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Agenda 02-05-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, February 5, 2019, 6:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Regular City Commission Meeting --REVISED 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 1207 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 1207 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Rev. Amalie Ash, 1st Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Romelus. 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. City offices will be closed on Monday, February 18th in observance of Presidents' Day. B. Announce SE 1st Street Sidewalk Improvements Public Information Meeting on Thursday, February 7th, 2019 at 6:00 PM in the Boynton Beach Utilities Department located at 124 E Woolbright Rd. C. Announce the passing of Amendment 4 during the 2018 General Election restoring voting rights to felons. The Amendment became effective January 2019. Informational flyers will be available at the meeting for the public. D. Proclaim February 11th-17th, 2019 as 2-1-1 Awareness Week. Sharon L'Herrou, 211's President/CEO will be present to accept the proclamation. E. Proclaim the month of February, 2019 as American Heart Month. Tim Stergiou-Allen, Director of Communications will accept the proclamation. F. Proclaim Thursday, February 7, 2019 as Robert E. Wells Day G. Announcement by Recreation & Parks Director Wally Majors about the upcoming Barrier Free 5K and Magic Wheels & Special Deals events on February 8th and 9th. A brief slide show featuring previous Magic Wheelchairs will be included. H. Recognize Boynton Beach Fire Rescue Department's outstanding performance in the Florida Fire Chief's Association Rapid Intervention Team competition in Daytona Beach. Presented by Chief Glenn Joseph. I. Introduction of the Boynton Beach Superheroes featured in the 2019 Calendar by Eleanor Krusell, Public Communications& Marketing Director and Laura Lansburgh, Marketing Manager. J. Presentation by David Scott on Opportunity Zones 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 Page 3 of 1207 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. Approve Task Order UT-313-01 with AECOM in the sum of $99,920.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B executed on August 22, 2018 for the development of conceptual plans and costs for serving the southern portion of the Town of Ocean Ridge with wastewater collection services. B. Approve Task Order UT-3C-02 with Globaltech in the sum of$ 48,684.50 in accordance with RFQ No.046-2821-17/TP General Consulting Services Contract, Scope C executed September 7, 2018. This task order will allow the consultant to provide predesign and conceptual study of an Alternative Reclaimed Water Supply Project. C. PROPOSED RESOLUTION NO. R19-012- Approve and authorize the City Manager to sign an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2019-2020 budget with the scope of professional services and specialized assistance in the amount of$17,500. D. PROPOSED RESOLUTION NO. R19-013- Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Local Government Surtax Capital Projects Fund (303) to decrease the appropriations by $74,447 from $12,056,607 to $11,982,160. E. Accept the City of Boynton Beach FY2017/2018 Annual Grants Report. F. Accept the written report to the Commission for purchases over $10,000 for the month of December 2018. G. Approve the minutes from City Commission meetings held on January 15, 2019. 7. BIDS AND PURCHASES OVER $100,000 A. Award Bid No. 010-2511-19/IT to the lowest responsive and responsible bidder, Kelly Janitorial Systems, Inc. of Doral, Florida for Janitorial Services for City Municipal Buildings and Facilities in the estimated two-year amount of $406,203.12 plus $80,000 for additional services that may be required for a total estimated two-year amount of$486,203.12. Issuance of purchase order is contingent upon receipt and approval of insurance and applicable payment and performance guarantys and blanket fidelity bonds. The bid allows for three (3), one-year renewals contingent upon mutual approval and determination that renewal is in the City's best interest. B. PROPOSED RESOLUTION NO. R19-014-Authorize the City Manager to sign the Kinetic Art Fabrication Agreement with EES Designs, LLC of Fort Lauderdale, FL in the amount of $334,161.45 for the Town Square Kinetic Public Art Project. C. Approve Task Order LIT-11D-02 with Kimley-Horn and Associates, in the amount of $112,474 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 for assistance with the City's 2019 Transportation Alternative Program grant application on SE 1st Street and 30% civil engineering design plans. 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. Page 4 of 1207 A. PROPOSED ORDINANCE NO.19-004 - FIRST READING - Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL). Applicant: City-initiated. Tabled to 215119. PROPOSED ORDINANCE NO.19-005 - FIRST READING - Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton Beach Mall DRI from the list of DRI-classified sites. Applicant: City-initiated. Tabled to 215119. B. PROPOSED ORDINANCE NO. 19-001 - FIRST READING - Approve Country Trail PUD annexation (ANEX 19-001) Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-002 - FIRST READING - Approve Country Trail PUD Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR) with a maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-003 - FIRST READING - Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) C. Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. Applicant: M21D Country Trail, LLC. (Applicant request postponement to March 19, 2019) 9. CITY MANAGER'S REPORT A. Discuss sending a City Commission representative to PBC Days on March 5-6, 2019 and authorize travel accordingly. Additionally, the PBC Legislative Action Days will be held March 26-27 in Tallahassee. The Commission may want to consider attending this event as well. B. Consider disposition of the following city owned land: 1. Vacant Land (SW 1st Ct) (Adjacent to Leisureville) (PCN #08-43-45-29-00-000-1040) C. Authorization for City Manager to enter into Purchase and Sale agreement subject to City Attorney's approval of form and format for the following City owned property: 1. Vacant Lot(SW 24th Ave) (PCN #08-43-45-32-01-002-0110) D. Discuss disposition of the following City owned property: 1. 2240 South Congress Avenue (PCN #08-43-45-32-00-000-3030) 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-015 - Approve and ratify the Collective Bargaining Agreement for the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 and the City. B. Discuss new mobility options for potential implementation in the City including electric vehicle infrastructure, car sharing, e-scooter sharing, etc. C. Approve the request of Vice Mayor Romelus to donate $250.00 of her Community Support Funds to the Girls Scouts of Southeast Florida Inc. Page 5 of 1207 Girl Scout Troop 24205 and Troop leaders, Joane Celestin and Jennifer McDonald will be present to accept check. 12. LEGAL A. PROPOSED ORDINANCE NO. 19-006 - SECOND READING - PUBLIC HEARING - Approve modifications to parking requirements (CDRV 19-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V. Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking requirements for residential uses. City initiated. B. PROPOSED ORDINANCE NO. 19-007 - SECOND READING - PUBLIC HEARING - Approve modifications to shed requirements (CDRV 19-002), amending the Land Development Regulations, Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.E., to increase potential siting locations for permanent sheds and storage structures. City initiated. C. PROPOSED ORDINANCE NO 19-008 - SECOND READING - PUBLIC HEARING - Approve a revision to Chapter 26-508 adding subsection (d) to allow the City Manager or Utility Director to execute large user reclaimed water agreements for reuse customers. D. PROPOSED ORDINANCE 19-009 - FIRST READING - Approve changes to Chapter 18, Article IV, Pensions for Firefighters. E. Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled to March 19, 2019) F. Approve negotiated settlement in the amount $50,000.00 in the case of Leif Broberg v. City of Boynton Beach. 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Police- March 2019 Fire- May 2019 B. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- June 2019 C. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects- March 2019 D. The Mayor has requested to discuss possibility of putting together a Veteran's Task Force to assist with veteran events- February 19, 2019 E. Discuss and approve the 2019 Legislative Priority Agenda for the City - February 19, 2019. 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. Page 6 of 1207 ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 1207 1.A. OPENING ITEMS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation by Rev. Amalie Ash, 1st Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Romelus. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 1207 2.A. OTHER 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 9 of 1207 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: City offices will be closed on Monday, February 18th in observance of Presidents' Day. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: There is no alternative as the day is designated as a holiday. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 10 of 1207 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Announce SE 1st Street Sidewalk Improvements Public Information Meeting on Thursday, February 7th, 2019 at 6:00 PM in the Boynton Beach Utilities Department located at 124 E Woolbright Rd. EXPLANATION OF REQUEST: The City of Boynton Beach is proposing the addition of sidewalk on both sides of SE 1st Street from Boynton Beach Blvd to Woolbright Road to improve pedestrian safety. I n addition, the City is applying for grant funding through the 2019 Transportation Alternatives Program, administered by the Palm Beach Transportation Planning Authority. As part of the grant process public input is required so the City can design and build this project in a manner that is supported by the residents it is intended to serve. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed sidewalk will improve pedestrian safety. FISCAL IMPACT: The City is applying for grant funding through the 2019 Transportation Alternatives Program, administered by the Palm Beach Transportation Planning Authority. Any required matching funds will be paid for from Surtax Sales dollars as approved in the City's Capital Improvement Plan. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: TBD Page 11 of 1207 ATTACHMENTS: Type Description D Attachment Meeting Notice Page 12 of 1207 riCITY OF BOYNTON B E A C H PUBLIC INFORMATION INOTICE South East 1 st St. Project (W. Woolbright Rd. to E. Boynton Beach Blvd.) Thursday, February 7, 201 6 pm - 7 pm Boynton Beach Utilities 1 124 Woolbright Ave., Boynton Beach The meeting will Pu ar';rM_,iroisl,«� �,aw y include: East Boynton Beach Blvd -Project Progress NottoScale ■Proposed «.-,A'° Transportation Improvements ■Public Input Project Location SE I"Street from r,.=, 111111 East Boynton Beach Blvd City representatives will be to East Woolbrl Woolbright 9 available to present the project and answer questions during the meeting. Oueun R; For more information: Paola Mendoza, Associate Engineer Phone: 561-742-6266 Email: MendozaP@hbfl.us ;J(T For modifications under the ADA, call Debbie Majors at 561-742-6241, or Sm",'I l'l 'Ga;`e'`�� Q Florida Relay at 1.800.955.8771, by 4 February 3, 2019. W.b11,111 std Eastftolbright Rd ,O 01 k,e,u Boynton-Beach.org ]t U l.'�I19F Hyl 7f3. ,�sF 000@ Page 13 of 1207 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Announce the passing of Amendment 4 during the 2018 General Election restoring voting rights to felons. The Amendment became effective January 2019. Informational flyers will be available at the meeting for the public. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other FAQs Page 14 of 1207 AMENDMENT 4 F A-- FREQUENTLY ASKED QUESTIONS 1iHow do I know 'if my, voting rights have been restored? It is the voter's responsibility to confirm whether or not their voting rights 2 Orffice I of Execu I t!.v e-C I I I enn-ency have been automatically restored.Search or apply for your Restoration Online:www.fcor.state.fl.us of Civil Rights certificate through the Florida Commission on Offender Phone: (800)435-8286 or Review, Office of Executive Clemency. (850)488-2952 The agencies listed below also have resources or records to assist you. Fax:(850)488-0695 * Clerk of the Circuit Courtin the county where sentenced Mail:4070 Esplanade Way In Palm Beach County,call 561-355-2996 or visit www.mypalmbeachclerk.com Tallahassee,FL 32399 * Florida Department of Corrections where supervised or incarcerated Call(850)488-5021 or visit online:www.dc.state.fl.us What does this mean for convicted felons who were previously deemed Ineligible to register to votel? Starting on January 8, 2019, certain convicted felons that have completed their sentences,, including parole and probation, will have their voting rights automatically restored and will be eligible to register to vote.Exception: Felons convicted of murder or sexual offenses are not eligible to register and vote unless the Governor's Clemency Review and restores their voting rights. How Will the Supervisor of Elections handle voter regli-stration applications now With Amendment 49. The Palm Beach County Supervisor of Elections office will accept and process voter registration applications as usual.Applications will be accepted from individuals with prior felony convictions who are newly eligible to register pursuant to the terms of Amendment 4.Voters who have previously been removed from the voter roIIs due to a felony conviction must re-register to vote starting January 8,20:19. Palm- B-o'ach County Supervisor 9f Elections 240 S Military Trail,West Palm each, FL 33415 P.O.Box 22309,West Palm each,FL 33416 Phone:(561)656-6200 - Fax:(561)65"220 - Online:www.pbcelections.org Page 15 of 1207 ............... .................................... ...................=............... .. AMENDMENT 4 FAQ FREQUENTLY ASKED QUESTIONS -l- py voting rights have been restored. Do I need to do anything efore I can vote? liYes.You must register to vote before you can participate in any election.State law requires all voters to be registered at least 29 days prior to Election Day.You may register: - At the Supervisor of Elections Office - At a voter registration agency . By mail (visit www.pbcelections.org to print the form) - Online at www.RegistertoVoteFlorida.gov(Requires a Florida Driver's License or Florida ID Card) - At a community voter registration event NOTE.The Palm Beach County Supervisor of Elections advises any convicted felon who wishes to register to vote to verify tha they have fulfilled their court ordered sentencing obligations BEFORE registering to vote. f I was removed from the voter rolls due to a felony onviction. W0111 I automatically be re-registered to vote now? No. If a voter's name has been removed from the voting rolls due to a felony conviction, the individual must re-register to vote. Please note that our office will not be contacting individuals regarding this issue. Help us to spread the word by sharing this flyer and encourage your friends and family to contact the Supervisor of Elections office in their county of residence. registered to vote - what happens noW22 You should receive a new Voter Information Card from our office within a few weeks of registering. If you don't receive this, please contact our office to make sure we have your correct address.After registering, voters must keep their registration up to date.Voters can update their address and other information any time at pbcelections.org or call or visit the office. 7 T 1.Each voter receives a paper ballot.Use the pen provided to mark your ballot.When voting by mail,use a black ballpoint pen.If you make a mistake on your ballot or overvote a race,ask for help.Florida law states you may have up to 2 replacement ballots.if voting my mail,call the Elections Office if you make a mistake. 2.When finished voting, place your voted ballot inside the secrecy sleeve. Take your ballot to the ballot box and insert the ballot into the slot designated on the top of the machine. If voting by mail,follow the instructions provided to return your voted ballot to the.Elections Office. Mail ballots must be received by 7:00 P.M. on Election Day in order to be counted. Palm Bea-ch Coumty..Supel"'Sor of Elections 240 S Military Trail,West Palm Beach,Fill 33415*P.O.Box 22309,West Palm Beach,FL 33416 Phone:(561)656-6200 - Fax:(51656-6220 - Online:www.pbcelections.org Page 16 of 1207 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Proclaim February 11th-17th, 2019 as 2-1-1 Awareness Week. Sharon L'Herrou, 211's President/CEO will be present to accept the proclamation. EXPLANATION OF REQUEST: 211 is a community helpline and crisis hotline that provides suicide prevention, crisis intervention, information, assessment, and referral to community services for people of all ages. I ndividuals and families living in Palm Beach County, can call 2-1-1 to speak with a highly trained resource specialist. Calls to 211 Helpline are free, confidential, and 24/7. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to proclaim February 11th-17th, 2018 as 2-1-1 Awareness Week. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation 2-1-1 Helpline Page 17 of 1207 dow aet wA Proclamation WHEREAS, many times people need help in meeting life's basic needs;and WHEREAS, they may experience times of crisis and are not sure where to turn... 2-1-1 HelpLine is that central access point providing individuals and families the guidance and support they need with over 106,454 requests for help last year;and WHEREAS,people of all ages,can access 2-1-1 via phone,text or on line chat throughout the day and night,the City of Boynton Beach is indeed fortunate to have 2-1-1 HelpLine;and WHEREAS, 2-1-1 also helps link vulnerable populations to crucial services with specialized advocacy and support programs that include 2-1-1's Special Needs HelpLine, 2-1-1's Help Me Grow Initiative, Elder Crisis Outreach and 2-1-1's life-saving "Sunshine" Daily Telephone Reassurance calls continue to brighten the lives of local seniors; NOW,THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach,hereby proclaim February 11-17th 2019 as: 2-1-1 Awareness Week City of Boynton Beach, and urge all citizens to be aware that the simple three digit number 2-1-1 helps them to access information and referrals to programs and services at nearly 4,000 sites in our community. IN WITNESS WHEREOF, I hereunto set my hand and cause the official seal of the City of Boynton Beach,Florida,to be affixed this 51h day of February,2019. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Proclaim the month of February, 2019 as American Heart Month. Tim Stergiou-Allen, Director of Communications will accept the proclamation. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 19 of 1207 dow aet wA Proclamation WHEREAS,cardiovascular diseases kill 1 in 3 women in the U.S.,yet 800/o of cardiovascular diseases may be prevented and cardiovascular diseases and stroke kill 1 woman every 80 seconds in the U.S.;and WHEREAS, an estimated 44 million women in the U.S. are affected by cardiovascular diseases and 90% of women have one or more risk factors for developing heart disease or stroke;and WHEREAS,women are less likely to call 911 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack and only 36%of African American women, 34% of Hispanic women and 65%of Caucasian women know that heart disease is their greatest health risk;and WHEREAS,the American Heart Association's Go Red For Women®movement motivates women to learn their family history and to meet with a healthcare provider to determine their risk for cardiovascular diseases and stroke and women involved with the Go Red For Women movement live healthier lives;and WHEREAS,Go Red For Women encourages women to take control of their heart health by knowing and managing these five numbers: Total Cholesterol, HDL (good) Cholesterol, Blood Pressure, Blood Sugar and Body Mass Index(BMI). NOW,THEREFORE,I Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim FEBRUARY to be: AMERICAN HEART MONTH and urge all citizens to show their support for women and the fight against heart disease by increasing awareness, speaking out about heart disease, and empowering women to reduce their risk for cardiovascular diseases. IN WITNESS WHEREOF, I have hereunto set my band and caused to be affixed the Seal of the City of Boynton Beach on this 5,h day of February Two-Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Proclaim Thursday, February 7, 2019 as Robert E. Wells Day EXPLANATION OF REQUEST: Robert E. Wells is a significant figure in Boynton's history and deserves this special recognition. Mr. Wells settled in Boynton Beach in 1890 and raised his family in the city. He helped found the oldest church in the City - St. Paul's AME Church; was a petitioner for the provision of the first black/African American school; was a signatory of the document incorporating Boynton as a town; and platted the Robert Wells subdivision in 1925. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 21 of 1207 Proclamation WHEREAS,Mr. Robert E.Wells,a merchant sailor from Cat Island in the Bahamas,settled in Boynton in 1890 where he and his wife,Elizabeth,raised one son,Harry WHEREAS, in 1892, Robert and Elizabeth Wells helped found St. Paul's African Methodist Episcopal Church. Officially established in 1900,St. Paul's AME is the oldest church in the city. WHEREAS, in 1896, Mr. Wells, and other members of St. Paul's AME, successfully petitioned Dade County School Board to provide a school for Boynton's black/African American children. Originally called "Boynton Colored School",it later became known as "Poinciana Elementary." WHEREAS, On April 14, 1920, Mr. Wells was a signatory of the document incorporating Boynton as a town; however,the land owned by him and the rest of the historic Heart of Boynton was not recognized in the incorporation and was called`Boynton Colored Town." WHEREAS,in 1925, Mr.Wells platted the Robert Wells Subdivision. He built the main thoroughfare in the historic Heart of Boynton called Wells Avenue (now known as Martin Luther King Junior Boulevard) and built a home at number 416. In addition to selling land and building houses,Mr.Wells donated lots to those in need, including St. Paul's AME for the building of a church. In time, Wells Avenue became a thriving downtown area for the black/African American community. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 7 h of February,Two Thousand Nineteen as: Robert E. Wells Day IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 5th day of February,Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the upcoming Barrier Free 5K and Magic Wheels& Special Deals events on February 8th and 9th. A brief slide show featuring previous Magic Wheelchairs will be included. EXPLANATION OF REQUEST: Magic Wheels& Special Deals- Friday, February 8- 6:00- 7:30 P.M. Barrier Free 5K Run, Walk& Roll - Saturday, February 9- start time 730 A.M. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Fees are covered by sponsors and registration fees. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 23 of 1207 3.H. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Recognize Boynton Beach Fire Rescue Department's outstanding performance in the Florida Fire Chief's Association Rapid Intervention Team competition in Daytona Beach. Presented by Chief Glenn Joseph. EXPLANATION OF REQUEST: The Florida Fire Chiefs'Association annually facilitates Fire Rescue East, an international trade exhibition designed for fire service and emergency professionals. This year's conference, held in Daytona Beach on January 23rd - 26th 2019, featured fire-based lectures, seminars, hands-on training, emergency medical equipment vendors, fire apparatus displays, and a Rapid Intervention Team (RIT) competition. The RIT is a group of highly motivated and trained firefighters tasked with locating and rescuing fallen firefighters inside a structure. Team Boynton included Lt. Matthew Oxendine, Lt. Jeff Power, FF Steven Wandell, FF Tyler Hoffmann, FF Tate Kilpatrick, and FF Tommy Rodriguez. The team trained extensively in a myriad of disciplines including forcible entry, diminishing clearance, entanglement, wall breach, locating fallen firefighters, providing air to the fallen and removing victims from a hazardous environment. In addition, all of these physically demanding tasks are performed without the benefit of sight with the firefighter's Self-Contained-Breathing-Apparatus (SCBA) masks' covered to simulate "blackout" conditions. Team Boynton represented the City of Boynton Beach with distinction during the arduous two-day competition. The field consisted of 28 teams from across the state of Florida and placed first in both the preliminary and final rounds. This crowning achievement is a testament to their hard work and dedication. The team competed in memory of Lt. Phil Oxendine, a retired Boynton Beach firefighter/paramedic and the father of team Leader Lt. Matthew Oxendine, who passed away unexpectedly in 2018. The team covered their SCBA masks with the number "55", Phil's fire department I D number; a simple yet powerful gesture to the legacy of a fallen firefighter and father. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 24 of 1207 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 25 of 1207 3.1. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Introduction of the Boynton Beach Superheroes featured in the 2019 Calendar by Eleanor Krusell, Public Communications& Marketing Director and Laura Lansburgh, Marketing Manager. EXPLANATION OF REQUEST: In October, we asked community members to nominate unsung superheroes that have volunteered and contributed to making Boynton Beach better. Over 40 entries were received and 12 residents were selected. All 12 residents selected display superhero qualities of courage, selflessness, humility, patience, and caring. They have volunteered thousands of hours to 14 local organizations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Highlighting and sharing remarkable individuals, and their untold stories, will inspire others to take action to make Boynton Beach better by volunteering. FISCAL IMPACT: Budgeted The City calendar is budgeted under account numbers 001-1212-519.47-10 (Printing & Binding), 001-1212- 519.41-12 (Postage) and 001-1212-519.49.17 (Other Contractual Services). ALTERNATIVES: Do not introduce the Boynton Beach Superheroes featured in the 2019 Calendar. STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: The 2019 Calendar is a unique communication tool that differentiates Boynton Beach from its competitors. It provides a strong message that Boynton Beach appreciates residents that volunteer thousands of hours to nonprofits that support our community and make it a better place in which to live. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 26 of 1207 3.J. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Presentation by David Scott on Opportunity Zones EXPLANATION OF REQUEST: Opportunity Zones, as established in the federal Tax Cut and Jobs Act of 2017, encourage long-term investment and job creation in targeted communities by reducing taxes for job creators. Opportunity Zones maintain their designation for 10 years. The program encourages private investment in these zones by providing a tax incentive for investors who invest in qualified businesses and property in these areas. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted None ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? 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ADMINISTRATIVE 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 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 Page 45 of 1207 APPOINTMENTS AND APPLICANTS FOR FEBRUARY 5, 2019 Building r of Adjustments and Appeals Mayor Grant Reg 2 yr term to 12119 1 Katz Alt 2 yr term to 12/20 II McCray Alt 2 yr term to 12/19 Applicants None Education i III Romelus STU 2 yr term to 12/20 IV Kelley STU 2 yr term to 12/19 Applicants None Historic ti II McCray Alt 2 yr term to 12/19 Applicants None Library Board III Romelus Alt 2 yr term to 12/20 Applicants None Senior i rBoard Mayor Grant Alt 2 yr term to 12/20(Tabled 3) Applicants None Page 46 of 1207 6.A. CONSENTAGENDA 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-313-01 with AECOM in the sum of $99,920.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B executed on August 22, 2018 for the development of conceptual plans and costs for serving the southern portion of the Town of Ocean Ridge with wastewater collection services. EXPLANATION OF REQUEST: Boynton Beach (Utilities), at the request of five Ocean Ridge condominium homeowner's associations located within the Boynton Beach Utility Service area, has begun the investigating of the feasibility of serving these potential wastewater customers with wastewater collection services. In addition, The Town of Ocean Ridge has requested that the Utility, as part of the renewal process of their Utility Service Agreement with the City, review the feasibility of providing wastewater service to the remainder of the Town of Ocean Ridge. These services require the implementation of wastewater collection infrastructure. This Task order will allow the consultant to provide the Utility with confirmation of the needed infrastructure and an estimation of the associated cost. The consultant will provide a feasibility report and assist with presentations of the report to the Town and affected condominium HOA's HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This task order will assist the Utility/City with the potential expansion of the Utility wastewater customer base FISCAL IMPACT: Budgeted Funds are available within the Utility Capital budget for Neighborhood Utility I mprovements Account NO. 404-5000-533-65.03 ALTERNATIVES: Not perform the feasibility report for wastewater service expansion to the Town of Ocean Ridge or the 5 condominium home owner associations STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 47 of 1207 Grant Amount: ATTACHMENTS: Type Description D Task Order AECOM Task Order D Contract General Consulting Contract Page 48 of 1207 COMAECOM 407-843-6552 tel 150 N.Orange Avenue 407-839-1789 fax Suite 200 Orlando,FL 32801 mm.aecom.com January 29, 2019 Joseph S. Paterniti, P.E. Utility Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Ocean Ridge Wastewater System Task Order Dear Mr. Paterniti: The purpose of this letter is to transmit AECOM's proposal to provide the subject services. This proposal supercedes a previous proposal dated January 4, 2019. Thank you for your consideration in this matter and please contact me with any questions. Sincerely, C. Scott Lee, P.E. Vice President Page 49 of 1207 City of Boynton Beach, Florida Scope of Services and Fee Proposal for Engineering Consulting Services for Town of Ocean Ridge Wastewater System Task Orders January 29,2019 AECOM Technical Services, Inc. (Consultant)proposes to provide engineering services to the City of Boynton Beach (City)in response to the City's invitation.We understand that Boynton Beach Utilities Department desires to have a qualified consultant assist with developing a recommendation to provide sanitary sewer services within the Town of Ocean Ridge. The area is bounded by Ocean Inlet Park on the north,Atlantic Ocean on the east, Cordova Drive on the south,and the Intracoastal Waterway on the west,excluding the area west of North Ocean Boulevard and south of Banyan Boulevard/Mallard Drive. This work will be performed under the terms and conditions of the existing agreement for continuing engineering services between the Consultant and the City dated September 7,2018. The City owns and operates a small wastewater treatment plant that serves the existing restroom facility at Ocean Front Park. The existing wastewater treatment plant can support additional flows from Town Hall and the Wellington Arms condominium. Both are located just west of the existing facility. Phase I of the expansion would be to accept and permit these flows to the existing wastewater treatment facility. Phase 11 of the expansion would be to construct the collection system(vacuum or conventional)from the remainder of the Town and convert the existing wastewater plant to a regional pumping station to transmit collected flows to the existing system on the mainland. SCOPE OF SERVICES The Consultant will provide the following services: 1. Investigate existing infrastructure: a) Collect record drawing information on existing utilities (wastewater collection,transmission, treatment& disposal systems)for existing customers. The City will assist in this effort. 2. Confirm existing flows and conceptual construction estimates for the two alternative systems. Both options replace essentially all of the existing gravity sewer system. The City will provide copies of the draft construction estimates. a) Option A will be developed, configured, and presented by a vendor, FloVac, Inc. This option consists of an estimated 60,000 feet of new vacuum piping ranging from 3" to 10" diameter, an estimated 600 valves, and an estimated 4 vacuum sewage pumping station. This option also includes removal/abandonment of three existing wastewater treatment plants. b) Option B consists of siting and sizing 12 new standard lift stations, sizing and upgrading one existing lift station,an estimated 45,000 feet of new gravity sanitary sewer system (8" piping and approximately 120 manholes), an estimated 15,000 feet of new 4" and 6"diameter force mains, and removal/abandonment of three existing wastewater treatment plants. 3. Develop conceptual level operating costs for the two alternatives. The City will provide typical operating costs for similarly sized standard lift stations. Operating costs for the vacuum sewage pump station will be provided by FloVac. 4. Determine the approximate locations and extent of needed easements. 5. Develop a list of expected permits including estimated cost and schedule to obtain for each permit. Page 1 of 3 Page 50 of 1207 6. Prepare a summary memorandum and PowerPoint presentation of results. 7. Assist with a pre-workshop meeting with the condominium associations. 8. Assist with a workshop with the Town of Ocean Ridge and the Condominium Association representatives. The following activities are included in the above scope of services: Project Management, attending one meeting for project kick-off and initial site visit, attending a three day site visit to confirm data and to confirm approximate locations and extent of easements, preparation of one draft and one final summary memorandum and PowerPoint presentation of results, attending one meeting to review the draft summary memorandum and PowerPoint presentation, attending and providing assistance with one pre-workshop meeting, one meeting with the condominium associations, and attending and providing assistance with one workshop with the Town of Ocean Ridge and the Condominium Association representatives. The following activities are excluded from this scope of services: Surveying, geotechnical investigations, subsurface utility explorations and investigations, preparation of design drawings or bid documents, preparation of permit applications,any work associated with the proposed 8"force main crossing of the Intracoastal Waterway. DELIVERABLES Consultant will deliver the following as part of this project: • One draft summary memorandum and PowerPoint presentation via e-mail • One final summary memorandum and PowerPoint presentation via e-mail • Five bound final hard copies of the final summary memorandum and PowerPoint presentation CITY SERVICES The proposed Consultant services are based on the following to be provided by the City: • Cooperative and timely engagement throughout the work. • Information described above. SCHEDULE The following schedule is predicated upon the Consultant receiving required materials and information in a timely manner. The Consultant proposes to provide the services described herein and deliver the draft summary memorandum and PowerPoint presentation within six(6)weeks after receiving Notice to Proceed from the City. The Consultant proposes to deliver the final summary memorandum and PowerPoint presentation within one(1) week after receiving comments from the City on the draft summary memorandum and PowerPoint presentation. The pre-workshop meeting and the workshop are expected to occur within 60 days after delivery of the final summary memorandum and PowerPoint presentation. These meetings will be scheduled by the City. Page 2 of 3 Page 51 of 1207 COMPENSATION For the services described herein, the City will pay the Consultant compensation in the amount of$99,920. This compensation will be made on a lump sum basis. The Consultant will invoice the City monthly. ADDITIONAL SERVICES The Consultant can provide additional services as needed, subject to the following: Provision of services not expressly included in this proposal may require additional compensation and time. City of Boynton Beach, Florida Scope of Services and Fee Proposal for Engineering Consulting Services Ocean Ridge Wastewater System Task Orders January 29,2019 Staff Project Mechanical Engineer Clerical Manager Engineer Hourly Rate $210.00 $125.00 $120.00 $75.00 Task Total PM 12 8 20 Kick-off Meeting 20 16 16 52 Data Acquisition and Validation 16 160 176 Analysis and Cost Estimation 16 160 176 Data Confirmation/Easement Meeting 16 16 32 Produce Draft Summary/PowerPoint 4 16 96 24 140 Draft Document Review Meeting 16 16 Produce Final Summary/PowerPoint 4 4 16 16 40 Pre-Workshop Meeting 24 24 48 Workshop 24 24 48 104 132 464 48 748 $21,840.00 $16,500.00 $55,680.00 $3,600.00 $97,620.00 Document Production $500.00 Site Visits/Meeting $1,800.00 $2,300.00 $2,300.00 Total Fee $99,920.00 Page 3 of 3 Page 52 of 1207 dL' GENERAL CONSULTING SERVICES AGREEMENT 1 , Is entered into between the City of Boynton Beach, hereinafter referred to as The Cl7r. and AECOM TECHNICAL , INC., hereinafter referred to as 'the CONSULTANr, i rterms, and conditions hereinafter . WHEREAS, pursuant to Sw%on 287.055. Florida Statutes, the Consultants! Competitive Negotiation Ad,the CITIrS Procurement Code.the City of Boynton Beach solicited r professional consulting services from qualffied engineeringr required City services, and WHEREAS, THE CITY Issued a Request for Qualifications for General Consulting Servk=for the City of Boynton Beach, RFQ No. 1-1 ,and WHEREAS, Be City n designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and THEREFORE, in consideration of the mutual covenants expressed herein. the partles agree as follows: 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task duringorders, at the request of the CITY of all labor, materials,equipment to i . PlantScope Category A Waber n Evaluation Scope Category B Inhas0ucture Improvements and Evaluations TransportationScope CahWry C Ancillary Studies and Services Scope CahqW E Architecture!and Landscaping Design Services 1.2 SEFMCE AND RESPONSIBILME8 . .9 : The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as ad 1brth In the Task y.The terms of the Task Order(s)shall be supplemental to the terms of this Agreement 1.2.2 The CONSULTANTis r defacts-in Its work and in the work-of Is u r® V.5 CLEAN MNAL Page 53 of 1207 1.Z3 PREUMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, arm evaluation of existing fhdifies, pWareflon of schernatic layouts and sketches where required, develop constructlon budgets, opinions of Probable ConsWcOon Cost, and shall consult and confer with the CITY as may be necessary for the CrrY to reach decisions concerning the subject matter. The CONSULTANT shag attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which"I include but not be limited to submittal of all milestones related to the project up to delivery of 1001yo constniction documenis. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANTS Wallessional opinion and the current project conditions arW reasonably foreseeable conditions of the completeness of existing data and its suftbility ler the intended purposes of the project. CONSULTANT to obtain data from other soumes, identify and analyze requirements, of governmental authorities having Jurisdiction to approve the design of the project;provide analyses,of the MYS needs for surveys, perform site evaluations and comparative "Iss of prospective site and solutions;and prepare and furnish a report to to City setting forth the CONSULTANT'S findings and recommendations. 1.2A.1 Providing any type of"property surveys or related &VIneering services needed for the transfer of Interests in reel property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with Meir work, and providing other special field surveys, 1.Z42 Prolkninary design services to be performed by the, CONSULTANT shall include consuftflon and advice concerning the extent and scope of proposed work arW preparation of preliminary deoign documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probabla Construction Costs. This phase will also include preparation of a preliminary site plan or schematic dravrings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the MY, the exect nuimber needed shall be determined by the C11W 1.2.4.3 CONSULTANT shall provide environmental assessment and impact stalwants as required to determine the aultabdity of the ske and Its surrounds for the proposed project.andror 1.2.4.4 Upon outhortzation of the CITY, dw CONSULTANT will provide advice and assistance relating to opereflon and maintenance of projecit or other systems; evaluate and report an operations, assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance, assist Boynton BePA Ufflics-CAnad CmWftng Savlow C-2 V.5 CLEAN FINAL Page 54 of 1207 with startup and operator Vaining for newly installed or modffied equipment and processes, and in the preparation-of operating. maintenance® staffing manuals for the project. ® BASIC SERVICES-The CONSULTANT shall consult and advise the CITY in the following manner. specifying the axtent and scope of the work to be performed, prepare detailed construction dravAngs and specifications; revise and ® where necessary, previously designed construction plans and speciftations, 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 se4vices shall be provided In an electronic format and shaU also include furnishing up to six (a) copies of plans and specifications to the CI1Y, the exad number needed shall be determined by the CITY. 1® . Final design services shall also include preparation of permit applications as may be required by such agencles.as have legal review authority over the project. These applications shag 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 ® permit application services do not include applications requiring environmerdW 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 ffm CITY in each project, project schedule or construction budget shag prepare for approval by 1:hs CITY,design development documen13 consisting of drawings and other documents to fix and describe the size and character of each pmlotts " engineering, environmental, landscape, amfilectural, structural, mechenical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANrr shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2-6.2 The CONSULTANT based an CITY approved design development documents and any further adjustmerits in the scope or qualfty 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 draivings, and specificationseelting 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 This CONSULTANT shall advise Die CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and Jurledlefional requirements Boynwn Bea&uffiffias-Genaw conndting sonrims C-3 V.5 CLEAN FINAL Page 55 of 1207 of general market conditions. 