Facilities with good and marketable title, free and clear of all liens and encumbrances. 8.4 Seller will cooperate fully with the Purchaser in any and all applications or petitions to public authorities deemed necessary or desirable by Purchaser in connection with the purchase of the Facilities from Seller as contemplated herein. 8.5 Except as indicated in Exhibit"C", which is attached hereto, there are no pending or threatened actions at law or suits in equity relating to the Facilities, or any pending or threatened proceedings before any governmental agency relating to the Facilities; there are no contracts or obligations of any nature between Seller and any other party relating to the Facilities or service or promised service; neither Seller nor any entity or individual affiliated with Seller has executed any agreement with purchasers of lots within the Service Area, or any other parties, where under such purchases or other parties have acquired any interest in the Facilities used or to be used in rendering service to them. 8.6 The Facilities are capable of rendering utility service in the ordinary course of business in compliance with all federal, state and local rules and regulations including but not limited to all rules and regulations related to environmental protection and drinking water. 8.7 Prior to the Closing, the consummation of the transactions contemplated herein will have been duly authorized by all necessary action, corporate or otherwise, on behalf of Seller. 8.8 Seller has filed all tax returns which are required to be filed, and each return which has been filed is true and correct, and Seller has paid all taxes shown as payable on such returns when and as required by applicable law associated with the Facilities. 8.9 No representation or warranty by Seller in this agreement, or any statement or certificate furnished or to be furnished to Purchaser pursuant hereto or in connection with the transactions contemplated herein, contains or will contain any untrue statement of a material 100254884.1306-99052471 3 Page 749 of 770 fact or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading. 9. The Closing shall take place within ninety (90) days of the date of the execution of this Agreement by the Purchaser. At the Closing, the Purchaser shall pay the Seller Ten and 00/100 Dollars ($10.00), (the "Purchase Price") and upon receipt of payment, the Seller will, upon due performance by Purchaser of its obligations under the Agreement, deliver to Purchaser, the following: 9.1 Such good and sufficient bills of sale with covenants of warranty, and sufficient instruments of sale, in form and substance reasonably satisfactory to Purchaser's counsel, as shall be required to vest in Purchaser marketable title to all of the Facilities, free and clear of liens and encumbrances of every nature that would render title to the Facilities unmarketable, provided, however, Purchaser acknowledges that the Facilities will remain subject to the Seller's recorded governing documents and restrictions; 9.2 All of the files, documents, papers, agreements, books of account, engineering drawings, and records possessed by Seller pertaining to the Facilities ; 9.3 A release and termination of the Agreement dated May 12, 1980 entered into between the City of Boynton Beach and Northern Pines Mobile Homes, Inc., a copy of which has been provided to Seller, to the extent that Seller may release and terminate such agreement. 9.4 All orders, permits, license or certificates issued or granted to Seller by any governmental authority in connection with any authorization related to the construction, operation or maintenance of its Facilities or the conduct of its water and sewer utility business; and 9.5 Opinions of Counsels, dated as of the Closing, that upon the delivery to Purchaser of the Bill of Sale and the approval of respective legislative parties under Section 180.301, Florida Statutes, that Purchaser will then have title to the Facilities, free and clear of all liens and encumbrances in connection with the acquisition, construction, installation, and financing of the Facilities, provided, however, Purchaser acknowledges that the Facilities will remain subject to the Seller's recorded governing documents and restrictions. 9.6 Any necessary temporary or permanent easements over, upon or through the Common Area, which are required in order to permit Purchaser to perform repairs or system improvements. 100254884.1306-99052471 4 Page 750 of 770 9.7 "Water Service Agreements" to be provided by Seller shall be executed by each Lot owner. The "Water Service Agreements" shall consist of the following: Agreement for Water Service Outside the City Limits and Covenant for Annexation, Irrevocable Power of Attorney, Summary Agreement for Water Service Outside the City Limits and Covenant for Annexation and the City of Boynton Beach Utilities Service Application (Residential). The cost of recording any Summary Agreement for Water Service Outside the City Limits and Covenant for Annexation executed before or within 120 days after Closing shall be paid by the Purchaser. If a Lot owner fails or declines to execute any such Water Service Agreement, that Lot shall not receive any utility service from Purchaser. Any Summary Agreement for Water Service Outside the City Limits and Covenant for Annexation executed more than 90 days after Closing shall be recorded at the Lot owner's expense. This subparagraph shall survive Closing. 9.8 Any and all costs and fees associated with the Closing, unless otherwise specified, shall be the Purchaser's responsibility. 10. Purchaser does not assume any liabilities of Seller wholly arising prior to Closing. 