1.2.&5 The CONSULTANT shall submit to the CITY for each project, alectrunic fonnat and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction CosL 1.2.6.6 CONSULTANT shall Include In the Construction Documents a requirement that the construction contractor shall provide a final as-buik survey of the project in Autocad elecironic format by a regWered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deriver to the CITY the record drautings; in the form required by the CITY and as required. 1.2.67 Prior to final approval of the Construction Documents by,the CITY, the CONSULTANT shall conduct a thorough review and quardy 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. . ittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work Is property coordinated and confirm that the CITY and agency commerft have been addressed and incorporated Into the Contract Documents. The CONSULTANT shall pr&Ade to the CrrY a Quality Assurance and Quality Control plan in a format that adviess the CITY that all work has been performed as required. A report shall be submitted in accordance wfth those Mandards to appflse'the CITY that due cafe has been taken in the prepairation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signtry responsibility for the Contract Documents including technical speelfications and draorings prepared pursuantto this Agreement by aWDdng a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of Is governing lam, rules, regulations, codes, directives and other applI cable federal,state and local requirements in preparation of the worK 12J The CONSULTANT sholl provide the construction documents, technical specifications and drawings completed in accordance vAth generally accepted proliassional 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 C11YS approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorbred by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Bea&Utilities-Gene:W CmmWft Services C-4 V.5 CLEAN FINAL Page 56 of 1207 12V The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a rommmenclation for any amrd based on the CITICS 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 proposalis within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- Wde prices have changed because of unusual or unanticipated events effecting the general level of prices or Imes of delivery in the construction industry,the established Construction Cost limit may be aclusted as determined by the CITrS Representative and as approved by the CITY, if neos=W. 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 CONSULTAN-r shall not be responsible for any redesign without.compensation which shall be mutually agreed to by the parties hereto. 12.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospeefive bidders. - 1.2.8.4 The CONSULTANT shal aftnd all pre-proposel/per-bid contiarences. 1.2.&5 The CONSULTANT shag recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 if Pre-Quallfloation of bidders is required as set forth in the Request for Proposals or Invitation to Bid ftwo-%step bid process), CONSULTAN'T'shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or reoction of the bidders. 1.2.8.7 If requested, CONSUL:rANT shall -evaluate proposals and bidders,and make recommendations regarding arry award by the CITY, 1.2.9 The CITY shall make decision on all claims regarding intaypretation of the Construction Documents, and on all other mafters relating to the execution and progress of the Work after receiving a recommendation from Me CONSULTANT. The CONSULTANT shall check schedules, shop drewings and other submissions for the limited purpose of cheddng 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 nefther have Boynton Beach Utiffies-Genwal Consulft Savim C-5 V.5 CLEAN MNAL Page 57 of 1207 control over or charge ref® nor be responsible for. The construction means, methodsA techniques. sequences, or procedures, or for the safety pre-cautions and programs in connection with the construction of the assigned task order projects, 1.Z9.1 The CITY shall maintain a record of all change orders which shall be categofized to the various types, causes. do. that may be determined useful and necessary for Its purpose. 129.2 ff- 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 archilacturalibngineering arror or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Conti-actor. 1. .1 The CONSULTANT shall carefully review and examine the Contractoes schedule of values, together with any supporting documentation. The purpose of such review and examination YAII be to protect the CITY ftm an unbalanced schedule of values which allocates greater value to certain elements of each project then is indicated by Industry slanclards,supporting documentafti, or date. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting clocumerfttion. 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 constMAe 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 'rho 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 vAll be in accordance with the Construction Docurneft.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 tim CITY any defects and deficiencies In the work of contractors,and make written recommendation to the CITY where the work falls 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 connedlon with the Work, nor shall the CONSULTANT be responsible for the Confractor's failure to perform the Work In accordance %4th the requirements of the Contract Documents. The CONSULTANT shall not how control over or charge of, and shall not be responsible for, ads or emissions of the Contractor or of any other persons or entities performing portions of the Work, Based on such observation and the Conmactors Application for Payment, the CONSULTANT shall determine the amount due to the BmIoWn Beach LJOlifin-GMMW CDMW6ng Serview C-6 V-5 CLEAN FWAL Page 58 of 1207 Contractor and shall issue Ceffilcates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such obsenrations and the data compftng the Application for Paymerd that the work has progressed to the point indicated. By issuing a Certfficate of Payment,the CONSULTANT will also represent to the CITY that to the best of 11%inflonnation arid belief, based on what Its observation have revealed; the Work ® 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 12.12 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 electron ic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.1LTA NT shall attend regularly scheduled progress meetings on sfte t&monthly or as otherwAse determined based on a specific need estabI'shed prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITYS approval. CONSULTANT shall not outhorke any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each proact'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 nafification to Contractor by CONSULTANT that all releases of lions are satisfied and wrftn recommendation by CONSULTANT for final payment to the Conti-actor which shall be at the ode discretion of the CITY. 1.2.18 RESIDENT PROJECT SERVICES: Dudng the Construction progress of any worK the CONSULTANT will If authorized by the CITY, provide resident project obsem-Aon services to be performed by one or more authorized ernplayess fResident Project ReprasentstlW) of the CONSULTANT. Resident Project Representatives shall provide e)densive observation services at Ithe project silo 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 fbilovAng.- • Conducting all pre-construction oonferenow, • Conducting all necessary construction progress meetings; • Observation of the work in progress to the eArint authofted by the CAW, • Recelpt, review coordination and disbursement of shop drawings and other submittals; • Maintenance and preparation of progress repoft Boymon Bawh Udlifies-Gmant Cowdft Smvms W YS CLEAN MNAL Page 59 of 1207 Field r n of quantities of equipment and materials installed; rr r r complianceI I € ; Maintenance n a current basisall drawings, rpt r documents, arid at the p completion ll all such records 4 CITY; 4- Preparation, update and distiribution of a project budget with each schedule,project * Notification to the CITYimmediately if h project schedule or each project budget will not be met; Scheduling r , EngInser, contractor,trade ® Willies ' , suppliers, i , problerns and scheduling. Recommending ,and enforcingn selected by the CITY, irected by the CITY, i meetingare not t , specifications, and Construction Implementation of a system for the preparation, reWew, and processingi Maintenance [ E ; Recording the progress of each pmject, and submission of wrRen monthly progress reports to the CITY including information Contractors!work and the percentage of completion; Determination I and final completion of work and preparation of a list of incomplete and unsadelactori r schedule of it completion; transmitting* Securing and 1 q requkW guarantees; , releases; manuals;record and maintenance S The i t Project Representative shall also investigate anid report on complaints and unusual occurrences that may affect the responsibilityf the CONSULTANT r the CITYITheResident Project Representative I[ be a person acceptable CITY shall have the right to employrr In progress,provided however that soon personnel as employedCITY, and it be responsible directlyIn performanceI the CONSULTANT. i shall not control over r charge of, or responsibility for the construction , methods, techniques, sequences or procedures, or for safety precautionsand programs in connection wilth On WorK nor shal the Resident Project Representative be responsible for the Contracter's failure to perl'ban the Work in i the Contract Documents. The shallResident Project Represenlative not have central over or charge rt i r, r r r f shalland personsany other r antibes,performing portions Although CONSULTANT l not be responsible for health or safety . 5 CLEAN FINAL Page 60 of 1207 programs or precautions related to CITY's activities or those of CITY's other cordractors and consultants or it respective subcontractom and vendors (wContracatorsl CONSULTANT shall nonetheless report to the Resident Project: Representative health and safety conditions or derldencles observed by CONSULTANTS employees or representatives, CONSULTANT shall not be responsible. for CITY's pre-existing site conditions or the aggravation of those presoristing oft conditions to the eoderd not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shEdI not be responsible for Inspecting, observing,or correcting health or sallety conditions or deficiencies of CITY, Contractors or others at project site Cl3roject Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1. .1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)sairvices are: 6 Preparation of applications and supporfing docurnents for private or governmentaI grants, loans or advances in connection With any particular project. * Services to make measured drawings of or to investigate e3risting conditions or facilities, or to vedy the accuracy of drawings or other information fumished by or to the CITY. * 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, compWdty.the CnfS schedule, character of constirriction or rmAhod of financing, and revising pmvlously accepted studies, reports, design documents or Cormtruebon Contract Documents when such revisions are required by changes to lam, 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 CONSULTANTS controL * Providing renderings or models for the CITYS use. * Preparing documents for alternate Proposals requested by the CITY for work that is net execiulted for documents for out-of-sequence work. * investigations and studies Involving but . not limited to, detailed considerations of operations, maintenance and overhead expenses; pding value engineering during the cour of d Ign, the rov'i so se7 preparation of faasibility stiziles; cash low and economic evaluations, rate schedules and appraisals; assistance In obtaining financing for a project evaluating processes available for licensing and assisting the OITY in obtaining process licensing; detailled quardfty surveys of material, equipment and labor, and audits or inventories required'in connedon with construction performed by the CITY. Assistance in connection With Proposallproposal protesla,re-bidding or re-negotiating contracts for orinstruction, materials, equipment or services,unless the need for such assistance is reasonably determined by ft CITY to be caused by the CONSULTANT(e.g. detective plans and/or specifications, which inhibit coMactors from submMing V.5 CLEAN FINAL Page 61 of 1207 proposals) in which event there shall be no additional cost for the provision of such services. 0 Preparing to serve or serving as a CONSULTANT or witnew for the CITY in any litigation, arbitration or other legal or administrative proceeding. 0 Additional services in connection with a pmjed not otherwise provided in this AgrearceryL * Services in connection with a project not otherwise provided for in this Agreement. + Services in connection wM a told order or change order requested by the Crry. * Providing arhvork, models, or renderings as requested by the CITY. 1.3.2 When required by'the Construction Contract documerft in circumstances beyond the CONSULTANrs control, and upon the CITY'S authorhmbon, It will furnish the following additional swAces * 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 exosssilve number of claims submitted by r® except to the extent such claims are caused by the errors or ornissions;of the CONSULTANT. * Additional or extended services during oonon made necessary by 1) work damaged by fire or othetr cause during construction, 2) a signtilcard amount of detective or negligent work of any contractor, 3) acoelemdon of the progress schedule involving services beyond normal worldng houm, or 4) default by any contractor, provided however, If a fire occurs as a direct result of errom or arnissions In the design by the CONSULTANT or if the CONSULTANT falls in notify the Contractor of the deficient quality of their workmanship pursuant to CONSU LT T' duties as described in to Contract Documents, the CONSULTANT'S additional services shall be downed part of Basic Services and compensated as such'. 4Services in connection with any partial uglization 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, materlals, or major project components elther during bidding andlior Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,.and this requirernent shall be Included in the construction contract. * Services in making revisions to drawings and spectFications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a d9sWn error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design ® by the CONSULTANT,the cost of such services shall be home by the Contractor,and We requirement shall be included in the construction contract. BOYId)Dn Bmh Udlida-GaaW Consulfing Saview r.-10 V.5 CLEAN FINAL Page 62 of 1207 1.4 WrS RESPON10BILMES 1.4.1 The CITY shall.do ffm IbIloyAng 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 respeil to the services to be rendered under this Agreement. Such personi(s)shall have complete authority to transmft instructions and receive information with respect to the CONSLILTANrs services ibr a particular precL The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orderaWriften task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full MrmaHon as to the C111YS requirements for the Project, Including design objectives end constraints, space, capacity and performance requirements, fleAbIlity and expendability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANTS request al available Information pertment to the"ad including previous reports and any other data rakffive to design or construction of the project. 1.4.1.4 Furrilsh to the CONSULTANT, V required for the performance of CONSULTANis serAces(exwt where otherwise fumished by the CONSULTANT as Additional Services),the Movying: 1. .1.5 Data prepared by, or services of others, Including without limitations borings, probings and subsurfaoe explorations, hydrographI c surveys, laboratory tests and inspection of sarnples, materials and equipment; 1.4.1.6 Appropriate proftsionall interpretations of all of the foregoing, 1.4.1.7 Environmental assesarnent and impad stalements; 1.4A.8 Property, boundary. easament, 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 CITYS judediction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT;and 1.4,11.12 Arrange I&access to make all provisions for the CONSULTANT to enter upon the CITYS property ;w required for ft CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard af 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. BoynWn B=ch 11filifies-Gamal Conwiting Smiow C-11 V.5 CLEAN MNAL Page 63 of 1207 1.5 SEQUENCE OF EVENTS I.&I Following recelpt of any tasr,order1written 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 commerce. The CITY reserves the right to make changes to the sequence as necomry to facilitate the servioss or to minimize any conflict with operations. 'L52 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 perTnitted by the CITY. Minor adjustments to the ImetabLe for completion approved by the CITY in advance, in writing, shall not constitute non-performanoo by CONSULTANT pursuant to We Agreement 1.53 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cast will require approval from CITY Commission before execution in accordance with the CITYS Procurement Adminiskative 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 neglig6rit enm or omissions of CONSULTANTfallure of -the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until detault is cured. Time extensions will be reviewed upon request 1br extenueft circurnstarms. 1.6.5 It is anticipated and intended Owt the CONSULTANT will be authorized to begin rww task orders on a wrolling" basL% as some already assigned task orders near fimelir corripWon. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current took order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prbdfim the uncompleted Task Order from the first Task Order and finish as soon aspractical. Failure to complete the "oklarm task orders In a timely manner, may adversely impact upon continued early authorlitation W start a subsequerd work. 1.5.6 When the CONSULTANT has exceeded the shited 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 deftuft, to the CONSULTANT and paymerd for services rendered shall be, withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CON8ULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders untiI such time as it is no longer in default and the CONSULTANT has demonstrated to Me CITYS satisfaction,the reasons for tardy completion Boyntm Beach Uffifies-GenaW Cmmuffing Savices C-12 V.5 CLEAN FINAL Page 64 of 1207 ham been addressed and are not likely to be repeated In subsequent task orders. This restricted issuance inufton 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,orto srW compensation associated with these non4ssued task orders due to the CONSULTANT being rendered in defaulL 1.5.8 Should the CONSULTANT remain in delault for a pedod of Mean (15) consecutive calendar days beyond the time tame provided in Paragraph 1.5.6 the C17Y may at Its sole option retain another CONSULTANT to peftm any work arlsft out of this Agreement andfor terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.8.1. An event of default shall mean a material breach of this Agreement Without lirriffing the generality of the foregoing and in addition to those Instances rderred to as a material breach,an went of default shall Include thelbilowint g: 4- CONSULTANT has not performed samices on a timely basis due to CONSULTANTS negligent onus or om'Wons'; * CONSULTANT has refined or failed to supply enough properly skilled personnel; * CONSULTANT has tailed to make prornpt paymenti to SUB- CONSULTANTS or suppliers for any servioes after reosiving payment from the CITY for such services or supplies; * CONSULTANT has faded 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 sorne is not discharged within ninety (90) days of sUch date. * CITY has tailed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In td6 event of Deftult the CONSULTANT shall be liable for all damages resulting from the Ddauft 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 fan 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 administrathis costs Incurred by the CITY. * In the event of default by the City, CONSULTANT may suspend the Work pending receipt-of such payment. Buyntan Beach UdIftWs-Cvnend Cmcuking SaWces V.5 CLEAN FINAL C-13 Page 65 of 1207 1.6.3. The CITY may take advantage of each and every remedy spnzaally rodefing at law or In equity. Each and every remedy shall be In addition to every other remedy gram or otheirwise existing,and may be exernisnd from firne to time and as often and in such order as may be deemed expedent by the CITY. The awdse or the beginning of the exercise of one reroady shall not be deemed to be a weiver of the right to exercise any other rernedy. The CITYS rights and remedies as set forth in this Agreement are not excluelve and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2.1 The Initial Contract period shall be for an initial two(2)years, commencing at the emcution the City reserm the right to unilaterally renew the contract fbr three (3) additional one (1) year Wads under the same terms, conditI ons. The CONSULTANT understands and acknosdedges that the Services to be performed during the two(2)year term will be govemed by this Agreement, and that them is no guarantee of future work being given to the CONSULTANT, 2.2 In the event that services are scheduled to and either by contract expirsUon or by termination by the CITY (at the CI1YS discretion), the CONSULTANT shall conUrme the sefvkxW I requested by the CITY, or unfil task or tasks is/am completed.At no time shal this transitional period extend more than one-hundred and eighty(180)calendar days beyond the eViration date of the wMng contract. The CONSULTANT v4II be reimbursed for this smice at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3-EM_EOF 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 Is*order by the Sequence of ® or unless an extension of time is granted in writing by the CITY. ARTICLE 4-EWJjWT 4.1 The CONSULTANT"I be paid by the CITY forcomplelted work and lbr services rendered rt agreement as follows: 6 Payment for the work provided by CONSULTANT shall be made In accordance with the Fee Schedule as provided in EKhlb1t W 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 negatiated based on each task order. Compensation will be through a direct mark-up in BoyaWn Beach UWUes-Gemmul Cmmibmg Savices V.5 CLFAN FINAL C-14 Page 66 of 1207 accordance with the Schedule of Professional Few,attached hereto. Sub-consulting services shall be approved by the CITYS representative prior to performance of the sub-consuffing work. Consulting time for processing and management of ft sub- CONSULTANT shall not be included in direct costs as the direct mark- up �s applied for management efforts. 0 The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to ® Such Youchere WIN be verified by the CITY, and upon approwl thereof, payment vAll be made to ft CONSULTANT in Itm arnount approved. + In certain cases where incremental billing for partially completed Work is permitted by the CITYS representative, the total Incremental billings shaIl not exceeci the percentage of estimated completion or lderWable deliverables or accepted doliverables as of the billing date. 0 Computation of Time ChargeafNot-to-Exceed Method orf Payment V*w a service is to be compensated based on time charge/noWo- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITYS representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourty rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and ativer Mated costs supporting the proposed work, The CITY shall not be obligated to reimburse the CONSULTANT fbr cods incurred in excess of the total noRo-exceed cost amount Final payment of any balance due the CONSULTANT of the total contract price emed will be'made promptly upon ft asoortainment 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 folloWng recelpt of the invoice. Final Involpp. In order for both parties herein to dose their books and records, the CONSULTANT will clearly state Ynal Invoice on the CONSULTANrS finalilast billing to the CITY. The final invoice oertiffes that all services have been property perkirmed 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 propedy included on this invoice am corWdered waived by the CONSULTANT, The cost of all services as stated herein"I remain fbad and firm for the initial two (2) year period of the contiract. Costs for subsequent years and any extension bms lb suklect to an adjustment only if increases incur in to industry. However, union Very unusual and signil"loant changes ham occurred-in the industry, such increases shall not exceed 5% per year, or whichever is lose, the latest yearly percentage increase in the All Urban Consumers Price Index(CPl-U) (National) as published by the Bureau of Labor Staitistics, U.S. Boynton Bumh Utilities-Cimmal C"multing Scrvim V.5 CLEAN MAL C-15 Page 67 of 1207 Department Labor. The yearly Increase, or decrease in the OPI shall be the latest index published and available nln*(90)dap prior to the end of the oontract year than in effect compared to the index for the same month one (1)year prior. Any requested cost Increase shal be fuI ly documented and submitted to the CITY at least sixty (60) days p6or to the contract anniversary date. Any approved cM adjustments shall become offective 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 B or decreases are considered to be insufficient In the event the CITY does not wish to accept the adjusted costs and the irrafter 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 6-ORNESAHIfIll AND UBE OF UMENTS 5.1 Upon completion at the project and fined payment to CONSULTANT, all documentsB droMngs, "ellications and other materials produced by the CONSULTANT in connection win 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 fbatures. on other projects. The CONSULTANT shall be permitted to retain copies, Including reproducible copies. of drawings and specifications for( tion, reference and use h connection with CONSULTAN17S endeavors. Any use of the documents for purposes other than as originally Mended by this Contract, vWthOLit the written consent of CONSULTANT,shall be at the CUYS sole risk and without liability to CONSULTANT and CONSULTANrS sub-CONSULTANTS, ARTICLE 6-FUNDING 6.1 This Contract shall rnaln in full force and effect only as long as the expenditures provided in the Contract haw 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- KTIES AND REPRESENTATIONS 7A CONSULTANT representsand warrants to the CITY that Nis competeritto engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all migned projects during the term of this Contract. CONSULTANTS services shall meet a standard of care lbr professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting He response to the RFQ, CONSULTANT has represented to CITY that ceftin individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contnad. CITY BoyaWn Beach Ufflffies®Gwmml Cowuhing Smvicas V.5 CLE"FINAL C-16 Page 68 of 1207 has relied upon such representations. Therdbre.CONSULTANT shall not change the designated Project Manager for any prefect without the advance written approvaI of the CITY,which consent"I not be unreasonably withhold. ARTICLE 8-gQNPJaffgJ_W_UAJM .1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply vft all federal, slate and local laws, ordinances and regulaWris that sire applicable to the services to be rendered under this Contract shall review and comply with laws, regulations,codes andatandards in efflect as of the dide of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by govemmerdel 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. ARTICLE 9-IN E NIF Q 9.1 Subject.to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnity, and hold harmless-the CITY, fts offices, agents and employees, from and against arry and all losses, or any portion thereof, including reasonable attorneirs'faes and costs,arlaing ftrn injury or death to persons,including injuries, sickness, disown or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intardlonally wrongfuI conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance ofCONSULTANrS cluties. Neither parly to this Contract shall be liable for any special, i ` I, Indirect or consequential damages of any kind, Induding but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 92 To the greatest extent permitted pursuard to Section 725.06, Florida Statutes, CONSULTANTs indemnification obligation (when proWdIng samices; 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 p" 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 Buynton Beach 11611fics-Gown]Consuffing Services V.5 CLEAN FINAL Page 69 of 1207 ARTICLE 10- 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, ard provide cartificates of insurance evidencing such coverages and limb, and shall rance company authorhmd to do business in Florida. 1-0.1.1 Waftes Compensation Insurance- The CONSULTANT shall procure and maintain for the lift of this Contact, W~s Compensation Insurance covering all employees with limits meeting all applicable stato and federal I aws. CONSULTANT shall Include the Workers Compensation and Employee's Liability Insurance. requirements in its subcontracts. This coverage shall Include Employees Liability with limits meeting all applicable state and federal laws. This wvw"e must extend to arry sub- CONSULTANT that does not how their own W~s Compensation and Employees Liability Insurance, unless not required by sb*da 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 "I procure and maintain for the life of this Contract, Comprehensive General Liability Inaumno& This coverage shag be on an w0ccurrence haft Coverage shall include Promises and Operations; Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, Indemnificatloff of this ContracL This policy shell 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 varegate for personal injury/ and $1,ODO.000 per occurrence!aggragate for properV 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 wittlen notice to the CITY, except for cancellation due to non-payment of premium. 0'1.3 Business Automobile Liability. The CONSULTANT shall procure and maintain, iness Automobile Liability Insurarim The CONSULTANT shall maintain a $1,000,000 combined sI ngle limit f6r bodily injury and property damage liability to protect the CONSULTANT from daims 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 norRmad automobile, Induded rented automobiles, whattier such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 proftsional Usbilty (Errors and Omissions) Insuranos: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1 DW,000 per dalaideggregate. BayrADn Beach Uffiles-General Cowulft Services C-1 0 V.5 CLEAN MAL Page 70 of 1207 10.2 It shall be the responsibility Of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same Insurance requirements referenced above. 1 O3 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 Aind, 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 aftrd written notice of such change in requirements thirty (30) days prior to the date on which ft requirements shall It effect. Should.the CONSULTANT fail or refute to satisfy the requirement of changed coverage within the thirty(30)days following the MYS written notice, the CITY, at Re sole option, may terminate the Contract upon written notice to the CONSULTANT,sold termination taking effect on the date that the required change in policy coverage would otherwise take eflaa 10.4 CONSULTANT shall,for a period of two (2) years foliowing the termination of the Agreement,maintain a"tall ooveragew in an amount equal to that described above if coverVe is not othervAse renewed for Comprehensive Liability Insurance on a dalms-made policy only. ARTICLE 11 - 1 .1 11.1 The CONSULTANT and the CITY agreethatthe 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 partles hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any beneft accorded CITY employees by virtue of the services provided under this Cwftrt.The CITY shall not be responsible for withholding or otherwise deducting federal Income tax or social security or for contributing to the state Industrial insurance program, otherwise assuming the dufles of an employer.with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknouriedges and understands that, as an independent CONSULTANT pursuant to this AgreemeM CONSULTANT shall comply with Chapter 119, 19orlda Statutes, as amended (Public Records), CONSULTANTS 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. MiCLE 12-COVENANT AGAINST CONTINGENT 12.1 The CONSULTANT warrants Mat he has not employed or retained any company or person, other than a bonsfide 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 bonsfide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, 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 Bwjnton Bewh Utillfies-Gmust Cmsuffing Savica C-10 V.5 CLMN FINAL Page 71 of 1207 price orconsideration, or otherwise recover, the full amount of such tee, commission, percentage, brokerage fee,gift,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CEMFlgA__TE 13.1 Execution of this Contract by the CONSULTANT shall act as the woculton of a trotri-negotlation cer0cate ceriffying that the wage rates and costs used to determine the compensation provided for In this Contract is accurate, complete, and current as of Me data of the ContracL 13.2 The said rates and cost shall be acquated to exclude any significant sums should the CITY determine that the rates and costs. were incrdased due to Inaccurate, incomplete,or norr-cuffent wage rates or due to inaccurate representations of fees paI d to outside CONSULTANTS. The City shall exercise to rights under this "CwtificaW within one(1)year folkmfing payment. ARTICLE 14-.%UIQQWBAQnKG_ 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 facilifies of any SUB-CONSULTANTS In order to make a determination as to the capability of the SUB-CONSULTANT to pwform,properly under this contracL TheCONSULTANT Is encouraged to seek local vendors for partidpation in subcontracting opportunities. If the CONSULTANT Laos any sub CONSULTANTS on this project the 1blicomfing provisions of this Article shall apply: 14.2 N a SUB-CONSULTANTMI 9 to perforrn 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 now SUB-CONSULTANT by the CI'TY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the parliormance any porflon of this contract as ea forth in the Scope of Wok 14.3 The CONSULTANT, its SUD-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and Ws agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must Incorporate the terms of this contract. ARTICLE 15-DISCRIMINA71ON PR0fi1KaZ_D 161 The CONSULTANT, vAth regard to trio work pefforined by It under this Gordract. wIII 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-A331 AMMUMUT1 I&I The CONSULTANT shall not sublet orassign any of the services covered by this Contract without the express waften corwart of the CITY. DayaWn Beach Utilities-Genwal Cowuhing Services C40 V.5 CLEAN FINAL Page 72 of 1207 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 unlesssuch waiver is in wT!tjng. In the evem of a written waiver, such a waiver shall not affect the waiving partys rights with reaped to any other or further breach. The making or acceptance-of a payment by either party with knowledge of the eAstence of a deftult or breach shall not operate or be construed to operate as a waMw of-any subsequent delault or breach. ARTICLE IS— 1111NATION 18.1 igLon fgr CgnMM1`qnM., Th Ls Contract may be terminated by the CITY for convenience, upon tan (10) days of written notice by the terminating.porky to the other party for such termination in which event the CONSULTANT shall be paid Its compensation for senrloas 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 Defauft: In addition to all other remedies mrallable to the CITY,this 5ontract shall be subject to cancellation by tuld the CONSULTANT angled or Iall to perforrn or observe any of the material terms, provisions, conditions, or requirements hamin contained, if such neglect or failure continue for a period of thirty (30)days after recelpt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of othet matedal breach of this Contract by CITY, the Contract is sublect to cancellation by CONSULTANT should such condition continue fbr a period of thirty(30)day's after receipt by CITY of written n0ce of breach. ARTICLE 19 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated wM!n 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 arng out of or rela*V to this Contract shall be in a court of low. The CITY does not consent to mediation or arbitration for any matter connected to this Corftct. The parties agree thirt any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—11MCONTRgLILABLE FOBM 20.1 Neither the CITY nor CONSULTANT shall be considered to be in deftult 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 dillgence, the non- performing party could not avoid. The term 'Uncontrollable ForoW 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, stonns, lightning, epidemic, war, riot, chril di.sturbance. sabotage, and BOyntDn Beah Utifitim-GwaW Comutting Servim V.5 CLEAN FINAL C-21 Page 73 of 1207 governmentaI actions. In such circurnstanceA parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performanod If non-perflonnance 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 remedled with reasonable dispatch. The non-performing party shall, within a reasonable time of being provented or delayed from perIbirmanos by an uncontrolI able 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 ITY-PROVIDED INFORMATION AND SERVICPQ 21A CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANrs servicei; obtain or authorize CONSULTANr to obtain or provide additional reports and data as required,furnish to CONSULTANT servicm of others required for the performance of CONSULTAN-irs sermioss hereunder, ard CONSULTANT shall be entified to use and rely upon all such information and services provided by CITY or others in performing CONSULTANTS services under this AgreemeryL ARTICLE 22—ESTIMATES AND 22.1 In proWding opinions of cost financial analyses, economic feasibility projections, and schadulas ter potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent cmdffions of existing equipment or structures that may affect operadon,and maintenance ouslac, competitive bidding procedures and market conditions; time or quality of performance of third parties-, quaI ity, type, management or direction of operating personnel; and other economic and operational factors that may materially affed the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CIT)rS actual project costs, financial aspects, acenomic feasibility, or schedules will not vary from CONSULTANTS opinions, analyses, projecMons, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be perrarmed by CONSULTANT are intended solelyforthe benefit of CITY. No person or entity net a signatory to this Agreement shall be entitled to rely an CONSULTANTS performance of fts services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall a=ue to a third party as a result of this Agreement or the parkanance of CONSULTANrs sarvicas hereunder. Boynwn Banh Uffiffies-Genend Con=Wng Servkxs C-22 V5 CLEM MNAL Page 74 of 1207 ARTICLE S .1 AN notices requiredin this ContractI be sent to the CITY andIt be mailed E" . err each r Itil" " it r 1 f Ir . �., t . lb ht _. . err r' _ . .v„.. AFL �. m 1 . rl� rach FL 33425 And Notices to CONSULTANT, I be sent to t1he following . AECOM TECHNICAL SERVICES, INC. �. _. ,,'rm Ali . ., r Road North Tower Coral Gables 134 ARTICLE ` 25.1 This r with the RFQIRFP and any addenda andfor aftchmerft represents the entire and kftrated agreement balween the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements wrftten r oral. TI instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflictprovision of this Agreement and a provision of an individual ,the provisionr will cordral. IMMUNITY .1 CITY is I'° l subdivision of the State of Floridaenjoys immunity. Nothingin the Agreement ' intended, II be construed or interpnded, to_ i Immunities limitations li `I' r i . W Rodda S as may be emended from tl time, successorany statute thereof. To the contrary,all terms and provisions1 In the ContracLr any disagreemard or dispute concerningIt, shall r resolved so as to insure CITY of ft limitation from Mift pmvided to any successor statute thereof. To the contrary, all terms and provision containedi the Contract or any disagrawnent or disputeI It. 1 be construed or resolifed so as to W=r9 CITYthe limitation II' r the State's subdivisions by state law. 26.2 In connection with any litigation or other proceedingarising ,the prevailing II be entitledfis own costs and afforney few through and including i I liability r however,costs and aftorneys loss, shall not after or waive o . .5 CLEAN Page 75 of 1207 amraign Immunity, or extend CIT'fS Itablity beyond the 11mft established in Section 788.28, Fladde Stabiles. as amended. ARTICLE 27—EU§U2MC0R0S 27.1 The CityL is public; agency subject to Chapter 119, Florida Statutes. The CONSULTANT sball comply wuh. FlodWs Public Records Law Specifically, the Contractor shall- A. Keep and maintain public records recluired by the MY to perform the service; B. Upon request fi-om the CrrY'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 remnablo time at a cost that does not exceed the cost provided ® chapter 119,FI&Stat.or as otherwise provided by l C. Ewurc Ond public records ffiat am exempt or that are confidential and exempt fiern public record disclosure requirements we 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 confidentialand exempt recordt;remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the commc4 Contractor shall transfer to dic,CITY, at no"to the CIlig records in Contractor's possession All records stored electronically by CAmtractor must be provided to the CITY,upon request ftm the MY'S custodian of public nmrds, in a formal:that is compatible with the fiffonnation teclinology system of the CITY. E. 17 THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CH"TER 1191, FLORMA STATUES, TO THE CONMACrORPS DUTY TO PROV11DE, PUBLIC RECORDS RELATING TO THIS CONTRACT5 CONTACT THE CUSTODIAN OF PUBLIC RECORDS: ' (MY CLERK) P.O. BOX 3110 1130YWON MACH,FIORMAA, 33425 561-742-6061. �BFJ_�US Boynton Beach UtMes-Conant Consulfing Savicas C44 V.5 CLEAN MAL Page 76 of 1207 THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES LINDER THIS AGREEMENT AND AGREE TO ALLOCATE T14E RISKS AND RESTRICT THE REmEpms To REFLECT THAT my AGREES To RESTRICT ITS REMEDIES UNDER TM AGREEMENT AGAINST® CONSULTANT, ITS. PARENTS, AFFMIATES AND SUBSIDIARIES, AND THEIR RESPECIM DIRECTORS, s SHAREHOIDERS AND EMPLOYEES, (-CONSULTANT'S. ' SO ASSIGNEDTHAT THE TOTAL AGGREGATE LL4JRILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANrS SERVICES LINDER THE L."PLY To AU SUITS,CLAIMS,ACTIONS,LOSSES, COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF-ANY NATVM ARISING FROM OR RELATED TO TM AGREEMENT WITHOU17 REGARD TO THE LEGAL THEORY UNDER WIUCH SUCH LIABILrfY IS 1100SED. CLAIMS MUST BE Bkoucm -wnmONE CALENDAR YEARTROM PERFORMANCE OF TUE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY IN WITNESS WHEREOF, t in multiple whichcopim each of f be considered an original . DATED this I 4*day of . 20 CITY L96 A42!! C,� 'C', � City Manager CONSULTANT `° IOi CRY C Ifk b . t � ® 4 tto coo me Page 77 of 1207 EXHIBIT"A" FEE SCHEDULE DATE: March 16, 2018 Principal 235.00 Aroject Manager $21-0.001 Senior Eiiglneer 177.CO Armess :r 165.00 Sr Elerldca ftn. 175.00 . Egn. 130. Proms co ra. Met a r m banfic l Engineer -120,00 Designer (os speelallst . CADD/Tecl ra $105"DO Public Rftel1 111nja Constiruci is Sr. Racy ana . lei !/ ixai ! Kelm ur Direct lig service will all . V.5 CLEM FINAL C-26 Page 78 of 1207 C7V of Boynton Beach Risk Managemmt Department ICE ADVISORY FORM Under dre tanns and coiniftions __ . city of Boynton Boach soAddifiand horsed. This io done bypWIddiAS aCadficeftM. and'M City of Boynton Ekoach is Additional Insmed as mopect so oavovagw noted-" remelted of contractors,lossees,etc,and-ft limb nxinfi-cd by the Cidn reserves t `t acted ins the City t ) I= (Occaaccom Based Only) General Liability Gmn*l Aguagon 110001000.00 11000,000-00 1.00000.00 Praftsional (any cm fire) S AOOO 00 RMPIC1 i on . officars Med.Expense(any am pmon). s, Land Abiument Promises operadons Ltnderswund K*coian&Collapse conkww Brand Form Pnp%V Danoge ala° , *w:,.m.mmm,.�,m�,�m,�,,... S 500,000.0D Any Aida Bodily lujury(pet I ) t All Owned Autos BoQy Iftimy(Per as t) to be dakeernined ScNeduladAutes P ax, -ty D=W to be dotennined Non-Owned Aidw FIP Basic intamodw , ,....�.p� . amp Lidbft Auto Emh Accident 00 Any Auto C?lher 11aan A S 100,000.00 Group Keelvers WNW 1, Exom Liability Each Occatrence to be dakmained a Compensation statubary Limb Enmiq)%e3LidbiHJy EachAeoldentS 100,000.00 Policy Disease Each 1 propolty HOMDownm Revocable 300,000.00 Buildees Risk Odw- As Risk Identified to be datermined Boynton Beech ti(.. So-vices . 5 CLEAN MNAL C-27 Page 79 of 1207 PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS .... --------- . ...........�............. , .. ...............,..,.,.,.,.,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.�a��.,.a�..,..=w.,u.......,_..,.,.......,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,��.,.. ...,.�....,.�. aaaaaaaaaaa�...,....,............ ..., .... ..., ............:-...,,,,:,,, :,,.,�.uuuuuuu.�,........... x k R er7 $ r f i" ZfStra °� "'ta r xt � a € x ash ve ' au4 *� °Bfi � t $ ¢x vela w..a��.uu.aw....u..u............................»,...,a,��.e.,A�e..wuuuuuuuuw,�� , ....,uuu........................j tt'na 2,e.".'a"t:��'"Je r .......................... 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Thorouqh site invesfig.-ifian 1 4 6 2. Meet! i carat limitations 1 2 3 4 5 3. Desi n/resuft suRablift, 1 2 3 4- 5 4. ON oerative& r 1Pr 2 3 6 2 3 4 5 1 2 3 4 5 1 2 3 4 *Preliminary adminishativellimited staff review/evaluallon of levels of darity, e=racy, and 000rdirwhon between disciplines. N e a�ndMo�orafi offim�, e- .�Ubrffim�, Dlro� am Dor ature '4r [4.11�n i6n 0 oar FINAL DOCUMENT PREPARATION, BID, &AWARD BY CONSULTANT Rate n usnorical I to 5 vvith 5 be n themmm mmmm est score. 12 4 5 ........ ............... Accu, ��dacurnerft ............ ------- ......... ............... .......... .................. 4. ents vVithin ie neWs esfimate- 1 2 .3 4 5 5° C2gpe!y# 1 2 5 Timeliness ol submhslons 1 2 3 7� Pra-b1dqqnfqrencepM!!! p 1 2 3 4 5 .... ....." ........................... 9KK Bid evaluation,q 5 Res nse to 2 &Ix 5 v....... mmm ----------------- .......... Name and title of ----—------------------................... ....... S! nature of officer- Boynton Beadh Utilitim-General Consuft So-vices V.5 CLEAN FINAL C-29 Page 81 of 1207 y PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS CONSTRUCTION PHASE COMPLETION Rate numer ca !2 1 to.5 Wth 5 bein the h! host score WA a " a Rood TrueCon 1 . m i 1 2 3 —De.� - _ 1 TimellnessQualfty of ProemdPlonSud . is 1 a 1 . 1 a .. 1 -YR-j11Y_qfgqpport perview a _ 1 8. Overall mi 1 a "aa a 1. -fO—. w afar 1 11. Did Consukant provide vAclent copies of; plans to slow for Imely mview and approvEd by aA 1 P 1 . Consultant to 1 Contractor, 1 3 Officils aas 1 a __ r , 12 3 4 5 r.. ion a a a coordinatbn a r 1 a i ii i; erwork? a aPmeedve Pa tlon in P 1 11'a fie and,the e f t of m � .:..... v .v .. .,,,, m [r� _qj ze Bewh Utiffles-Owmal Conwifing V.5 CLEAN FINAL C-30 Page 82 of 1207 EXHIBIT J PERFORMANCE EVALUATION FORM CONSUL71NG ENGINEERS PLANNINGISTUDY ACTIV17Y, REPORT, OTHER M 2 1 � i . .._.._.._.._.._.._.._.._... 5. :, Consultant a0vely parkipate in problem ....,..,. 7. w Name and title In "m rhe. Boynton Beach " s- V.5 CLEAN FINAL C-31 Page 83 of 1207 CERTIFICATEM m TM CS __rMEC 9 k mak A'T"T'0 •1 EM73 UPON� E CXJ� mm HOLDOL THIS CEMWATE DOES NOTAYRRMAJIVELY OR NEGATNELYMND OR ALTERiF. P(Mcas BELM. THE SCE DOES NOT COMEMME A WKYRACT OffrWMEN THE OBUR40 14WRERM, AM . k REPRESENTATIVE OR PRODUCEK MD THEn If fW LL ' "Esubthe twmn wwd candifflonsthe policV.cartWin poll6a may requhs an w4omwnwnt A sbAwmat an thIs acw mmmmmmmmmm mmmmmmmmmmmmmmm �mmmm t am� r� u ch ou� en mmmmmm mmm mm m�m m mmmmmmmm mmmmm mmm P _._ . PROME r w W. „SLAb ....--- ------------- N __..n____________________ 1 F r,ft-,h Tom ....._._._._._._._._._ iFL"ni'm . .r................................................. ----- -----.........,.°°. covu4mrs CERTIFICATE NUMBER: MaMMISI24 KV NUMBER: THS k ` k .7.THE s :WSURP E E k .R F C w M k FOR r�,��.k C TED° EAQ� kk EENT, DET ,Y CONTRACT UrF .D u 4. PEC' IC TI-03 TIF, M WED " Y PERTAM,THE INSURANCE AFF" E-M k F DOE'S E • M URJECT TO .'TH "ki k k I k'k'k Off'S- k ',)UM u IT X41 HA BEEN Mk �� Y ICLAIMS. J Q RYn � ... a a 6 ... „ os J MAMUMM 0=,R --- YaOWED —_. ° kk MIMULm A6'YC6 ONLY =us MY ----------------------------- ---------------- _._� ............. ......... w_ ME RLUILL-- °mmm m i w Recourmaxim _ u� � s� g r MAI NN KN0 EL, -F—J'e r4r- loa 0.4 of �e i Ii &ALS q watt " kb it °aW 0beus °£ "off s � ma tr sly 18MM Mervaritr wa~wf, A% ,rip, , rt I g °mmm �, ,-- °mm��°mmm.............°......................m..,.,,°..°mm m mm° --------.,-9_.... RMOOK310 VATH . IE '-—1 LDAW ° ROMMMIATIVE junm %MMO .WWVRM VogelAmes L . - - ACOS' ) The m,mgMered rnaft ofACORD , Page 84 of 1207 AGENCY CUSTOMER I ® Loc lk I ro ADDITIONAL REMARKS SCHEDULE Pagn of 2 AGMCT MANWINURM ABDOM a � Tamyl Rug, low . � 34 ADDFTIONAL REMARKS THIS AOMTIONAL REMARKS FORM 18 A SCHEDULE ID ACORD FORM, Cedificato of LiabilitvInsurance C s as pelty N -NW043675 AOS IMUNWONOW-NNC#Mg GAMW NA SGF 47 C 1" edft ACORD 101(200 CORPORATION. All righb reserved. The 6vWvv are reglateradC Page 85 of 1207 213AM7W km Go raw Lm Angelm CA VW" YAWAMCOMCM TAWS URTMCATE 1,Charlm F. S=Wt,DO HEREBY CERTIFY dud I am die duly decW and acting Semetary of AECOM Todmical Smiam Inc,a corporation organized under the lavre of the State of Cafihmia(-ATS-or'r.�on-),and the keeper of its mm&and corporate 819 West Wee%Los 791Angeles,CA 90017-00W wid thd the CoipwafiWs principal place of buimm is 300 South Grand Avenue,96 Floor,Los Amgdei6 Calffimmia 90071. 23,2018, IN VAMNESS t I have m*scribed my name and affmad the ad ofthe Capmdon,this 3&day ofAugask 2018. coo 1 r fi i r v Page 86 of 1207 WHEREOF,IN TESMONY allthe . fjU4 0,� A�-' Davidiasn T—:uuu 's TimdMyKmwr Page 87 of 1207 6.B. CONSENTAGENDA 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-3C-02 with Globaltech in the sum of $48,684.50 in accordance with RFQ No.046-2821-17/TP General Consulting Services Contract, Scope C executed September 7, 2018. This task order will allow the consultant to provide predesign and conceptual study of an Alternative Reclaimed Water Supply Project. EXPLANATION OF REQUEST: The City obtained a $250,000 Florida General Appropriations Grant (#1595A) to be administered by the Florida Department of Environmental Protection for this pilot project. This project will demonstrate the ability to withdraw irrigation water from a shallow irrigation well located near a secondary drainage canal to supplement the City Reclaimed water system. Irrigation water withdrawn from the well will be filtered and disinfected prior to distribution through the City's existing reclaimed water distribution system for beneficial reuse by the city customers. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Implementation of an alternative reclaimed water system will allow the City to supplement the City's reclaimed water supply to reuse customers. Once the alternative water supply system proves feasible, it can be repeated throughout the utility's service area to expand the City's use of non potable water for irrigation purposes. The use of shallow irrigation wells for irrigation will also reduce the demands on the higher quality groundwater for potable water production. FISCAL IMPACT: Budgeted This Pilot project design and construction will be funded by the utility's capital budget. The expended funds will be reimbursed by the State Grant funds. C I P account#404-5000-536.65.11 CIP Project Number REU 005 ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 88 of 1207 Grant Amount: $250,000 ATTACHMENTS: Type Description D Task Order GlobalTech Task Order UT-3C-02 D Contract Gen Services Contret with Globaltech Page 89 of 1207 TASK ORDER# CITY OF BOYNTON BEACH GENERAL CONSULTING SERVICES SCOPE OF WORK FOR ALTERNATIVE RECLAIMED WATER SUPPLY PILOT PROJECT PREDESIGN/CONCEPTUAL STUDY INTRODUCTION The City of Boynton Beach (CITY) entered into an AGREEMENT entitled General Consulting Services RFQ No. 046-2821-171TP (CONTRACT) with Globaltech, Inc. (CONSULTANT) to provide engineering services for various general activities, approved by the Boynton Beach City Commission on September 7, 2018. This Task Order will be performed under that AGREEMENT SCOPE OF SERVICES The CITY obtained a Florida General Appropriations Grant (#1595A) that is administered by the Florida Department of Environmental Protection (FDEP) for a pilot project to demonstrate indirect surface water public reuse. The project is to install a pilot system to provide irrigation well water to the City reclaimed water distribution system utilizing a shallow irrigation well adjacent to the E-4 Canal. The water from the shallow irrigation well is to be filtered and disinfected with sodium hypochlorite before being pumped into the reclaimed water distribution system. The shallow irrigation well and pilot equipment is to be located on undeveloped land near SW 22nd Way and the E-4 Canal. A Predesign/Conceptual Study is to be prepared to support the Alternative Reclaimed Water Supply Pilot Project. The following work tasks are included in the Evaluation. Task I —Water Source Evaluation Data Review. CONSULTANT'S subconsultant (JLA) will review available hydrogeologic data from published reports and accessible databases, such as the South Florida Water Management District (SFWMD) and the United States Geological Survey (USGS). If available, JLA will review shallow geotechnical data for the site obtained by others. Regional hydrogeologic data and data from the City of Boynton Beach wellfield will be reviewed to aid in the design of the well. JLA will review historical canal discharge data to obtain the frequency and durations that the canal system discharges to tide via the SFWMD discharge structures. A summary table and applicable charts will be prepared showing the frequency and volumes of water discharged to tide. A narrative will be prepared to summarize the findings. A technical memorandum (TM) summarizing the available hydrogeologic data, discussing the advantages/disadvantages of shallow vertical or horizontal irrigation wells, and summarizing the historical data review for the canal discharges will be prepared. The memorandum will include recommendations for the project site including the anticipated dimensions of the recommended well including depth and length of the well completion interval to obtain the targeted 200 gpm. Page 90 of 1207 Groundwater Flow/Source Analysis. JLA will modify an existing numeric groundwater flow model to simulate the existing groundwater available to supply a shallow irrigation well at the site and surrounding area. The uncalibrated model will be used to evaluate impacts on surface water (the LWDD E-4 Canal) and groundwater resulting from the project's proposed withdrawals. Simulations will be performed for a couple of operating scenarios — including the proposed well design capacity for the pilot project (200 gpm) and a future withdrawal rate to be determined following the review of the historical canal discharge data and consultation with the City of Boynton Beach on anticipated future reclaimed water needs. The intent of the modeling exercise is to determine the safe yield of the existing groundwater and to determine the anticipated capacity and configuration of the shallow irrigation well. A description of the model and the results of the modeling evaluation will be included in the technical memorandum described in the previous task. Filtration Technolo Various filtration technologies are to be examined in a literature review to determine the most feasible option for the application. In addition to the disk filter originally proposed in the grant application, other filtration technologies (strainers, spin disk filters, and sand filters) are also to be evaluated in a desk top analysis. Criteria for feasibility shall include total suspended solids removal, particle size removal, waste generated, energy consumption, ease of operation/maintenance, and costs. Recommendations for the most feasible technology for this application is to be made with sizing criteria to produce up to 200 gpm of reclaimed water for the pilot test equipment. Task 3 — Disinfection Evaluation To meet the disinfection requirements of the reclaimed water system, bench-scale chlorine demand tests on filtered canal water will be conducted to establish a ball park chlorine dose. Samples from the canal shall be collected and filtered using 1-micron filter paper. Following filtration, the samples are to be chlorinated using sodium hypochlorite to determine a dose to maintain a 1 mg/L free chlorine residual after 1 hour. The selected dose will be used as an estimate for the pilot system design. Task 4 -- Pilot System Predesign Technical Memorandum Based on the evaluations in Tasks 1-3 above, recommendations for the pilot system shall be provided in a TM. The recommendations shall include a written description of materials and equipment to be incorporated into the pilot project well and treatment system. A process flow diagram is to providing showing the treatment and monitoring systems. A process control system narrative will be provided to meet anticipated. The minimum power requirement for the pilot system shall be provided. Secondary containment of sodium hypochlorite and disposal of backwash from the filtration process shall also be discussed in the TM. Services Not Included in Scope of Services Design or permitting of the pilot system. Additional services not otherwise provided for in this Scope of Services. Page 91 of 1207 PROJECT PERSONNEL The CONSULTANT proposes David Schuman, P.E., to serve as the project manager and technical reviewer of this project. DELIVERABLES CONSULTANT will prepare the following deliverables; as part of this Task Order: Soil boring report Water Source Evaluation Technical Memorandum Pilot System Predesign Technical Memorandum ASSUMPTIONS 1. A Notice to Proceed is issued by February 5, 2019. 2. Land will be cleared to provide access for soil boring. COMPENSATION Compensation for this Task Order# will be on a time and materials basis for a fee not to exceed $48,684,50. Attachment -A provides the compensation summary for the project. ATTACHMENT — A Compensation Summary AUTHORIZATION Submitted by to ]tech, Inc. A By: Troy L. kn,-PE Title: Executive Vice President Date: Janu f 14 2019 3 Page 92 of 1207 Compensation Page 93 of 1207 F- Attachment A Task Order# ALTERNATIVE WATER SUPPLY PILOT PROJECT Principal Project Senior Process Total Subconsultant Manager Electrical Engineer CADD Clerical Labor Services Subconsultant Contractual Labor Rates$/Hr $21000 $185(10 $130 00 $110 00 $65 00 Task I Water Source Evaluation Project Coordination 4 2 $970.00 Data Review 2 $420.00 $7,875.00 JLA Groundwater Flonv/Soume Analysis 2 2 $550.00 $3,900.00 JLA Soil Baring 2 2 2 $810.00 $2,000.00 Nutting Review Meeting 2 2 2 $810.00 $1,320.00 JLA Subtotal Task 1 0 12 0 4 0 9 $3,560.00 $15,095.0() Task 2 Filtation Technologies Evaluation Project Coordination 4 2 $970.00 Desktop Eval of Potential Filtration Tech 2 6 12 $3,260.00 Subtotal Task 2 2 10 0 12 0 2 $4,230.00 $0.00 Task3 Disinfection Evaluation Project Coordination 4 2 $970.00 Sample Collection 2 6 2 $1,330= Disinfection Lab Testing 2 8 16 2 $4,330.00 Subtotal Task 3 2 14 0 22 0 6 $6,630.00 $0.00 Task Pilot System Recommendations Project Coordination 2 $970.00 Summary of Tasks 1-3 4 8 $1,880.00 Pilot Equipment SWng 2 8 6 12 $4,190.00 Process Flow Diagram 2 4 G $1,600.00 Prepare Draft TM 2 12 2 8 2 2 $4,720.00 TM review meeting with Staff $1,360.00 Finalize'rM 4 2 1 2 q7.,340,00 Subtotal Task 4 4 38 a 38 9 6 $16,660-00 $0.00 Total 8 74 a 76 9 22 $32,08DX0 $15,095.00 Subconsultants $15,095.00 Markup $1,509.50 Total ILlc,,n,ulta,,t $16,604,50 R&mbursable Expenses $1,000-00 Total $48,684.50 Page 94 of 1207 61 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITT, and GLOBALTECH, INC., hereinafter referred to as wthe CONSULTANr,in consideration of the mutual benefits,terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 207.055, Florida Statutes, the Consuftents' Competitive Negotiation Act,the CITYS Procurement Code,the City of Boynton Beach solicited proposals for professional consulting s from qualified engineering firms for required City services;and WHEREAS, THE CITY issued a Request fbr Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualiffed consulting firms to provide General Consulting services to the CIW,and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE I -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 0 Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONS1131LITIES 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-consubn&work, The term"Agimement!'has the same mmning as the term"canftwtr Boynton Braeb Utilities-General.Consulting SeMces C4 V. CLEAN KNAL Page 95 of 1207 12.3 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 wfth the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be lMted to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary servioss phase,the CONSULTANT shall advise the ITS, 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 date from other sources-, identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, provide analyses of the CRYS needs for surveys; perform she 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 survey& 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. 1243 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the she and its surrounds for the proposed project; and/or 124.4 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 pennit non-complianoe; assist with startup and operator training for newly installed or modified equipment and processes, and int preparation of operating, Boynton Beach Utilities-General Consulting Serviow C-2 V3 AN FNAL Page 96 of 1207 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES. The CONSULTANT shall consuft and advise the CITY E n the following manner: specifying the extent and scope of the work to be performed, prepare detailed construction dravAngs and specifications; revise and update, where necessary, previou* designed construction pIns 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 eWronic format, and shall also include furnishing up to six (6) copies of plans and spedfications 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 shallalso 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 perTnb. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorbmd by the CITY In each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of dramdngs and other documents to fix and describe the size and character of each proj civill engineering, environmental, landscape, architecture[, 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 Cons ! 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 int construction budgeis Il prepare Construction Documents within tenumber of calendar days 'specifed within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detafl 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 of general market conditions. 1-2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Bewh Utilities-Cieneral Consulting Services W LEAN T FINAL CC-3 Page 97 of 1207 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.8 CONSULTANT shall Include in the Construction Documents a requirement that the construction contractor shall provide a final as-buift survey of the project in Autocad electronic forrnat 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 mquired by the CITY and as required. 1.1 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 compIi ance with requirements of any local, state, or federal agency from which a permit or her approval Is required. The CONSULTANT shall make sure that all rvecessary 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 property 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 Quaft 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 p racticing under similar conditions. 1.2.8 The CONSULTANT following the CITYS 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. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton,Beach Utilities Geneml ConsWting Services C-4 V.5 CLEAN FWAL Page 98 of 1207 received by the CITY and shall make a recommendation for any award based an the CITYS Procurement Administrative Policy Manual. 1®Z 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 ITS 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 I . 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 in us wide prices have changed because of unusual or unanticipated events affecting 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 GHYS Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CO NSU LTANT renders ft Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation is 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. 1.2AA The CONSULTANT shall attend all pre-proposal/per-bid conferences, 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CHYS representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualffication 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 Indeveloping qualifications criteria, review qualifications and recommend acceptance or nejection of the bidders. 1.2B.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. IZ9 The CITY shall make decision on all cWms 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 fbr 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 tot 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 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequenom or procedures, or fort safety Boyntan Beach Utilities General Congalfing Savices V.5 CLEAN FINAL C-5 Page 99 of 1207 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 is shall be categorized tot various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2. .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 arnhftecturaVengineering 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 date. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor fbr 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. 1.111 The CONSULTANT shall perform on-afte construction observation af each project based on the Construction Documents in accordance mAth 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 proceed Ing 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 vAll 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 CITYwhere thework 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 Contractors ite 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 Contractor and shall issue Certificates for Payment In such amount. These Certificates vAll constitute a representation to the CITY based on such Boynton Beach UdIfties-General Consul&g Services C-6 V.5 CLEAN FINAL Page 100 of 1207 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 Mh the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and Is 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 pri9 drawings and other data fshed 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 AutoGad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings an site bi-monthly or as otherwise determined based on a specific need established pri or 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, is 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 is shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction pmgress of any work, the CONSULTANT will if aLithorized 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 mrill endeavor to identify for the CITY any defects and deficiencies int work of the Contractor(s). Resident project observation services shall include but is not limited to the following: pt► Conducting all pre-construction conferences; 0, Conducting all necessary construction progress meetings; 4- Observation of the work in progress to the extent authorized by the CITY; 4% Receipt, review coordination and disbursement of shop drawings and other submittals; 0 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Congulting Serviom V. CLEAN FINAL C-7 Page 101 of 1207 -1o' Verification of contractora'and subcontractors' payrolls and records for compliance with applicable contract requirements-, Maintenance at each project site an 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; 4, mite tion to the CITY immediately if it appears that either each project schedule or each project budget will not be met; s0o Scheduling and conducting monthly progressmeetings at which CITY, Engineer, general contractor,trade contractor, ut[Ii fies 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 oft plans, specifications, and Construction Contract; 4% Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a dally to 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 it 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. TheResident Project Representative shall be a person acceptable to the CITY, and the CITY shall vet 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 tate 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 forte 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 amordance with the requirements oft Contract Documents, The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, sets 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 programs or precautions related to CITY's activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beadi Ufflifles-Gomm]Consulting Sew-vims V.5 CLEAN FINAL C-8 Page 102 of 1207 vendors ("Contraclom"), 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 CI 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 (OProject SiteB) other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.11 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 drmfts of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or tot CITY. 4- Services resulting from significant changes int general scope,extent or character of any particular project or Its design including but not limited to, changes in size, complexity, the CITYS schedule,character of construction or method of financing, revising previou* accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes oro 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 foraftemate 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, to schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licansIng, detailed quantity surveys of material, equipment and labor, and audb or inventories required in connection with construction performed by the CITY. 4, Assistance in connection with Proposal/proposal protests, re-bidding or re-negatiating 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 proposals) in is event there shall be no additional cost fDr the provision of such services. Boynton Bcach Utilities-Gone=[Consulting Semices V.5 CLF-AN FINAL C-9 Page 103 of 1207 ^0 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrat[ve proceeding. Ao Additional services in connection with a project not othervAse provided inthis Agreement. Services in connection with a project not otherwise provided for inthis Agreement. .4 Services in connection with a field order or change order requested by the CITY. A 1- Providing artwork, models, or renderings as requested by the I . 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorlzatlon, it will furnish the faflowing addKianal services. 4- Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services afterthe 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 a missions oft CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construcbon, 2) a significant amount of detective 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 int design by the CONSULTANT or if the CONSULTANT falls 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. 4, Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. 4, Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components efther during bidding aridlor Negotiation services or Construction Contract award. The cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. J* 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 deerned Basic Services, Except when caused by a design error by the CONSULTANT,the cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. BGynton Reach Utilities-General Consulting Services V,5 CLEAN FINAL C40 Page 104 of 1207 1.4 CI1YS RESPONSIBfLITIES 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 aLdhorfty 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 du ring the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1. .1. Provide all criteria and full information as to the CHYS requirements for the Project including design objectives and constraints, space, capacity and performance requirements, fleAblility and expandablifty, and any budgetary limitations. 1.4.13 Assist the CONSULTANT by proiAding at the CONSULTANT'S request all available information pertinent tot Project including previous reports and any other data relative to design or constmcf1an 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: 1A.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic. surveys, laboratory tests and Inspectlon of samples, materials and equipment; 1. .1. 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, dead 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 undert is 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 ansulting SmIces V,5 CLEAN FINAL C-11 Page 105 of 1207 1.6 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order written task order, the CONSULTANT shall submit to the CITY, at least rive (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 int order in which the CITY wishes, and shall be performed and completed int order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for compWIon approved by the CITY in advance, in writing, shall not constitute non-perfbrmance by CONSULTANT pursuant to this Agreement, 1.53 Proposals received by CONSULTANT as a result of task orhmitten task order that exceeds $25,000 in cost will require appnovel from CITY Commission before execution of services in accordance with the CI1yS 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 CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withhold 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 arolling" 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 auth0ftafiDn to Start 8 subsequent work. 1® When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances in 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 untiI such time as it is no longer in default, and the CONSULTANT has demonstrated to the C17YS satisfaction, the reasons for tardy completion Boynton each Utilities General Consulting Services V.-5 CLEAN FINAL C-12 Page 106 of 1207 have been addressed and are not likely to be repeated In subsequent task orders. This restricted issuance provision may result int CONSULTANT not in 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 or arising cut of this Agreement andlor 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 oft foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: 4* CONSULTANT has not perfon-ned services on a timely basis due to CONSULTANT'S negligent errors or omissions, 0 CONSULTANT has refused or failed to supply enough properly skilled personnel; 4- 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; 4 CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; 46 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 vAth the requirements of this Agreement 1.6.2 Int event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: 0 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 CONSULTANrS 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 CLEAN KNAL 0-13 Page 107 of 1207 1. .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 reme4y 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 ort 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 ftt the Services to be performed during the Wm (2)year term will be govemed by this Agreement, and that there is no guarantee of future work in given to the CONSULTANT. 22 In the event that services are scheduled to and 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 islare completed.At no time shall this transitional period extend more than one-hundred and eighty(1180)calendar days beyond the expiration date oft existing contract. The CONSULTANT mill be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY ARTICLE 3 -11ME OFLPERFORMANCE V Work under this Contract shall commence upon the gfving of written notice by the CITY tot CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all or 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 fort 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 he full compensation forwork performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. 0 Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-Goteral ansulting SeMccs V.5 CLEAN FTMAL C-14 Page 108 of 1207 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITYS representative prior to performance of the sub-oonsulting 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. do The CONSULTANT may submit vouchers to the CITY on 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. -0 In certain cases where incremental billing for partially completed Woric is permitted by the CITYS representative,the total incremental billing$ 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 sce is to be compensated based an time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CI1YS representative fbr prior approval based on estimated labor hours and hourly rates which shall not exceed the estabI[shed 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 rpt® 0 Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its asoertainment 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. In order for both parties herein to close their books and records, the CONSULTANT will clearty state 'Linal invaiW an 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 an 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 int industry, such increases shall not exosed 5% per year, or whichever is less, the latest yeady percentage increase in the All Urban Consumers Price In (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utillfles-General Consulting SeMees V.5 CLEAN FINAL C-1 Page 109 of 1207 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 cordract year then in effect, compared to the in 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 orindustry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the[ t . 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 ARTICLES-2 ERSHIPANDUSEOFDQCL jME-KTfj 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 shaI! maintain the lights 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 CITYS sole risk and Wthout liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLES-FUNDING 6.1 This Contract shall remain in full fame and eftd only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach int annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES ANn flgeag§ TTI ONS 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 qualiffed professionals to all assigned projects during the terrn 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 by CONSULTANT shall provide services to CITY pursuant tothis Contract. CITY Boynton each Utilities-Gencral Consulting tirmices V.5 CLEAN FINAL C-16 Page 110 of 1207 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 8-t�01@ 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 semices and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project, Should changes in any low, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-1WEIVINIFIL ATION 9A 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 end 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 th Is Contract or out oft services or goods furnished hereunder. 9.2 To the greatest extent pernfifted pursuant to Section 725.06, Florida Statutes, CONSULTANT's Indemnification obligation (when providing services to CITY) shall not exceed the value of LTA T' total compensation. Such obligation shall not be construed tonegate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or petson described inthis 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 Uldlitics-General ConsWting Services V,5 CLEAN FINAL C-17 Page 111 of 1207 ARTICLE 10- INSURANCE 10.1 During the performance oft 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 Flofida. 10.1.1 Workees 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 Employees Liability Insurance requirements in is subcontracts. This coverage shall include Employer's Liability wh h limits meeting all applicable state and federal law& This coverage must extend to any sub- n t have their own Worker's Compensation and Employees Liability Insurance, unless not required by statute. The policy must contain a waiver of subragation in favor of the CITYof 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. Cover-age shaII Include Premises and Operations, Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, aindemnificationg of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arlse 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 occurrenceleggregate 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-paymant of premium. 10A.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 arlse from the ownership, use of maintenance of owned and non-owned automobile, included rented autornoblM, 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 clairn/aggregate. Boynton Beach Utilities-Genei-A Consulting Servim V.5 CLEAN FINAL C-18 Page 112 of 1207 10-2 it shall be the responsibility ot the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment oft 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 difflarent from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior tot date on which the requfrements shall take effecL Should the CONSULTANT WI 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 an the date that the required change in policy coverage would otherwise take effect. 10.4 CONS U LTANT shall, for a period of two (2)years following the termination of the Agreement, maintain it coverage"in an amount equal tot described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE I I -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agrot t the CONSULTANT is an independent CONSULTANT wilh respect tot services provided pursuant to this Contract. Nothing inti 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 empI oyees by virtue oft services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11® CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant tothis Agreement, CONSULTANT shall comply with Chapter 119, norlda 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 then a bonsfide employee working solely fort CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any oompany or person, other than a bonal'Ide 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 Headi Wities-General Consulting SeMea V. CLRAN RNAL C-19 Page 113 of 1207 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, ARTICLE 13—TRUTH-IM-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 cu on as of the date of the Contract. 132 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 dghts under this nCertificaW within one(1)year following payment. ARTICLE 14 - QK1RACJ[NQ 14.1 The CITY reserves the right to acceptthe use of a SUB-CONSULTANT or to reject the selection of a particular suANT and to inspect all facilffies of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform property 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-CONSULTA falls 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 int performance any portion oft contract as set forth in the Scope of Work. 143 The CONSULTANT, its SUB-CONSLILTS, 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 16 -DISCRIMINATION PROHIBITED 15,1 The CONSULTANT, with regard to the wori 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 Utiflues-General Conmiting Services V.5 CLEAN FINAL C-20 Page 114 of 1207 ARTICLE 17 -N614-WAIVER 171 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver® in writing. In the event of a written waiver, such a waiver shall not affect the waiving partys 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 deflault or breach shall not operate or be construed to operate as a waiver of any subsequent defauft or breach, ARTICLE IS—TERMINATION 18.1 Termination for Convenience: This. contract may be terminated by the CITY fbr 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 theCONSULTANT abandons the Contractor causes Itto be terminated,CONSULTANT all indemnify the CITY against loss pertaining to this termination, 18.2 Termination for Delbult:: In addftion to all other remedies available to the CITY, this Contract shag be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fall 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 low. The CITY does not consent to madlal:lon 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 int prevention or delay of performance by a party of its obligations under this Contract and is 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 Heach Utilities-General Consulting Services V.5 CLENNFINAL C-21 Page 115 of 1207 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,orremediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. Ten n- or 1 ll, within a reasonable time of in prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forms preventing continued performance of the obligations aft is Contract, ARTICLE 21 —fel 7Y-PIS OVIM)LN -ORMATION L_AND 21A 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 date 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 pruvided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PRoigurIONS 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 condons; time or quality of performance of third parties; quafity, type, management, or direction of operating personnel; and other economic and oper*lonal 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 VE" from CONSULTANT'S op!nion%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 fight to assert a claim against CONSULTANT by assignment of indemnity rights or cate shall accrue to a third p" as a result of this Agreement or the performance of CONSULTANT's services hereunder. Boynton Beadw Utilities-General Consulting Saviecs V.5 CLEAN FINAL C-22 Page 116 of 1207 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: —---------- ------- --7————----------------------—-------------—------ Aitrr Ut"Iftlif DirectorC M 'n 8 -------------- ------------- --- --- E,Wool Prock.l.rernenit ----8er,/kx,,,m ........ ................. —-------------------------------- C). Btox,310 EL33435 P,1 ---------- rs And Notices to CONSULTANT,shall be sent to the following address., C.