11. The Seller and Purchaser acknowledge that each Lot within the Property of the Tropical Breeze Estates community is individually owned. Therefore, in order for the Purchaser to successfully operate the Facilities after Closing, it is necessary for the Seller to impose an assessment which represents a facility connection fee to benefit each Lot within Tropical Breeze Estates. The connection fee to be imposed against each of the 323 Lots, which includes three Lots owned by the Seller, which Lots are part of the Common Area, shall be an amount equal to Two Hundred Seventy Five and 00/100 Dollars ($275.00) per Lot. Therefore, the total connection fee to be paid by Seller to Purchaser is an amount equal to Eighty Eight Thousand Eight Hundred Twenty Five and 00/100 Dollars ($88,825.00). The connection fee shall be payable by Seller to Purchaser in four (4) quarterly payments of Twenty Two Thousand Two Hundred Six and 25/100 Dollars ($22,206.25) commencing ninety (90) days after Closing, and each ninety (90) days thereafter. This paragraph shall survive closing. 12. The Purchaser shall install an additional valve on the customer side of the water meter at each Lot, at no cost to the Seller or the Lot owner or residents of the Lot. 100254884.1306-99052471 5 Page 751 of 770 13. Following the establishment of water service for each lot, any delinquencies in any customer account shall be addressed through the City of Boynton Beach's utility department process. 14. The Purchaser agrees and acknowledges that annexation is not a required stipulation for the purchase, provided, however, in the event the Purchaser determines to annex Lots in accordance with the above described Water Service Agreements, the Common Area of the Property shall also be required to be contemporaneously annexed. 15. The Purchaser agrees and acknowledges that the Seller and the residents of Lots shall receive a rate no less favorable than the rate offered by the Purchaser to any other customer it serves outside of the boundaries of the City of Boynton Beach. This paragraph shall survive Closing. 16. The Seller, the Lot owners and the residents of Lots may call Purchaser's Customer Service centers for all utilities service issues. 17. The Purchaser agrees to assume all responsibilities and cost for connection of the Facilities purchased from Seller to Purchaser's utilities services. The work shall be performed by the Purchaser in a good, proper and workmanlike manner in accordance with all Federal, State and local codes. Notwithstanding anything to the contrary herein this Agreement, any damage to the Common Area or the Lots, or any homes or other improvements located thereon, including, without limitation, grass or other landscape, as a result of the work shall be promptly repaired and restored to its original condition, or as near to its original condition as reasonably practicable, by the Purchaser. 18. The Purchaser agrees to assume all responsibilities and costs associated with the disconnection of Seller's distribution system from the Seller's water plant. The Purchaser is not responsible for any costs associated with the closing of the Seller's water plant or associated water wells. 19. At the Closing and from time to time thereafter, Seller shall execute and deliver such further instruments of sale, conveyance, transfer and assignment, and take such other action (without expending funds or bringing suit) as Purchaser may reasonably request, in order more effectively to sell, convey, transfer and assign to Purchaser any of the Seller's Facilities, to confirm the title of Purchaser thereto, and to assist Purchaser in exercising rights with respect thereto. 20. If either party defaults in the performance of any of its obligations or requirements under this Agreement, and the defaulting party fails to remedy such default 100254884.1306-99052471 6 Page 752 of 770 within fourteen (14) days after written notice by the other Party of such default(s) (the "Default Notice"), except for a failure to close in accordance with the terms of this Agreement which shall constitute an immediate default for which no Default Notice is required, the non-defaulting Party shall have, as its sole remedy for such default, the option to pursue an action in court or otherwise against the defaulting party for specific performance of this Agreement and obtain such orders or decrees as appropriate to achieve specific performance of the defaulting parties' obligations under this Agreement. In the event either Party is required to enforce this Agreement by court proceedings or otherwise, the prevailing party shall be entitled to collect from the non-prevailing party its reasonable attorneys' fees, paraprofessional fees and costs incurred pretrial, at trial, and at all levels of proceedings, including appeals. 21. Within fifteen (15) days following the execution of this Agreement, Purchaser will file applications for transfer with the appropriate regulatory agencies requesting the transfer of the Public Utility permits or sequential water use permit. Seller agrees to cooperate fully with Purchaser in Purchaser's application for such transfers and approvals. 22. Upon purchase of the Facilities from Seller, and Seller's compliance with the terms and conditions of this Agreement, Purchaser agrees to supply the Lots and Common Area of the Property, Tropical Breeze Estates, with continuous (subject to unavoidable outages) adequate and customary utility service, and to operate, continuously maintain and promptly repair Facilities acquired herein. The Seller and the residents of Lots shall receive a rate no less favorable than the rate offered by the City of Boynton Beach to any other customer it serves outside of the boundaries of the City of Boynton Beach. This warranty shall survive the Closing of this Agreement. 23. The failure of either party hereto to enforce any of the provisions of this Agreement or the waiver thereof in any instance by either party shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall, nevertheless, be and remain in full force and effect. 