- ................... Atkrr Rick 01so U-r---------------- " W 411!2 M�114------ swjv",, 610 ------------------ _R- 33487 ----------— ARTICLE 25 -INTEGRA,rED 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 pdor 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 individ ual Task Order, the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision ot tne bitate of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to walve or modify the immunitles and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended 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 conng it, shall be construed or resoWed 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 oft Contract,the prevailing party shall be entitled to recover Its own costs andattorney 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 CITYS entitlement to sovereign immunity, or extend CITY'S liability beyond the Ilmits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consuf6ng Servim V.5 CLEAN FWAL C-23 Page 117 of 1207 ARTICLEPUBLIC 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 CF17Y to perform the service; ® 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 txceed the cost provided in chapter 119, Fla. Stat°or as otherwise provided by law; C. Ensure that public records that are exempt or that arc confidential and exempt from public record disclosure requirements am not disclosed except as authorized by law for the duration of the contract tenn and, following completion of the contract Contractor shall destroy a copies of such confidential and exempt records remaining in its posession once the Contractor transfers the records hi its possession tD the CITY; and D. Upon completion of the contract Contractor shall transfer to the CITY, atno oostto 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 CITYS custodian of public records, in a format that is compatible with the ifyformation technology systems of the CITY. E. IF THE, CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPITR 119, FLORIDA STATUES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACK FLORIDA,33425 561-742-6061. xMikAMELU Boynton Beach Utilities-General Consultin g Services V. CLEAN FINAL C-24 Page 118 of 1207 THE PARTMS HAVE EVALUATED P SKS AND REhIEDIES UNDER TTIIS AGREEMENT AND AGREE TO ALLOCATES S T THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THISAGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATESSUBSIDIARIES, AND THEIR RESPECTIVEDIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, C-CO S T 'S COVERED PARTIES'), SO THAT THE TOTAL AGGREGATE LIABILITY F THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES THE ASSIGNED TASK ORDER, THIS RESTRICTION OF REMEDIES SHALL APPLY T ALL SUITS,CLAIMS,ACTIONS,LOSSES,COS (INCLUDING ATT S)AND DAMAGES OF ANY NATUREARISING FROMTO THIS AGREEMENT WrMOUT REGARDTO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY I H%IPOSED. CLAIMS MUST HE BROUGHTONE CALENDARFROM PERFORMANCE OF THE SERVICES UNLESS A LONGER. PERIOD IS REQUIRED LAW. IN , the partiesi In multiple copies, i II be consideredri I I on the following : DATED thjs 7 day of , 20 1 CITY OF BOYNTON BEACH Citi Manager -C:OINSUL ANT Attest/Authenticated: Twe (Corporate Seal} City rk Approv d as to 0 AttestlAuthenticated: —9- 6ra� ffiL tA&Mey SecreLary, Boynton Utilities-Generd Consulting .5 CLEAN Page 119 of 1207 EXHIBIT"A" RATE SHEET CRI johaltec Inc DATE_ .... ........ lvt�V'bshfV'{iLl int t$9)��u�'`; OFat �P Q,,I�I°19�t}v . ... .,........ ................................. ,... W f 6 .......,....t Sir !%,I ' 0LO .....,.... _:. .. ................,c: �..... {v. �,... ...,,.ate t 'sa"t'ihll2 int.` ,N -,.,3.c,u .......... ..... ....... ............ { ...................... p f IC 3 P 6t 11.1-((,',','/,, ((,.dr,I, � R„cl 1,kdt,iv n ».,,�a,1 d �,.�.mm, ...,,, �....�.,M . at l{" Yl' €fdvlhat ifir .. I a ft�.ztt aft , .... , frri4.!„1P� '«�� ,its.., wF4 dn €�I Reimbursable Evnpncpz, Direct costs such as poaage,prints,delivery service will be billed at cost. y t=Bearh Utilities-Gmeral Consulting Servims V.5 CLEAN FINAL Page 120 of 1207 EXE"ff 46B99 City of Boynton Beach Risk Management Department INSURANIM ADVISORY FORM Under the terms and conditions area contracts,leases,and avemnants,the City requiras appropriate,coverages listing the City of Boynton 13cach as Additional bsnre& This is done by providing a Certificate of fitsurence listing the City as"Certificate Holder" and"Ile City of Boynecat Heach is Additional ImLsed as reopect to cansroges notod-"Insumance cornpanins providing Insurance coverages meet have a current rating by A-M.Best Co. of'11+�'or highm, (NOYE- An Warance contract or binder as be orcriered to proof af innerance if Cerfifinare it provided upon selection of van don) 'Me following is a M of types of thsarance required of contractors,lessees,eto.,and the limits required by the Cfty: (NOTM This Ust is not all inclusive,and the City reserves the right to require addit`on d types of fusurance,or to raise or lower the stated limits,hued upon identified risk) (Occurrence used Ord ) MMMUM IMITS REOUIRED General Liability General Aggregate 3 1,000,000.00 Commercial General Liability Pro ducts-Compft Agg, S 1,000,000.00 Owners&Contractoes Protective(OCP) Personal&Adv,Injury S 1,000,000.00 Liquor liability Each occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Offictes Mcd.Expense(any one paroon) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Rglosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Fenn Property Damage Put Legal Liability Amranobile Unibility Combined Single Limit S 500,000.00 Any Auto Bodily lujury(per person) to be determined All Owned Autos Bodily Injury(por accident) to be de ed Scheduled.titan Property Damage to be detennined. Ffired Autos Trailer Interchange $ 50,000,00 Mon-Owned Autos PIP Basic Intermodal Garage Liability Ante Only,Each Accidwt 1,000,000.00 Any to Other Than Auto Only S 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate S 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aginegaft: to be desambW Worker's Compensation Statutory Limits Employer's Liability Ewh Accident 100,000.00 Discam,P Dliry Limit 500,000.00 Disease Each Employw $ 100,000.00 Prop" Homeowners Revocable Permit S 300,000.00 Buildea's Risk Limits hued an project Cost Odier- As Risk Identified to be detenninod ................. Boynton Beach Utilities-General Consulting SeMces V,5 CLEAN FINAL C-27 Page 121 of 1207 EXHIBIT " PERFORMANCE EVALUATION CONSULTrNG ENGINEERS Boynton c Utilities-General Consulting Services .5 CLEAN FI - 28 Page 122 of 1207 E., , "C" EVALUATIONPERFORMANCE ENGINEERSCONSULTING DESIGNIENGINEERING BID DOCUMENT PREPARTION PHASE vl rsn, r . i u qqy -, .' is sb tab"1, . j 2v .... ......� 5, -As ofsubmissions 6, "Pians clearldeelafled _ . — *Preliminary administrativetlirnited staff reviewlevaluation of levels of clarity, accuracy, and coordination n disciplines. P .s FINAL T PREPARATION, BID,&AWARD BY CONSULTANT Rate n mi' rleaiiy 1 to 5 with 6 bellpthe � t ow-a N/A. .q . . mm mmmmmmmm_____._�-.,...........................,, �- 3j::j ..�-4 .m.m..m.mmm. ........ 4,.. rn rneru r s estiMate .._. 3 4 i Fri. 'I Irfi �� ubirdsal n .v 7. Pm-bid conferemrA-a ,d«, y P^s se o ( yn — ,5^A Irr Bid—evaluation qual imeliness it .:.. Re anse to build rr, �j rmi,*rr�m �r �i � ..mmmmmmmmmm 1 i Ike'dendurn pr 3or j rimy pp!M m ppLic2 i�jn i _.._ mmm m.._.. i r Boynton Beach Udiffl -Gcncral Consulting Suvices 29 V.5 CLEAN L ,� Page 123 of 1207 X . ff "C"' PERF01MANCE rtVALIJATION FORM CONSTRUCTION PHASE COMPLETION ateerg I to �.with 5 bein the highnest score f 2 Za Plans/S acsAccurate/Coordinated2 4 � 3.�.. -Dass Construct a �t 2 3 4 Timeh na s at" f Pr ix Submittals 2 _ 4 5 Producytgulp[nent Selection Avallabil, 1 We tafr a lovestloations I2 _gvarfty of Suport Services 1 2 2 . Overall Construction Contract inisb fl 2 3 4 5 kPry° �� f stat P. ta '10. alt ° f Claims for Extra _.. t 2 3 4 5 -Tl—. � r a to rovi sufficient copies of signal plans to allow for fimely revl&w andapproval by all t 2 3 4 5 Parittra aie " 27 Did the Consuftant actively participate to overcoming problems with the Contractor, Building f 2 3 4 Officials and/or ReaulatorV Agencies? I& Change Order Processing (Accuracy, ` i e-1 f 2 3 4 DocurnentLaboE, etcj tin Did the nsultant exercise adequateloffecting coordination and control of a c ullent s r f 2 3 4 u Prata Part atr� alt of t 2 f 2 4 ,. ,IC tq °'1(` �t'� t.•I `,'t;( ,1, �7lll ,t t Hf-�Mkr" (-)h, V T, �.,. Boynton Beach Utilities-Gerietal Consulftg Semlow V.5 CLEAN FINAL Page 124 of 1207 EXHIBIT AVI PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (wntlnued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate nunierJ1cA!!y 1 to 11,th 5 bei n #ie h! heat score N/A -iWtp[quotiin sad 1 1 2 3 4 situation or ad, 2. 2 3. 1-imelln"m of submissions 4. 51 2 3 4 5 6, 2 4 F, in 7. 2 Baynton'Beach Utilities-Genend Consulting SeMm V.5 CLEAN FINAL C-31 Page 125 of 1207 6.C. CONSENTAGENDA 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-012- Approve and authorize the City Manager to sign an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2019-2020 budget with the scope of professional services and specialized assistance in the amount of$17,500. EXPLANATION OF REQUEST: This request is not to make budgetary or Fire Assessment rate decisions. Instead, the request is only for contracting with Government Services Group, Inc. (GSG) to assist the City with the City's Fire Assessment Program for FY 2019-2020. The City does not maintain the technical staff to obtain the property files from the County Property Appraiser's Office, to provide the required specialized analysis, or to upload the property files with the assessment rates back to the Appraiser's Office. This is the major need for which the City contracts for these external professional services. The City originally initiated a seven year Fire Assessment Program in FY 2001-2002 through FY 2007-2008 with a sunset provision in FY 2008-2009 unless continued. At that time, in order to continue the program, it was required to implement a new Fire Assessment Program beginning in FY 2008-2009. The Commission also approved the Program for FY 2009-2010 through the current FY 2018-2019. GSG established the initial methodology and provided assistance to the City for the first seven (7) years of the Fire Assessment Program. When the Program was planned for extension beyond those years, we solicited Requests for Proposals to assist the City with the new Fire Assessment Program. We selected GSG to continue with their service due to their familiarity with the City, proven methodology that stood legal tests and lower cost to the City. GSG's scope of professional services and specialized assistance in the amount of$17,500 has been held consistent under the current Continuing Services Proposal for the last nine (9) years. The range of potential additional services primarily relates to mailing first class letters to (a) newly affected property owners ($350) and (b) all property owners should the rates be raised for the coming year ($45,010). For Fiscal Year 2018-19, the estimated gross Fire Assessment was$8,205,584 reduced to a net realized assessment of$6,663,944 after excluding tax exempt properties. The Fire Rescue Assessments assessed and apportioned among benefitted property parcels follow. FY 18/19 Rates: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Rate Per Square Foot Categories (*) Commercial $0.27 1 ndustrial/Warehouse $0.06 1 nstitutional $0.30 Page 126 of 1207 Nursing Home $0.30 (*)There is a maximum of 77,001 square foot cap on non-residential buildings The above rates for FY 18/19 only assessed less than 59% of the eligible Fire Rescue costs after excluding EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be $202.00 per dwelling unit and approximately 67% higher on the square footage rates for commercial property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? What Is The Fire Assessment? It is a non-ad valorem special assessment included on the annual tax notice that equitably allocates less than 60% of the cost of the City's eligible fire rescue services among all residential and non-residential property in the City that the Fire Rescue Department protects. All such properties are found to be specially benefited by the provision of the fire rescue services. The Fire Assessment can only be developed to cover costs of the Fire Rescue portion of the total Fire Department. Therefore, the cost determination must exclude Emergency Medical Service (EMS) expenditures of the Fire Department to determine the assessable costs. In turn, the assessable costs must then be allocated to property types (residential, commercial, industrial/warehouse, institutional, and nursing homes) obtained from the County Property Appraiser based on the percentage of calls to each property type. FISCAL IMPACT: Budgeted Funds were budgeted for this in the Fire department's FY18/19 budget under line item 001-2210-522-49-17. ALTERNATIVES: Because of the inability to complete the tasks in-house as previously explained, a specialized consultant is needed to implement the Fire Assessment for the FY 2019-2020. GSG was selected under the new Fire Assessment Program through a competitive selection process. Because GSG performed all services pursuant to their agreement, and given that the their rates have remained consistent for the last nine (9) years, it is not anticipated that a selection process this year would result in any more favorable terms for the same services. However, if the City Commission does not approve the GSG proposal, the alternative which would permit the special assessment to proceed towards implementation for FY 2019-2020 would be a new selection process. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 127 of 1207 ATTACHMENTS: Type Description D Resolution Resolution approving proposal of GSG Services for 2019-20 D Attachment GSF IFY 2019-20 Proposal Page 128 of 1207 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH 6 GOVERNMENT SERVICES GROUP, INC., TO ASSIST THE 7 CITY OF BOYNTON BEACH TO CONTINUE THE FIRE 8 ASSESSMENT PROGRAM FOR THE FY 2019-2020 BUDGET 9 WITH THE SCOPE OF PROFESSIONAL SERVICES AND 10 SPECIALIZED ASSISTANCE IN THE AMOUNT OF $17,500; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Government Services Group, Inc., (GSG) established the initial 14 methodology and provided assistance to the City with the Fire Assessment Program since 15 2001; and 16 WHEREAS, GSG was selected to continue with their service when the Fire 17 Assessment was extended due to their familiarity with the City, proven methodology that 18 stood legal tests and offered at a lower cost to the City; and 19 WHEREAS, contracting with GSG will preserve the progress that has been made to- 20 date in the data collection/maintenance of this program. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby approve and authorize the City Manager to execute the proposal of services with 28 Government Services Group, Inc., in the amount of$17,500.00 to assist the City with the Fire 29 Assessment Program for 2019/2020 and the potential additional services, a copy of the C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\D780A445-21A8-42CE-A655-B074FDF5B409\Boynton Beach.14553.1.GSG_Scope_of Services_19-20_=Reso.docx Page 129 of 1207 30 proposed Scope of services is attached hereto as Exhibit"A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 PASSED AND ADOPTED this day of , 2019. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor— Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Aimee Kelley 47 48 49 VOTE 50 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 60 (Corporate Seal) 61 62 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\D780A445-21A8-42CE-A655-B074FDF5B409\Boynton Beach.14553.1.GSG_Scope_of Services_19-20_=Reso.docx Page 130 of 1207 GOVERNMENTSERVICES GROUP, INC. WeServeGovernr ents.com Water, Wastewater and Special Assessment Financial Management Information Grants Management Utility Management and Support Consulting Management Services January 28, 2019 Via Electronic Mail Tim Howard, Finance Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: City of Boynton Beach - Fire Rescue Services Assessment Program: Continuing Services Proposal Dear Mr. Howard, As you know, Government Services Group, Inc. (GSG) originally assisted the City of Boynton Beach (City) in successfully implementing a fire rescue assessment program in 2001, and since its initial year, we have assisted in the maintenance of the annual assessment program on behalf of the City. However,when the assessment program was initiated in 2001-02,the City made the decision to "sunset"the assessment program effective Fiscal Year 2008-09. Therefore, in order for the City to continue to use the annual recurring revenue source, it was required to implement a new fire rescue assessment program for Fiscal Year 2008-09. GSG is pleased to have assisted the City in developing and successfully implementing this recurring revenue source in Fiscal Year 2008-09 and has continued to assist in the maintenance of the annual assessment program. As such, we believe that the City would benefit from a continuation of our services. In order to continue this relationship and the achievements realized thus far, attached as Appendix A is our proposed scope of services, fees, project deliverables and payment schedule to assist the City in the annual maintenance of the fire rescue assessment program for Fiscal Year 2019-20. Please review the attached scope of services and upon review and satisfactory determination, please sign where indicated on Appendix A to acknowledge acceptance of the scope of services and to serve as proper notice to proceed. Upon execution, please provide us with a signed copy for our files. If you have any questions, please do not hesitate to contact me. We look forward to working with the City of Boynton Beach again this year. Sincerely, Sandi Walker Project Coordinator Corporate Headquarters • 1500 Mahan Drive • Suite 250 • Tallahassee, FL 32308 • T 850.681.3717 • F 850.224.7206 Longwood Office • 280 Wekiva Springs Road • Suite 2070 • Longwood, Florida 32779 • T 407.629.6900 • F 407.629.6963 Page 131 of 1207 Appendix A CITY OF BOYNTON BEACH FIRE RESCUE ASSESSMENT PROGRAM ANN UAL MAINTENANCE FISCAL YEAR 2019-20 Page 132 of 1207 Scope of Services MAINTENANCE OF FIRE SERVICES ASSESSMENT PROGRAM Task 1: Base Retainer Services for Current Fiscal Year Assessment Program Upon notice to proceed, GSG will be retained to administer the current fiscal year assessment program and maintain the assessment roll database. Such retainer services will include GSG's availability to respond to requests for information or assistance from City staff regarding all aspects of the current assessment program. In addition, GSG will prepare the critical events schedule for the upcoming fiscal year to ensure adherence to statutory deadlines and will maintain the current fiscal year database in a manner that ensures data availability to specific requests. Task 2: Update the Preliminary Assessment Roll GSG will import updated Property Appraiser data to construct the preliminary annual assessment roll for the assessment program. Corrections from the City will be applied to the updated data. GSG will then create the assessment roll by programmatically applyingthe business rules to the data and extendingthe rates to the affected tax parcels according to the methodology. Task 3: Pro-Forma Rate Scenarios As requested by the City, GSG will provide rate scenarios to assist in budget analyses and assessment program planning. Task 4: Final Rates GSG will calculate/confirm the proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2019-20 assessment program. Task 5: Preliminary and Annual Assessment Resolutions GSG will advise and assist the City's legal counsel in drafting the implementing assessment resolutions that conform to the existing fire rescue assessment ordinance and the City's policy decisions. Task 6: Implementation Advise and assist with the requirements for the adoption of the annual assessment rate resolution and certification of the assessment roll in accordance with Section 197.3632, Florida Statutes, including: (a) Produce Notice Roll and Data Exports After verification of final rates for the assessment program, GSG will create the notice roll by applying the rates to the assessment roll. GSG will then produce the data exports needed for the production of TRIM notices. Data exports for TRIM notices will be transmitted as necessary to the Property Appraiser's office, per their specifications. (b)Development and Distribution of First Class Notice Assist the City in developing the first class notice and its distribution to any affected property owners. Task 7: Create Final Assessment Roll GSG will update the assessment roll with any corrections and updates received from the City. Final rates will be verified and extended to the updated data in order to create the final assessment roll. The final roll will be provided to the City. Task 8: Certify, Export and Transmit the Final Assessment Roll in Conformance with Uniform Method Using the final assessment roll, GSG will prepare export files on compatible electronic medium capable of merger with the ad valorem tax roll files and will transmit the file to the Tax Collector in the prescribed format. Government Services Group,Inc. I A-1 Page 133 of 1207 FEES AND COSTS For the professional services and specialized assistance described in the proposed Scope of Services, GSG's lump sum fee will be $17,500. Except as noted below, the fee includes reimbursement for all out-of-pocket expenses. The fee for professional services does not include any on-site visits by GSG staff to the City. Any on-site meetings may be arranged at our standard hourly rates provided below. All expenses related to on-site meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. Chief Executive Officer.............................................................................. $235 SeniorAdvisor............................................................................................ $210 Vice President/Managing Director........................................................... $195 Senior Project Manager/Consultant/Project Coordinator...................... $175 Database Analyst/Technical Services...................................................... $150 Administrative Support.............................................................................. $ 75 The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.40 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. The City is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The City is also responsible for any costs incurred to obtain information from the property appraiser or other public official that is necessary for the assessment program. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, GSG would be available, on an hourly basis, to assist the City in its defense. Government Services Group,Inc. I A-2 Page 134 of 1207 PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable, based on the following schedule and assuming that notice to proceed is received in February 2019. If notice to proceed occurs after this date, the payment schedule will be condensed over the anticipated number of months remaining to complete the project. Schedule Payment March 2019 1/3 of professional fee - $5,833 July 2019 1/3 of professional fee - $5,833 September 2019 1/3 of professional fee - $5,834 DELIVERABLES SCHEDULE Deliverable Schedule Notice to Proceed February 2019 Ongoing Retainer Services As Needed Calculate Rates March-May 2019 Develop Preliminary Assessment Roll May-June 2019 Preliminary Rate Resolution June -July 2019 Prepare Assessment Roll June-July 2019 TRIM/First Class Notices July-August 2019 Published Notice July-August 2019 Annual Rate Resolution August-September 2019 Certify Fiscal Year 2018-19 Assessment Roll by September 15, 2019 ACCEPTED AND AGREED TO APPENDIX A By: City of Boynton Beach Date Government Services Group,Inc. A-3 Page 135 of 1207 HOURS AND FEES MATRIX Task Total Hours Total Fees Task 1-Base Retainer Services for Current Fiscal Year Assessment Program Senior Vice President 4 $640 Senior Project Manager/Consultant/Project Coordinator 18 $2,880 Consu Ita nt/Data base Analyst/Technical Services 8 $1,280 Task 1 Total 30 $4,800 Task 2-Update Preliminary Assessment Roll Chief Executive Officer 0 $0 Senior Vice President 0 $0 Vice President 0 $0 Senior Project Manager/Consultant/Project Coordinator 4 $640 Consu Ita nt/Data base Analyst/Technical Services 32 $5,120 Administrative Support 0 $0 Task 2 Totals 36 $5,760 Task 3- Pro-Forma Rate Scenarios Senior Project Manager/Consultant/Project Coordinator 4 $640 Consu Ita nt/Data base Analyst/Technical Services 4 $640 Task 3 Total 8 $1,280 Task 4-Final Rates Senior Project Manager/Consultant/Project Coordinator 4 $640 Consu Ita nt/Data base Analyst/Technical Services 2 $320 Task 4 Totals 6 $960 Task 5-Preliminary and Annual Assessment Resolutions Senior Project Manager/Consultant/Project Coordinator 4 $640 Consu Ita nt/Data base Analyst/Technical Services 0 $0 Task 5 Totals 4 $640 Task 6- Implementation Senior Project Manager/Consultant/Project Coordinator 4 $640 Consu Ita nt/Data base Analyst/Technical Services 8 $1,280 Task 6 Totals 12 $1,920 Task 7-Create Final Assessment Roll Senior Project Manager/Consultant/Project Coordinator 2 $320 Consu Ita nt/Data base Analyst/Technical Services 6 $960 Task 7 Totals 8 $1,280 Task 8-Certify,Export and Transmit the Final Assessment Roll in Conformance with Uniform Method Consu Ita nt/Data base Analyst/Technical Services 4 $640 Task 8 Total 4 $640 Total Professional Fees 108 $17,280 Expenses $220 Grand Total $17,500 Government Services Group,Inc. A-4 Page 136 of 1207 PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US SCRUTINIZED COMPANIES --287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Government Services Group,Inc. I A-5 Page 137 of 1207 Appendix B CITY OF BOYNTON BEACH ADDITIONAL SERVICES Page 138 of 1207 Additional Services ON-SITE VISITS Any on-site meetings maybe arranged at our standard hourly rates provided in Appendix A.All expenses related to on-site meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. GSG's estimated fee for professional services and travel related expenses for one (1) on-site visit to the City is $1,500. MAILING OF FIRST CLASS NOTICES The City is required to use the Truth-in-Millage(TRIM)notice to provide notice of special assessments pursuant to a special act that pertained to Palm Beach County. The amendment to this special act provides that use of the TRIM notice satisfies the mailed notice requirement of section 197.3632, Florida Statutes unless the assessment is levied for the first time, the boundaries change, the purpose changes or the rate exceeds the maximum rate. Because of this amendment and based on prior discussions with the Palm Beach County Property Appraiser's office, it is recommended that the City provide additional first class mailed notice to newly affected property owners regarding the proposed fire special assessment. Should the City be required to mail first class notices to affected property owners for FY 2019-20, GSG will assist the City as follows: • Assist the City in developing the first class notice; • Merging the pertinent assessment roll information into the notices; • Print and prepare the notices to be mailed; and • Mail the notices by first class mail. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area. GSG's fee for this service is $1.40 per mailed first class notice,which includes all out-of-pocket expenses such as postage, envelopes, copy charges, etc. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. Government Services Group,Inc. I B-1 Page 139 of 1207 NO RATE INCREASE Should the City not increase the fire assessment rates for FY 2019-20, first class notices will only need to be mailed to newly affected property owners. Based on FY 2018-19 information,the amount of new parcels that would need to be noticed would be in the 100 to 250 range. GSG's fee for mailing 250 first class notices would be approximately $350. RATE INCREASE Should the City increase the fire assessment rates for FY 2019-20 above the maximum rates noticed in August 2017, the City would be required to re-notice all property owners. Based on the FY 2018-19 fire assessment roll, the City would be required to mail approximately 32,150 first class notices. GSG's fee for mailing 32,150 first class notices would be approximately $45,010. ACCEPTED AND AGREED TO APPENDIX B By: City of Boynton Beach Date Government Services Group,Inc. I B-2 Page 140 of 1207 6.D. CONSENTAGENDA 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-013- Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Local Government Surtax Capital Projects Fund (303) to decrease the appropriations by $74,447 from$12,056,607 to $11,982,160. EXPLANATION OF REQUEST: The City approved a list of projects for FY 18/19 in the Local Government Surtax Capital Projects Fund (303) when they approved the FY 18/19 budget in September 2018. There has been one amendment that adjusted projects in fund 303 in December 2018 for FY 17/18 purchase orders that rolled into FY 18/19 and for additional funding for sidewalks and street improvements. In the list of approved projects there were multiple projects approved for various improvements at Sara Sims Park, as staff began getting quotes and bids for the various projects some prices were coming in higher and some lower than the budget that was approved. Staff is recommending to consolidate all of the projects into a Sara Sims Park I mprovement Project to allow the individual projects to move forward. Also staff is recommending increasing the approved budget in fund 303 for Sara Sims Park improvement from$776,198 to $1,215,000 due to increased pricing as it relates to Electrical &security, the bathroom and pavilion structures. The adopted budget for the Local Government Surtax Capital Projects Fund (303)for both revenues and expenses has to be amended which requires City Commission approval, see Exhibit A. The Local Government Surtax Capital Projects Fund will be amended for Fund 303 from$12,056,607 to $11,982,160. Following are the items that comprise the amendment: • Sidewalks and street improvements appropriations are being decreased by $513,249 and fund balance appropriated is being reduce by the same amount. This is due to the available funds at the end of FY17/18 being less than what was anticipated. • Sara Sims Park Improvement Project appropriations being increased by $438,802 and the FY 18/19 anticipated sales tax revenues are being increased by $438,802. This is due to higher than anticipated annual collections of sales tax for FY 17/18 and is anticipated to continue for FY 18/19. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will consolidate individual projects that were initially approved for Sara Sims Park Improvements into one project titled Sara Sims Improvement and will increase the appropriation in fund 303 for the Sara Sims Park Improvements$438,802 from$776,198 to $1,215,000. Will also adjust revenue sources and appropriations for FY 18/19. FISCAL IMPACT: Non-budgeted See Exhibit"A" for summary of fiscal impact for the City's Local Government Surtax Capital Projects Fund (303). ALTERNATIVES: N/A STRATEGIC PLAN: Page 141 of 1207 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Reso Budget Amendment 2-5-19 D Exhibit Exhibit A Page 142 of 1207 I RESOLUTION R19- 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 Local Government Surtax Capital Projects Fund from $12,056,607 to $11,982,160. 21 A copy of such amendment and/or adjustment is attached hereto as Exhibit "A" and the 22 appropriations set out therein for the fiscal year beginning October 1, 2018 and ending 23 September 30, 2019, to maintain and carry on the government of the City of Boynton 24 Beach. 25 Section 3. That there is hereby appropriated revised amounts to various funds 26 (see Exhibit A)pursuant to the terms of the budget. 27 Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby 28 repealed to the extent of such conflict. 29 Section 5. This Resolution shall become effective immediately upon passage. 1 Page 143 of 1207 30 PASSED AND ADOPTED this 5th day of February, 2019. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven Grant 36 37 Vice Mayor— Christina Romelus 38 39 Commissioner—Mack McCray 40 41 Commissioner—Justin Katz 42 43 Commissioner—Aimee Kelley 44 45 46 VOTE 47 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 57 (Corporate Seal) 2 Page 144 of 1207 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2018-19 2018/19 CITY MANAGER 2018/19 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Account Number 303-0000-335-18-00 Sales Tax 4,382,000 438,802 4,820,802 303-0000-334.99-00 STATE GRANTS/VARIOUS 0 0 - 303-0000-389.91-00 NONOPERATING SOURCES/FUND BALANCE APPROP 7,613,249 (513,249) 7,100,000 Adopted Fund Total Revenues 12,056,607 (74,447) 11,982,160 303-4904-541-63-24 SIDEWALKS 850,364 0 (250,000) 600,364 303-4905-580-63-08 STREET IMPROVEMENTS 1,831,190 0 (263,249) 1,567,941 303-4218-572.63-05 SARA SIMS PARK IMPROVEMENT(See projects below) 776,198 438,802 1,215,000 Adopted Fund Total Expenses 12,056,607 (74,447) 11,982,160 Proiect Adiustments: Proiect FY18 19 CITY MANAGER FY18 19 Account Number Number Proiect Title Adopted Revenues Expenditures Amended 303-4218-572.63-05 RP1872 Sara Sims Park Irrigation&Drainage Upgrade $ 150,000 $ 150,000 303-4218-572.63-05 RP1875 Sara Sims Park Pavilion 40,000 37,198 77,198 303-4218-572.62-03 RP1874 Sara Sims Park Parking Lot ADA 7,000 (7,000) 303-4218-572.62-03 RP1875 Sara Sims Park-ADA* 30,198 (30,198) 303-4218-572.63-05 RP1871 Sara Sims Park-Park Furnishings 9,000 (9,000) 303-4218-572.63-05 RP1873 Sara Sims Fence 300,000 (300,000) 303-4218-572.63-05 RP1874 Sara Sims Park Parking Lot 40,000 (40,000) 303-4218-572.63-05 RP1876 Sara Sims Park-Resodding 200,000 (200,000) 303-4218-572.63-05 RP1820 Sara Sims Park Improvement - 549,000 549,000 303-4218-572.63-05 RP1820 Sara Sims Park Improvement - 438,802 438,802 $ 776,198 $ 438,802 $ 1,215,000 Page 145 of 1207 6.E. CONSENTAGENDA 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Accept the City of Boynton Beach FY2017/2018 Annual Grants Report. EXPLANATION OF REQUEST: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the City's previous year's grant activity. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on furthering the City's Strategic Plan, meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Annual Report serves to document citywide efforts and identify focus areas for the next fiscal year. FISCAL IMPACT: None ALTERNATIVES: Not accept the report STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 146 of 1207 ATTACHMENTS: Type Description Staff Report FY2017/2018 Annual Grants Report Page 147 of 1207 City of Boynton Beach FY201712018 Annual Grants Report Boynton Beach Grants Team January 10, 2019 Page 148 of 1207 .1r2rnw Gr=(mis Repor2 Introduction The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on furthering the Strategic Plan, meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Grants Coordinator provides the following: • Orientation for all new Grants Team members • Grant writing assistance • Grant proposal quality review • Special project funding availability analyses • Grant lifecycle monitoring • Grant management training • Serves as the Organization Administrator for grant management software • Pre-audit preparation • Special assistance to outside organizations as approved by the City Manager An Annual Grants Report is published each year, which summarizes the City's previous year's grant activity, serves to document citywide efforts and identify focus areas for the next fiscal year. Grant Team members' diligence in using the tools provided by the City is essential to communication and effective record keeping. Accordingly, the Grants Coordinator solicits comments, suggestions and recommendations regarding grants management tools and this report, which is used to increase the overall efficacy of the program. Grants Team Mission Statement: To enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. Team Structure/Protocol The Grants Team functions as a self-directed unit, operating under the auspices of the City Manager's Office. The team members conduct research, participate in training, prepare grant applications and manage grant awards. Membership consists of representatives from departments citywide, who also function as the liaison between their department and the team. The Grants Coordinator facilitates, expedites and communicates on behalf of the team. Page 149 of 1207 .1r2rnw Gr=(mis Repor2 Liaison Role on Grants Team • Conduct funding searches for department projects to identify appropriate funding sources • Assist with research, writing, and gathering information for proposal development • Continually update skills through grant training opportunities • Review proposals (upon department request) for quality • Communicate concerns regarding funding needs to the Grants Coordinator • Use the tools provided by the City for effective and efficient grant management • Follow Administrative Policy #01.02.13 Grants Management Policy & Procedures FY2017/2018 Grants Team Members City Clerk's Office — Queenester Nieves Finance - Mara Frederiksen Fire Department — Deputy Chief Clemons/Kathy Cline The Links Golf Course - Sam Reep Human Resource - Julie Oldbury ITS - John McNally Library - Craig Clark Planning - Hanna Matras Police — Officer Jaclyn Smith Public Arts - Debby Coles-Dobay Public Works/Forestry & Grounds - Glenda Hall Recreation & Parks — Stephanie Soplop Risk Management — Julie Oldbury Sustainability — Rebecca Harvey Utilities — Joe Paterniti Grants Team Coordinator/City Manager's Office - Debbie Majors Benefits of a Grants Team • Increased communication regarding grant opportunities throughout the city • City-wide consistency in grant management • More focused approach in applying for funding (using personnel/financial resources more efficiently) • Involving departments who have had little or no history in obtaining grant funding • Flow of information to City Manager and City Commission has increased, therefore increasing awareness of staff efforts and resourcefulness • The City has made new and valuable contacts throughout the state and nation enhancing our grants management operation • We have served as a role model for many other cities and counties Departmental Grant Activity FY 2017/2018 In FY2017/2018, departments submitted 14 grant requests for funding, totaling $1,906,886. Grant application review and approval at the state and federal level can take up to one year -2 - Page 150 of 1207 .1r2rnw Gr=(mis Repor2 from the date the application is submitted. During FY2017/2018, 16 grants were awarded totaling $1,766,384.50. While the City receives some entitlement and formula funding, the majority of grants applied for are competitive. Community Development Block Grant (CDBG) and State Aid to Libraries are examples of the non-competitive funding the City receives annually. These dollars are critical to continue providing basic services to our residents. The amount of State Aid to Libraries is based on local investment in the public library. Increased investment from the City's General Funds dollars has assisted the Library to receive additional state funding. Over the past four years, the Library has seen steady increases that enable them to update technology that has provided critical services to residents. In addition to applying for grants, staff actively manages multiple grant-funded projects. This includes reporting to the granting agency, managing project or program issues and preparing for the audit. Staff is to be commended for their efforts. How has all this time and money enhanced the quality of life in Boynton Beach? What does this really mean? Library State Aid Grant funds enabled the library to: • Provide 101.75 hours of public technology training, including MS Word and Excel • Multiple staff training opportunities • One year subscriptions to Learning Express Database and Florida Legal Forms Database • One year subscription to Career Online High School Platform and 10 Scholarships • Refurbish Library furniture • U-Haul Rental used to assist in the Library's move to Temp Site • Onsite shredding/ purging file for records management • Library Association memberships • Purchase new library books and DVDs Historic Preservation • The 1913 Schoolhouse Children's Museum & Learning Center soffits, fascias and flashings, and interior wood flooring needed repair. Eight wood frame doors and 57 wood frame windows needed repainting. Police • During last year's manatee season, the manatee funds potentially saved the lives of several manatees in our waterways by having officers on the water for extra hours educating and/or citing violators for speeding through the wake zones. • The VOCA grant allowed our agency to employ a victim advocate who assisted numerous victims throughout the year with various services. -3 - Page 151 of 1207 .1r2rnw Gr=(mis Repor2 • Speed & Aggressive driving and Occupant Protection enforcement operations increased, thanks to funding from two grants from the Safety Office with the Florida Department of Transportation. • The Bulletproof Vest program covered 50% of the cost for new ballistic vests for law enforcement officers. • Naloxone Kits were provided through the 2017 Florida Police Chiefs Association Naloxone Kit Grant. The emergency opioid antagonists potentially saved many lives. Recreation & Parks • The Make a Splash Program provided free swim lessons for approximately 90 children during the 2017/2018 school year. • Children ages 5 -12 years, can play together at Congress Avenue Barrier-Free Park on a new playground specifically designed for inclusion and accessibility. Grand Opening was part of the Magic Wheels & Special Deals event in February 2018. • A new ADA accessible kayak launch was installed at Harvey E. Oyer Park, enabling individuals with limited mobility to independently transfer out of a mobility device into their kayak and enjoy the Intracoastal Waterway. Grants Team Activity The Grants Team uses electronic means to manage grant funded projects, in doing so, we effectively maintain decentralized operations while enjoying the benefits of a centralized grants management system. Generally, departments will identify needs and research appropriate grants during the City budget process. On occasion, emergency funding will become available (i.e. hurricane or other disaster funding); when this occurs the Grants Coordinator will work with departments to identify appropriate projects and coordinate efforts to develop a competitive grant application. Grant funding forecasting is integral to the budget preparation process; a summary report was prepared for the FY 2018/2019 budget review team. The summary included the project title, funding source, required City match and any associated long-term operations & maintenance expenses. 201 /2019 Total Anticipated Grant Awards Award Amount 13 Grant Applications $2,291,982 Match Source Match Amount General Fund Police &Fire $494,772 -4 - Page 152 of 1207 .1r2rnw Gr=(mis Repor2 In addition to the proposed cash match, in-kind support from the General Fund totals $12,352 (Police Supervision for Victim Advocate position). Summary and Future Direction In FY2017/2018, the Grants Team utilized the Five Year Strategic Plan to conduct funding analysis to support identified goals and priorities. The team worked to secure funding to create an energetic downtown, to grow jobs and business opportunities and to provide great neighborhoods that are safe, affordable and livable. In FY2018/2019, the Grants Team will research funding opportunities to further the four new strategic initiatives that support and maintain the strategic results (objectives).They are: 1. Redevelop Downtown 2. Building Wealth in the Community 3. Boynton Beach Branding 4. Transportation and Mobility These initiatives for FY2018/2019 will focus and align work efforts, decisions and budget. We are fortunate to have a Grants Team in Boynton Beach who consistently researches grant opportunities, has the knowledge and experience to prepare competitive grant applications and is consistently provided the tools and support necessary to effectively and efficiently manage multiple grant awards. Our sincere thanks to Mayor Steven Grant, Vice Mayor Christina Romelus, Commissioner Mack McCray, Commissioner Aimee Kelley, Commissioner Justin Katz, City Manager, Lori LaVerriere and Assistant City Managers, Tim Howard and Colin Groff, for your support. Prepared by: DCA-e My no' Debbie Majors, Grants & ADA Coordinator Attachments: FY2018/2019 Proposed and FY2017/2018 Awarded Grants -5 - Page 153 of 1207 0 rn N LD N O O M M � � O O N LD r- N (O (O I- r- � O (D (D O to (O (O (O (O (O I-� O O (D (D O N N N d) O O O O W d) d) W d) W N N N N O O O O O O o O O O O O O N N N N N N N N N N N N N o o o o o o o o o o M M M M M M M M M M M M - W W a) a) O O O O O O O o o O N - N N N N N N N N N N t O O O O N N O O 0 LD L(7 a m m N m 0) U U U U v o F F F (J (J U = a �2 �2 �2 o W W W a c a c W wo o o m m m a) a) a) a) ° ° o a p u) m m m Q Q m o a a a a a _ o o u) iLL i ii ii ii LL a) a) a w w U U a ii O O o (o o o o o o o o o o o O o (1) Ln o o o o o o o o o o I- (D N O O O O O O O Cl) N (O O (O M O O O to to O O N M I- N O O O O r- r- to I� to O co to O to N M N Cl) Cl) (O N N N (O (O C C O O C C Cl) to N O O o r � Y O o o o ON N X X X O N N .�. 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CONSENTAGENDA 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of December 2018. 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 December 2018: 190553 Runbrook LLC $17,960.00 190554 Gentile Glas Holloway O'Mahone $19,393.12 190569 Allied Aluminum& Railing, Inc. $10,120.00 190570 Panther Utilities, Inc. $38,130.00 190571 Panther Utilities, Inc. $36,261.00 190577 Avirom&Associates, I nc. $26,550.00 190586 Anzco, Inc. $38,925.00 190587 Dell Marketing LP $24,539.20 190592 Step CG, LLC $13,676.92 190593 Dell Marketing LP $12,278.24 190599 The Mellgren Planning Group, Inc. $14,000.00 190617 Marquez Brothers, Inc. $15,750.00 190620 Kimley Horn &Assoiates, Inc. $13,200.00 190621 Crown Castle USA, Inc. $10,540.00 190625 Eventmakers Int'I, LLC $15,347.70 190627 Johnson Controls Security Solutions $18,362.53 190630 A-1 Air Solutions, LLC $17,800.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these Page 158 of 1207 purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment D Attachment Attachment Page 159 of 1207 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER$10,000 FOR DECEMBER 2018 - 1 VendPurchase Amount: $17,960.00 or: Runbrook, LLC Requesting Department: Utilities Contact Person: Rebecca Harvey Date: 12/10/18 Brief Description of Purchase: Pursue Certification Level of"One Globe"for the City of Boynton Beach Green Globes Green Building Certification for(2) projects-Town Square City Hall/Library and the Police department. Source for Purchase: Three Written Quotes Fund Source: 401-2821-536-49-17 TS2045-$8,980.00 TS3301 -$8,980.00 2 Vendor: Gentile Glas Holloway O'Mahone Purchase Amount: $19,393.12 Requesting Department: Public Works Contact Person: Paola Mendoza Date: 12/10/18 Brief Description of Purchase: Design of the irrigation system for the park&a conceptual design for increased parking spaces at Ezell Hester Park. Task Order#UT-1 E-01 Source for Purchase: RFQ 046-2821-17/TP Fund Source: 303-4209-572-63-15 RP1819 3 Vendor: Allied Aluminum &Railing, Inc. Purchase Amount: $10,120.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 12/13/18 Brief Description of Purchase: Install gate operator for Temp PD sally port. Source for Purchase: Three Written Quotes Fund Source: 001-2111-521-64-02 4 Vendor: Panther Utilities, Inc. Purchase Amount: $38,130.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Date: 12/13/18 Brief Description of Purchase: Plumbing for Sara Sims. Source for Purchase: Three Written Quotes Fund Source: 302-4218-572-63-05 RP1820 5 Vendor: Panther Utilities, Inc. Purchase Amount: $36,261.00 Page 1 Page 160 of 1207 Requesting Department: Public Works Contact Person: Gary Dunmyer Date: 12/13/18 Brief Description of Purchase: Water&Sewer for Sara Sims. Source for Purchase: Three Written Quotes Fund Source: 302-4218-572-63-05 RP1820 6 Vendor: Avirom &Associates, Inc. Purchase Amount: $26,550.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Date: 12/13/18 Brief Description of Purchase: Land Surveying for Sara Sims Construction. Task Order#U-B-03 Source for Purchase: Bid#067-2821-16/Tp Fund Source: 302-4218-572-63-05 RP1820 7 Vendor: Anzco, Inc. Purchase Amount: $38,925.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 12/17/18 Brief Description of Purchase: 1913 Museum soffit,fascia,flashings repair, paint&repair exterior walls,windows, pressure wash exterior, repair interior floor. Task Order F-09-2019 Source for Purchase: RFQ#018-2821-18/IT Fund Source: 302-4107-573-62-01 GG1804 8 Vendor: Dell Marketing LP Purchase Amount: $24,539.20 Requesting Department: Police Contact Person: Captain Zeller Date: 12/17/18 Brief Description of Purchase: Purchase of computer service that is needed for our CAD& RMS purchases through CIP. The new server will run the new software&allow the police department to grow in the future. This configuration has been recommended by the CAD/RMS vendor&is consistent with industry best practices. In addition,this server will be maintained by Motorola which will create continuity between programs&accountability if any issues arise with service. Source for Purchase: Piggyback State Contract Fund Source: 302-4119-580-64-15 #43211500-WSCA-15-ACS IT1701 9 Vendor: Step CG, LLC Purchase Amount: $13,676.92 Requesting Department: ITS Contact Person: John McNally Date: 12/18/18 Brief Description of Purchase: The ITS department purchases annual equipment maintenance for our Extreme Network equipment. This equipment maintenance included software&hardware support. This software support allows the City to download the latest firmware for the network equipment and to call for technical support when needed. The hardware support that is carried on most of our Extreme Networks switches, and wireless access points allows for the advanced replacement of equipment that has failed to be delivered the next business day.There are four key core network switches that we carry 4 Page 2 Page 161 of 1207 Hr hardware support. Step CG was the lowest of three quotes. Source for Purchase: Three Written Quotes Fund Source: 001-1510-513-46-22-$10,333.66 _ 401-2821-536-49-17-$3,343.26 10 Vendor: Dell Marketing LP Purchase Amount: $12,278.24 Requesting Department: ITS Contact Person: John McNally Date: 12/18/18 Brief Description of Purchase: The Utilities department has developed a list of computers that need to be replaced because they have reached end-of- life. These new computers will replace the computers that have been deemed at end-of-life and the old computers will be disposed of as surplus. Source for Purchase: Piggyback State Contract Fund Source: 401-2821-536-52-20-$8,552.96 #43211500-WSCA-15-ACS 401-2821-536-64-15-$3,725.28 11 Vendor: The Mellgren Planning Group Purchase Amount: $14,000.00 Requesting Department: Development Contact Person: Patsy Grissom Date: 12/20/18 Brief Description of Purchase: Phase I of Community Standards Ordinance rewrite, per Resolution R18-104. Source for Purchase: RFQ#049-2410-17?IT Fund Source: 001-2414-515-49-17 12 Vendor: Marquez Brothers, Inc. Purchase Amount: $15,750.00 Requesting Department: Public Works Contact Person: Bill Darty Date: 12/27/18 Brief Description of Purchase: Dump Body replacement for 2016 Peterbuilt dump truck#1661. The current dump body is aluminum&we cannot keep it square so the rear doors open&close properly. We have had this truck repaired several times and the repairs do not last,we are requesting to have this aluminum body replaced with a steel body as on all the City's other dump trucks. Source for Purchase: Three Written Quotes Fund Source: 501-2516-519-46-31 13 Vendor: Kimley Horn &Associates, Inc. Purchase Amount: $13,200.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Date: 12/27/18 Brief Description of Purchase: Professional consulting services for Seacrest Blvd&Ocean Avenue,task order#UT-1 D-01 to evaluate the feasibility of converting the intersection from a two-way stop to a roundabout control. Source for Purchase: RFQ 046-2821-17/TP Fund Source: 001-2413-524-31-90 Page 3 Page 162 of 1207 14 Vendor: Crown Castle USA, Inc. Purchase Amount: $10,540.00 Requesting Department: Utilities Contact Person: Waneya Bryant Date: 12/27/18 Brief Description of Purchase: M400 Network Communication project-Electrical work needed to run the base station/antenna for the AMI system. Originally,we are connecting to old electric used by a previous customer. However, it was discovered that the line was not connected&new electric needs to be run from the main transformer to the site. Source for Purchase: Three Written Quotes Fund Source: 403-5000-533-65-02 WTR138 15 Vendor: Eventmakers Intl, LLC Purchase Amount: $15,347.70 Requesting Department: Public Art Contact Person: Debby Coles-Dobay Date: 12/27/18 Brief Description of Purchase: Service to rent, install&removal of a 40'x 60'exhibition tent for the February 1-3, 2019 International Kinetic Art Exhibit& Symposium. The event purpose is to increase the City of Boynton Beach's awareness as a vibrant&attractive City in the South Florida region though exhibiting unique one-of-a-kind kinetic artworks. Source for Purchase: Three Written Quotes Fund Source: 151-2611-579-49-17 SE1910 16 Vendor: Johnson Controls Security Solutions Purchase Amount: $18,362.53 Requesting Department: Recreation Contact Person: Wally Majors Date: 12/28/18 Brief Description of Purchase: Purchase, installation, programming &testing of security cameras at Carolyn Sims Center. Source for Purchase: Piggyback Sourcewell Fund Source: 001-2710-572-49-17 Contract#031517-TIS 17 Vendor: A-1 Air Solutions, LLC Purchase Amount: $17,800.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 12/31/18 Brief Description of Purchase: Replace existing RTU-2 unit on roof at temporary PD location. Source for Purchase: Three Written Quotes Fund Source: 303-4101-580-64-18 GG 1004 Page 4 Page 163 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. ##: 190553 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/10/18 VENDOR 16169 SHIP TO: TO: RUNBROOK, LLC City of Boynton Beach 777 S. FLAGLER DRIVE EAST UTILITY ADMIN SUITE 800, W. TOWER 124 E. WOOLBRIGHT ROAD WEST PALM BEACH, FL 33401 BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: • DATE NEEDED: BID NO: COMMISSION APPROVED: • LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOENDED ST 1 8980.00 DL PLAN REVIEW, PROJECT 1.0000 8980.00 COORDINATION, ONLINE SURVEY, RESPOND TO REVIEW COMMENTS AND CONTRA 0 * BRIEFING.. CITY HALL LIBRARY PR()JEC24 TS330.I 2 8980.00 DL PLAN REVIEW, PROJECT 1.0000 8980.00 COOI233INAT'ION,' ONS THE SURVEY, RE PC ND 'TO REVIEW COMMENTS, CONTRACTOR-BRIEFING POLICE DEPARTMENT".= T5;2445 REI+2ARKS CONSULTING SERVICES _ TASK I'O: PURSUE .. ..: CERTIFZCATION FOR GREEN GLOBES.BLDG. PROCUREMENT SERVICES: yy r' "�� P.O. TOTAL: 17960.00 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 164 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 33()1 Quantum Blvd. uitO 101 DP.O. #r 1.90553 P.Om O 310 ATE: 12/10/18 YNT SACH, FLORIDA 33425-031() VENDOR 16169 SHIP TO City of Boynton Beach TO: RUN-BROOK, LLC EAST UTILITY ADMIN '777 S. F O7� R DRIVE 124 E. WOOL RIGHT ROAD SUITE 8 0 0, W. TOWER FSO�NTe3N EEACT�, F 33435 GEST RAM BEACH, FL 33401 REQUISITION NO. ORDERING DEPARTMENT: COMMISSION APPROVED: l RID C: — L9LaTE NEEDED: EKTEI4IDEI? — — — — IT COST COST LINEQUANTITY CUOM ITEM NO. D DESCRIPTION ** *FORMATION ®l�I, * *NOTA SEND*THIS*PAGE*To THE*'V'ENDOR* * ACCO TINS I3FO — gOJECT®_®_----Q--T —__--- DATE_ RE RE fFCCT 5950.00 D~ — m.� _.___®_®d_---__—___ __— 153301 -----® I �ENCERNO T . 000a07256 11/151 Tao 8980.00 4012$215364917 TJ1IT� Et7O E��T T 000007256a 11/ sl 40128215364917 -------------- NT EERVICESa � $ Dll p.o.TOTAL: CTTC . PROJECT PURCHASING Page 165 of 1207 � I 1 1 co OD 1 1 1 \ \ fl N , H H a l I E p p p 2�i I I H H 1 1 i Op p p W o i m m T A i i U U7-1-�PSx � z1 w m ami C• 1 z 1 OgH w A i i Z E En 1 1 010%.0 H Q H E IZW U1 M Oo Oo GH. A� Oo 0 0 wo o I p aH U , O m `� o w00 m co m rn E ww m 14ril 4 a E H � tn U d COO I ct b a O + OD a H rn 1 O o Z O O o I O Ho Lr) H wO i a O E O . . . H rl N O U ' H H 00 H odo n is E- r- x0 H Mind H 41 a p a I H rMH 14 Iti O H �+ I H '.7 .--I Ln lfi i H :l m H a o H p m PS 1 m 0.i IPG id N W O U H x I[1.0 H H � O I Q li W 'I z rd z W z w p 1 Ca z W CCn U W W a O O m ?+ I o p H Q+H H U E-1 I o Q U) g E H ' m 1 m U I 11 Ex"1 I m O1 W E H p I 00 co I a O 1 WCl P4 W Z H m Wz V W a O H F O z Ch z m I F W C7 i V O bH m 0 I rS� PD H 1 U H z aC< V H mW i g > rHH A w Cl)W, m wO Wa w w 1 H U H I Fl U' C7aarj Ur 91 I zQ OE I rA U�UE a H O r)Ln , Por�Hv -n r) m M z[do wc>♦W� HaH rD a F' H 1 HW vim Ow �zvNim � PaSEZ�2 W3aH I E. HU u i ]UOU 0 7- 4 H VW OU Z�W H W 1 HOU EH CJ -H� 0.'i W,I Ix R: w 1 A r)P4 Qviva� I wwww am�a Z H IxHWW OvtH-1w OW 'gym oWOmc7 FEx-I00 H a un:n Cuz , 0000 paL-1 P �� avz 1 w L i Ha aHa HO�H� U 1HW VU ' aW aaUW r r oa,�Cv aW h3H�Z H wH OO p4 , 14 mH OWzmH m m m = NWO tD W wz a�oz wyZoz ; H w-Za I o anew aH�vw , m p1 w pozw H 1 Ln Ln 1 '04H Uu''O� m O z zm `y q woaa>+A ; zN N O1-4 d , FIR: aE0 HHW�H m m WZWan� CJ H I > C7 H WLl �l ON N H 1 Uri H z OHWZM H i1 aWCHs. 0 aOUzU i un - E'��k H a V I 79WD+ W 7�WHM p W Dzw FG HHOP mao1 H OHOIY+ w I a aHUm auWaa,vm sk wmOO p A , 0.tm(AU 1 H aH I W N � WHZW x H H 04 N aw wwo � xo az a avHHz Page 166 of 1207 R CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 $ a. Date: 19-Nov-18 Requesting Department: Utilities Engineering Contact Person: Rebecca Harvey, Sustainabil Explanation for Purchase: Runbrook. LLC will pursue the Certification Level of"One Globe"for the City of Boynton Beach Green Globes Green Building Certification for(2) Projects - Town Square- City of Boynton Beach City Hall/Library and the City of Boynton Beach Police Department. Not to Exceed I.Recomme Vendor 16169 RunBrook, LLC Dollar Amount of Purchase $17,960.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2821-536-49-17 Project#TS3301 (City Hall/Library) $8,980.00 401-2821-536-49-17 Project#TS2045 (Police Department) $8,980.00 Approvals: Department Head Date Purchasing Age t 1 ' , . AA Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 167 of 1207 The City of Boynton Beach Utilldes Department 124E.Woolbright Road Boynton Beach,Florida 33435 Phone(561)742-6400 FAX.(561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Consulting Services Task to Pursue Certification Level of"one globe". City of Boynton Beach Green Globes Green Building Certification for Town Square Project VENDOR#1: RunBrook, LLC DATE: 11/14/2018 CONTACT PERSON: Mathew Zirkelbach PHONE NUMBER: 561-676-3375 QUOTE: $17,960.00($8,980.00) ($8,980.00 VENDOR#2: The Spinnaker Group DATE: 12/5/2018 CONTACT PERSON: Jonathan Burgess PHONE NUMBER: 401-465-8250 QUOTE: $51,740.00 ($29,116.00)($22,624.00) VENDOR#3: Two Trails, Inc. DATE: CONTACT PERSON: Drew Smith PHONE NUMBER: 941-776-8680 QUOTE: $53,154.00 ($29,800.00) ($23,354.00) ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 168 of 1207 QUEST FOR REQUISITION H.T.E.ENTRY DATE: 11/15/2018 H.T.E.REQUISITION# 72568 Contract Coordinator: Tp Director: - City Manager(non budg te�& � � _ ca ital and/or$5000+y: Consulting Services Task to Pursue Certification Level of"one globe".City of Boynton Beach Green Globes Green Building Certification for two(2)Projects known as Town Square Boynton Beach City Hall/Library 100 E Boynton Beach Blvd and the Boynton Beach Police Department at 2082 High Ridge Road. Not to Exceed VENDOR INFORMATION: DIVISION: OTHER INFORMATION: NN_ _. —.. ame RunBrook,LLC Admin. - — ❑ Date: 11-15-2018 ASAP ❑ Address: 777 South Flagler Drive Engineering g g ® Date Needed: Confirm ❑ Suite 800-West Tower Cust.Rel. ❑ ! ASAP/Conf. ❑ West Palm Beach,FL 33401 Distribution ❑ BACKUP DOCS. DELIVERY: Matthew Zirkelbach,President SUBMITTED: Contact: _ 4"t"' attr4 runbrook.com ❑ Quotes/Verbal L6K- 75 � �� (over$5 ❑ E.Admin 40 Phone: ._pumping ❑ Quotes/Wn—n.� _(over $2000) E.WTP 41 ❑ .. PWMaint. ❑ Bid Docs. W.WTP 42Vendor No.: -^ - — _.� PWOps. ❑ Sole Source Ltr. ❑ P/U 99 ❑ INITIATOR:Rebecca Harvey,SustainabilityInsurance Coordinator i` Sewage ❑ ❑ Special Instructions. Requirements: Pro'ect#'s-Town S uare APPROVE / Strmwtr. ❑ TS3301 �r _ TS2045 Quan. Unit Price Description&Part Number ; Fund Debt Basic Elem Ob' � _Amount City Hall/Library 1 $8,980.00 100 E.Boynton Beach Blvd 401 2821 536 49 17 $ 8,980.00 Project#TS3301 Police Department 1 $8,980.00 2082 High Ridge Road 401 2821 536 49 17 Pro'ect#TS2045 $ 8,980.00 Plan Review, Project Coordination, Online Survey, Respond to Review Comments, Contractor Briefing TOTAL 401 2821 53649 17 $ 17,960.00 Page 169 of 1207 RunBrook Work Order: Green Globes Consulting This Work Order(this"Order"),dated as of November 14 2018(the"Order Effective Date")is entered into by and between RunBrook,LLC("RUNBROOK")and the City of Boynton Beach("CITY")pursuant to and incorporating by reference the terms and conditions attached as Exhibit A to this Order(the "T&C's"). Capitalized terms used in this Order and not otherwise defined in this Order shall have the meaning set forth in the T&C's. I. Term of Order: The term of this Order will begin on the Order Effective Date and continue until terminated pursuant to its terms.Either party may terminate this Order at any time by providing thirty(30)days'prior,written notice. II. Background The City of Boynton Beach is pursuing Green Globes certification for two projects: Boynton Beach City Hall/Library at 100 E. Boynton Beach Boulevard and Boynton Beach Police Department at 2082 High Ridge Road.The client wishes to secure the Green Globes green building certification for both projects at the certification level of"one globe". III. Description of Services A. Design 1. RUNBROOK:Plan Review RUNBROOK will review the most recent set of plans and energy calculations for both projects to determine if existing plans and models meet Green Globes requirements.If RUNBROOK determines that additional plans or models are required,RUNBROOK can provide a proposal under separate cover. 2. RUNBROOK:Project Coordination RUNBROOK will coordinate with the design team to gain a complete understanding of the projects and complete other tasks as needed. 3. RUNBROOK:Online Survey Based on a review of existing plans,RunBrook will complete the online survey as required by Green Globes.A receipt of survey completion will be provided to the client for each properly(Boynton Beach City Hall/Library) and the(Boynton Beach Police Department). 4. GREEN GLOBES:Third-Party Design Review Green Globes will review RunBrook's survey response and issue review comments and requests for supporting information.Upon completion of the online survey,the Green Building Initiative(GBI)will assign the project to a Green Globes Assessor.The Green Globes Assessor will request documentation to preliminarily verify answers provided to survey questions.Examples of documentation include,but are not limited to,providing storm water management plans, plumbing specifications, energy calculations, and other information needed, mechanical specifications,insulation values,and other information needed to verify that survey answers are credible. 5. RUNBROOK:Respond to Review Comments and Update Online Survey RunBrook will maintain close coordination with the Green Globes Assessor to provide documentation needed to satisfy information requests.At the conclusion of this process,the Green Globes Assessor will submit a design report that provides a preliminary project rating and recommendations for the project.The preliminary rating is non-binding. Green building measures targeted for certification and associated points will not be awarded until they are verified in the field. 6. RUNBROOK:Contractor Briefing RunBrook will coordinate with the General Contractor prior to or shortly after construction to verbally communicate the green building requirements and ensure that the General Contractor and sub-contractors are aware of the owner's certification goals, their respective responsibilities with respect to how green building measures will impact their work,the third-party onsite assessment,and to answer any questions that arise. Page 1 of 4 Page 170 of 1207 unBrook Work Order: Green Globes Consulting IV.Fees RUNBROOK offers the following hourly rates for the scope of work listed above on a time and material, not-to-exceed the total combined budget of$17,960.00. City Hall Library 100 E Boynton Beach,Blvd Tasks Lauren Thead MattZirkelbach Total Hours by Task $115.00 $150.00 Plan Review 10 5 15 Project Coordination 15 5 20 Online Survey 15 4 19 Respond to Review Comments 10 4 14 Contractor Briefing 2 2 4 Total Hours Per Team Member 52 20 72 Total Cost Per Team Memberl $5,980.00 $3,000.00 Total Cost $8,980.00 i Police Department 2082 High Ridge Road Tasks _ - y ..Lauren Thead Matt Zirkelbach Total Hours b Task $115.00 $150.00 Plan Review 10 5 15 Project Coordination 15 5 20 Online Survey 15 4 19 Respond to Review Comments 10 4 14 Contractor Briefing 2 2 4 Total Hours Per Team Member 52 20 72 Total Cost Per Team Memberl $5,980.00 $3,000.00 Total Cost 1 $8,980.00 V. Green Building Certification Disclaimer The CITY acknowledges that all services pertaining to submission for Green Globes certification shall be based upon RUNBROOK'S professional judgment concerning currently available guidelines.CITY acknowledges that those guidelines are in a continual process of refinement and subject to multiple interpretations by the various individuals and entities whom determine Green Globes certification; and the specific determination of any credit or certification sought cannot fully be forecast and is not guaranteed. RUNBROOK accordingly makes no representations or warranties regarding any specific outcome with respect to Green Globes certification. Moreover, the CITY acknowledges that CITY is solely responsible for implementing RUNBROOKs and or Green Globes recommendations,and that implementation of such recommendations and CITY's budget considerations greatly affect attainability of suitability of Green Globes certification. The CITY further acknowledges that such implementation and budget considerations can result in a Project either failing to Green Globes certification or attaining a lesser level or verification level.Subject to the foregoing, RUNBROOK will use reasonable efforts to assist CITY in obtaining desired level of Green Globes certification and RUNBROOK will inform CITY in a timely manner if in RUNBROOK'S professional judgment,CITY'S failure to implement recommendations, budget,or other decisions are likely to prevent Green Globes certification from being obtained. VI.Opinions of Probable Construction Cost Page 2 of 4 Page 171 of 1207 RunBrook Work Order: Green Globes Consulting RUNBROOK makes no estimates and provides no opinions, verbal or written, regarding construction cost. The CITY understands that RUNBROOK has no control over the cost or availability of labor, equipment or materials, or over market conditions or the CITY'S Contractor's method of pricing. VII. Authorization to Proceed The parties have executed this Order as of the Order Effective Date. RUNBROOK �Fr Print Name: _ Print Name: Matthew Zirkelbach Title: Effective Date: Title: President Exhibit A-Terms and Conditions 1. services. RUNBROOK will provide Services to CITY pursuant to this Order.The term"Services"means all services described in this Order. Page 3 of 4 Page 172 of 1207 RunBrook Work Order: Green Globes Consulting 2, Ownership. As between RUNBROOK and CITY, any and all items 6. Force Majeure. Each party will be excused from performance of its identified as Work Product in this Order(the"Work Product")will be the obligations to the extent that such party is prevented from performing,its sole and exclusive property of CITY. RUNBROOK retains ownership of its obligations under this Agreement,as a result of acts of God,governmental underlying technology and intellectual property and methods used to authority,war,civil disturbance,court order,labor dispute or any other provide Services and create Work Product. cause beyond its reasonable control(each,a"Force MaeLure Event"). _ 3. CITY Info. CITY hereby grants to RUNBROOK a worldwide, royalty- 7. WARRANTIES AND LIMITATION ON LIABILITY. EXCEPT AS free,limited license to use:(a)any and all information provided by CITY to EXPRESSLY SET FORTH IN THIS ORDER, RUNBROOK MAKES NO RUNBROOK solely for the purpose of fulfilling RUNBROOK's obligations REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING SERVICES, contained within this Order; and (b) CITY's name and logo within AND SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, RUNBROOK's website and marketing materials,solely for the purpose of INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A disclosing CITY as RUNBROOK's client,in a manner acceptable to CITY. PARTICULAR PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING 4. Termination.Either party may terminate this Order:(I)by providing ANYTHING IN THIS ORDER OR ELSEWHERE TO THE CONTRARY,UNDER NO the other party with written notice if such other party breaches any CIRCUMSTANCES WILL EITHER PARTY'S TOTAL LIABILITY OF ANY KIND material provision of the Order that is not subject to cure or that is not ARISING OUT OF OR RELATED TO THIS ORDER OR SERVICES EXCEED THE cured within thirty(30)days of receipt of written notice;or(11)pursuant AMOUNTS ACTUALLY PAID BY CITY FOR THE PARTICULAR SERVICE GIVING to other termination provisions set forth in this Order.All provisions of RISE TO A CLAIM IN THE THREE (3) MONTH PERIOD IMMEDIATELY this Order that should reasonably survive termination will survive. PRECEDING THE EVENT GIVING RISE TO THE CLAIM,REGARDLESS OF THE 5. Confidentiality. For purposes of this Agreement, the term FORUM AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE "Confidential Information"means any and all confidential or proprietary POSSIBILITY OF SUCH A LOSS AND/OR DAMAGE. IN NO EVENT WILL A information of the Disclosing Party,whether oral or written. "Disclosing PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, Party" means the party disclosing the Confidential Information. CONSEQUENTIAL AND/OR CONTINGENT LOSSES AND/OR DAMAGES OR "Receiving Pa "means the party receiving the Confidential Information. ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH ANY "Confidential information" will not include any information that as LOSS OF REVENUES,PROFITS,CONTRACTS OR BUSINESS OR FAILURE TO evidenced by a written document:(I)was in the public domain at the time REALIZE ANTICIPATED SAVINGS OR ANY LOSS OF GOODWILL OR of disclosure; (ii) became publicly available after disclosure to the REPUTATION. Receiving Party without breach of this Agreement; (111) was lawfully 8. Governing Law, Jurisdiction and Venue. This Order and all received by the Receiving Party from a third party without restriction;(iv) transactions contemplated by this Order will be governed by, and was known to the Receiving Party, its employees or agents prior to its construed and enforced in accordance with, the laws of the State of receipt from the Disclosing Party,as evidenced by the written records of Florida. Any civil action or legal proceeding arising out of or relating to the Receiving Party;or(v)was independently developed by the Receiving this Order will be brought in the courts of record of the State of Florida in Party without use or reference to the Confidential Information and Palm Beach County or the United States District Court,Southern District without breach of this Agreement. If Confidential Information is required of Florida. Each party consents to the jurisdiction of such court in any such to be disclosed by the Receiving Party pursuant to judicial order or other civil action or legal proceeding and waives any objection to the laying of compulsion of law,the Receiving Party will provide to the Disclosing Party venue of any such civil action or legal proceeding in such court. prompt notice of such order,cooperate with the Disclosing Party,at the 9. Miscellaneous. RUNBROOK's relationship to CITY is that of an Disclosing Party's expense, to maintain the confidentiality of such independent contractor.Neither party will assign this Order without the information,and comply with any protective order imposed on disclosure prior written consent of the other party;provided that either party may of such information.The Receiving Party will:(I)hold the Disclosing Party's assign its rights or obligations under this order without consent,to a third Confidential Information in strict confidence;(h)take all steps necessary party acquiring all or substantially all of a party's stock or assets. The or appropriate to protect the confidentiality of the Confidential provisions of this Order may not be amended,supplemented,waived or Information and to assure compliance with this Agreement by its officers, changed orally, but only by a writing signed by both parties. This Order directors, employees, contractors, agents and representatives; (III) use and each authorized change order to an Order represent the entire such Confidential information for the sole purpose of performing understanding and agreement between the parties with respect to the pursuant to this Agreement; (iv) restrict disclosure of such Confidential subject matter hereof, and supersede all other negotiations, Information to those of its officers, directors, employees, professional understandings and representations(if any)made by and between such advisors, contractors, agents and representatives with a need to know parties. If any provision of this Order is found by any court or such information for the sole purpose of performing pursuant to this administrative body of competent jurisdiction to be invalid or Agreement("Permitted Disclosees.);and(v)not modify,reverse engineer, unenforceable,such invalidity or unenforceability will not affect the other decompile,create other works from,or disassemble any such Confidential provisions of this Order, which will remain in full force and effect.This Information. Each party will be responsible for any breach of this Order may be executed in any number of counterparts and by the parties Agreement arising from any act or omission of its Permitted Disclosees. to it on separate counterparts,each of which will be an original,but all of Upon termination of the Term, if the Disclosing Party requests it, the which together will constitute one and the same instrument.This Order is Receiving Party will,at its option,either return to the Disclosing Party or not effective until each party has executed at least one counterpart certify destruction of, any and all copies of the Disclosing Party's Confidential Information in the possession of the Receiving Party, its employees or agents. Page 4 of 4 Page 173 of 1207 h THE GROUP 1409 GEORGIA AVENUE WEST PALM BEACH,FL 33401 THE:"�t �, i;,'t _ ;GROUP 401-465-8250 www,th espin nckergroupinc.co m A�pv ilt; 112+4{f'2 t1 S, - t 1 Proposed Project Boyntoni Library Proposed To City f Boynton Beach December 5, 2018 f+ t 4tk;, t Our Passion. Our Focus. Our Only Business. Green Buildings. LEER+Sustainability Consulting • EuRding Commissioning - Energy Modeling ASNRpE i aC Page 174 of 1207 THESPINNAKERGROUP THESPINNAKFEGROUP GREEN GLOBES CONSULTING PROPOSAL Proect Understandi Project Information:Boynton Beach City Hall/Library Street Address: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 Building Type:Office HVAC Type:Chilled water Gross Floor Area: 110,000 Stories:4 Underground Parking? No Projected Construction Cost:$245/Sq.Ft. Building Description:City Services,Operations,Administration, Library Services, and a small amount of leased space Scope of Services 1. Plan Review SPINNAKER GROUP will review the most recent set of plans and energy calculations for both projects to determine if existing plans and models meet Green Globes requirements. If SPINNAKER GROUP determines that additional plans or models are required,SPINNAKER GROUP shall provide a proposal under separate cover. 2. Project Coordination SPINNAKER GROUP will coordinate with the design team to gain a complete understanding of the project and complete other tasks as needed. 3. Online Survey —=- - - --Based on a review of existing plans,SPINNAKER GROUP will complete the online survey as required by Green Globes.A receipt of survey completion will be provided to the client for each property. 4. GREEN GLOBES:Third-Party Design Review The Green Building Initiative (GBI)will review SPINNAKER GROUP's survey response and issue review comments and requests for supporting information. Upon completion of the online survey,the GBI will assign the project to a Green Globes Assessor.The Green Globes Assessor will request documentation to preliminarily verify answers provided to survey questions. Examples of documentation include, but are not limited to, providing stormwater management plans,plumbing specifications,energy calculations,and other information needed, mechanical specifications, insulation values,and other information needed to verify that survey answers are credible. Building Commissioning Energy Modeling LEEd+Sustainability Consulting 2 1 Page Page 175 of 1207 t TN ES PI N NAKE RG RO U P rr+Ess*asuR€:oRouP 5. Respond to Review Comments and Update Online Survey SPINNAKER GROUP will maintain close coordination with the Green Globes Assessor to provide documentation needed to satisfy information requests.At the conclusion of this process,the Green Globes Assessor will submit a design report that provides a preliminary project rating and recommendations for the project.The preliminary rating is non-binding.Green building measures targeted for certification and associated points will not be awarded until they are verified in the field. 6. Contractor Briefing SPINNAKER GROUP will coordinate with the General Contractor prior to or shortly after construction to verbally communicate the green building requirements and ensure that the General Contractor and sub-contractors are aware of the owner's certification goals,their respective responsibilities with respect to how green building measures will impact their work,the third-party onsite assessment,and to answer any questions that arise. 7.Meetings • Design-Up to three(3)in person Green Globes coordination and design review meetings.All other design meetings are assumed to be Web based video conferencing. -- _— • _Construction–Up to 4 site visits to include meeting with the GC and subs to ensure compliance with Green Globes requirements. FEE The cost for the above services is: Green Globes Consulting $29,116.00 BILLING -Billing monthly on a percent of completion basis. -Payment terms-net 30 days. Retainer A retainer in the amount of 10%is due prior to the commencement of work Costs not included within this proposal: • Expenses and fees related to Green Globes registration and certification. o Green Globes certification fees o Registration fees o Appeal Fees(if Required) Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 3g d P e I Page 176 of 1207 'not V6 I � ;, N 5".-Stainable 8"i/ding Cons"/tants EXHIBIT"B" BASIS FOR COMPENSATION STATEMENT For the Services provided by Consultant under this Agreement, the Client will remit compensation as follows: 1) Green Globes—Consultation and Certification services: This agreement will apply to City of Boynton Beach. Project shall be billed at a rate per unit billed 33.3% upon assignment to Two Trails, Inc., 33.3% upon submittal of initial documentation package to Green Globes for review and 33.3% upon final inspection. 1. Green Globes project administration (Two Trails)......................,...........$29,800.00 Initial Two Trails, Inc. Green Globes ro'ect administration _ $29,800 Total Certification Cost $29,800 Complete Review and Certification Process PHASE 1 — GREEN GLOBES Design / Pre-Construction Review Task 1: GREEN GLOBES Points Review from Client Building Plans & Specifications; Task 2 : Participate in pre-construction coordination meeting with Project design team by telephone or video conference(up to 10 hours); Task 3: Provide a written summary of design changes and/or construction practice changes required to meet the GREEN GLOBES minimum point threshold. Phase 2 Deliverables: Preliminary GREEN GLOBES Checklist with written summary of recommended design changes and/or construction practice changes. PHASE 2 - Final GREEN GLOBES Verification (2nd Inspection) Task 1: Perform Building Data Verification inspections for each building. Includes inspection for conformance with the requirements set forth by GREEN GLOBES verification protocol. Deliverable: Verbal identification during inspection of defects needing correction,with written notes/photos by e-mail to follow. PHASE 3— GREEN GLOBES Certification gees®aBrtable Besll6dng Cort3vHonds FAX JFK-Asfs x' Page 177 of 1207 Sustainab/a Sui/d®ng Cansultants Task 1: Assemble all final submittal package documents required for GREEN GLOBES certification. Task 2: Schedule,facilitate and attend on site walk thru with Green Globes Assessor Deliverable: GREEN GLOBES certification (assuming the project meets all the design and construction requirements necessary for certification, including requirements that are beyond the control on the Consultant). Two Trails, Inc. is a Third Party certifying agency, as such we provide inspections, clarification of standards per authenticating agency. If the builder or homeowner does not comply with checklist specifications and inspection process or does not provide agreed upon documentation or does not provide clarification documentation to Two Trails Inc. in a timely manner, a certification may not be obtained. Certain clerical time is included in the fixed fee portions of this contract. Reasonable additional clerical time will not be charged. Compensation will be billed and payable semi-monthly. Terms are net 15 days upon receipt of invoice. An interest charge of 1% per month will be applied toward all Fees and Expenses outstanding beyond 30 days. Sune®!n®bv�ryBug/fCAnypxCpo�nsu(�CJerypiy} 9-2'�=E'�U.S HUA V-361'fa9Fd4 . ��: f'��./c��F.�sz' FL��E�''£�€-w.��t`-max-&Goa,G`p5�.:,Y:�eoZ''��'�' 'a 'eAAII-V G r r"AI'm K'.zql i Page 178 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Q P O. BOX Blvd. Suite101 P,O. #: 190554 BOYNTON BEACH, FLORIDA 33425-031Q DATE: 12/10/18 VENDOR 6995 SHIP TO: TO: GENTILE GLA$ HOLLOWAY O'MAHONE City of Boynton Beach ASSOCIATES, INC. PUBLIC WORKS DEPARTMENT 1907 COMMERCE LANE STE 101 222 N.E. 9TH AVENUE JUPITER, FL 33458 BOYNTON BEACH, FL 33435 REQUISITION NO. 72664 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM • g'® DATE NEEDED: BID N0: COMMISSION APPROVED: ----------------- LINE# QUANTITY UOM ITEM NO. AND DESCRIPTIONEXTENDED UNIT COST COST 1 664.00 DL PROJECT PRINCIPLE-DEVELOP BASE 1.0000 664.00 PLAN FOR IRRIGATION PROJECT NO. 18-,0706.1 DUE DILI.GENCEz ASSIST TOPS.-:C ,I:ENT BY ATTENDING ` MEETINGkS:; SITE VISITS &: DEVELOPMENT OFA .B.ASE PLAN FOR THE 'TRRI:.GATIOIal>.SYSTEM, HOiFRS - 30UR Y RATE 2 489.20 DL ER SR LAND ARCHITECT I3EVELOP 10000 489.20 ;PLAN:- IRRIGATION •. . DikE .:DII,IOENCE: : ASSIST THE:CLIENT BY ,ATTENDING MEETINGS;.: SITE. VISI8: DEVELOPMEtT. OF A BASE PLAN FOR :THE IRRIGATION,'SYSTEM, 4 MAN HOURS - :HOURLY , , . . _ 3 617.76 DL PROD LAND ARCHITECT-DEVELpP. BASE 1 Op :Q 617.76 : PLAN IRRIGATION AUE;DILIGENCE: ASSIST THE CLIENT BY ATTENDING MEETINGS;, ;SITE VISITS &, DEV'ETOPMENT;:OF- A :BA:SE PLAN: FOUR R THE IRRIGATION ':SYSTEMI 6. MAN HOSIOURLY RATE $102 :.9.6 4 740.00 DL PROD. GAD' TECH zDZV.ELOP :RAiSF� PIiAN 1.0000 740.00 FOR IRRIGATION' ....... DUE DILTGESTCEs ASSIST E QL T3IENT: BY ATT ENDIZrtG MEETING S;: SGtx VIS'ITS DEVELOPMENT OF -k-BASE PLAN FOR THE IRRIGATION SYSTEM, 10 MAN HOURS - HOURLY RATE $74 .00 PROCUREMENT SERVICES: 1 TOTAL: ACCOUNT NO. PROJECT 303-4209-572.63-15 RP1819 PURCHASING Page 179 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.0BOX 310 P�O. #: 190554 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/10/18 VENDOR 6995 SHIP TO: TO: GENTILE G HOLLOWAY O'MAHONE City of Boynton Beach ASSOCIATES, INC. PUBLIC WORKS DEPARTMENT 1907 COMMERCE LANE STE 101 222 N.E. 9TH AVENUE JUPITER, FL 33458 BOYNTON BEACH, FL 33435 REQUISITION NO. 72664 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM DATE NEEDED: BID NO: COMMISSION APPROVED: TENDED LINE# QUANTITY UOM ITEM NO. AND DESCREX DESCRIPTION IT COST COST 5 74 .26 DL ADMINISTRATIVE-DEVELOP BASE PLAN 1.0000 74.26 FOR IRRIGATION . DUE DILIGENCE.c AS.S.j.. ST T.I.I.E.-CLTENT BY ATTENDING. MEETINGS..., SITE. VISITS DEVELOPMENT.OF A BhSk - FOR.THIE.. .TION: SSS EW HQUks: kbIjBiLy, RT13 6 664.00 DLPR0.JZC..T:' PRINCI:PLE EXPANS IQN 1. 0000 664.00 DILIGENCE: 'REVIEW OFE ST INS PR -PAR A CONCEPTUAL: REDESIGN & E 9.XPANSIOar OF .AVDITIONXL PARKI NO .:ON T14E SUBJECT .4, MAN: .HQURS HOURLY RATE $166.00 7 1223. 00 DL SR:!- LAND AR CMIT ECT-EXPANSTON OF 1223.00 P XING DUE�:DILIGENCE'- : REVIEW. OF EXISTING `R IN :PREPARE A CONCEPTUAL REDESIGN & ..EX.PANSION OF ITIONI�L. PARKINON` THE SU EJECT 1.0 HOURS .M HOURLY- RATE. $ 12.2 .30 8 1776.00 DL PROJECT CIAD T SION OF .2.0000 1776.00 . PARKING. � DUE bTt:IG.jTNCE RE V OF EXI TZ PARKING ...& PREPARE A�,.Cgxc :RED S: _E Tu P �aL EXPANSION OF _. .. .... ADDITIO NAL'PARKING ObVII18 SUBJECT SITE, 24 MAN HOURS - HOURLY RATE $74.00 PROCUREMENT SERVICES: ",j P.O. TOTAL: ACCOUNT NO. PROJECT 303-4209-572.63-15 RP1819 PURCHASING Page 180 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 190554 BOYNTON BEACH,FOLORIDA 33425-0310 DATE: 12/10/18 VENDOR 6995 SHIP TO: TO: GENTILE GLAS HOLLOWAY O'MAHONE City of Boynton Beach ASSOCIATES, INC. PUBLIC WORKS DEPARTMENT 1907 COMMERCE LANE 222 N.E. 9TH AVENUE STE 101 JUPITER, FL 33458 BOYNTON BEACH, FL 33435 REQUISITION NO, 72664 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM ,°• DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 9 74.26 DL ADMINISTRATIVE-EXPANSION OF 1.0000 74.26 PARKING DUE DILIGENCE.- ..REVIEW OF .EXISTING PARKING & PREPARE A CONCEPTUALRED. SI.:--T EXPANS I.ON OF - ADDITIOI AT, PARKING ON THE STJI3JECT SITE, HOURS HOURLY RATE $:3`7 13 10 664. 00 DL PRQil. - ' .PRINC TLE - PREP. OF 1:0000 664.00 PR:I�LTMINARY COST CONCE-PTUA DESIGN ;OF THE IRI -ATION. SYSTEM, M LUDING'. REVIEW'' OF EXISTING PUMP . & PREPARATION OF A. P.RELLTMINARY COST ESTIMATE, 4 "MAN HOURS; HOURLY RATE : $166:;00 11 733 . 80 DL SR`..SR•LAND ARCHIT CT-PREP OF. 1, 0000 733 .80 PRELIMINARY COST C0NC:E.PT'UAL DESIGN .:OF THE .IRRIATION SYSTEM; . INCLUDiNG: REVIEW 0' EXISTING PUMP & PREPARATION: OF APRE,LIMINAPY. COST:` ES.TIMATE,: .6 MAN HOURS HOURLY_ RATS .122.30 12 1441.44 DL PROJ .LAND AR-HITECT ,PRE:P OF , 1:0000 1441.44 PRELIMINARY .COST CONCEPTUAL DESICN:.OF THE: 1. SYSTEM, :_ INCLUDIIiTG REVIEW OF EXISTING. PUMP & PREPARATION OF A PRELIMINARY-.COST ESTIMATR, 14 MAN HOURS, HOURLY` RATE $102.96 13 1628 .00 DL PROJ CAD TRICH-PREP OF PRELIMINARY 1.0000 1628.00 COST PROCUREMENT SERVICES: C f, F P.O.TOTAL: ACCOUNT NO. PROJECT 303-4209-572.63-15 RP1819 PURCHASING Page 181 of 1207 PURCHASE ORDER 11 CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Q p O.BOX Blvd. Suite101 P.O. #: 190554 VENDOR 6995 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/10/18 SHIP TO: TO: GENTILE CLAS HOLLOWAY O'MAHONE City of Boynton Beach ASSOCIATES, INC. 1907 COMMERCE LANE PUBLIC WORKS DEPARTMENT STE 101 222 N.E. 9TH AVENUE JUPITER, FL 33458 BOYNTON BEACH, FL 33435 REQUISITION NO. 72664 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM w - <•r DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST CONCEPTUAL DESIGN OF THE IRRIATION SYSTEM, INCLUDING REVIEWG1:F EX-MSTI.NG:_ PUMP & PREPARATION'.OF, A PRELIMINARY' COST' ESTIMATE 2 MAN HOURS, HOURLY; RATE 574. O.0 14 74 .26 DL ADMINISTRATIVE PREP OF .1. 