24. Any notice of delivery required to be made hereunder may be made by mailing a copy thereof addressed to the appropriate party as follows: If to Purchaser: Mr. Colin Groff, Assistant City Manager City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 100254884.1306-99052471 7 Page 753 of 770 With Copy To: Lori Laverriere, City Manager P.O. Box 310 Boynton Beach, FL 33425 With Copy To: James A. Cherof, City Attorney P.O. Box 310 Boynton Beach, FL 33425 If to Seller: Tropical Breeze Estates, Inc. c/o Board of Directors 4280 Mockingbird Drive Boynton Beach, FL 33436 With Copy To: Kaye Bender Rembaum L.P. Attn: Peter C. Mollengarden, Esquire 9121 N. Military Trail, Suite 200 Palm Beach Gardens, FL 33410 Delivery, when made by registered or certified mail, shall be deemed complete upon mailing. 25. The Attachments to this Agreement are a part hereof and are hereby incorporated in full by reference. 26. This Agreement shall be governed by the laws of the State of Florida. Venue for any litigation filed to enforce the terms and conditions of this Agreement shall be filed in the appropriate state or federal court located in Palm Beach County, Florida, to the exclusion of all other venues. 27. The representations and warranties of the Seller contained herein shall survive, and continue in effect, after the Closing for a period of one year from the date of Closing. 28. Seller agrees to indemnify Purchaser, its successors and assigns, and hold it harmless against any loss, damage, liability, expense or cost accruing or resulting from any misrepresentation or breach of any representation, warranty or agreement on the part of the Seller under this Agreement or from any misrepresentation in or material omission from any certificate or other document furnished or to be furnished to Purchaser by Seller. This provision shall survive Closing. 100254884.1306-99052471 8 Page 754 of 770 29. To the extent permitted by law, and subject to the limitations contained in Section 768.28, Florida Statutes, Purchaser agrees to indemnify Seller, its successors and assigns, and hold it harmless against any loss, damage, liability, expense or cost, accruing or resulting from any work associated with the connection of the Facilities to Purchaser's utility system, any maintenance, repair, replacement or reconstruction of the Facilities and any misrepresentation or breach of any representation, warranty or agreement made or to be performed by Purchaser under this Agreement or from any misrepresentation in or material omission from any certificate or other documents furnished or to be furnished to Seller by Purchaser. This provision shall survive Closing. 30. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 31. Modification. This Agreement may not be changed, altered, modified, amended or terminated except by written agreement signed by both the Seller and Purchaser. 32. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, assigns and successors in interest. This Agreement is solely for the benefit of the Parties to this Agreement and no right or cause of action shall accrue upon, to or for the benefit of any third party not a party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties to this Agreement any right, remedy or claim under or by reason of this Agreement or any provisions or conditions of this Agreement, and all of the provisions, representations, covenants and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Parties to this Agreement and their respective representatives, successors and assigns. Notwithstanding anything to the contrary set forth in this Agreement, any provision of this Agreement regarding fees to be paid by the Lot owners to Purchaser shall be for the benefit of the Lot owners and shall be enforceable by the Lot owners. 33. Severability. In the event that any paragraph, section, term, provision or portion of this Agreement is determined to be illegal, unenforceable, or otherwise invalid, such paragraph, section, term, provision or portion of this Agreement shall be given its nearest legal meaning or be stricken from and construed for all purposes not to constitute a part of this Agreement, and the remaining portion of this Agreement shall remain in full force and effect and shall, for all purposes, constitute the entire agreement. 100254884.1306-99052471 9 Page 755 of 770 34. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, and a complete set of which taken together shall constitute one and the same agreement. The parties agree and intend that a signature by facsimile machine or electronic transmission (i.e. e-mail) shall bind the party so signing with the same effect as though the signature was an original. 35. Entire Agreement. This Agreement constitutes the complete understanding and entire agreement of the Seller and Purchaser with respect to the matters addressed in this Agreement and there are no other agreements, representations, or warranties other than as set forth in this Agreement. No agreement or representation, unless set forth in this Agreement, shall bind any of the Parties to this Agreement. 36. Waiver of Breach. The failure of the Seller or Purchaser to enforce any provisions of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement, or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 37. Time and Time Periods. Time is of the essence in the performance of each of the obligations contained in this Agreement. Unless otherwise specifically provided in this Agreement, time periods shall be determined on calendar days, including Saturdays, Sundays and legal holidays. Wherever any time limit or date provided in this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then that date is automatically extended to the next day that is not a Saturday or Sunday or legal holiday. For purposes of this Agreement, the term "Business Day" means any weekday that is not a legal holiday under the laws of the State of Florida. 