0000 PRELIMINARY;. COST 74.26 CONCEPTUAL-:DESIGN.;OF T`HE IRRIA'TIQW: SYSTEM;° INCLUDING REVIEW :QF EXISTING PUMP PARTI.ON OF LIMINARY COST ESTIMATE, 2 MAN , M.HOURLY iffl$37.13. 15 996. 00 DL PROD PRINCIPLE As IST THE ;CITY IN 1 OQ O. 996.00 R`EiVIEWING $IDS . . PREPARATION`OF.FINAL. IRRIGATION SYSTEM C©NSTRUCTION 13OCUMENTS. &. PR.2 TION:OF BIp. bOIMENTS: ASSIST THE. :CITY; IN REVIEWING BIDS, 6 MAN ITiURS, HOURLY RPT.E $16 6,0 0 16 1223 . 00 DL SR SR LAND ARCHITECT AES'IST CITY 1'.0000 1223 .00 IN REVIEWING BIDS PREPARATION OF FINAL IRRIGATION SYSTEM CONSTRUCTION DpCUMNTS :& PREPARATI:8R OF: BID- DOCUMENTS.. ASSIST' THE CITY ZhI REVIEWING BIT3S!.I 1;0 MAN HOURS, HOi1R.LY".RATE.:$12 2 3 0 17 1647.36 DL PROJ LAND ARCHITECT-ASSIST CITY 1.0000 1647.36 IN REVIEWING BIDS PREPARA I-0OF F,IN .L IRRIGATION PROCUREMENT SERVICES: l P.O. TOTAL: ACCOUNT NO. PROJECT 303-4209-572.63-15 RP1819 PURCHASING Page 182 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P. OX : 190554 BOYNTON BEACH, FLORIDA33425-0310 DATE:#12/10/18 VENDOR 6995 SHIP TO: TO: GENTILE GLAS HOLLOWAY O'MAHONE City of Boynton Beach ASSOCIATES, INC. PUBLIC WORKS DEPARTMENT 1907 COMMERCE LANE STE 101 222 N.E. 9TH AVENUE JUPITER, FL 33458 BOYNTON BEACH, FL 33435 REQUISITION NO. 72664 ORDERING DEPARTMENT: ENGINEERING/AGGA/PM DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST SYSTEM CONSTRUCTION DOCUMENTS &. . PREPARATION..:O-F-:BTT?' DOCUMENTS ASSIST'; THE :CITY. IN REVIEWING SIBS, 16'`: MAN HOUR , HOPURLY TRATE 18 4440.00 DL PROD CAD: TECH-ASSIST CITY IIT 1.0000 4440 . 00 REV>EWIfiIG BIDS PREPUA TION OF FINAL IRRIGATION. SYvT`EIk1., CONS -RUCTION DOCU.M!9NTS &.. PR:EPAIRAT.ION, OF T30O7MENTS'. . ASSIST- THE.;CITY IN: REVIEWING BIDS; '60 MAN HOURS, HOURLY RATE' $74;00 19 222.78 DI; ApMINISTRA`T'IVE ASSIST .CITY 1 0000 222 .78 REVIEWING.:BIDS : PREPARATION.. OF FINAL IRRIGA'T'ION SYSTEM : : , . CONSTRUCTION <D.00UMENTS & PREPARATION OF BID ; DOCUMENTS AS SIST..THE CITY IN REVIEWING BIDS., 6 MA;N. HOURS:, :HOURLY RATE $37.13 REMAR�,S IRRIGATION SYSTEM &. PARxING DESIGN. FOR HESTER CTR RFQ #046 2821-17/TP., CQI++IMTSSTON APPROVED 8/7/18 SCOPE E. R1$-103 TASK ORDER Ni 1E-0I' PROCUREMENT SERVICES: ✓ , r P.O. TOTAL: 193 93.12 ACCOUNT NO. PROJECT 303-4209-572.63-15 RP1819 L PURCHASING Page 183 of 1207 (.13TY OF 130YNTON BEACH ®� $10,000 Date: 12/3/2018 Requesting Department: PW - Engineering Contact Person: Paola Mendoza Explanation for Purchase: - Design of the irrigation system for the park and a conceptual design for increased parking spaces at Ezell Hester Park. Resolution No. R18-103, Commission approved 08/07/18, Bid No. 046-2821- 17/TP i Recommended Vendor - - Dollar Amount of Purchase �Q ti 3g3.1a ..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: 0 - al 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#RP1819 Approvals: Department Head Date Purchasing Agent ' ' f, s Date Asst City Manager Date City Manager t Date Form Revised 02/01/02 Page 184 of 1207 \ \ a I I M W 1 1 \ \ N N , i I I I n r H W W fk I Oo N M W i i I N m A A I m O a w G� I , H I , a , I 1 I 1 a W W z , H O I , � I 1 0 c3 W I I 0 O zE- w >1 Wo l o 0 W zU i � Ho a a W w o a a H 4 E,E- I iO $ r cq a H m 1 I Z y�-I y A z�o1 � o (s t a rn t` 0 f4 y O H El , I E H H a o x O ��j4 W i 1 I O W U' I 1.1 ll P 1 r. 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H 01 Fx w rx •D+Q w a •D+A w x •>iQ Hw ao>eq w aH>•IQ aw ao>lA Z F H I aZ �ry +HmHO C7 -HNHO QU' -HNEO C7 +H •HO 90 -H •FO az04 :Zpo O �i H I Hv� �oN� aHC/) NHE zH OM OHS qHM PHX EHtn r-FAE H z H� H 0 a FH 17C7wriA£ aC7w +q FCaC7w -1 .40 r�aC7wrA� maC7xwxc�q FaFwP��o I q� H W P: I WW AIziH ',�U P;gHE EOU II--��OHE. xu QI-IE EOU ZA�ZiN��OU UF-IWAI�EH 00 [n�V H O W i 00 WRAI0 .W7 �WWrxHOW OWWrxEOW OWWfxE0 £WWWFOW OWWgpo'xa w0 E W I a;fx pWORCUcn 114 MEWOguW =)w0gurn W MORCUv] q'JWORCum f4t:)Ix UUI a Q 1 as Q$W U]Q:E44 aQ,rT4 L4QZCI Qzw wQa x a; H W 1 U] H� I H N � � l0 az • Page 189 of 1207 Greco-Arencibia, Adrianna From: Mendoza, Paola Sent: Thursday, November 29,201811:03 AM To: Greco-Arencibia,Adrianna Subject: Ezell Hester Park proposal Attachments: Ezell Hester Park Boynton Beach 18-0706.1 revl.pdf, Fee Calculation for Irrigation system design-Ezell Hester Park rev 11-27-18.pdf,Hester_Park2.pdf,Hester Scan (drawn-on,low-res).pdf Hello Adrianna, can you please create a PO for this work?The task No. is UT-1E-01. The work to be done included the design of the irrigation system for the park,and a conceptual design for increased parking spaces. IS there anything else you need from me? Thank you Paola Paola Mendoza Associate Engineer r., Public Works/Engineering Mailing Address: P.O. Box 310 ( Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 n 561-742-6266 Mendoza P bbfl.us boynton-beach.org/ y��, bo nton-beach.org/ 11"I} 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: Dunmyer,Gary Sent:Wednesday, November 28,2018 5:38 PM To: Mendoza, Paola<MendozaP@bbfl.us> Subject: FW: Revised Ezell Hester Park proposal Send all the docs to Adrianna and ask her to process for a PO. Gary 1 Page 190 of 1207 Gary Dunmyer, MBA,P.E. City Engineer 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 { t,, 561-742-6231 Boynton-beach.org/ DunmyerG@bbfl.us I �r LLtj to e via il may e subject Please be advised that Florida has a broad public records law drelco ds Therefore,yourr e-mail coammunibation and disclosure.Under Florida be subject cords ,email o public disclosurresses e. From: public your e-mail address may From:Jessica Lovett<jessica 2ho,com> Sent:Wednesday, November 28,2018 9:45 AM To:Mendoza,Paola<Men� dozaaPL6bbfl•us' QPra�2ehO com> Cc:Dunmyer,Gary<DunmerG )bbfl.us>;George Gentile<ge„r Subject:Revised Ezell Hester Park proposal Paola, We've revised the fee for the Ezell Hester Park proposal to reflect the approved hourly rates. Thanks, Office:561-575-9557 Jessica o 2i!}O TM— www.2�ho.com Twitter.faGK%qn4FLOP Happy Holidays from our family to yours! As the holidays near, we give thanks for our valued clients& colleagues and ask you to note our holiday schedule. Our office will be closed on the following dates: Thanksgiving (Thursday,November 22nd-Friday,November 23rd) Christmas through New Year's Day (Monday,becember 24th-Tuesday,JanuaryGENTIlsr) HOLLOWAYVIA 2P AS AAssociates,Inc. 1907 Commerce omm rce Lane,Suite 01 Jupiter,Florida 33458 561-575-9557 Fax 561-575-5260 2 Page 191 of 1207 The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s)named above.If you are not the intended recipient, you are hereby notified that any review, dissemination,distribution or duplication of this communication is strictly prohibited.If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. All attached drawings,specifications and other documents,including those in electronic form,prepared by the consultant and the Consultants Sub-consultants are Instruments of Service for use exclusively to this Project.The Consultant and the Consultants Sub-consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,statutory and other reserved rights,including copyrights. 3 Page 192 of 1207 SCOPE FOR PROFESSIONAL PLAN ING AND LANDSCAPE ARCHITECTURAL -- SERVICES Gentile Glas - Holloway Client: Gary Dunmyer,City Engineer O'Mahoney Public Works,Engineering &M—ia I-,,.E- City of Boynton Beach ;,, -d ° 100 E.Boynton Beach Blvd. Boynton Beach, FL 33435 PH.561-742-6231 IW7 c�,ce dunmverg(abbfl.us swt.101 Wrilm tlurida 3m% Mail to: P.O.Box 310 MM'E5'.�'i'�(.7St5[PB Boynton Beach, FL 33425 Re: Professional Landscape Architectural Services for the design of a landscape irrigation system for Ezell Hester Park, located between NW 19"'Avenue and NW 17"'Avenue on N.Seacrest Blvd.in Boynton Beach, FL. Date:November 7,2018;Revised November 28,2018 Job Name:Ezell Hester Park Boynton Beach Job Number: 18-0706.1 This is to confirm the authorization to the business entity Gentile Glas Holloway O'Mahoney & Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. The scope of requested services is described herein: 1. Aoreernent for Services• The Consultant agrees to provide conceptual design services to the Client as more fully described in the Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms of this Agreement.The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied,with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated August 200,2018 shall apply to this authorization of services. B. See Attached Exhibit A for full scope of services. Compensation by Client to Gentile Glas Holloway O'Mahoney&Associates,Inc.for these professional services will be based upon: CoM29nsation• ® Compensation for services rendered by the Consultant,Scope of Work Items A.1,B and C in Exhibit A shall be a fixed fee of Fifteen Thousand Eight Hundred Ninety-Three Dollars and Twelve Cents ($15,893-12). ® Compensation for services rendered by the Consultant,Scope of Work Item A.2 in Exhibit A shall be a fixed fee of Three Thousand Five Hundred Dollars($3,500.00). 1. Reimbursable Expenses• NIA 2. Client's Resrxonsibilities• The Client shall be responsible for the following: Page 193 of 1207 Ezeii Hester Park Boynton Beach/Job No. 18-0706.1 November 7,2018;Revised November 28,2018 a of Work,shall set forth the Page 2 of 4 A. The Client shall provide full information concerning the Scop Client's objectives,restraints,and criteria. B. The Client shall provide the Consultant with a certified copy of a surrey. The Consultant shall rely on the accuracy of this survey in the performance of his work under this Agreement. C. The Client shall provide the Consultant with all other engineering studies, reports and architectural drawings as may be necessary for submigovernments The Consultant s yo these itemsn the performance of his work. hall rely on the accurajurisdiction rd t ache development of the curacy of 3. Pa meet for Services: The Consultant shall bill the Client for its services and reimbursable costs e due and payable upon receipt by Agreement at such times as it shall deem proper. All invoices ar the Client. Interest, at a rate of 1.5% per month, shall accrue on invoices outstanding more than nt on invoices will days.commence Consultant unt I all pastall duework invoiceser are rpaidQ n full. The Consultant past due 0a sumes ono will not responsibility for damages,financial,physical or other,because of work being stopped. 4, Termination of A_reement: t or he er party. This Agr{'on oft thisis e g1 eement, however, shalle not of h relieve the t ClientofConsultant ny t respono the sibility or Terming nsultant before receipt of the notice of termination. payment for any services performed by the Co 5. ggent of Agreement: ent and This Agreement represents the k anenmay bAgreement beonly by wrtteneen thelinstrumehConsultant ntsigned by the concerning the Scope of laws of Client and the Consultant. allrespects, p sthatema ariisehundert t shall be in Palm B acch County, ment of Florida and venue concerninggdispute any pu e Florida. g, Limits of Liability: be llClient al, reliance, Theetatsulttorhis llnotges (other than personal injury dam damages)arising out incidental, consequentialoexemplary nt of or concerning the performance of the services for this Agreement beyond the amount of ees paid for such services. Pursuant to this section, an individual d v employee lo yeeior age for of the Consultant may not be he ld negligence arising out of or concerning the performance of the services for this Agreement. The Consultant shall not be responsible for monitoring site plan approval status beyond the date of approval by the local jurisdiction having authority over the project.(Most site plan approvals expire 18-24 months after final approval.) 7. Miscellaneous Provisions A.This Agreement is governed by the law of the Consultant's Principal place of business. and tant Cien B.This Agreement is hpriontire and r negotiations,statements or agreements,ed agreement between theeitlhertwrttenhor oral. The and supersedes all by a written instrument signed by both the Client an parties may amend this agreement only the Consultant. rm or is found to be C. In the event that the remaind r of this snagreemeof this nt shall cont nue in full force arid effect and ceable or invalid fora y or invalid term or provision shall be amended tot e parties agree that any unenforceable minimum extent required to make such term or provision enforceable and valid. LG000177 _ - - t Proposai5lCity of Boynton BeachlEzell Hester Pork\Ezell Hester Park Boynton Beach 18-0706.1 MO.doc K:ICompany InformationtClien Page 194 of 1207 Ezell Hester Park Boynton Beach/Job No. 18-0706.1 November 7,2018;Revised November 28,2018 Page 3 of 4 D. Neither the Client nor the Consultant shall assign this agreement without the written consent of the other. E. Irrespective of any other term in this agreement, the Consultant shall not be responsible for construction means, methods, techniques, schedules, sequences, or procedures; or for construction safety, or any other related programs; or for another party's failure to complete their work or services in accordance with the Consultant's documents. F. Client agrees to indemnify, defend and hold harmless the Consultant from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys; fees and all legal expenses and fees incurred through appeal, and all interest thereon,accruing or resulting to any and all persons,firms or any other legal entities on account of any damages or losses to property or persons, including injury or death, or economic losses, arising out of the Project and/or this agreement, except that the Consultant shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by the Consultant's errors or omissions. G. Should any legal proceeding be commenced between the parties to this agreement seeking to enforce any of its provisions, including, but not limited to,fee provisions,the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. H. The Client and the Consultant waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this agreement. The Consultant's waiver of consequential damages, however, is contingent upon the Client requiring the contractor and its subcontractors to waive all consequential damages against the Consultant for claims, disputes or other matters in question arising out of or relating to the project. I. To the extent that damages are covered by property insurance during construction, the Client and Consultant waive all rights against each other and against the contractors, consultants, agents, and employees of the other for such damages. The Client or Consultant, as appropriate,shall require of the contractors, consultants,agents and employees of any of them similar waivers in favor or the other parties described in this paragraph. J. The Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of improper maintenance for this Project may result in damage to property and or persons. The Client further acknowledges that, as between parties to this agreement, the Client is solely responsible for the results of any lack of or improper maintenance. K. Nothing in this agreement shall create a contractual relationship for the benefit of any third party. 8. Ownership of Instruments of Service Drawings,specifications and other documents, including those in electronic form, prepared by the consultant and the Consultants Sub-consultants are Instruments of Service for use exclusively to this Project.The Consultant and the Consultants Sub-consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights,including copyrights. 9. Retainer: The Client shall pay a retainer in the amount of Zero Dollars ($0.00) upon commencement of services or authorization of additional work under this Agreement. Said retainer shall be credited to the last invoice for service. LC000177 K.t Company Infnrmation`Client Propasals►City of Boynton Beoch tEzell Hester Park�Ezell Hester Park Boynton Beach 18-0706.1 revl.doc Page 195 of 1207 Ezell Hester Park Boynton Beach/Job No.18-0706.1 November 7,2018;Revised November 28,2018 Page 4 of Confirmation Order City of Boynton Beach Gentile Glas Holloway O'Mahoney &Associates,Inc.(Consultant) By: By: Z;— '�- — Name George G.Gentile,FASLA, PLA LEED AP®BD+C Title:Sr.Partner/President Title Date: ate: November 28,2018 LC000177 K:l Company informationlCllent ProposolstCity of Boynton Beach t Ezell Hester Park�Ezel!Nester Park Boynton Beach 18-0706.1 revl.doc Page 196 of 1207 Ezell Hester Park Boynton Beach November 7,2018;Revised November 28,2018 Page 1 of 1 EXHIBIT A ScoWok Scope of Work. The Parties agree that the Scope of Work that the Consultant shall do for the Client shall be defined as follows: A. DUE DILIGENCE/CONCEPTUAL PLANS: 1. The Consultant shall assist the Client in due diligence, meetings and finalizing the landscape irrigation design program for the subject property. 2. The Consultant shall review the existing parking as built on the site and prepare a conceptual re-design to determine the ability to increase parking spaces and make the layout more efficient.The Consultant shall prepare a preliminary plan for review by the City. B. CONCEPTUAL DESIGN: The Consultant shall prepare Conceptual Design Plan(s) of the proposed landscape irrigation design based upon the Client program,site constraints,and professional design expertise. Said plans shall delineate the proposed elements of the irrigation system including maintenance pump evaluation and location, if changed. These plans shall be presented to the Client with preliminary cost estimates at which time comments and changes will be incorporated into the final construction drawings.One site meeting and two client meetings(6 hours maximum)are included in this portion of the contract. C. CONSTRUCTION DOCUMENTATION: 1. IRRIGATION DESIGN:The Consultant shall prepare an Irrigation Plan for the existing park and roads.Drawing shall specify and locate all proposed irrigation elements including heads values and zones and the associated pump controller and specifications. 2. The Consultant shall prepare documents forbidding the irrigation system and assist the Client in review and selection of the successful contractor. Client: Consultant: KACompany InformationlClient ProposalslCity of Boynton BeachlEzell Hester ParklExhibit A reAdocx Page 197 of 1207 a m E t I �w pQ S - U. V a G LL N Y C �m U t Oi 2�rc a' J o o S S a S o O rc' = 7 LL g� LL pap[[u Ii1dWm �w e � o T ga1. 3:P=~ w 0 o v m Q N � S WC 80 8 8 pp 2 88 8 b WA �wm m _ 10o -ill w Fg m WU�p V Z N ( Z OF Q; 1 U ME B oma �c ESQ Kr ,L �EEc mm's° 8�� SG cL °w Fp S O A FF�I� C O u u m � m o' a= p' 1 Page 198 of 1207 1 RESOLUTION NO.RIS-103 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,AUTHORIZING THE CITY MANAGER TO 5 SIGN INDIVIDUAL AGREEMENTS AS A RESULT OF 6 RFQ NO. 046-2821-17l1P FOR GENERAL 7 CONSULTING SERVICES FOR FIVE (5) SCOPE 8 CATEGORIES TO BE EXECUTED BASED ON 9 INDIVIDUAL TASK ORDERS IN COMPLIANCE WITH 10 THE PURCHASING POLICIES_ AND PROCEDURES; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS,on March 6,2018,the City Commission approved the list of top ranked 15 i proposers identified by the Evaluation Committees from responses received from RFQ No. 16 046-2821-17ffP for General Consulting Services;and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff,hereby deems it to be in the best interests of the citizens and residents 19 of the City of Boynton Beach,to approve and authorize the City Manager to sign individual 20 as a result of RFQ No.046-2821-17[IT for General Consulting Services for five(5)scope 21 categories to be executed based on individual task orders in compliance with the purchasing 22 policies and procedures. 23 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 25 Section 1.The foregoing"Whereas"clauses are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby approve the following firms as being qualified to provide General Consulting Services 29 and does authorize the City Manager to sign the individual contracts: 30 31 C:WserslStanzionerAppDatelLocoNmic=oftwiindowslTemporary Intemet Files%Conterd.IE5tSATNCEVN%Geoerel Consuling—servirss_(2018)_Reso.docx Page 199 of 1207 SCOPE CATEGORY A Water Plant Modlflo n Cagacfty and Operation Evaluation i Carollo En ineers,lnc. CH21011-lill En ineers,Inc. Globakech,Inc. SCOPE CATEGORY B Infrastructure Im rovements and Evaluations_ Carollo En ineers,lnc. Arcadis U.S.,Inc. AECOM Technical.ser-Oces,Inc. CDM Smith,Inc. SCOPE CATEGORY C Anelilary Studies and Services ! Carollo Engineers,lnc. CDM Smith,Inc. Globaltech,Inc.. SCOPE CATEGORY D Transportation Services Kimle-Horn and Associates,Inc. Calvin,.Giordano&Assoc.,Inc. Mathews Consulting SCOPE CATEGORY E Architectural and LandscaRg Design Services Gentile Glas Hollowa UMahoney S Assoc..Inc. Alexis Knight Architects,Inc. West Architecture+Design,LLC 32 33 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 {Remainder of page intentionally left blank} 37 38' C:1llsersztanzioneTlAppData%Louluierosoft indowslTemporary Internet FileslContentIE5%SATNOEVMGeneraLConsuglng.-SerAoes(2018)_Reso.do= Page 200 of 1207 38 PASSED AND ADOPTED this 7b day of August,2018. 40 CITY OF BOYNTON BEACH,FLORIDA 41 YES NO 42 43 Mayor—Steven B.Grant 44 45 Vice Mayor—Christina L.Romelus 48 47 Commissioner—Mack McCray 48 49 Commissioner—Justin Katz 5o 51 Commissioner—Joe Casello 52 53 VOTE -,;:0 54 ATTEST: 55 56 57 ..... 58 Ju h A. _ .. Pyle,C 59 y Cleric. 66 61 62 63 (Corporate Seal) 64 C:wsers%StanxioneT%AppoatalLocalwicrosoRlWindows%Tempomry Intemet Files%Content.IEMATNOEVN%General Consutting Serviees_(2g18)_ Reso.docx Page 201 of 1207 EXHIBIT"B" City of Boynton Beack RukManagement Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,tlw City requites appropriate coverages listiog the City of Boynton Beach as Additional insured.This is done by providing a Cectifieate of lusurance lie ft the City as"Certifieate Holder" and The City of Boynton Beach is Additional Insured as respect to coverages now.*Iuwronacompanies provddmg:inruance coverages ants:have a cement rating by A.M.Best Co.of"B+'or higher.(NOTE: An mainwcr contract or khasisr NW be accepted as proojojinnvmtae 1JGrrtifscote is provided upon Select,v glvendor j The following is a list of types of insurance required ofcontrsctors ksms6 are.,and to limits required bathe City. (NOTE: This lint it net an idrsive,and the city reserves the sight to require additiaaal types of iruraoee,or to sada or Wryer the stated limits,bred apes identified risir.) TYPE (Orxurrence Based Only) JUDMUMN17B REQUIRED General Liability General Aggregate - S 1,000,000.00 Commercial General liability Proditets-C.omp/Op Agg. $1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.injury $1,000,000.00 Liquor Liability Baran Occt rcace $11000,000.00 Professional Liability Fire Damage(any,—fire) $ 50,000.00 Employees&Officers Med.Expense(arty one Pollution Liability penton) $ 5,000.00 Asbestos Abatement 140 Abatement Broad Form Vendors Premixes Operations Underground Explosion&Collapse Products Completed Operations Conirachtal lodepcodent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single limit S 500,000.00 Any Auto BDdrly Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined HiredAutos Property Damp to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto ,Each Accident Any Arco IY $1,000,000.00 Garage Xeepers Liability Otter Than Accidento Only S 100,0001,0 S 1,000,000.00 Aggregate S 1,000,000.00 Excess Liability Each Occumence to be determined Umbrella Form Aggregate to be determined Workers Compensation Statutory Limits Employers Liability Each Accident S 100,000.00 Disease,Policy Limit S 500,000.00 Disease Each Employee T 100,000.00 Property Homeowners Revocable Permit S 300,000.00 Builders Risk Limits based on Project Cost Other- As Risk Identified to be determined Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 202 of 1207 EXMIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name ofFirm: Office Location — — 1. service: Cheek One) ❑ Pla nui TAilii,,iii Altepmodler p n erl Services/PreBm's Bid Document ❑ Final DocumeotlBiddin r Award ❑ Construction PhesdConr lotion 2. Name of Pro'ed: 3. Pro'odMana rr: COr1S'I$UCTION CONTRACT DATA — S. , a.En moor's estimate: $ Final Cost: $_ b.Substantial Construction Completion Date: c.Final Construction Completion Date: — 6. overallFtattin (Check One) ❑ Unsatisfitcutry ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No ❑ Conditional If other than We detailed exPlanStioll on a se to sheet 8. Name,title and office of mtin officer e. .Utilities Director 9. Si aicre of ratin officer: Boynton Beach Utilities-General Consulting Services C-28 V.5 CLEAN FINAL Page 203 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONISULTING ENGINEERS(CONTINUED) DESIGNIENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rabe numerically 1 to 5 with 5 bein the hf hest score _NIA 1. Thorough site investi anon __ 1 2 3. 4 5 2. Meet' I cost limitations 3. Desi Nresults liability 1 2 3 14 j 5 4. Cooperative&res naive 1 2 3 4 5 5. Timeliness of suballssions 1 2 ' 3 4 5 8. •Plans olearidetailed- 1 2 3 4 5 7. 'Plan's accure 1 12 : ,1_3 4 _5 `Preliminary administrativellimited staff reviewleveluation of levels of clarity,accuracy;and coordination between disciplines. Name and We of ratin officer e. Utilibes Director: Si nature of ratin officer. FINAL DOCUMENT PREPARATION,BID,&AWARD BY CONSULTANT Rate numerical! I to 5 with 5 bei the hihest score NIA 1. S afford com etidon 1 2 34 =5 A 2. S cs lctelftmu h 1 2 3 4 5 - 3. Accura of documents __ 1 2 3 4 5 4. R uirements within en ineer's estimate - 1 2 3 4 5 -_ 5. Coo relive att'dude 1 2 3 4 5 6. Timeliness of submissions - 1 2 3 4 5 7. Pre-bid conference varticipation 1 2 13- onse to in uiries 1 2 - 4 5 9. Bid evaluation uali /timeliness 1 2 4 5 10. Res rise to building & _rmittin encies _ 1 2 4 5 11. Addendum raration&oermit a -lications __- 1 2 3 - 4 5 Name and tide of ratinc officer{e.0.Utiifties Director): Si nature of ratina officer: - - Boynton Beach utilities-General Consulting Services C-29 Y.5 CLEAN FINAL Page 204 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numericall 1 to 5 with 6 In the hi hest score NIA 1 2 3 4 5 1. Drawin s_Reflect True Conditions 1 2 3 4 5 1 1 2. PI cs Accu ratelcoordinated 1 2 3 4 5 3. Des- n Constructabil -- 4. TimelinesslQual' _of processin ,Submittals 2 3_ 4 5 5. Product/E ui ment Selection Availabil' 1 2 3 4 5 6- Field Consuitation and Invesfi ations 1 2 3 4 5 7. dual' of Su 3on Services 4 5 g, Overall Construction Contract Administration 1 2 3 4 5 9. Pro ect Cbseoui Documentation Review 1 2 3 4 5 10. Valid' of Claims for Extra Costs -- 11. Did Consultant provide sutflcient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permittin Ones t� �ici ate in 12. Did the consupant actively pa p overcoming problems with the Cont'actor,Building 1 2 3 4 5 Officials andlor Re ulatory encies4 - 13. Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 )ocurnentation.etc - _ — 14. Did the Consultant exercise adequate/affedmg 1 2 3 4 5 coordination and control of subconsultant(s)or associates work and rwork7 4 5 15. proacWe Partici anon in Resolution of Dis ute s? 1 2 3 Name and We of rabn officer e. utilities Director: S nature of rafts officer:_ Boynton Beach Utilities-General Consuiting Services GSO w CLEAN FINAL Page 205 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNINGISTUDY ACTIVITY,REPORT,OTHER Rate numerically 1 to 5.with 5_being Ute hP heat score NIA 1. Thorou h investigation of situation or activity 1 2 3 4 5 2. Coo native attitude 1 2 3_ 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accurac of documents _1 2 3 4 5 5. Did the Consultant offer cost sav solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 sohrin ? 7. Overall results 1 2 3 4 5 Name and title of red officer e. .Utilities Director: Sig_ ' nature o„_ t rating officer: Boynton Beach Utilities-General Consulting Services C$.1 V.5 CLEAN FINAL Page 206 of 1207 GENTGLA-01 7— URISE DATE IMtwnomr� „ . CERTIFICATE OF LIABILITY INSURANCE 7/912016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES �F^-nW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED 8 ESENTATNE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: K the certilicate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. H SUBROGATION IS WANED, subject to the terms and conditions of the policy.certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme s). Annie Uriba PRODUCERLicense# FAX — Insurarme OfIlce of America,Inc. PHONE :(561 296-5968 26058 IAIC,Ne;561 776.0670 Abacon Town Center Annle.Uri ioaMIPXOm 1200 University Blvd,Suite 200 ,r m Jupiter,FL 33458 } NrSUREiUS1APFpapIl�COyERA6E _,+ suReen Old Dominion Insurance Com_,n 40231 _- �_�Y-.- _ INSURm N 'ReR„e Em a,ere Preferred Insurance Conpan suREa Cont,nen#al CasuaIty_Com_pany 20443 Gentile Glas Holloway O'Mahoney&Associates,Inc. — 1 ' 1907 Commerce Lane Ste 101 NsuRero: -- Jupiter,FL 33458 NSURgt6 �� - .....---..._._._— . INSURMU- OVERAGPIS CERTIFICATE NUMB REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- IN R TYPEOFINSURANCE ...,. A9DL$UaR, POLICY NUMBER CYF F I�� EACMpr 'Il NCE LIMITS-7-s1!,0( ,040 ° , .. X53._, 00, _.. A X COM CL-JMSLeENERALLU1wLrryCCUR ( 5000 cLaMs MAoe �X occvR !BPG4445N 06/2112018 0612112019 To ttENTED 00 000', - —.._ mw _ ._ .... 1,000,000 P9 &A_. ItC?U ___ A � .� lPERF�OENERAL r3(NtEGATE ��... 1 LAGGRt PaIITAPPu❑ESLoc ?RoDUCTs-comwoPAc T ._. 2.000.000 X POLICY EJ a s OTHER. ...—'”—""`"... ""`" 0MSINED SINGLE LIMIT 1,000,040 fOrOHILE LwelL Am ANY AUTO 1 �BPO4446N 06/21/2016 06121,2019 y e_NLYINJURY Perpe t[,.�s _... OWNED �"SCHEDULED BODILYINJURYPersade�U} ....._ u X p,AHpU�TEOpS ONLY X. AUTO ONLY TOS � y � PR�p�DAMAGE I AUTOS ONLY AI]T LILY i IE X EXCESS UAB OCCUR EACH OCCURRENCE $..,-.. 1,000.000 I CUG4SN 0612112018 06/21/2019 AGGREGATE 1,000,000 _WDEi E A X uMBRELLALAe CLA@AS44 t DED X I RETENTIONS yyp - Xa E FR 7�040a0ii0, B A Ji o PLoRWL1ASIL1stt Y I N CV707231311 06/09/2018 06/09/2019 E �7pR�ppp�RTT E.LEACHACCIDENT f _.,.._... ' ANY IP IMEXCLUDERD �IVE ❑ }R ��o ) N IA J` E.L DISER EAEMPLOYE ,i ONirder.OF OPERATI below �`'�' I:n....... 'N'87,4 E...-P CY LIMIT _. '1. ,00 '. C Profess anal L a I,pH5419017� �/0612016 07I0W019 Per Claim LAH5919017 C 'Professional Llablll 46 07/06/2016 07/0612419 Aggregate 2,000,000 1 OSCRIPTION OF OPERATK)NS!LOCATION911IF3IICLF9(ACORD N 1 Addmmw Ramada ealwduI be aasehed N nae epee b�equhed) P City of Boyrnon Beach is named as additional Insured with regards to General Liabilityinsurance as per endorsement CG2026(07104)Re required by written contract- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ACCORDANCE WITH THE POLICY PROVISIONS- AUTHORIZED ROVISIONS ALL BE DELIVERED IN AUTHORIZED REPRESENTATRIS City of Boynton Beach 100 E.Boynton Beach � Lrn Buri FI a 1988-2015 ACORD CORPORATION. All rights reseryed. ACORD 25(2016103) The ACORD name and loge are registered marks of ACORD Page 207 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O, #: 190569 P.O. BOX 310 DATE: 12/13/18 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 15341 SHIP TO: TO: ALLIED ALUMINUM & RAILING, INC City of Boynton Beach 3646 23RD AVE SOUTH PUBLIC WORKS DEPARTMENT STE 107 222 N.E. 9TH AVENUE LAKE WORTH, FL 33461 BOYNTON BEACH, FL 33435 REQUISITION NO. 72645 ORDERING DEPARTMENT: GM/JL • , 1® DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 10120.00 DL INSTALL GATE OPERATOR FOR TEMP 1.0000 10120.00 PD Remove existing. _12x12: double gates and install 1-loft high by 12tt wide single swing gate Gate area to:.have a. 2f t `hang header above st:;: anc3' wi11, be :nstailled with: gate opera far Gage Operator 1 E w 6j .a.cce:ss T21NX Heavy Duty ; Comtnerc>a1 swine gate operator with 1HP DC motor, 24V17C Battery Baokup, 12OVAC input 2 Wired linear AD=11 post keypads: : mounted on.pad wunted: gooseneck pedestals {1.=:iriaide(1Joutside) cad.` fence:: : 1 :Omr1on Photo. safety. eye 2 Concrete pads fflr.:keypads 1. concrete pad for :gate. operator Electrical':to be eupplied by:. the . Gl;ty to ;gate operator as: required:,. REMARKS , INSTALL :GATE ADPERA' t 3R`FOR TAMP PT}< PROCUREMENT SERVICES: P.O. TOTAL: 10120.00 ACCOUNT NO. PROJECT 001-2111-521.64-02 TS2045 PURCHASING Page 208 of 1207 CD OD U U H N I FO O I a OO O EA I H OI - N N H 5� H 1 O O - cr -1 --I PO q a 14 F4 W 1 I W I •�. C U I 1 IOWCO I Si�, I Wrr-IH i o aiF-Ie C> i o\ W O i O F� O U I OO I I O V N N HJill W H H I P 1 O O 1 H H W W E O 1 N P4Ln H 1 Of o0o z HHO 0 a 000 N a FC W U o C� 0 0 0 0 i O t` O Q I H O H I H F H o0o I y O w W I z Hu0)o F OCD 0 a O H O H W Ln O r_, 4 � F OI H H H i � V U] G�G I H W I O H H I H Pd �•' i PG N w a' W d1 I W a M ( a b O O GIn4� 7- a0 H OA i A W i Q WVIrd Fz �C a W I w Oroq a H a� E . o . z aEa I Q H U H a El a4 R4 F i O , W , w 4.-1 o �j I N , W I U i x W rF > a i o W n DQ iF F P: QH Q I I W I z z 1 N ( H W W H ' A U2 Fa) mz u] I 4-,r4 4 rd 0 O H O W rl a)3 3 PI RlCS U z U H u) 0 ri c m p a) O (ri 0 I Id rb a) z m 1.I I U H F W 0 4-) •0 H 4-) 04.) 0 ul F a U)a' u) m a)(d b 4-) O b) rJ > H rl 41 —4 Cd do P4Pa 00 I I 'a��.�4 a)U G'\ i V) H Id I U \ U] "J Gaza) OR Oro 41 w I •.-I> 0,V 5•H -AH I m$0 UN m U U)U) I FzU Qa)) Q mq WV) 1 m I (d a) S-I 4-1}-I Id r1 O 4 H N I W 1 a bro-I S4 0 '0 p},rH-- J-) L) >U I a z Wa)go((dd QO Q S4 >, WE i VO � F,L1 m(d v 8 9 rm4 �a) S) U)O I x a� 4" m U 4j 1i) Ido v CD z a w (`� S' PC I O o a) 0 a)Q u24-) Ili(� a) A z F F ® ct O wT)b 1 x o m >> N •rl 00 3 •11 bna) a PL a) a)4)4- H W H 00 i a N"r-r1 J-) x m 'b X Id RI E-1 1 a H i F k 41�bi 71 H U H a1 >,:14 [Jl QM1 F3 a 1 N444J 044P41 00 A4 MPaa 1 \ Pa 1 H N 44 S.' F 41 c .14 W 4-1 0 •.-1 W Q', I H N.0 -,1•.i 4 U (d 44 a) U N I 1! ..� y,) C7 a OC�>,rd3 M3U34C mdrd Aa)F42m 0 •• I •H A S4 a)$44(d a) O(d(d O 14 r4 H , O W a )'d o oa)m 44 Q404 J, z .+ (1)'dU ,7 a W O ,7, I FWs~>a) 4jU.UOg0 O m •. H O i FC-rI U)cd H Id(d(UCN-H O Aa)m rl RS?+Q I Y W >•1 z F H Zry X- 1 r1 PP H r-I to •a a-1 4-) (d F0 I F r ' OH W ,�a)4 O rd a)b)a) N a)a) U W H X , �. E (d 04 G R -T5 rd U Q 14 14 'A O Q z !� O (tl H O H i N L)4J m O-.i 0 111 a)a)r"O D U }4.0 O O I © U) �4 1114 U I >4W 0 L4 �k 4�a)s4 r,0 .0 of S'U I v F oo(d-.4 (D-H a).k•rI G'4-(�0 0 U 14O � o a H 0 W U)�H a) 4-)y 4-)U^S O O D U 00 0 7 ( 1-4 1)4 z a) I >4 a) Id (d rt 04-1 r-I Q,U W W a Q i HixH(d.Q 0H mN E oHNH W O I H x H W W Ha) x zx1 H zH H U) HW I 1 az W 0 Page 209 of 1207 REQUEST FOR OFFICE ASSISTANCE FROM: 14A C. D Z- Date: *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 121113irect Pay Req.for the attached - Vendor or Person to be reimbursed: Account Number: - - Project No.: Request for Requisition- Vendor: A"LE,) J1_,ff 11MwM Account Number: A01 _ /z/i{ _ _,V2 - 49 _ /7 Project No.: 5 .� 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. pw�— 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: f Request completed Date completed: f® Please sign and return this form to the ce Staff's Inbox; feel free to make any comments below. Page 210 of 1207 tCITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10 i 000 Date: JI3v i Requesting Department: c r Contact Person: 6,411- /VU®7z Explanation for Purchase: - Recommended Vendor Dollar Amount of Purchase Source for Purchase(check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: ids Approvals: Department Head � U Purchasing Agent { 41j + ' Date, j� Date 1 Asst City Manager -�-- Date City Manager Nwil AU-0 Date 2 - Form Revised 02!01/D2 - Page 211 of 1207 ALLIED ALUMINUM LING ®ate Novernber 97®2019 1499SW30thAve. Salta#19 .sa&esttr a6leedaltlreaitlul As- LLIE i Boynton Beach,FL 33426 L6 Lii nse#U-17525 License 94-7491®FX L 0 ! Si 0 L i � i561�736®3967{pl {561)736-3861(fax) � r yMW.ALLIEDALUMINUM.US Community Name: Police Station Proposal Submitted to: Glt ref Bo retell Beae h Gated: Yes No Code# - Billing Address: 222 NE 9th Aye _ - City: Boyrttcrn Beach Ststee FL 2ipe 334_35 � Job Site Address: .2045 BiitJh F�IdcJe load E3usiraesse _ _ Boynton Beeoh,FL 33426 Phone#: Gail Mootz FaX# Ge91: Jeb contact. Tt7tal Fatotag LDt. Email° __ rn®atzgbbfl.us _ Job site Phone#. (561}307-2195 ALL FENCE LINES FAt£sT HF CLEARED BY Gt9sTGMEpk Pl$BO�to installation.A trip charge may be added to contract price if crew is unable to start installation and must return at a later date. Allied Aluminum is NOT responsible for broken sprinklers or lines. Customer is rose mebie for obtaining Homeowner Association approval,and all necessary paperwork required for permit. Customer is responsible for the electrical grounding of fence and for landscaping if applicable. Chain Link 0 Wood ❑ PVC 0 Steel Repair tither: FOOD - PT Height: PVC Height: C Fi Pi LINK Height: WOOD Galt' - Vinyl Wire- Vinyl m SysteVSFS BOB STG FRES ®E FT OTHER: . - Vendor: Residential - Commercial S e: Color: GR SL BR Finish Post space: All Oft aft width 11-1d2 9 Core Gateframe: Metal Wccd Gate: b Colt Wire 0'fop Bottom Cate Hinge Post: 4X4 4X6 6X6 DRAWING NOT To SCALE Top Rail: 1-318" 1-516' Bottom Rail: 1-318" 1-515°' Middle Rail: E3 16316'° 1-51a°° �( Brace&Truss: yes No 3 2ft Line Post: 1-51ft" 2" 2-112" Cor post: 2-1/2" 3„ 4°, 6" GI Gate Post: 2-1/2" 3" 4'° o° loft End Post: 2-112" 3" Walk Gate: 36' 42" 48" 66°' Drive Cate: Size xx� Single ® C9®able Swing ® Slide Windscreen d PIT Slats OYesOND Color: _ Barb Wire: Yes No Remove ex 12X12 x z x be x x X x x X Concrete In Ground: M Yes E3 No double gags and install 1- x ETrai] Core Drill: Y`es No 1Oft high by 1 ft wide single x Mate Mount: Yes No swing gate.Gate area to x Hinges: have a 2ft high header above x Latch: it,and will be installed with x 62AN3P — x x x x x x x x Self Closing: Gate Operator gate operator. Crop Rod: pool yes_ No trate Operator R ENT TEIRM 1 Viking access T21 NX Heavy Duty commercial swing gate operworwith THP DC motor,24VDC Battery Backup,120VAC Input 10,120.00 2 Wired linear AU-11 post keypads mounted on pad mounted gooseneck pedestals(1-inside!11outside) offence t Fab ra if re 1 0enron Photo safety eye Gate w ll swing in of 2 Concrete Pads for keypads n 1 Concrete pad£or gate operator 10,120.00 Electrical to be supplied by the city to gate operator as required. 5,060.40_. $ 5, %00 A 3%surcharge shall be added to all credit card purchases _.-_ __ Customer responsible for sprinkle€'s,electrical grounding,H6A approval and IandscaPa. BALANCE PAID TO CREW UPON COMPLETION Comments/Directions: To whom it may concern: Permission is hereby granted to ALLIEDALUMINUM,INC to act as lily agent and to sign on my behalf as required to obtain necessary permits,easement agreement,landscape agreement,hold harmless letters,drainage permits,and indemnity letters that may be required to obtain permits from the City,county or other authority for installation as stated above. tten ntrast. I I We e read both B oth Ides ath°as proposal traot and the same on theachment I ta ins andeeondFt to any itions printedroron he reverse side and asstatedbove{he front and back of Una g gproposed Allied Representative MikeBrown 561 550-1144 Owner I Representative _ Punt Marne Da{e: Approved by P.A.t of t _. Page 212 of 1207 TERMS and CONDITIONS For the price stated,ALLIED ALUMINUM&RAILING INC.(hereafter ALLIED),agrees to furnish all material and labor for the job described on the front.Any representation by ALLIED regarding an installation date is for the Customer's convenience and is an approximation only.The installation schedule changes daily due to circumstances both within and beyond ALLIED's control due to weather,permits,easement agreements,progress an prior scheduled jobs,obtaining paperwork from customer,measurement of custom orders,delivery of materials,"acts of God.labor,etc.No statement,warranty,implied or expressed,representation or agreement,written or verbal,not appearing upon the tars ofthis contract shall be binding upon the parties hereto.(If applicable)All installation dales are contingent upon approved shop drawings and final field measurements. This proposal does not become a contract until sampled by an officer of ALLIED aro,1 not accepted,any payment will be returned.Price,terms,and other elements of this proposal are goad for 10 days from the submitted date and void thereafter at ALLIED's option.ALLIED expressly reserves all contractor's,mechanie's,and material man's lien rights,which may be asserted under any provisions of law to secure payment of the contractor's price and may assert and fix the same as a lien upon real property on which installation is made.In any litigation arising out of this agreement,ALLIED shall be entitled to recover reasonable attorneys fees and court costs,including but not limited to costs associated with the collection of payment due.It Is agreed between parties that in the event of a lawsuit,venue(ALLIED's discretion)shall lie in Palm Beach County or Broward County Florida. Customer agrees that all materials remain the property of ALLIED until fully paid for.After 30 days,1.112%interest charge per month,18%annual may be charged on past due invoices at ALLIED's discretion.ALLIED is granted and guaranteed unobstructed access and the customees irrevocable permission to enter the property and to remove same if not completely paid for when due.In case the buyer shall become insolvent,refuse or neglect to pay for the material herein provided.ALLIED may at its option, without process of law,retake possession starry or all material wherever the same maybe found.Products stored for an extended period of time(over 60 days)are subject to storage charges and increased labor charges when installed.After 180 days,if customer has not contacted ALLIED regarding long term storage of material,ALLIED may consider the contract void,the deposit is forfeited and any additional costs are promptly due to ALLIED. The purchaser agrees that the fence Ines will be dear of obstructions for a minimum of two(2)feet on both sides of the proposed fence lines,and that the lines will be property marked by the purchaser by stakes or otherwise. If the fence line is not dear when the crew arrives,the crew may dear the fence line and the purchaser agrees to pay$60 per man hour for this service and to hold ALLIED harmless for damage while clearing the fence fine(including damage to landscaping).This will keep the crew working and avoid extra trip charges.Charges may apply if the installation craw arrives and the site is not ready for installation.it is further understood that the customer is responsible for underground cables,sprinkler systems,pool piping,and all public and private u6llties including underground installations such as electric conduit,cables, septic tanks,propane tanks,fiber optic cables,etc,and for the expense of the same.Allied is not responsible for damage to carpets,tile,walls or asphalt.The owner of the promises,or signer,agrees and assumes fug responsibility for drilling,screwing,and lagging into cement walks,sea walls,roofs,and or any poured concrete stmcturs of building. The purchaser agrees that the price quoted he min is based upon average ground conditions,and does not contemplate the encountering of rock,swampy conditions, boulders larger than the holes to be dug,or unusually difficult digging.If these conditions are encountered and if it is necessary to drill,rent equipment or pay extra labor for the setting of posts or the installation of the fence,ALLIED shall be ent'dled to recover from purchaser the cost plus ten percent(10%).tithe use of a digger with auger attachment is required the customer is aware,accepts,and understands that the tires of this equipment may likely damage the lawn and sprinklers.Purchaser agrees and is obligated to pay for extra material and labor that has not been listed in this contract. Some permitting authorities require electrical grounding and landscaping of fence areas.If electrical grounding or landscaping is required for the final inspection by,the Wilding department,it is the customers responsibility to accomplish same and notify ALLIED when they are complete so that the final inspection can be obtained.Any fees or charges incurred by ALLIED due to wstomees failure to complete,or delay in obtaining same,will be the customer's responsibility,and paid or reimbursed to ALLIED.Under no circumstance will final payment be held white waiting for a building department final. The customer agrees to provide and is responsible for obtaining all paperwork and fomes required by the various building departments,or drainage districts in order for ALLIED to obtain necessary permits.This includes but is not limited to:Homeowners Association(HOA)approval,warranty deeds,survey(sealed or unsealed),signed easement agreements,etc.Any costs associated in obtaining necessary paperwork is the customer's responsibility.It is the responsibility of the Customer to order the appropriate fence,gate,or railing that is approved by the HOA.If the purchaser does not supply a survey,the purchaser agrees to be responsible for the location of the fence and the location of the property stakes.H a surveyor is required to mark property lines and I or comers,g is the responsibility,of the customer to obtain the surveyor and pay all costs associated with same. All measurements shown on the front of the contract are approximate.The actual measurements may vary.Custom gates,rails,fence,etc are exactly that:custom. Material may vary,installation procedures may change,and designs may alter from the contrect based upon final measurements,or field conditions encountered.ALLIED shall make any changes which in our judgment may be necessary while on the jobste in order to property manufacture and install the materials.Any changes or deviations from the above specifications or quantities requested by the customer during installation,may require a change order or changes to the permit If changes are required,the customer is fully responsible for costs.If the changes are not allowed,the customer will be fully responsible for material,labor and fees required to reinstall as per the building department requirements. The permit charge included with this estimate is for standard city or county permits only.The Customer agrees to pay for any additional cods associated with this permit. Additional costs may included increased permit fees,courier charges,and special approvals such as:drainage district permits,Notice of Commencements,variances,plan revisions,community appearance boards,etc. All materials specified herein shall be free from defects in manufacture and workmanship and shall be warranted against same for a period of one year.Warranty does not cover acts of God,lightning,goods,vandalism,wind,hurricane,abuse,misuse or any failure not arising from the normal use ofthe product.ALLIED makes no warranty of merchantability or fitness of these product for any particular purpose..ALLIED is not responsible for,and customer agrees to indemnify and hold harmless ALLIED him any damage arising from any personal injury of incidental or consequential damages of any kind that may arise out of the use of these products. Wood is a natural product.All posts,regardless of species of wood will eventually split or crack.The natural drying process causes shrinkage and warpage of wood.Wood changes color when it ages,and may also appear blotchy due to mold,mildew or water stains.All wood fence weights and sizes can only be approxdmate.Gaps can develop between slats as the wood swells and shrinks.All wood slats can have minor gess than 6' splits orcrecks in them.Customer is responsible for staining or painting of the wood. CANCELLATIONS:The buyer has the right to cancel this contract.Home Solicitation(if Applicable):This is a home solicitation sale,and if you do not want the goods or services,you may cancel this agreement by praviding written notice to ALLIED in person,by telegram,orby Certified mail.This notice must Indicate that you do not want the goods or services and must be delivered or postmarked before midnight of the third business day after you sign this agreement.B you cancel this agreement,the seller may not keep all or part of any cash down payment.There are no cancellation forms.A letter from the person signing the contract is sufficient to authorize cancellation.There are exceptions to this cancellation policy.Florida statutes sections 601.023-501.055.IN ALL CASES,at sellers discretion,ifthe order is canceled after 72 hours,16%cfthe contracted amount in addition to any hard costs such as special materials,cost of labor in preparation of contracted work,fees,and permit services will be charged against the customers deposit.The balance will be promptly returned to the customer. Chain Link with options GI r TYPICAL CHAIN LINK HE— t Typical 61 511 Typical 68 high VSB shown on 88 Centers high Page 2 of 2 Page 213 of 1207 N, ANZCO 9671 Carousel Circle South Boca Raton,FL 33434 Phone:561-488-0822 Fax:954-532-2426 Browa rd:754-222-6697 Proposal Date:11/28/18 Proposal No.:112818 City of Boynton Beach 100 E.Atlantic Boynton Beach, FL Attention: Gail Mootz Reference:Temporary Boynton Beach PD Dear Gail, We propose to furnish supervision, labor, materials and equipment to perform the following scope of work: Fencing/Gate 1. Remove existing 12 X12 double gates 2. Furnish and install 1-10'-0"X 12'-0"swing gate 3. Gate to have 24 'high transom 4. Includes gate operator Total Cost for above=$11,500.00 If you have any questions please do not hesitate to call. Sincerely yours, John B. Zak Page 214 of 1207 Anschuetz Aluminum Two Inc. • l t@ 1649 SW 1 st Way - Suite#2 Date Estimate# Deerfield Beach FL 33441 11/20/2018 18-311352 Name/Address City of Boynton Beach 222 NE 9th Ave Boynton Beach,Florida 1 FL 33435 Gail Mootz P.O.No. Project Gate 2045 High Ridge Road Item Description Qty Ulm Rate Total Custom Fabricat... 10 FT Tall by 12 FT Wide Single Swing Gate.It 1 ea 14,000.00 14,000.00T includes a 2 FT Tall Header to be installed above the gate,along with a gate operator. Existing 12 FT Tall by 12 FT Wide Double Gates to be removed. Sales Tax 6.00% 0 Signed Estimate and 50%deposit is required before fabrication can begin. Total $>1 <00- Signature 1 :00Signature Page 215 of 1207 56AIT 0140?6 7e vEAIDO es Chain Link Wood ❑ PVC M Steel ❑ Repair Other. CHAIN LINK Height: WOOD - PT Height: PVC Height: Galy - Vinyl Wire - Vinyl System VSB BOB STO PRES Color: Residential - Commercial DE FT OTHER: Vendor. Color: GR BL BR Finish Post space: 4ft 6ft 8ft Style: Gauge: 11-1/2 9 Core Gateframe: Metal ❑Wood❑ Gate: width Coil Wire 0 Top ❑ Bottom Gate Hinge Post: 4X4 4X6 6X6 Top Rad: ❑ 1-318"❑ 1-518" DRAWING NOT TO SCALE Bottom Rail: [] 1-318" ❑ 1-518" Middle Rail: ❑ 1-3/8" ® 1-5/8 Brace&Truss: ❑ Yes ❑ No Line Post: 1-5/8" 2" 2-112" �� h. I P t 2ft Cor Post: 2-112" 3" 4" 6" Gate Post: 2-1/2" 3' 4" 6" End Post: 2-1/2" 3' 4" 6" I Walk Gate: 36" 42" 48" 60" - loft J N _ vleW Drive Gate: Size Single - Double Swing - Slide � Windscreen/PVTSlats ❑Yes❑No ' ' -• -- Color: e Barb Wire: ❑ Yes❑''No Remove existing 12x12 X x x x x X x X x x Concrete in Ground: 11 Yes IJ No double gates and Install 1- X Trailer Core Drill: N Yes❑No 1Oft high by 12ft wide single X RAMP Plate Mount: ❑ Yes❑No swing gate.Gate area to X ��1 P t V 1 f'W Hinges: have a 2ft high header above X Latch: it,and will be installed with X Self Closing: Gate Operator gate Operator. X x x x x x x �x Drop Rod: Pool: ❑ Yes ❑ NO Gate Operator PAYMENT TERMS 1 Viking access T21 NX Heavy Duty commercial swing gate operator with 1 HP DC motor,24VDC Battery Backup,12DVAC input Price $ 2 Wired linear AD•11 post keypads mounted on pad mounted gooseneck pedestals(1-inside I VmAside) - offence Est Permit Fee 1 Omron Photo safety eye n 2 Concrete pads for keypads Gate will swing in - /" ` $ 1 Concrete pad for gate operator Total $ Electrical to be supplied by the oily to gate operator as 2096 AhA# 1'® 1o' required. Page 216 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH, FLORIDA 33425-0310 DATE:#12/1/18 570 VENDOR 17389 SHIP TO: TO: PANTHER UTILITIES, INC. City of Boynton Beach 1383 BEACON CIRCLE PUBLIC WORKS DEPARTMENT WELLINGTON, FL 33414 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72606 ORDERING DEPARTMENT: ENGINEERING/AGGA/GD DATE NEEDED: __ _ •• - BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 1500.00 DL MOBILIZATION 1.0000 1500.00 2 4500. 00 DL SANITARY TIE-IN TO EXTSITNG OR CORE EXIST. M,W. :. 1.0000 4500.00 3 6500.00 DL SANITARYSEWER CL1 SIV p DIP 1.0000 6500.00 4 3800.00 DL SANITARY SEWEp CLEAN O1 PVC 1.0000 3800.00 5 13780. 00 DL SANITARY SEWER " DI,P LATERAL ] .0000 13780. 00 6 8050.00 DL SAIITTARY ,SEWER 6"..::PVC LATERAL �C_ fl0y. 1:,0000 8050. 00 REMARKS PLUMBING .FR .SARA ;S.IMS 4 . PROCUREMENT SERVICES: P.O. TOTAL: 38130. 00 ACCOUNT NO. PROJECT 302-4218-572.63-05 RP1820 PURCHASING Page 217 of 1207 W 00 1 H H i I I H N W I N N P7 I I I r•I H U Mp-I I 60 0 0 0 0 0 N E r.G I I 0 1% I p o 0 0 0 m Ion a I I •aH I Ln IjI 111 w C- o Q O I I H H W U H W w M rr4 W PO QI H A wwz I I HM WIx w I w H>A H H MA 1 azz�zz+++ Q I WOOa I xV)U]W I IwH xH I uw I Izahhw I OO]m I Q M M I I I WHA I O O O O O O A H I O O O O o O O > O O O O O O U z V1 I O O O O O O O I I o1 Z w0 I I I O O O O O O H HU I o 0 o O o 0 o I o 0 0 0 0 0 I O O O o a0 In M I I H H H H H H W I In N Ln OD C• O H I I W H M V) v v v v v v H I o > > > > > > -.. HHH i 0 0 0 0 0 o O 0000 i Z O O O O 0 w H Hv1 I o a 0 0 0 0 0000 0 A I o 0 0 0 0 c Z Coco O E E E E N a U i O O O O O O E o OooLn I H H H H H H O H H OCI I C• W I H r-1 H H H H E H C O Ow ,� ',� -k4 -14 H M C•o Ln H S4 Sa S4 LI �4 M A o zFz I Z m HHo0\ R! 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NOTE: Pdaing prqwsal for pumhess must be presented In the same deWl oontWned WO*the contua Fund Source r Purchase- 302-4218-572-63-05, Project#RP1 020 I Department Head = �� _ Date Purchasing Agent Date /z,I1y e' AW City Manager _ ., �. m .. ._ Date City Manager Date - Form Revs 47Ja1ro2 Page 220 of 1207 Greco-Arencibia` Adrianna From: Javier,Andrea Sent: Tuesday, November 20,2018 5:28 PM To: Greco-Arencibia,Adrianna Cc: Miller,Keyla Subject: RE:Lion Certificate of Insurance For:CITY OF BOYNTON BEACH Attachments: Panther Utilities-WC.PDF, Panther Utilities-GL.PDF The attached meet City requirements. Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management 6 Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 <g Physical Address:3301 Quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 561-742-6044 j JavierA@bbfl.us 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:Greco-Arencibia,Adrianna Sent:Tuesday,November 20,2018 3:23 PM To:Certificate of Insurance<COI@bbfl.us> Cc:Javier,Andrea<IavierA@bbfl.us> Subject:FW: Lion Certificate of Insurance For:CITY OF BOYNTON BEACH I apologize, here is a 2nd email received with regards to the COI 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 ED Greco-ArencibiaA@bbfl.us boynton-beach.org/ RE i Page 221 of 1207 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:Samantha Stoll<Samantha.Slioninsurancecomany.com> Sent:Tuesday,November 20,201810:33 AM To:Bruce@oantherutilities.com Cc:Greco-Arencibia,Adrianna<Greco-ArencibiaAtabbfl.us> Subject:Lion Certificate of Insurance For:CITY OF BOYNTON BEACH IMPORTANT NOTICE FOR SOUTHEAST PERSONNEL LEASING LI ! Southeast Personnel Leasing Workers'Comp Policy renews January 1 of each year.All certificates issued for cities,counties,village of,town of, etc. in 2018 as well as all other certificates issued after July 1,2018 will be automatically renewed. If you are needing any certificates issued prior to July 1, 2018 renewed or have any issued after July 1,2018 that you do not want renewed please notify the certificate department as soon as possible. Certificate holder lists can also be obtained by contacting the certificate department. Please send any responses regarding certificate renewals to certificates tlioninsurancecompany com. This electronic communication is confidential and protected by legal privileges and work product immunities. If you are not the intended recipient,do not use or disseminate the information contained in this electronic communication. Receipt of this electronic communication by anyone other than the intended recipient is not a waiver of attorney-client or work product privileges.If you have received this electronic communication in error,please notify the sender immediately and permanently delete the original and any copies or printouts thereof. 2 Page 222 of 1207 A ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDM'YY) __L11/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder is an ADDITIONAL INSURED,the policy({es)must be endorsed. N SUBROGATION 13 WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: $arbor Insurance PHONE (772)461-6040 � No: 111z14s4-zais 6645 S IIS Hwy 1 ADDDRESS, erin.browntiharboria.com __. INSURER S AFFORDING COVERAGE NAIC N Port St Lucie FL 34952 INSURERA:Wilshire Iasuraace Com an 13234 INSURED -- INSURER S:_ Panther utilities Inc. 1393 Beacon Cir INSURER C: ---- INSURER D: _- INSURER E: Wellington FL 33414 INSURER F: COVERAGES CERTIFICATE NUMBER:a018-19 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. 11aSIR AD®L SOSR LTR TYPE OF INSURANCE POLICY NUMBER M��p;yriY MMID"Y YYY,„ I LIMITS 8 COMMERCIAL GENERAL LIABILITY --- EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE Q OCCUR DAMAGE TO RENTEli-- K CL00249639 4/13/2018 9J13/2019 100,000 PRFrM€9ES fEe acUU�egcc $MED EXP(Any one person) $ 5,000_ PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 ECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY 1:1 _OTHER: -$- AUTOMOBILE LIABILITY INEDSING IT $ Ea acct nt, _ ANY AUTO ALL BODILY INJURY(Per person) $ r OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident)' $ HIRED AUTOS NON-OWNED AUTOS PR�OPPERTYDAMAGEacci -$ AUTOS UMent BRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE - 'AGGREGATE $ _..DED RETENTION$ $ WORKERS COMPENSATION --- _- PER OTH AND EMPLOYERS'LIABILITY YIN' TA -,'T'E !Y - ANY PROPRIETORMARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (_yes, terrydescribe b NH) � E.L.DISEASE-EA EMPLOYEE $ If yes,describe under --- - DESCRIPTIONOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remade Schedule,may be attached if more space is required) The City of Boynton Beach, its Officers, employees, and agents are included as additional insured with respect to General Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION Greco-ArencibiaACbbfl.us SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 100 East Boynton Beach Blvd ACCORDANCE WITH THE POLICY PROVISIONS. FBoynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE I Eric Austin/ERBROI + 0 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(M1401) Page 223 of 1207 INSURUNC y CERTIFICATE TE OF LIABILITY rtifitareisissaed E - 11/20/2018 Producer: PI mouth Insurance Agency as a matter of information only and confers no 2739 U.S. Highway 19 N. M®hts upon the certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below, (727)938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc.&Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurers: Holiday, FL 34691 Insurer C. - Insurer D: Insurer F- Coverages The policies of insurance fisted below have been issued to the ensu nam above or the pe icy peri mdioated. Notwfthstanning any requirement,1:11111111111:111 condition of any contra oro other ocument wilh respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the tones,exclusions,and conditions of such policies.Aggregate Itrtdts shown may have been reduced by paid claims. INSR ADDL - -- _-- Policy Effective Policy Expiration ---- LTR INSRD Type of Insurance Policy Number Date Date Limits (MMlDDNY) (MM/DD/YY) ENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(FA Claims Made Occur occurrence) 3 __ ----- Med Exp General aggregate limit applies per: Personal Adv Injury a Policy 13 Project13 LOC General Aggregate Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Lirrtit Any Auto (FA Accident) All Owned Autos Bodily Injury Scheduled Autos (Per Person) Hired Autos Bodily Injury -.... Non-Owned Autos (Per Accident) _.. _. ... Property Damage (PerAccident) n EXCESS/UMBRELLA LIABILITY Each Occurrence - Occur Claims Made Aggregate Deductible -- A Workers Compensation and WC 71949 01/01/2018 01/01/2019X wC Statu- OT Employers'Liability to Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 other Lion Insurance Company is A.M.Best Com any rated A(Excellent). AMB#12616_ Descriptions of OperationslLocationsNehicleslExclusions added by EndorsemenUSpecial Provisions: Client ID: 41-65-166 Coverage only applies to active employees)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Panther Utilities Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.air Subsidiaries active employee(s),while working in:FL Coverage does not apply to Statutory employee(s)or independent contractor(s)of the Client Company or any other entity, A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or by calling(727)938-5562. Project Name: ISSUE 11-20-18(SS) -- In Date:30 Y2 200 CERTIFICATE HOLDER CANCELLATION - 8 CITY OF BOYNTON BEACH Should any of the above described policies be cancelled before the expiratio�datre,,If,the issuinginsurer will endeavor to mail 30 days written notice to the certificate holder neft,but failure todo so shell impos9 no obligation or liability of any kind upon the Insurer,its aesentatives.100 E.BOYNTON BEACH BLVD POMPANO BEACH, FL 33435 Page 224 of 1207 Greco-Arencibia, Adrianna From: Dunmyer,Gary Sent: Tuesday, November 20,2018 3:17 PM To: Greco-Arencibia,Adrianna Subject: 3 things Attachments: Panther Sara Sims Park -Sewer .xlsx, Fosters Marine.pdf;Jackson Land Development- Drainage and Sewer bids-Sara Sims Park.pdf; RE:Sara Sims Sanitary Sewer Service Bid Request-email 1 of 2;Johnson-Davis Sara Sims Park- Plumbing BID FORM.xlsx;Sara Sims Park-Water Bid.xlsx Adrianna, Three Things: First: Regarding this account: 501-2516-519-64-33,This is what we spent: FY 17/18 $261,058 FY 16/17 $172,915 What did we budget? In other words, did we budget$400,000 last year and only spend$261,058? Also how many cars did PD order last year? Second and third, We should receive the COI and W9 from Panther Utility tomorrow. I need two requisitions: One for: Sara Sims Plumbing Bids TOTAL Johnson-Davis $36,290.00 Fosters Marine $48,960.00 Panther Utilities $36,261.00 �G And the other for: Sara Sims Sewer Bids TOTAL Johnson Davis $38,170.00 Jackson $52,000.00 Fosters Marine $71,956.50 Panther Utilities $38,130.00 For the sewer bid—I had you do a requisition for Johnson Davis,however,they are no longer the low bid. So cancel that requisition. The account for both of these requisitions is: 302-4218-572-63.05(RP1820) 1 Page 225 of 1207 The Bids for each are attached. Gary Gary Dunmyer, MBA, P.E. e City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6231 DunmyerG@bbfl.us a , boynton-beach.org/ .,, 11 W 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. 2 Page 226 of 1207 C 0 0 0 000ccootUF M M LO to to co ti 0 r 00 Tl- i IGO 44 N 0 0 0 0 0 0 V 0 0 0 0 0 0 000 O CO LO Z OOOtoto m totom � H369 c r o r _W 619- LU F}J M J U M �jIF J G 'p = z LL WWWWJJ d z �.+ W O p = Q �- r to rt O O m z C co N Z w s � cva cc �� o0 X CD _ o U U H 0a > ( O 0 E O °? ooa T V LIL O 0 = J J O ///��'6 n O O a > C� V a W 0 a) Esdc c i CO N 3 oUUcoco L L L L y— E V� c 3:; 3 O 0 1— c a� a) m a� a) Q U) � oi= cncf) cnrn '41W i C — Co M m cc m \V 0 c c c c c U) y W cn cn u`i cn c� ti 1 Page 227 of 1207 0000 00000 ' � O ci ci o O O LC) N Or'", r., p - O T T O r T CO N cfl c0 E 00 T T w CY) 1 � 6f} v> 64). w. 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Q z L#)Lu � Z a ujO v a-i N M V j W Page 228 of 1207 _ o C30 Lt) Q cli to 40 40 f J � ooao �_ u�i .CL 69 `o C p� EA a � � m m W � LL _IJ 17 c co m £ a N N c � V Q W 7 U G r N m v O a C CL = w o ` o C o -� E ° c c 3 Em C4 4- m L t/4 H V " b3 CL , E m Q m ma m o v i� JCL _ O H W O Z4V 'a h ' Oa G p C O• 0 m Lat5 C9 m y o ° o o C pXmj T® LL �+ S (� = C O r y C Q tr S _O {p.. m C ® v '® = T G ate+ LO0 co Cc, w y E E 6 - 1= [n CON c -Q .,� n v a 1� o �° v y l� ate+ '+ c/1 fn CO) t!J (A @ O Z > - z G Q u 6 w V rn Q Q `U Z N 4 GL. d Q -. '�'r rl N K! CY Ln w I, co Q1 O E 'i A Page 229 of 1207 FOSTERMAWNEt . C. NTRACTORS,INC. j18 FAIRLANS FARMS Rpp p,_SERIi I WWELIINC'rON,F1.ORMA 33414 PHONE 56I-68}ppu FAX:561.6830335 Proposal To: Mr.Gary Ounmeyer CFty of Boynton Beach November 1,204$ _ — E-Mail DunWerC,(cr�bbfl us Sara Slims Park Water an d Sewe r Item# DeaCriptton Y Unit PrIchTotal l i � � I GENnt co�oRtoNs - II - t {Mobplzetion I General Cond6ons f LS 5,000.00' I Equipment Mob)Demob 5.000.00 Included Density tesflng Bygthers Staking and L9youtlA$4iuilt$,. Byothers �PremonstriA t n Vi08oandConsUuctlonPhQtugraphs - 1 Included , Bonds and Insufanee " I Sond Premium Add 2%to ContractAmount If Requlred i I I _ C 1 su r General �,w�,ae Water Service - 2 IVlataitenepcg of Trafhe On-Bile ey Others 8',*4"Tapping:Sleeve and Valve 1. I LS 5000.00 IIII V Gate valve Es Ea M00.00 1 5,900.001 - 8"RPFf 1,600.001 - LS 4,800.001 4,600.00! 2'Meter Box and Frain 2r M e�f. . elerby CRY) t Ls fs .otl i - o91soo.00 , 80lards 2-Meter 13"RPZ Assembly 00 4 Ea 1150, 3.400.06 I " 6 Page 230 of 1 07 j Item# Descriptlon ( Q.ty I Unit Pricing Total 4 V:Service pipe with Fittings 260 LF 2900 7,540.00 Service pipe with Fittings (Connection to Restroom 4 rSuilding by Plumber;irrigation to and Including Curb 215 LF $16D.00 Stopi'Meter Boxi Piping f Deter from Curb Stop by others) 4 1.6"Service pipe with Fittings L340 LF 21.00, 7,140.00 I 5 ry v -4 �1- Service pipe with Fittings 240 LF 18.00 4,320.001 ...m. i 4 1 Self Closing Hose Bibb 4 Fa 500.00i 2;000.00 f t 4 Sample Points 3 Ea 500.00 1,500.00 SubUM Wit 43,11WO l I Sanitary Sewer f 2 Maintenance of Traffic for NW 10th Ave Connection 1 j LS 3,900.00 3,009 SD i S Connect to eztsting main with Tap Wye on N1N 10th Ave t LS 6,1111) 00 �11,830.00 1 6 6-C-900 PVC(0.6) 212 LF 55 00 8 6'DIP.(U=8} 252 LF BS.QO 22 360.001 10 Cleanout (6")-Inline on Main w/Cont Collars 9 EA 1,400.001 1000.00 I 9 4'sanitary,lateral to T of Building w/4"Cleanout 1 EA 1,300.00 1,417.00 11 4"Sanitary'Sewer Lateral connection t6 building By Plumber j 7 jCompliance Testing for Sanitary Sewer 7 LS j 51200.00 6.200.0111 7 ;RemovelReplace Asplialt Roadway'Repair at Sanitary i LS 7,000.00 - 6,890.00 _. ._. Sewer Conneetimon 4W I th Ave j 7 it iii 7 Overlay Asphalt Roadwayl Striping'Restoratian cn p By.Others 0th Ave . _ � _- Sub6ola�.Seweir� 669a6.5Q Tt:ilai Bid/4mottnl 115,91e,Si1, Prices include:All labor;equipment and materials(as noted)for work per plans titled"Sara Sims Park improvements"W Kimley-Horn dated July,2018 uv/no revisions per the specific scope above. Prices Exclude: Passing Testing Costs;Permits fee_s;,Staking an Layout/As-Builts and Removal/ Replacement of Unsuitable Material Respectfully, Howard `ght j(€ 2 Page 231 of 12b7 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,BLORIDA 33425-0310 DATE:4 : 190571 12/13/18 VENDOR 17389 SHIP TO: TO: PANTHER UTILITIES, INC. City of Boynton Beach 1383 BEACON CIRCLE PUBLIC WORKS DEPARTMENT WELLINGTON, FL 33414 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72607 ORDERING DEPARTMENT: ENGINEERING/AGGA/GD r ®.® =DATEEED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 1500.00 DL MOBILIZATION 1.0000 1500.00 2 3200.00 DL 2" WATER METER 1.0000 3200.00 3 4800.00 DL 3" REDUCEDPR:E88- E ZOL�TE 1.0000 4800.00 4 1200.00 DL 3/4" HpSE EIg ASSFM$LY PER :` 1.0000 1200.00 DETAILS : ,. . . 5 3600.00 DL WATER SERVICE' 1" PVC. PTFE 9 .0000 3600.00 6 3465. 00 DL WATER ,SERVTCE: .1.5" PVC..PIPE 1 .0000 3465.00 7 3750. 00 DL ;' WATER SERVICE 2" PVC PIPE � 0::000 3750.00 8 4725.00 DL WATER SERVICE 3!' PVQ PAPE 1-60 0 4725.00 9 500. 00 DL. WtR SERVICE REDUCERS I.:01 'go 500.00 10 221.00 A- ; WATER SERVICE PVC FITTINGS1 QQQ;O. 221.00 11 500. 00 DL ROUGH &. FINAL. PLUMBING OF :THE 1 000 500.00 RESTROOM` 12 4300. 00 " 4:" TAPPING'S D.L.DLLEEUE .& VALVE 1 Q0'0:0 4300.00 13 4500.00 DL': 4".X2`" TAPPING. SADDLE & METER 1 0000 4500.00 REMA KS WATER & SEWER FOR SARA aIMS PROCUREMENT SERVICES: I P.O. TOTAL: 36261.00 ACCOUNT NO. PROJECT 3 02-4218-572.63-055 RP1820 PURCHASING Page 232 of 1207 OD CD I I I H .-•i I I I \ \ I 1 I ri N N N \ \ I I Ul I ,-I ,-1 .0 I E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i UzU R0 0 0 0 0 0 0 0 0 0 0 0 0 0 W w I I H KC I 00 O O OO Idl O Ln' O r-1 O O O r-I O O O O O l0 Ln N O N0 O O LO I I Al • m N w N w 3' L— L� m N Ln M m N A Q I I W O z r-I m v H m m m v dI 1w m y+ I I HUH 1 p] I E I H R: I I azH I a I01- wI I x z I q WWO ^� jr4 w Ez I I roil 0 0 I I zaw1-D i Pi 41 N 000 m I A m m I 6ww_ I I z I^ v I I I W r-I I O O O O O O O O O O O O O I O 'J I O O O O O O O O O O O O O M U 1 O I I eW z 1 I I O O O O O O O O O O O O O H I H I I O O O O O O O O O O O O O I 10 I I ri H H ri H H ri ri ri ri ri ri rl Y� C w C C C C C C C' C C F4 I m Ul I N w v () Ol 0) O 0) 0) d) Q) w N H I W I 5 5 F= E r= E r= F= F= E E E I E H O y 5 5 5 y y 5 5 a p O O O O O O O O O O O O O H I a c o o I z $-1 )-I Si Si S-1 k P {•1 P $4 P P {.I RI Cl, R RI Cl R Lll f� CL s� p, RI C C, z o0o i 0 6 S E 6 6 E E 8 E E E w 0 I F O 000 I H H H H H H H H H H H H H O H I H W � H W 1 E E x100 I .'� .'`� .S? 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H .... H.. . IUj .... N.. .. N.. .. IUi .. .. Z z Z FI I FEO H0 WEO WHO aE0 PiFOQ PIHO p�[�y0 R�S[�-0 aE0 GH+HO PaEO PaE�+O rSiHZ xH'E UHX mH,s,' WH$ WH WHA WHO WH0 WH H HH U NQX wA£ AQE OAE mAx can mom MQE MQE MQE IaQE FA£ EA$ 0 HOO F00 A00 woo 00 X00 BCH'`' M a HEM 3zM a£W = E� WEU w£pOp77 �,x7EO�q x U xxU Ix MZUU _ ° = 000 a w £UM NUU UM "'Um F4Um um Urfa gumA SUW O Ul oUp MUW UQ I coLn a rHi N M I � � Page 234 of 1207 CITY OF BOYNTON" BEACH REQUMT FOR PIURCHME OVER 10P000 6= Date: 12/7/2018 RequestingDepartment: PW-Englneerfn Contact Person: Gary Dunmyer E.xpi n on for Purchase: Sara Slms water and sewer Recommended Vendor Panther Utfli#les v..��—�� Ilar Amount of Punch :-_�,.. ..Bounce for Pur+c a(check ch backup materials): Three Written Quotations ® GSA State Contract PRIDE/RESPECTSNAPS Sole Source Piggy � Budgeted Item Emergency Purchase Other Contract Number. NWE: Pridng propossi liar purchase must 6e premorted In the Wne deW contained wRhe►the awma Fund Sourmce for Purchase: 302-4218-572-63-05, Project#RP1820 v N provais . l Department Headk --� ��-_.� _ Date Purchasing Agent _ _� -� Date 12- Asst 2_Asst City Manager Daae rty Manager �C �._ .. m _ —m Date v i Fvnn Revised 0?J01 v Page 235 of 1207 Greco-Arencibia, Adrianna From: Dunmyer,Gary Sent: Tuesday, November 20,2018 3:17 PM To: Greco-Arencibia,Adrianna Subject: 3 things Attachments: Panther Sara Sims Park-Sewer .xlsx; Fosters Marine.pdf,Jackson Land Development- Drainage and Sewer bids-Sara Sims Park.pdf; RE:Sara Sims Sanitary Sewer Service Bid Request-email 1 of 2;Johnson-Davis Sara Sims Park- Plumbing BID FORM.xlsx;Sara Sims Park-Water Bid.xlsx Adrianna, Three Things: First: Regarding this account: 501-2516-519-64-33,This is what we spent: FY 17/18 $261,058 FY 16/17 $172,915 What did we budget? In other words,did we budget$400,000 last year and only spend$261,058? Also how many cars did PD order last year? Second and third, We should receive the COI and W9 from Panther Utility tomorrow. I need two requisitions: One for: Sara Sims Plumbing Bids TOTAL Johnson-Davis $36,290.00 Fosters Marine $48,960.00 Panther Utilities $36,261.00 X And the other for: Sara Sims Sewer Bids - TOTAL Johnson Davis $38,170.00 Jackson $52,000.00 Fosters Marine $71,956.50 Panther Utilities $38,130.00 For the sewer bid—I had you do a requisition for Johnson Davis,however,they are no longer the low bid. So cancel that requisition. The account for both of these requisitions is: 302-4218-572-63.05(RP1820) 1 Page 236 of 1207 The Bids for each are attached. Gary Gary Dunmyer, MBA, P.E. rr City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ d N 93 61 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. 2 Page 237 of 1207 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000000 0 � � ooco00 �riouio � 000 r r 0 00 00 00 " o N o 0 o {� 0 0 LO N O NCO It � h O N 0 M 0 {'V N r M ',t r Ch M M q7d d• a M M E9- C!? 60 61} 60 6% 69 6f3 b9 dg 4fl E!> 61% Q 0 0 0 0 0 a O 010 0 0 0 0 U O O O O O tl� 0 0 0 0 0 Z a 000063 - r � O � 000 � N o0 M � 6c3 6% Tr Ef3 tn. 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O O O w 0 U)l 00 O O O O O Q_ 00 000 6C., 69 E9 EA LLC) 6s N (0 O 19f C95 V-: Lci Cli CU m ( aaaLLLLLLu. aacnaa > W W WJJ -JJW WJW W r r 0 0 0 O M I� r r r E o M co 0 � r d M M N t o E E 2 L mcua) y t E ' � O m c CLQ.a an 0) 0-a C J[ o �EUE — " - � TE > a » = � > a� v Q i N Q r r CV CM S � � C 0 N (D O rn Z a n c ii c c O 0 � � � � � � � m � d La = L r 2 m .a+ ( +(1)+ ate+ CD Rt Q ca m ca (a m m o X x + � ♦ - - Nm M � � � � � � � -co et' ujti Page 239 of 1207 FoszER ivr4 CONTRA.... ORS,INC. 31 BO F�g11tL,!'a16'FARMS RQgD,SUt'rE 1 WE1.1-m mtoN,MOMA 33414 PHbN6c.i6i-G83-003¢ ..FAX:.icl'683-0335 Proposal To:Mr.Gary Dunrheyer City of Boynton Beach November'1,2018 E-Mail DumnyerG rcbbf us Sara Slims Park Water,an d Sewer m Dawd0on Qty Unit Pricing Total I I GENERriL•�4l�OlTfO�lS � _ 1 �Mobilizatton l General Gondtlops l1 V LS - . 5000:00 5,000.00 EgulPm_W 1 0b 1 Qamob Included. I Qensky testing _ _ fSyothers S.tamnpand Layout/As-Bullts Bynthers pnonst[uctlon Video and ConSpucUon Photpgraphs Ingluded Bonds and Insurancs Bond Pn3mturn Add 2%to Conte ct Amcunt it Required I _ Subtotal Derr Ipondidam:15 006' Water Service 2 Malntene"wofTrafFic.or-Site ByOtliers 8"z 4"Tapping S.1"Ve and Valve I 1 GS 5,009A0= S,ODOAO� 4"Gate Valve: i Ea 1;800:00 1,800.00111 c ; 3" Z 7 LS 4,800 OD 4,8001001 2 Meter BGIF.and F it4ings(2"Meter by City): 1 ( LS 1 400 09 1,s00.,00� 8011ards @ 3"Meter)3"RPZ Assenbly 4 Ea 850.60" 8,400.60 1 Page 240 of 1207 - unit Pfkh o Tonal kem#� Description �y ( 4 3"$styles pipe with Fittings 260 CF `1,9.00 7540.00 2'Service Alpe with Fiftings (connection m Restroom 4 Building by Plumber215 LF 24:00,Irrigation to and including Curb 5.160.00 Stop1 Meter Box;Piping 1 Meter from Curb Stop by zithers) $ IV'Service Pipe with Fittings 3.40 LP 21.00 { 7,140.00 4 1"Service pipe with Fittings 240 LF 18.00 4,820.00 4 Self Closing Hose Bibb 4 E. 5010.00 ( 2,000.00 4 Sample Points 3 Ea 500:001 1500Ai) ft. SatintarY Sewer 2 IMaintenanas of Traffic for NW 10th Ave Connection ( i LS 3,000.00I 3,p0$,50 t Connect to existing main with Tap Wye on NW IDih Ave 1 LS 61000.00 5,680.00 8 8"C.eDO PVC(0-6) 212 LF 55.001 11,830.00 6 6-DIP(0-6) 252 Lf 86.00? ( 22,360.00 10 Cleanout(6")-Inline on Maia wlConc Collars 9 tJt 1,400.00; 10,660.00 9 4"sanitarylateial to 6'of Building w14"'Cleanout 1 EA 1;300.00 1,417.00 11 4"Sanitary Sewer Lateral c0.11neaion to building By Plumber I 7 Compliance Testing for Sanitary Sewer 9 LS ( - 5,200 001 - 5200.00 7 Remove(Replace'Asphak Roadway Repair at Sanitary 1 LS 71000:00 Si890A0 Sewer Gonne lotion NW ifthAve Mill 1 Overlay Asphalt Roadway/Striping Restoration on 7 By Others NW il0thAva i - .SubloW$evrer tfi,BN.S� 7'tafail d Affic unf � 115,91i6 58 l _ . m.� Prices include:All labor;etjtiiplrlent and ni tt;rials(as noted}for work per plans tiled"Sara.Suns Park.. Improvements"by Kimley-Hom dated July 2018 wino revisions per the spLcifi.scope above. Prices Exclude: Passing Testing Costs;Permits fees;,Staking an Layout/As-Builts and Removal f Replacement of Unsuitable Material Respectfully, Howard ght x Page 241 of 1207 '4 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 11/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER _ NAm; Rrin Brown Harbor Insurance PHONE (772)461-6040 FAX i��slaen-sacs 6645 S IIS Hwy 1 ADDRESS: erin.brown®harboria.com INSURER(Sl_AFFORDING COVERAGE NAIC It Port St Lucie FL 34952 INSuRERa Wilshire Insurance Company 13234 '..INSURED INSURER 8: Panther Utilities Inc. INSURER C: 1393 Beacon Cir INSURER D INSURER E Wellington FL 33414 INSURER F_: COVERAGES CERTIFICATE NUMBER:2018-19 toaster REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR _.... .._.. i.TR TYPE OF INSURANCE AD04,Si9i3R POLICY EFF POLICY EXP POLICY NUMBER tMWDDNYYY3 tMV00D1yyYY1 LIMITS X COMMERCIAL GENERAL LIABILITY £ACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR --DAMAGE TO RENTED _ -.... PR>?1v11.g,t n 4s4glerr��i $ 100,000 A GT,00299639 4/1312018 4/13/x019 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENIAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 '. X POLICY❑JE 0. �LOC _.. PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ _... AUTOMOBILE LIABILITY COMBINED E LIMIT $ !EB ceident i ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED -........m.r....wm�..� AUTOS _AUTOS BODILY INJURY(Per accident) $.... HIRED AUTOS NON-OWNED PROPERTYDAMAGE AUTOS {Per accidenti $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR _ CLAIMS-MADE I DED RETENTI AGGREGATE $a, - $ WORKERS COMPENSATION .PER OT, EMPLOYERS'LIABILITY �,I N ,_, ;S,TAT, I TE _ „ER _ ANY PROPRIETORIPARTNERIEXECU71VE E L EACH ACCIDENT __....._. OFFICERIMEMBER EXCLUDED? ❑NIA H _ $ (Mandatory in NH) E L DISEASE-FA EMPLOYEE $ If yes,describe under -. _.. DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Boynton Beach, its officers, employees, and agents are included as additional insured with respect to General Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION Greco-ArencibiaA@bbfl.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Boynton Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 100 East Boynton Beach Blvd ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE Eric Austin/ERBROl 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) Page 242 of 1207 CERTIFICATE OF LIABILITY INSURANCE 11//20/2018 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder.This certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727)938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc.&Subsidiaries insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurer B: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages - heo id pes insurance I stetl below ave een Issuetl to the insured nam above or a poicy peno indicated. No standing any requirement,term or condition o any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described No is subject to all the terms,exclusions,and conditicns of such policies.Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration LTR INSRD Type of Insurance Policy Number Date Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA Claims Made Occur occurrence) 1, Med Exp 51 General aggregate limit applies per: Personal Adv Injury , Policy 13 Project 13 LOC General Aggregate Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit Any Auto (EA Accident) All Ovmetl Autos Bodily Injury --- Scheduled Autos (Per Person) Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage_... (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ®Claims Made Aggregate Deductible -- ---- A Workers Compensation and WC 71949 01!01/2018 01/01/2019 X WC Statu- OTH- Employers'Liability torYLimits ER _ Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 Other Lion Insurance Company is A.M.Best Company rated A(Excellent). AMB#12616 Descriptions of Operations/LocationsNehicies/Exclusions added by Endorsement/Specpal Provisions: Client ID: 41-65-166 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Panther Utilities Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or by calling(727)938-5562. Project Name: ISSUE 11-20-18(SS) -- in Date:10 112.2008 CERTIFICATE HOLDER CANCELLATION CITY OF BOYNTON BEACH Should any of the above described policies be cancelled before the expiration date thereof,the issuing Insurer will endeavor to mail 30 clays written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. 100 E.BOYNTON BEACH BLVD POMPANOBEACH, FL 33435 Page 243 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101P. P.O. #: 190577 BOYNTON BEACH, BFOLORIDA 33425-0310 DATE: 12/13/18 VENDOR 16625 SHIP TO: TO: AVIROM & ASSOCIATES, INC. City of Boynton Beach 50 SW 2ND AVE, STE 102 .PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33432 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72614 ORDERING DEPARTMENT: ENGINEERING/AGGA/GD ® I° DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 750.00 DL LAYOUT 5 CATCH BASINS 1.0000 750.00 TASK ORDER U-5-03, Bid No. 067-2821-16/TP Field 4 .hours @ $750Q:Jhour` $600 PLS 1h @ 0. ho $150 QO ::;` 2 975.00 DL AS BUILT' 5 CATCH. BASINS 1.0000 975.00 Fie:3.d 3 .:.5 hours @ $150/hour = $52:5 P.LS 3 -buns @: :$15,0/hoax 3 1800. 00 DL LAXQUT WATER {1,2'00 LINEAR 1 0000 1800.00 FT/'WATER: SERVICE) Fie.1d 8 hours 0.:$150/h.ur _ $1500 PLS 2 hours ;@ $.50/hour $300 4 2325.00 DL. AS-BUILT;'WATER 1 ©Q00 2325.00 Field 8 hpur:s @ $1:50/h6ur - '$1200 PLS 7.5: hour s: 6. $1:50/hour = $1125• 5 450. 00 DL LAYOUT 6" SEtRIER (4,Q.0. LINEAR FT) 1 G.0:0 0. 450.00 F1eld 2':5 hours @ '$150/hpur $375 PLS'; 5: hours '@ 515:0/hour $75 6 675.00 DL':. AS BUILT': 6"'SEWER 1 OI:000 675. 00 Field 2.5 hours $`150/hour = $375 PL-8::2. hours :6. $150/hour: 5300 7 1200. 00 DL 1AY001 2 LIGHT POLES., 1:0000 1200.00 Field 7 haurs::@ $1510/hour $1050 PLS :I hour @ $:150/hour:; $150 8 525.00 DL LAYOUT PEOPOSED BATHROOM 1.0000 525.00 W/OFFS ETS & BENCHMARK Field 3 hours .:@ $15:0/hiur - $450 PLS .5 hours @ .$1'5'0;/hQUr - $'75 9 675. 00 DL AS BUILT FORM LOCATION 1.0000 675.00 Field 2 .5 hours @ $150/hour = $375 PLS 2 hours @ $. 5D" hour - $300 PROCUREMENT SERVICES: `'f.' P.O. TOTAL: ACCOUNT NO. PROJECT 302-4218-572.63-05 RP1820 PURCHASING Page 244 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. # 190577 BOYNTON BEACOH,BFOLORIDA 33425-0310 DATE: 12/13/18 VENDOR 16625 SHIP TO: TO: AVIROM & ASSOCIATES, INC, City of Boynton Beach 5Q SW 2ND AVE, STE 102 PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33432 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72614 ORDERING DEPARTMENT: ENGINEERING/AGGA/GD goo DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 10 1500. 00 DL LAYOUT 4 PAVILLIONS W/OFFSETS & 1.0000 1500.00 BENCHMARK Field 2 hours..:@ $I 0)/hoer $300 PLS .5 hours :@ $1�a0/hour. $`'75. 11 18Q0.00 DL AS BLIILT: FORM LOCATIUN. 1.0000 1800.00 Field 1 5 hours @ $150/luaus := $225 PLS 1 5. hoUr.s @ $1'5.0/hour $225 12 3525.00 DL LAYOUT SUBGRADE ATPARKING 1 0000 3525.00 Fseld hours @ $150/hour $315Q PL8. 2 5 hours: @ $150/hour $375 13 4500. 00 DL; LAYOUT1,b—ETOPS 1 000.0 4500.00 Field:3.0: hou $1507/Y our $4500 14 1275. 00 DL, LAYOUT 'D.-CURB 1 00:00 1275.00 Field:8.5 Yiours: @<$150/hour $1:275 15 1800.00 DL: LAYOUT CONCR-ETE WALKS (1;.40.0 . 140,00 1800.00 LINEAR :FT) ONE T.I1E ONE: TIME:, ONE'..$IDE - 2,.' OFFSET W1TH :GRADE Fzed 12 ours :@ $150./hour ._ $1800 16 1800.00 DLhAYO UT ,6' .ASPHALT PATHWAY :_(1;500 ,1..0000 1800.00 LINEAR. FT. 1 TIME ONE 'I` ME; ONE,.SIDE 2' ::OFFSET WITI°I'. GRADE Field,.12 'hours. $ :5fl/hour: 17 975. 00 DL GRADE STAKES 'tMR DFINMYER'SI 1.0000 975. 00 HIGHLIGHTED ZONE" ONE TRIP +/- 300'': X .25,0', ZONE Field 6.5 hours @ $150/hour = $975 zi PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 302-4218-572.63-05 RP1820 PURCHASING Page 245 of 1207 PURCHASE ORDER CITY OF BOYNTONEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190577 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/13/18 VENDOR 16625 SHIP TO: TO: AVIROM & ASSOCIATES, INC. City of Boynton Beach 50 SW 2ND AVE, STE 102 PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33432 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72614 ORDERING DEPARTMENT: ENGINEERING/AGGA/GD DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST REMAPKS: LAND SURVEYING FOR SADA SIMS CONSTRUCTIONBID #06 f-2821-1 -16/TP; EXP, 3/31/20 TASK ORDER. U-B-O: PROCUREMEN SERVICE: � P.O, TOTALCO ,: ��. r ACCOUNT NO. 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H O I u O S4>+Q 1n ta>+q E 0 k q 3 00>10 O>1Q is S-j 0 O ka ;Q 0 0 0>1 Q Z E H r W 4 OHO ui OHO FC44 OEO F.�FO = to OHO Ln OH0 r-a OHO R:4 OFO O F I InQ OHE E •OHE $ O 4 H HE kO •,C;HE E -OHE N OHE P4 ,r~HE H p1 I ix d4ox aM1"'.rQE o4QE a4monE N QE 4N.4QE r-4QE M QE H O H I �-rO 00 H 00 H 00 H 00 �-I In 00 H 00 F 00 N In00 H a u: 1 D TSr-IEU '.7.'OMEU ;»NEU r:) U ,7rO •'£U r) 2u r) xU Pb •EU Ul U 1 O SC r-I.H M r-i E M O r-I E I>a W Hi ,F.�1 O r-IE�Q M-i E�'q O r-I E C4 O ri E�Q H O U] I >+UI N W O a C1�N U]0 r0 >-0 Ul 0 rF7 I w Ul O J >1 w Ul O r7 N U]O P7 '-I N Ul 0 Q >+ 1 U]O'r� W W A I F Fr'iiPa1UW RCr-4124 IWPaiUW µ'L*WUW IwPaiUw r.�G�.WUW 1-�NA. 1WP. `rri Zi Pi I r-1 N M d1 In l0 h co Vl H!tl i az Page 250 of 1207 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $101,000 Date: 11/21/2018 Requesting Department: PW-Engineering Contact Person: Gary Dunmyer Explanation for Purchase: Land surveying for Sara Sims Construction iAsl4 Ork Recommended Vendor Avirom &Associates Dollar Amount of Purchase �� 5p 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 0 Contract Number: 30-A -I- - It-IEP 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 V, Date r - Purchasing Agent Al Date f "- Asst City Manager Date City Manager t_ ,` ?,„ ' 'x Date Form Revised 02/01/02 Page 251 of 1207 AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING November 29,2018 Via E-Mail: dunmyergabbjl.us Mr. Gary Dunmyer,P.E. City of Boynton Beach 100 E.Boynton Beach Blvd_ Boynton Beach,FL 33435 Re: Sara Sims Park 2"d Revised Proposal Job#10724 Dear Mr.Dunmyer: In accord with your request, the following proposal for professional land surveying services is submitted for your consideration. Layout 5 catch basins $750%/ Field 4 hours at$150/hour=$600 PLS 1 hour at$150/hour=$150 As-built 5 catch basins $975 Field 3.5 hours at$150/hour=$525 PLS 3 hours at$150/hour=$450 Layout water(f 1,200 linear feet/ water service) $1,800 ✓ Field 10 hours at$150/hour=$1,500 PLS 2 hours at$150/hour=$300 As-built water $2,325 ✓ Field 8 hours at$150/hour=$1,200 PLS 7.5 hours at$150/hour=$1,125 Layout 6"sewer(t 400 linear feet) $450 Field 2.5 hours at$150/hour=$375 PLS .5 hours at$150/hour=$75 As-built 6"sewer $675 V Field 2.5 hours at$150/hour=$375 PLS 2 hours at$150/hour=$300 Layout 27 light poles $1,200 ✓ Field 7 hours at$150/hour=$1,050 PLS 1 hour at$150/hour=$150 50 SW 2"d Avenue, Suite 102 Boca Raton, Florida 33432 561 392 2594 www.aviromsurvey.com Page 252 of 1207 City of Boynton Beach 20d Revised Proposal Sara Sims Park November 29,2018 Page 2 Layout proposed bathroom with offsets and benchmark $525''r Field 3 hours at$150/hour=$450 PLS .5 hours at$150/hour=$75 As-built form location $675 Field 2.5 hours at$150/hour=$375 PLS 2 hours at$150/hour=$300 Layout 4 pavilions with offsets and benchmark $375 each Field 2 hours at$150/hour=$300 PLS .5 hours at$150/hour=$75 As-built form location $450 each Field 1.5 hours at$150/hour=$225 PLS 1.5 hours at$150/hour=$225 Layout subgrade at parking $3,525-/ Field 21 hours at$150/hour=$3,150 PLS 2.5 hours at$150/hour=$375 Layout bluetops $4,500,,/' Field 30 hours at$150/hour=$4,500 Layout D-curb $1,275 Field 8.5 hours at$150/hour=$1,275 Layout concrete walks(0,400 linear feet)—one time $1,800✓ One side—2' offset with grade Field 12 hours at$150/hour=$1,800 Layout 6' asphalt pathway(±1,500 linear feet)—one time $1,800 One side-2' offset with grade Field 12 hours at$150/hour=$1,800 Grade stakes"Mr.Dunmyer's Highlighted Zone"one trip $975 +/-300'x 250' zone Field 6.5 hours at$150/hour=$975 *Please note that all "field"time is for a survey crew of 3 men. General Conditions: L Included services are based on a onetime stake-out. Re-staking,project meetings involving qfflce personnel andlor any additional services requested outside the scope of this proposal will be provided at our current hourly rates(see below). Field or office work beyond that described herewith, resulting in additional time and efforts, approved verbally by the client or client's representative, shall be considered authorization to perform the work for additional compensation. AVIROM & ASSOCIATES9 INC. Page 253 of 1207 City of Boynton Beach 2nd Revised Proposal November 29, 2018 Sara Sims Park Page 3 2. Client will be responsible for all Florida Department issues. of Transportation Maintenance of Traffic and safety 3. Hourly rates are based on portal to portal and will prevail for one year. 4. Normal scheduling requires a two day advance notice. S. All invoices are due and payable in full upon receipt. Surveyor reserves the right to withhold certified prints and files to client or client's consultants until payment is made in full CADfile (if part of deliverables)will not be released until invoice is paid in full. Ifpayment is not received within 10 days of the invoice date, a late charge may be added to the invoice in an amount not to exceed IY2 percent per month on the outstanding balance. If Payment is not received within 45 days of the invoice date, Surveyor may terminate this agreement or suspend work under the agreement until payments have been made in full The undersigned agrees to pay reasonable attorney fees up to 50%and all costs and expenses incurred by Avirom&Associates,Inc. in the collection of any past due obligation of the undersigned pursuant hereto. 