38. Headings. The headings, captions and section numbers appearing in this Agreement are inserted only as a matter of convenience and do not define, limit, construe or describe the scope or intent of such paragraphs of this Agreement or in any way affect this Agreement. 39. Construction of Agreement. The Purchaser and Seller acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all Parties and their respective counsel. Accordingly, all Parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any Party based upon authorship. 100254884.1306-99052471 10 Page 756 of 770 40. Execution of Documents. Each Party covenants and agrees that it will at any time and from time to time do such acts and execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such documents reasonably requested by the other Party necessary to carry out fully and effectuate the transaction contemplated by this Agreement and to convey good and insurable title for all conveyances subject to this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above first written. ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Judith Pyle, City Clerk Steven B. Grant, Mayor (SEAL) Approved as to Form: James A. Cherof, City Attorney STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 20187 by Steven B. Grant, as Mayor of the City of Boynton Beach, who are personally known to me or have produced as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public 100254884.1306-99052471 11 Page 757 of 770 TROPICAL BREEZE ESTATES, INC., a Florida not for profit corporation By: Print Name: Title: ATTEST: By: Print Name: Title: (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 207 by , and as and of Tropical Breeze Estates, Inc., a Florida not-for-profit corporation, who is personally known to me or has produced a as identification, on behalf of Tropical Breeze Estates, Inc., and has executed the foregoing instrument on behalf of Tropical Breeze Estates, Inc.. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public 100254884.1306-99052471 12 Page 758 of 770 O N � eib1,� `�7) /• w �$,� tR �, � �' 1 e t � °� �"r RSO v '� S i •d•4 P; � m 3 `� Y U` I �O� ------------- iV t Y FIA 6,]Ap.SSM pp 310 w a H 1 a lI°Iiia '^ ! 4 i p LL Pa leuP,eo F t _Pa 146 N zZ ,H- Ptl Plo6"eW a 00 ji, 9 �y fi` X11 0-d e14WL M �Y`inI�'"" 4 E s6 Nj r � LULL I R a H LL 1-r-ULL, �� 1 44s P ii Ise �j 'A I ` .. Io a�aLn � :k �:d t Rea Pe4 a �mS — 4 a R a ��eyo waw n i �i F� e d r 'A , t= � 1 r it r ellzz EXHIBIT "B" List of Assets to Be Transferred to City of Boynton Beach Asset Purchase Agreement between Tropical Breeze Estates, Inc. The complete utility system being purchased by the City of Boynton Beach from Tropical Breeze Estates, Inc. is only the underground system of water distribution, consisting only of pipes and lines, including main lines, lateral lines, service lines, manholes and underground valves and controls, to which the City to Boynton Beach will initially connect the City's water system.The City of Boynton Beach intends to install water meters at each home site and to eventually upgrade and or replace the distribution system at the City's discretion. The water distribution system begins at the connection point of each mobile home lot and continues below ground connecting to the City of Boynton Beach's potable water supply. Other community facilities (clubhouse, mail center, game courts, etc.) also will have water meters installed and connected to the water and wastewater distribution system The existing water treatment facility is specifically excluded from this Asset Purchase Agreement, and all of the real estate upon which the facility is currently situated, and all equipment (buildings, pumps, electrical controls, water meters, storage and hydropneumatic tanks, variable flow devises, chlorinating filters, softeners, and related devices) are specifically excluded from this Asset Purchase Agreement. 100260563.1306-99052471 Page 760 of 770 6106 OZOP.. 6t06 IODPOOT7 za 0£06 ; , V 6Zob 0 6cot,, 0606 6£.OV 06 Os06 A, 6606 U 65017 0906 .a� 6506 09017 Z " 6906 010171 v i 6906. 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FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Palm Beach County Commissioner Weinroth - District 4 wanted to introduce himself to the City Commission. - January 15, 2019 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 763 of 770 13.B. FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: The Public Works Department will present a brief report on operations and initiatives for the upcoming year. January 15, 2019 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 764 of 770 13.C. FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review- February 5, 2019 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 765 of 770 13.D. FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 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 766 of 770 13.E. FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission - TBD 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 767 of 770 13.F. FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: The Mayor has requested to discuss the issue of installing EV stations in the city and the operation of them. - 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 768 of 770 13.G. FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: The Mayor has requested a discussion on the possibility of planting trees on some of the City's vacant lots- 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 769 of 770 13.H. FUTURE AGENDA ITEMS 12/18/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/18/2018 REQUESTED ACTION BY COMMISSION: Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects- 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 770 of 770