6 Electronic data files(CAD files), if furnished by Avirom&Associates, Inc. in connection with this project, are instruments of service.All original instruments of service shall be retained by Avirom&Associates,Inc, and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. 7. A CAD file is not included with the survey unless it is a negotiatedpart of the initial contracted deliverable. However, CAD files may be available in the future for an additional fee. 8. Avirom&Associates,Inc. is not responsible for errors resulting from inaccurate plans or survey control points supplied by others. 9. All construction plans must be delivered to Surveyor at least 48 hours before survey crew starting work. 10. Reproducible copies and prints made of engineering plans for as-builts,Federal Express, deliveries and out-of- pocket expenses will be charged to client at cost. 11. Fees quoted are based on scheduling for a full day's work. Piecemeal staking could result in an additional trip charge at hourly rates. We require one day in the office in which to check our work. We will not accept responsibility for any stakes if they are utilized for installing improvements on the same workday. 12. If Surveyor is not present and pipe must be covered in order to avoid any additional hourly charges, the following stipulations are,suggested: Contractor to leave pipe fittings and required intervals exposed and contact Surveyor for as-built in conjunction with inspection. Contractor to leave a minimum 2"PVC sleeve on top of pipe at all required as-built locations (i.e. 100' intervals,bends, etc.). Excavation or probing for pipe to complete as-built drawings is not included above and will be charged at our hourly rates. 13. For placement of as-builts, client is to provide Avirom&Associates,Inc. engineer's digital format drawing(s). This digital format is to be current with approved plans being used for construction layout and on correct coordinate datum base required by governed agency. There is no provision for Surveyor to modify engineer's plans or electronic drawings other than the insertion of as-built data. AVIROM & ASSOCIATES, INC. Page 254 of 1207 City of Boynton Beach td Revised Proposal Sara Sims Park November 29,2018 Page 4 14. Cleanout inverts are not apart of this contract.In the event that cleanout inverts are required the Surveyor will need exposed access to the top of pipe at cleanout and the pipe size to calculate invert. This work will be performed at prevailing hourly rates. We are recognized by the State of Florida Board of Land Surveyors and have registered under the provisions of Chapter 472. All services will be in accord with the standards set forth by the Florida Board of Land Surveyors. Our firm carries Professional Liability,Errors and Omissions Insurance and Workers'Compensation. Certificates of Insurance are available upon request. Contractor will be responsible for paying additional charges for special insurance requirements(i.e.,additional insurer]endorsement forms other than the standard certificate,waiver of subrogation etc.). Should you have any questions or comments,please contact me. Respectfully, John T.Doogan,P.L.S. /js These Conditions Are Acceptable and I Hereby Authorize You To Proceed Authorized Signature Print Name Date City of Boynton Beach Accounts Payable: / -- - Name E-mail address R ASSOCIATES9 INC. Page 255 of 1207 EMLWRAP ( pao $195.00 Mkbw d.Avk m,PLS 1, .....'+-�..wvrc-�..wwu:,mr..mm...ur.i..,,u-.........n-�...m-..vw.�iv....m....�.. John T. Doogan, PLS $140z Mktkwf D.Ate Bator Pimbedorial John T. Doogan, PLS .v.A 1 D AAvn%PLS r $110.00 w PSM William Evans �' ith BneAVUOM n I J. Ekwftr FW Fbpwe�� WA WA WAmoi owa d SFJIAMY CMV(Z Men) Jimmy Friddle $130.00 MWOWJ.A*OM Crew Chief Survar Cm—,, ) d J.A*om,Crew Chief 12 Page 256 of 1207 HourIV Itijittfied else bt swoc Keb M B fti �. William Evans WA WA Surm Ow o tdv dip ® , Of*Bw"Wt WA WA Aerial NIA Whet Dat&AMukftn vnd WA WA Direct C+ -.1`�e.�,. P' WA y :_. 13 Page 257 of 1207 Greco- recii , Adrianna From: Dunmyer,Gary Sent: Wednesday, November 21,2018 11:27 AM To: Subject: Greco-Arencibia,Adrianna FW:Sara Sims Park Attachments: boyntonbeach_sarasimspark.pdf Please process a requisition for this. Please note: Sara i _s ,gTgtf staking anus-bunts use Task rde r - —. ___.. Gary Dunmyer, MBA, P.E. o City Engineer :rx Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 d 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ 11-1 U 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:Janice China<janice@aviromsurvey.com> Sent: Wednesday, November 21,2018 11:17 AM To:Dunmyer,Gary<DunmyerG@bbfl.us> Cc:John Doogan<John@aviromsurvey.com> Subject:Sara Sims Park Good morning, Attached is our revised proposal for the Sara Sims Park project. Thank you and have a Happy Thanksgiving! .�Tanice eking, Office Manager AVIROM&ASSOCIATES, INC. 1 Page 258 of 1207 50 S.W.2nd Avenue Boca Raton,FL 33432 Phone:(569)392-2594 htt,://www,.avirosurve ..corn UdwdM This message is intended only for the named recipient. if you are not the intended recipient you are notified that disclosing,copying,distributing or taking any action in reliance on the contents of this information is strictly prohibited. Avirom&Associates,Inc.makes no guarantees that this e-mail and/or attached files are free and clear of the presence of computer viruses,have been tampered with, or contain questionable material or content and accepts no responsibility for the loss or corruption of any data on the addressee's computer as a result of opening this e-mail. All efforts have been mode to assure that messages and files generated from this office are free and clear of this type of material. 2 Page 259 of 1207 Greco-Arencibia, Adrianna From: Dunmyer, Gary Sent: Wednesday, November 21,2018 1:41 PM To: Greco-Arencibia,Adrianna Subject: FW: next surveyor please Gary Dunmyer, MBA, P.E. City Engineer � Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 r 561-742-6231 DunmyerG@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:Pratt,Taralyn Sent:Tuesday,June 19,2018 3:24 PM To:Dunmyer,Gary<DunmyerG@bbfl.us> Subject: RE: next surveyor please Good Afternoon Gary, Can you update mw on the senior center boundary&topo with WGI—Wantman Group?PO#and amount Can you update me on Ocean front Park with Engenuity Group, Inc.?PO#and amount I will also need the above information for the following. Sara_Sims-Construction staking and as-builts use Task Order U-B-03 Vi O ASS TES,INC. SO SII►2nd Avenue Suite 102 Boca Raton, FL 33432 Michael D.Avirom mike0avi romsu ,ca 5¢1-392- 1 Page 260 of 1207 Hester Center Parkin use Task Order#U-C-02 WHIDDEN SURVEYING AND MAPPING, INC. 9200 Belvedere Rd, Suite 114 Royal Palm Beach, FL 33411 Thomas Whidden tom whiddensurve .com 561-790-5515 Taralyn Taralyn Pratt Contract Coordinator tv Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach, Florida 33435 561-742-6447 prattt@bbfl.us http://www.boynton-beach.org/ 01 ,, l America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Dunmyer,Gary Sent:Tuesday,lune 19,2018 2:43 PM To:Pratt,Taralyn<prattt@bbfl.us> Subject: next surveyor please Taralyn, I have two projects for which I will need surveys: 1. Sara Sims—construction staking and as-builts 2. Hester Center Parking Can you send me the next two surveyors in the rotation? Gary 2 Page 261 of 1207 Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 561-742-6231 IN DunmyerG@bbfl.us http://www.boynton-beach.org/ Y x p://www.boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 3 Page 262 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT #: 190586 3301 Q O. OX d. Suite101 p,O DATE: 12/17/18 B BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 14283 SHIP T0: City of Boynton Beach TO: ANZCO, INC. PUBLIC WORKS DEPARTMENT 9671 CAROUSEL CIRCLE SOUT 222 N.E. 9TH AVENUE BOCA RATON, FL 33434 BOYNTON BEACH, FL 33435 REQUISITION NO. 72802 ORDERING DEPARTMENT: FAC GM/SKBROWN - _ ••® ° BID NO: COMMISSION APPROVED: V DATE NEEDED: EXTENDED UNIT COST COST LINE# QUANTITY UOM ITEM N0. AND DESCRIPTION 1.0000 1000.00 1 1000.00 DL CONTRACTORS SHALL PROVIDE DOCUMENTATION idelines per attached docume..t "gu for submitting: Photograph Documentati' n" 1000.00 2 1000 .00 DL PROVIDE- -:%"INGS DETAILING 1.0000 REPAIRB as pix below line Mems. - 8600.00 3 8600.00 DL REME3VE AND REPLACE.APPROX 850.1'.. 1 .0000 �'T OF EXISTING New soft°yt, including Bell 'Iowr. Soffit materials fascia. s .... match exis' ing specifications, �xxcluding size and:'type. 4 625. 00 DT; REMQVE:AND REPLACE:APP ROX 100 LF,; 1 OQS:4 625.00 Off':EXISTING. .. bulding: fascia, including Bell Taiert . new fascia material sha31 Matcl .existing fa6cia Spe i.ficatioris, rri ludii.9 size and 250-00 1.00,00 1 0000 5 250 .00 DL `. SRT, CAULK EXTERIOR SOFFIT VENTS 625,00 625.00 DL PRIME AIaTD PAINT FAS::.., SC)FFIT5,:' .0000 6 FLP,SH�NG Thecontractor shall use Shewan Wi_lljams paint, specif?cation walk be pxo�rided by the City, 1.0000 2500. 00 7 2500. 00 DL REMOVE AND.REPLAC NGE APPhUX 250 SQ FT. OF EXISTI . 1st and 2nd interior flooring floors. New flooring material shall ,� tch existing floor specs ; - - - P.O.TOTAL: PROCUREMENT SERVICES: - ACCOUNT NO, PROJECT 302-4107-573.62-01 GG1804 PURCHASING Page 263 of 1207 PURCHASE ORDER FLORIDACITY OF BOYNTON BEACH, PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd, Suite 101 FLOT /18 VENDOR 1423 E Y TOBEACH, RIDA 334.25-0310 P.O. 1277/1 TO: IC. SHIP TO: 9G71 CAROUSEL CI4S3 City o Boynton Beach BCCA TON, FL 3334 PU13LIC WORKS DEPARTMENT 222 N.E. 9TH AVRWUE BOYS TON BEACH, FL 33435 REQUISITI0N NO. 72802 ORDERING DEPARTMENT: PAC GM/SKBROWN OATE NEEDED: 010 NO: COIVMISSION APPROVED7 LII�TE T7 TITY L7dl ITEM NO. Tp DESCRIPTION EXTENDED IT' COST COST including size® t e, color, finish and speciea.:.::.:;. 2500.00 LI, REPAIR S. F- 'O'RIN AS CE S . TO ENSURE NEW . 1.O000 2500. 00 f1 tYae1y orl ala : �.ny; � va tai arri r 500-00 l I ; 'STET Il LOORTNG'T O REMAIN IIS �iIT? a'. OF. REPAIRS � .�aao 500.00 f I r :Shall be''fea -her aderi tb existing 0e�lor, andfin:ish:.. 10 525.00 L ' ?`!ECT XISTI . . PING, L.ISHTT'IN STAITLS® l 0f�.{70 625, dU �.rTe fall itYia of. b ildinc ..: 11 875. 00 Dia Pp sSUR A-H LBTJIL77 IST E E12I ` I 0400 875. 00 Inc.3urlaxxl gra nc c� c��r h nd' 46 ibllity rar nth: bel 1: tower 12 -125. 00 DL : :,.::REM:b.VE ALL. HbbkS,-&,AILS, SCREWa FE .TO s 00 125.00 : l:lit :e>ct'erjo: fall...:and aeal open h 0 .: 13 .575.00 LL PREP POR'PRINT 1®0000 575.00 ACCES&IBILT"TY ramp raI n int is': at CYled` tc�; the buildin 14 1000. 00 DL SEAL CAULK EXTERIOR OF ALL STI O S (57� s, 0000 sr�aa. ao N F 4 PROC l9REf�ENT SERVICES: t - P.O. TC7TdtL. ACCO NT1V0, PROJECT - 302-4307-.573.62-01 GG1804 PURCHASING Page 264 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190586 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/17/18 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 N0, 72802 ORDERING DEPARTMENT: FAC GM/SKBROWN Nall ®'`. e. DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 15 125. 00 DL SEAL CAULK EXTERIOR OF ALL DOORS 1.0000 125.00 (8) 16 1000 .00 DL SEAL CAULK LL QRA KS TSI B....LDING 1.0000 1000.00 (LESS THAN-:1-11811) 17 3500. 00 DL REPAIR EXTERI(}R STICCp :(GREA'>'ER: 1.0000 3500.00 THEN 1/Bnj eon:tx�actor shall grind _repaiared,;. area to create ?1 area not- greater than dotable the. exastYng ,a:rea and apply coAcrete adhesive:bond ng ag� .t stucco: Stucco -repair sha11 match existing :i:ni sh 18 500. 00 DL: STUCCO :REPAIR THAT .HAS 'EXPOSED l 00:00. 500.00 REBAR SHALL BE:. M 'by grinding area., prep re, ar with-ru't'. re-mover. inhibitor,;: .Prime and . paint. . 19 3000. 00 DLSAND P.LL:HANDRAIL§1 APPLY RUST. 1 0000 3000.00 REMO.VER: AND , inh bitor Prame_. and ..Paint.. 20 10000. 00 DL PRIME AND: PAINT ENTIRE, EXTERIOR ,;1.0000 10000.00 OF BUILDING including windows . (0) j. '&QQrs. (8) BelaTow >r, The. cont; acltors shall:'.use 8..hexwxri: Williams 'palnta specif ica::t�ori will:::be po�r�Bled by:; h t e City:: :... The contractors shall repair all soffits, fascias, and flashing on the Boynton School; as well as the interior , d flo r•'ng as needed. PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 302-4107-573.62-01 GG1804 PURCHASING Page 265 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 PO. X 310 P.O #: 190586 BOYNTON BEACH,FLORIDA 33426-0310 DATE: 12/17/18 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BO CA RATCN, FL 33434 222 N.E. 9TH AVENUE BO ON BEACH, FL 33435 REQUISITION NO. 72802 ORDERING DEPARTMENT: FAC GM/5KBROKN DATE NEEDEDBID NOt COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST The exterior elevations of. t.he building, 8 wood frame doors, and 57 wQot , xacne d Win w.s....w.111 be repainted. . 'r e:, . contrasto' sh 11 dravi in - it rp, per below .1. e ema..., Th 3-AS Eu : naed rarp. .ug a grant f rom the at e':: of 1.2orida, _: Departi nerl't of Stat. bf, The .:0:e1bcted.!,db-ntractor mist coni ply: 4 all grant: requirement s -and W . . . . . . . al ': ork must be comillet ed;.fto 1ater.. than. June ..201-9. Award d .Q ' f this '.to ,k-.prde r:. Ls continent - .g. . . upon I from the,- Department..of . Zst "Ph e.reAki1l �be &. 'wy arldator s' l.t e t on Friday November 3 0,2 0 18-at' 9 am. 1913 SCHOOLHOUSE' M.U6.EUM:::S.3-OF.FTT-:e FASCIA, FLASHINGS . _E. RE PAIR &:'RtP IR TFT1-09 'WALLS, WINDOWS, PRESS URE -WASH .:EXTE :IO R -& .REPAIR INTERIOR FLOOR. RFQ #018-2821. 1i,671 TASK ORDER F-09-201;9 *PART OF GRANT - DO NOT MAIL PC DEBBIE MAJORS WILL SEND TO VENDOR. o PROCUREMENT SERVICES: P.O. 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Po�.� .. .. a� , .. .. a0Po-rt w v 4 Or a >+A f4'-7+Q CU > q QWmu7•rA MSHA idiJYHA QwMEn>+Q r4•ri G UZ F HI OURrHO Qa)Er0 a.Utr�HO WHO HO Q?iPoEO �•rN> Q U pH i EmmH t3HZ mpH WHO p SaFO C7 U4J�IAZ w AZ -e-HQ �•r'AX �A£ C iA$ 00•0F-i Ma)0HX Z UtrioO QSiOO WtJ bOO W- -rWOO OO OW 00 W-r-r♦C)OO arCiAOd H H a i a�m O�U H a)Z U ^r-r+r-i C Z U �'�Sa-ri�U r� ppUqq N U-H X U� O N N r�i ppUqq �C O O4 pq vJ + E.O W r z�4OOM OQOD �wPouO ZrlaJa)OQ �0 HNuO9 JJaJUOP 90PIOp H w a A ; Ua04 aa0UV] wOgCUW wwA �auW WUW aHNUW WgmgUW w-imucn x a N N•ri a•ri E•rl z W P4 W aZ i N M d N r m m Page 271 of 1207 ' $10 MOO Date: >2 Requesting Department: Contact Person: Explanation for Purchase: ie' d'TZ X9/3 �nu1,0u o, • �� j/1,/fd�C►'i�S- /�'r�o,f�.�i2( G7/ltd'�'l �z � _/_ � sK Ord" - x_09- aa1 g Recommended Vendor Dollar Amount of Purchase Source for Purchase (check and attach backup Three Written Quotations materials): State Contract � GSA SNAPS � PRIDE/RESPECT Sole Source P19gy-Back Emergency Purchase Budgeted Item Contract Number: other NOTE: Pricing proposal for purchase must be presented in the same detail contained Jthin the Fund Source for Purchase: contract. 610- -�5,00- 516-7-S73-6Z -a! �,�r� G6� Approvals: Department Head Purchasing Agent Date Asst City Manager Date City Manager �- - Date `---- � `�"'_ '� • -®--... Form Revised 02/01/02 Date / Page 272 of 1207 REQUEST FOR OFFICE ASSISTANCE FROM: Alee z-- Date: *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: _ gy- - - Project No.: Request for Requisition - Vendor: Account Number: :502 - 1t) `? _- List Items w/Quantities & Unit Costs on the ba Leo h Ch Q n q e. ❑ Verbal Quotes($500 to$1,999): / 4�) rn clunr Yl E P i- ❑ Written Quotes($2,000 to$9,999 I ❑ Written Quotes($10,000 to $24,9 'id. ❑ Bid/City(Over$25,000): Bid#_ n ❑ Bid/Other Entity(Over$25,000): _ 000 ❑ File As: ❑ OTHER: 0PPLlVe Special Instructions: ontractors a repair so ts, astuas,an s ngsont e"ton 5ctoo;asweIis the interior wood flooring as needed.The exterior elevations of the building,a wood frame -- Jdoors,and 9 wood frame windows will be repainted.M_ _. .�,.n.— ...— M-I.P.1ted a or mu :I.- than June 10,80 Request comp- ted by: Date completed: �+ f 2/J® Please sign and retut risf-0-1m to the Office Staff's Inbox; feel free to make any comments below. Please sign and ret&r� �y r Page 273 of 1207 F-09-2019-1913 SCHOOLHOUSE MUSEUM(141 OCEAN AVE)-REPAIRS AND EXTERIOR PAINTING PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM F DESCRIPTION - _~ e�f SCOPQTY UNITE OF WORK � "'- UNIT PRICE The Contractor shall repair all soffits fascias,and flashm on the �� ` _.� ( ( Boynton School;as well as the interior wood flooring as needed.The exterior elevations of the building,8 wood frame doors,and 57 l �i wood framed windows will be repainted.The Contractorshaq Provide drawings detailing repairs as per below line items.This project is funded through a grant from the State of Florida, Department of State,Division of Historical Resources.The selected contractor must comply with all grant requirements and all ork must be completed no later then June 10,2019.Award of this Task I Order is contingent upon the process approval from the Department 1 of State, SITE VISIT - _ 2 There will be a_MANDATORY site visit on Friday 018 ` ;' at 9:00 am November 30,2 - _ PECIFIGATIONS AND DRAWINGS 3 Contractor shall provide documentation pert ed document "Guidelines for submitting Photographic Documentation' � 1 I - LS $1000.00 f 4 Provide drawings detailing repairs as per below line items. L5 $1000.00 TOTAL SPECi._ -! FICATIONSAND DRAWINGS $2000 00 SOFFIT FASCIA AND FLASHING REPAIRS �5 Remove and re lace a � - -� -� p approx.850 sq.ft.of existing soffit,including i specifications inc I Bell Tower.New soffit material shall match existing soffit LS $8600 00 p including size and type I V-e6 Remove and replace app 1001f.of existing building fascia, j - including Bell Tower,new fascia material shall match existing fascia 1 $625.00 specifications,including size and type. v/ 7 Seal caulk exterior soffit vents , 8 Prime and paint fascia soffits,flashing.The contractor shall use 1 - �. �I _. -- $250 00 Sherwin Williams paint,specification will be provided by the City. 1 _. L5 I $625.00 TOTAL 50FF1T,FASCIA,AND FLASHING REPAIRS FLOORING REPAIRS -- _ Femove and re face 25q-•- sig15°and 2nd flfor flooring 1 oors. orngmater al shall match existingfoor _ $250_0 0000 _ specsincluding size,type,color,finish and specie. -- _ _ 10 Repair sub-floor'--'----in as necessary to ensure new flooring is properly ( ^� - 1 .—J LS 1 _ supported and any associated vapor barrier. $2500.00 � feather g � . _g 11 Existing floonn to remain within 4"of repaired flooring shall be -1 -(-" er sanded and finished to match existing color,and finish. ( LS - _. .._ $500.00 _ TOTAL FLOORING REPAIRS - -. - PREPARING AND PAINTING BUILDING - -� - t 0.00 �_- Page 274 of 1207 f12 Protect existing landscaping,lighting,stairs,sidewalks within 15'of 1 LS $625.00 building exterior. ... . 13 Pressure wash entire building exterior including windows,doors, 1 LS 875,00 I handicap accessibility ramp and bell tower. 14 Remove all hooks,nails,screws affixed to building exterior,fill and 1 LS $125.00 seal open holes. 15 Prep for paint and seal caulk all accessibility ramp railing that is 1 LS $575.00 attached to the building exterior. 16 Seal caulk exterior of all windows(57) 1 LS $1000.00 _. .. 17 Seal caulk exterior of all doors(8) 1 LS $125.00 V 18 seal caulk all cracks in buildings(less then 1/8 ) 1 LS $1000.00 19 Repair exterior stucco(greater then 1/8")contractor shall grind 1 LS $3500.00 repaired area to create an area not greater then double the existing area and apply concrete adhesive bonding agent stucco.Stucco { repair shall match existing finish. i20 Stucco repair that has ex os�ed reb�ar shall be repaired by grinding 1 LS $500.�00 � area, re rebar with rust remover inhibitor.Prime and paint. P P 21 Sand all handrails,apply rust remover and inhibitor.Prime and Paint j 1 LS $3000.00 ..�._ . _ 22 Prime and paint entire exterior of building including windows(57), 1 ( LS $10000.00 doors(8),and Bell Tower.The contractor shall use Sherwin Williams paint,specification will be provided by the City. TOTAL PREPARING AND PAINTING BUILDING l $21325.00 BID - _ — PRICE $38,925.00 GRAND TOTAL j 3 _...._ ___ -__ ,. .w,.._ .. -1 ---...L.. TOTAL BID PRICE(IN WORDS) Thirty Eiht thousand Nine hundred Twenty five Dollars Name of Firm submitting Bid Proposal Anzco Inc Print Mame of Person submitting Bid Proposal John B.Zak Print Name of Person submitting Bid Proposal Signature Date:-1. 2/5/18 Page 275 of 1207 Boynton School Repairs and Exterior terlor Painting Ing � The Con,tractor shall repair all soffits,fascias,and flashings on the Boynton School;as well as theinterior exterior elevations of the building,8 wood frame doors,and 57 wood{name windows will be re ain drawings detailing repairs as per below line items.This project is funded through a grant from te . wood flooring as needed,The repainted.The Contractor shall provide Division of Historical Resources.The selected contractor must comply with all grant requirements and all work mu � the State of Florida,Department of State, than June 30 2019, Award of this Task Order is contingent upon the process approval from the Department of 5 i must be completed no I later State a r i d .{i-3 .. • � .3.• �v T 4s There viii be a Mgly�y site visiton Fnda, � � '� 3 Y em er 018 at 9 ODam Contractor shall prowde documentation per attached document"Guidelines for Submitting PhotoP'ra hi Provide drawings detailing repairs as per below line items. ( g P c Documentation" $ '' ! T;� SCIa M $ 0 KPREPIAfft. Remove and replace a '¢ Total$ «� approx.850 sq. q ft,of existing soffit,including Bell Tower,New s0 it materila shall match existing soffit s a sReciflcations including size and type. Remove and replace approx.100 I.f.of existing building fascia,including Bell Tower,new fascia material s y� I fascia specifications,including size and type, $ % 1 Seal caulk exterior soffit vents hall match existing Prime and paint fascia,soffits, $ g 5 City flashing,The contractor shall use Sherwin Williams paint specification will be provided by the $ c l �q-r " �y JiU Remove and replace la r3 { N Total$ pprox 250 square feet of existing interior floorin *1st a i existing floor specs including size, g an 2nd floors.New flooring material shall match Repairsub-flooring as necessary t ensureinewrilsh and roe flooring Properly SupportedY $ qo G � Existing flooring to remain within 4"of repaired flooring shall be feather sanded nand finished oemat h existing color,and finish. $arrier, _ �-S o fE?R�PAR(N�i A I)- _.l�A/�ITtP)G�UItD�1116 $ j c�n0 Protect existing landscaping,lighting stairs,sidewalks within 15'of buildin Total$ Pressure wash entire building exteriorincludingwlndows,doors, � _ i g exterior ��-- handicap accessiblity ramp and bell tower. $ 0 O Remove all hooks,nails,screws affixed to building exterior,flitl and sea I open holes Prep for paint and seal caulk all accessiblitram $ II Y p railing that is attached to the building exterior. $ 17 4 Seal ca ulk exterior of all windows(57) ( Seal caulk exterior of all doors(8) $ 11 Seal caulk all cracks in buildings(less then 1/8") $ A 0 a I � Repair exterior stucco $ 0 (greater then 1/8")contractor shall grind repaired area to create an area not greater then double ,i existing area and apply concrete adhesive bonding agent and stucco.Stucco repair shall match existing finish. $ 110 Stucco repair that has exposed rebar shall be repaired b the I paint. Y grinding area,prep rebar with a rust remover inhibitor.Prime and $ Sand all handrails,apply rust remover and inhibitor.Prime and paint. t Prime and paint entire exterior of building Including $ �� Williams paint,specification will be provided by the atyaows(57),doors 8,a nd Bell Tower.The contractor shall use Sherwin $ 71j U ( ) $ All quotes shall be received bFriday, / i O Y noon December$,2018!9: Total$ . i Gail M.Mootz Boynton School Repairs and Exterior Painting Project Manager G�' 0,� TD 1—n-L / ' p V 0:561-742.6223 J j I C:561-307-2185 ( Page 276 of 1207 F-09-2014-1619 Schoolhouse museum 1141 Oman Ave)-Repairs and Exterior Painting PREgUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES•BID FORM 17ENM ItMl s'" UNIT UNIT PRICETOTAL '..1 Oryvkrll�C 1 r e The Contractor shat(repair a8 soffits,fascles,and flashings on the Boynton School,as well as the Interior wood flooring as needed.The exterior elevations of the buRdhim 8 wood frame doors,and 57 wood frame windows will he repainted.The Contractor shall provide dravAngs j 1 detall ng repairs as per below line Items.This pro)ect Is funded through a j grant from the State of Florida,Department of State,Division of FRstarical Resources.The selected contractor must comply with all grant requirements and all work must be completed no later than June 10, 2019.Award of this Task Order is contingent upon the process approval r from the Department of state. 11 $fit1(ISIT r" , .2 TTehh�in,gv,'ullb bee(M$TgMRw�t`aatGAY swias,vis(t an FeW,sy MoilambefeO fDi8at9 fNkm� - " kw ' ..4 Submldang PhomaraphreP repairs per bebw�jl��msunt°Guldelfnos fore �� r [ontmctorskall rovlde dowma """""—'�•"—•--'' p 2 Ls n a 411'.Provide drawings detall 1 LS 3cat 4?. To to/specylcallom Ord Dm wings -- 5t5FF)T,FiASCIAA LLI FI H€firs RFpAlfi Remove and replace apprvs.85o sq-ft-of axisdng somt,including Bell Tower. S New sant matenla shall match existing soffit VKH10stions Including size and 1 LS sa, ' Romove and replace approx.100 Lf.of exlsdng building fucla,Including Bell 6 Tower,new fascia material shall match exhting fascia specifications,Including 1 L5 Lia rzeand tyfas _ I 7 Rami caulk exterior stn tvanty _ --. ,,, '-. a e Pelma and paintfascia,sofflta,flasldrsg,Thecontnctar shag use sherwln Wllilamapalm,apeciReettonwill Ira provided hYthe City, C j Total So�iC Fasdq,and Resiting ltepolrs _q Ramweand replan epprox 250 square feetofexkting lnterbrfloodng 7st and e 2nd fbors.New flooring material shall match existing floorapea including she, 1 IS �J _. pa,mlot Rnldt and a-octan, ��r _n' 10 Repalrsut Rooting as necessaryto ensure new floodn €s a and an asociatad vapor tender, g Propedysupportad 1 is - 11 an ROoMg to remain within 4"of repaired flooring shall be feather sanded and flNshed m-matsh existtngcolor,and finish. 1 is V�V Tobd FToonng Repair; v V r r ff pAllk6Bt11[DIRR4 12 Protect existing landscaping lighting,stalrs,sidawalkswRtdn15 of bupoing L ? e� r ftbuiw 13 Pressurewash entire hullding exterior Including windows,doors,handicap accesslbl ramp and bell tower. 1 LS Iq ..... OV 14 Remove all hooks,nazis,screws atR^ted to buiMIna azterio4 fill and seal open hales 1 LS sea •�.4 ..v.. 15 Prepfor paint and l caulk all accesslbRty rampralllnrithateattachedmthe t� bufldlna exfartor. 1 '30 a " 16 Seaiaulkex[erlorofaR wxldows 57 W��" '."`i -- 17 Sealcaulkextedorofaldows 8 _ -- LBS �'k;-- Ig Seal casdk all creeks in hulWin less then 1/8"I -- "'�—'? LS - ��•�^' Repalrextedwstuao(greaberthen 1/8"1 contractorshall grind repairsdarea to •• 1 � 't�'v j 39 create an area not greater then double the existing areaand apply concrete 'adhesive bonding agent and stucco.Stucco repair shag match existing finish. 1 IS d}x:J 20 Stucco repalrthat has ex posedrebarshell be repaired bygrksding area,prep re"barwfth a rust remover Inhibitor.Pelmaand nalnC 1 15 Ot.3 71 Sand all handrak apply ustretnwerend lnhlbitorfnhtbttor.Prime and P,.afnt. Prime and palntentim extedorofbuliding Including widows(571,doors(8), '- - . 22 and BeilTower.The contractorsha€l we Sherwin Williams paint speeif cis, 1 LS )^ ()t will be Provided by the CRY. !e C5 O r Total Pmporingend Pointlog9uRdfncc g i - - 06 GRAND TDTAL 8/D PRICE a••.�-. m '�i. �� Total gid Prim Jin wards) I�Ct(/,J' a-4 �.e/'� /--( Name of Firm Submitting Bld Proposal ^}•'�.��'V(i e '" £1S ar -- _ - <0* `j" (PRINT} Name of person Submitting gid Proposal ,� � r " Name of Person Submiking Bid Proposal •� (SIGNATURE) D.Iur. Page 277 of 1207 ;'i"' of3 3141 FORTUNE WAY 5-16 WELLINGTON,FL 33414 561-333-1445/USECCG.COM Lk##£GCI513410 December 4th,2018 RE: SCHOOL HOUSE MUSEUM REPAIRS AND EXTERIOR PAINTING Construction Schedule/SUBS This job will take us approximately 1 month to complete There will be no Subs used for this project Thanks, Lisa Addis V.P. E&F Florida Enterprises inc. Page 278 of 1207 Guidelines for Submitting Photographic Documentation Photographs must be included as part of the required progress reports.The first progress report photographs shall document the appearance and condition of the building,structure,or site prior to and during work agreed upon in the executed Grant Award agreement.Subsequent progress reports shall document the appearance of the building,structure,or site during and after the completion of all work agreed upon in the executed Grant Award agreement. Photographs must document: 1. The site and environment; a. General views and details. b. Principal elevations of the building or structure and details. 2. All areas where work will be taking place as per the approved scope of work; a. All exterior sides if outside renovation is taking place. b. Affected interior spaces and contributing elements within that space. c. Specific details of the resources that will be attended to as per the scope of work. 3. Close-ups of character-defining interior and exterior features such as:storefronts,windows, doors,decorative ceilings,stain;,millwork,and casework. 4. Deteriorated conditions such as:roof failure,crumbling brickwork,Totten wood,or water stained finishes. 5. In the event that the project focuses on protection such as stabilization,include present conditions and details. 6. in the event that the project focuses on community education,include photographs of examples of proposed products and drafts of design,development and the like. Orientation:To the greatest extent possible,the photographs should be taken from the same locations as those provided in the application in order to clearly demonstrate existing conditions and completed work. Quantity:Judgement should be exercised as to the quantity of photographs but must be enough to adequately depict the building,structure,or site.Large or complex projects will require more photographs to properly document the resource and the progress. Quality:Photographs must conform to the following parameters: 1. Be in focus and clear 2. In color 3. Taken at a high resolution-sufficient to show the details required to review 4. Submit digital images(jpeg,.gif,.tiff,etc.)on a disk,flash drive,or shared via DropBox 5. Placed no more than two photographs to a page(if submitting a Word or PDF document) 6. Printed at least 4"x 6"in size(if submitting physical photos) Photocopied photographs(black and white or color)will NOT be accepted. Identification:Each photograph should be labeled with the following information either on the back of the physical photograph or in a detailed photographic legend: 1. Sequential number referenced to a Photograph Key Plan* 2. Photograph date(you can use the approximate date,such as month and year) 3. Indicate if the photograph is pre-or post-rehabilitation 4. A brief description of what is shown in the photograph *Photograph Key Plan:shows the location where the numbered photographs were taken with arrows showing the view. (is t6 Y" i_ rf }! l 5 of Page 279 of 1207 Attachment 3 - Photos Photograph Key Plan Fig.1: Boynton School,129 E.Ocean Ave.,South Elevation, Looking N,4/25/17 Fig.2: Boynton School,129 E.Ocean Ave., North Elevation,Looking SE,4/18/17 Fig.3: Boynton School,129 E.Ocean Ave.,West Elevation,Looking NE,4/18/17 Fig.4: Boynton School, 129 E.Ocean Ave,East Elevation, Looking NW,4/18/17 Fig.5: 1927 High School and 1913 Boynton School,South Elevations, Looking NW,4/26/17 Fig.6: Second Floor Classroom,Looking NW,4/20/17 Fig.7: Main Stairs, Looking SE,4/20/17 Fig:8: Second Floor Hall,Looking E,4/20/17 Fig.9: Classroom showing Wood Trim and Plaster Walls, Looking S,4/20/17 Fig. 10: Second Floor Hall showing Wainscoting and Attic Stairs, Looking W,4/20/17 Fig. 11: Boynton School during Construction, Looking NE,c.1912 Fig. 12: Boynton School, Looking NE,c.1913 Fig. 13: Boynton School,Looking NW, no date Fig. 14: Boynton Elementary First Grade,Looking N,1939 Page 280 of 1207 2 First Floor }Y rl TT i j 1 .I � r f DL IrTI 1 i ! - ° 4 3 1 5 Second Floor 6 E 4 AA, .p e 9 1 4 �' C }� 8 tf F Iii 10 T. } \ i Ja-_------ --------- ---------- Page 281 of 1207 siEt`1�� ',,a'c,�s ��e` 5 ri Fig.1:Boynton School,129 E.Ocean Ave.,South Elevat on,�Looki g�N,4J25/17 5 �+ +w a � N tea•�, � t a ext a } Fig.2:Boynton School, 129 E.Ocean Ave.,North Elevation,Looking SE,4/18/17 Page 282 of 1207 - . w Fig.3: Boynton School,129 E. Ocean Ave.,West Elevation, Looking NE,4/18/17 S La j - t till Fig.4:Boynton School,129 E.Ocean Ave,East Elevation,Looking NW,4/18/17 Page 283 of 1207 r i 1 s'i}{ '1 rk1S;1 sjS,ri 1St+1 ttt 31 + z i _- �'iis V sy} S Cyt __ rta�saiiiv� ,N){ f s?tt "�Slt(�. b �,h;'�y`ir"It}�l}'V,z� 1{(S`A��L''11+1 r�'�i�`'� lt,:? ` ,• iij. - i s ,�\ fir( 1,�t1D ttl� f f,rit �tlt it V", 4fij i 4frl, is s, r} ,1 tr r c tis' a itj # ss (i ,iSs }4 Sir}i t S u it lsc �� I r, rtyi t r sf t i Vlz : z Fg - v Fig.5:1927 High School and 1913 Boynton School,South Elevations,Looking NW,4/26/17 j,.. NDN I> # lutf� r it�} c tta sfq� �rir isj §ltjySm� x 1y - �s 1SPn s ) a Fig.6:Second Floor Classroom,Looking NW,4/20/17 Page 284 of 1207 � �'(�i .✓�It t(� �� i � � i �t r 1Up,'�it u a t� �r f t ?s � r,y t rti 1£ &T rdM"A stt£ Fig. 7:Main Stairs, Looking SE,4/20/17 w¢ tl I Ol r s T�}} �.� � �' ��t ale .a ttyA 4 ilk t ri�rk i b - - �3.� tti 1 NW 7 r _- 11 r1 Fig:8:Second Floor Hall,Looking E,4/20/17 Page 285 of 1207 - „P,t� a c t> e tY r t It g Wood Trim and Plaster Walls, Looking 4/20/17 S t ,4" t �i dr tom{t 1u � ,•s t t r #�'�tc t4s„4s � ��a�s. i -t S�- � ws, � 4 � �sst Si �� t, r, stY\ii ,.s kpt t � � x �. w t�� U1ts tjt Cyt i tt 1O , Nit S7(n", .s tVX � 1t1arP" � t5t $ W' Nt #�sY�r 4 St` 1 X51 TO Fig. 10:Second Floor Hall showing"Wainscoting and Attic' Stairs,Looking W,4/20/17 Page 286 of 1207 g 01 so HIM v AR� Ell Fig.11: Boynton School during Construction,Looking NE,c.1912 f mx 11, Vnn qs mil §$ 4ww k � ` . i ' z.. A CATe .tt�3 s Y`:,t�•d r �� Z 't�,x f�' _ r. s Y K 4' ' 'r Fig.12: Boynton School,Looking NE,c.1913 Page 287 of 1207 r �,t �' 'r - 1i i Fig. 13,Boynton School, Looking NW,no date } 4 t MRr m n r F u t fi3�ia1l�kjo- , a f �5tht gx - 1 i 1141 >4 P p U44 �k- t, Fig.14:Boynton Elementary First Grade,Looking N,1939 Page 288 of 1207 Boynton School Repairs and Exterior Painting Price K,.-OPE,OF WORK ". The Contractor shall repair all soffits,fascias,and flashings on the Boynton School;as well as the interior wood flooring as needed.The exterior elevations of the building,9 wood frame doors,and 57 wood frame windows will be repainted.The Contractor shall provide drawings detailing repairs as per below line items.This project is funded through a grant from the State of Florida,Department of State, Division of Historical Resources.The selected contractor must comply with all grant requirements and all work must be completed no later than June 10,2019. Award of this Task Order is contingent upon the process approval from the Department of State SITE VISIT There will be a MANDATORY site visit on Friday,November 30,2018 at 9:00am. - SPECIFICATIONS AND.DI'AWINGS. Contractor shall provide documentation per attached document"Guidelines for Submitting Photographic Documentation" $ Provide drawings detailing repairs as per below line items. $ Total$ > SOFFIT;.FASCIA AND FLASHING REPAIRS, Remove and replace approx.850 sq.ft.of existing soffit,including Bell Tower.New sofit materila shall match existing soffit $ specifications including size and type. Remove and replace approx.100 Lf.of existing building fascia,including Bell Tower,new fascia material shall match existing $ fascia specifications,including size and type. Seal caulk exterior soffit vents $ Prime and paint fascia,soffits,flashing.The contractor shall use Sherwin Williams paint,specification will be provided by the $ City. Total$ E FLOORING REPAIRS Remove and replace approx 250 square feet of existing interior flooring 1st and 2nd floors.New flooring material shall match $ existing floor specs including size,type,color,finish and specie. Repair sub-flooring as necessary to ensure new flooring is properly supported and any associated vapor barrier. $ Existing flooring to remain within 4"of repaired flooring shall be feather sanded and finished to match existing color,and finish. $ Total$ i" PREPARING AND PAINTING BUILDING Protect existing landscaping,lighting,stairs,sidewalks within 15'of building exterior $ Pressure wash entire building exterior including windows,doors,handicap accessiblity ramp and bell tower. $ Remove all hooks,nails,screws affixed to building exterior,fill and seal open holes $ Prep for paint and seal caulk all accessiblity ramp railingthat is attached to the building exterior. $ Seal caulk exterior of all windows(57) $ Seal caulk exterior of all doors(8) $ Seal caulk all cracks in buildings(less then 1/8") $ Repair exterior stucco(greater then 1/8")contractor shall grind repaired area to create an area not greaterthen double the existing area and apply concrete adhesive bonding agent and stucco.Stucco repair shall match existing finish. $ Stucco repair that has exposed rebar shall be repaired by grinding area,prep rebar with a rust remover inhibitor.Prime and paint. $ Sand all handrails,apply rust remover and inhibitor.Prime and paint. $ Prime and paint entire exterior of building including windows(57),doors(8),and Bell Tower.The contractor shall use Sherwin Williams paint,specification will be provided by the City. $ Total$ All quotes shall be received by noon Friday,December S,2018 1� . f Gail M.Mootz Boynton School Repairs and Exterior Painting Project Manager 0:561-742-6223 C:561-307-2185 Page 289 of 1207 � 1 771E STATS 8 �' OF STATE CffyoFBOYNmrtAND BBA DBPARTMW IQQ.p� ThI3 Arowwd is by and bd�the State of FtorW of S ewaM refined to as the 'Dividan,° and the �Div>�at Hisbomc�l R �Graatee," �'O Ba}a.Bea* D t) n*UW Io as the The GMAM has been Ammded a S=H Malddng Gmat by ff*D gx�urt muster 19.h�.100,066 Sot the Pra�ecl" BWntmSffwdR""sandEmtmiwpatft- DrGr is amount af;�6t),OOD00 Pert to Line It mS09(); aocrta{eted in$oe2fl19 Getmel A AwandA> 1�TheDivid m�s Fb&k The ivlsim has fire bts Act HB .5 L Lam of � � w Sec M 2&.0617.Fki fard,¢SfodatrB, of the mntu� and �redhe�'ems 1• Gantl'nrgase:� Poqxne&r which caged Sar Bre"&yyato¢>SdnotRVft and&Ww P tare pad+lic L The c " ftjdbwjV SO)PL effardsWMbeuseadtoma' and ►rGreood yasxteeaeto Sire a fiO d'imp Q`the Hognua4,1 Sahoad esw�as the�ar wSibe Cha*hvldawMWwbeused£Q B dOO&1-4snd57vuood#rau�v, rvs Ali tasks ,dthtt�eProjeo.�t&aIlmeett� ft�1jm eetfw&in fids b, meorpfD and P Of warts faynlw a be awar&& fisted iro iheScope Pam Mmnber paw Ammft s map 1 mumbdmy ( I fA g ;DAvaubbG WXbe a' I i dm end Cumewa for Aff&Won end I Pay=m t(AIA $1 C�tiScate foot DommmtG7M)&W � 1 Pqmft( I SdwdutsC' S andand 3drradwe Cf ' 1 or ATA t I callmd va m dwwft at a parat of gv f °atlemc�paF d thep � Page 290 of 1207 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere,City Manager City of Boynton Beach P.O.Box 310 Boynton Beach,FL 33425-0310 Notices to CONTRACTOR shall be sent to the following address: ANZCO,INC. 7/ CQCO"C- /eCGi .. 4T+�.�r FV—- 3- 18. 18. 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 e.-al. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119,07. The City is public agency subject to Chapter 119, Florida Statutes..The Contractor shall Comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perforin the service; B. Upon request from the CITY's custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla. Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,Contractor shall destroy all copies of such Confidential and exempt records remaining in its Possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY's Custodian of public records,in a format that is Compatible with the information technology systems of the CITY. Page 291 of 1207 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING-To THIS CONTRACT, CONTACT THE PUBLIC RECORDS: CUSTODIAN OF JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH,FLORIDA, 33435 561-742.6061 PYLEJ°@BBFL.US THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. t i Page 292 of 127 DATED this dayof� x_.20�y. CITY OF BOYNTON BEACH Lori L eniere, ity Manager C tACTOR Attesf/Authenticated: Title r� Judy e,�tYrik (Corporate Seat) Approved as to Form; Attest(Authenticated: Jam A.Cherof, ity A Y S fietary 6 Page 293 of 12& AC /O p' THISCERTIFICATE OF LIABILITY INSURANCE DATE(Mma n," ER CER TE DOE IS 133UED AB A MAITER OF BdFORMATNAI ONLY AND CONF CERTIFICATE DOES NOT AFFIRMgTWELY OR NEGATIVELY AMEND, ERS NO RIGNTS UPON THE CEF.TIFICATE HO 1010 BELOVE THIS CERTIFICATE OF INSURANCE EXTEND OR ALTER THE COVERAGE AFFO,=pEc BY THE POLICIE$ REPRESENTATIVE OR PRODUCER, DDES NOT CONSTITUTE A CONTRACT B SER THIS IMPORTANT: I AND THE CERTIFICATE HOLDER. ETWEEN THE ISSUING INSURER(3),AUTHORIZED the certificate hol�r rs an ADDRIONAL INSURED,the Polk ies III loans and CoMRkns er the PaBcy,certain policies ma l ceAiflcste ladder In Ilau of such endoraemern a must be endorsed. II SUBROGATION IS W nter 1191113 to y require an endorsement A statement on this to rNOWCEN - _ _ CaAlBcate it.not�D,!O W.F.Roemer insurance Agency,In the 3775 Roemer Avenue c CerNcate D Coral Springs FL 33065 °ryp`g�' �"-" t- ,..�a. €_9547313500 "FAR ��.�. Ansa•-cartRiratea 1119511 5438 _.....- INeINiED __. ._..-._ .-- . eAURERB' pgDM0601ERACE .-.`�' -_,.._.Ar+iCO-i "- -. ._. BTauRERA:American BuOder¢Insurance Co AnzoD,Inc. II _ 9671 Carousel Circle South msunEn a ftLr+Ins.Co.W it MO -` t O Boca Raton FL 33434 INSIM"F:Evanston Insurance f pmT an - 34932 ■TsuNER e ---_—_ COL'ERAGES CERTIFICATE NUMBER: INSURER F; THIS IS TO CERTIFY THAT THE 94612953 -` INDICATED NOTNITHSTANDING IES EMEN NTE LISTED BELOW FIAVE BEEN ISSUED TD THE I DOCl1MFJ9T WITH RESPECT TO NDICAIEo MAY TH ISSUED OR MAY pERTAINETHE INSU �SION NUMBER - TERM OR CONDITION OF ANY CONTRACT OR O FD NAMED RIVE FOR THE POLICY F-XCLUS10N".-,--,,CONDITIONSAND OF SUCH POLICIES.LIMITS SHDWAICE QED BY THE PERIOD Lm--_ -• MAY NAVE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL 11iE TERMS, - 7yPE orltlaURANCE �?A8's§.I -- .,._...,_,._ -."_BEEN REDUCED BY PAID C X COMItERC1AL OFJIERAL LIABILITY POYCYN I POUCYEFF` CLAIMS. -. .�_ -UMBER F�' 3C525ET MMIO LIABTg ..—,.. ,CWMa-M1UDE X�OCCUR 7r1}Y10f8 � T1771201g�`"� - OCCURRENCE ..._.4Po�St.�JTO�Id1E�1 `GErrI AOCREOATEUMITAPPLESPER rt 1 I MEDEXPjAm„'me,wrrm 55000 _ _.,.!Pq.ICY O JPRECi LOC ir PERSON,4&ADV Wjmy S 1000, 000 `b4'Y�p- I F I �,41:NPR�Atl,AUCPL�C.4Y1:. �S2,�ppe 9 I AUTOMOBILE LUIBfury 15YDW7p0p15E3 gkbQ 'S COMPICPAGG{S7 D:,dU2d ANYAUTO (t I 1111&2011 11nE2016 ON Q�J4 LELI I. S � ,—•�� AUTO EO �.,R AUTOS I ,1 >SI, _ �Ei,iOrxJI, Ix IaCaa4Y INa/RY(I°erprNe0e1) a HIRED Al1T0B X 1 ANEO - IN PR a IAMeREW1LIAB I '.—'•" .—, i d Li�t�SiSflDgMAOE"—`'S —.. Excess LIAR EACH OCCURRENCE OED (( - AGGREW i, A 1wOitN9NarAN RETENnONS .- TE S 'ANOEMR&Vft.LIABILITY 4IIw gggS10E ,..�.._-. -' ..._.I _... IArA•PROPRIEI'OR/PARTNERIXECVnyE 7/$12015 1 7/2112019 �� S Y/N IIIIOFnCERAfEMBERENCLUI a NIA x ,AY 7 rNersMeowrla NX) j G{ OESCRp TpN undo, O,PE I El EACH AGpDENT S1.0W.000 RAnauslaalow EL DisEASE Ea EMPLowe,�a1,o99090 -- I E.L DISF_ASE•POUCy LIMIT 7 . DESCRIPTION OF OPERATpISIL - Th OWITIONE/YEMCLEa(ACOR0101,AtltlMaNMI ReRurAe interest dCity of Boynton Beach is included as Adddional InsuredieOiM• when requlretl byWilkinCon7ac[subject tpc1,temla and Conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORC City of Boynton Beach THE RI)ANCEW DATE THEREOF, NOTICE WILL BE 0� oyn ACCORDANT Wlryl THE POLICY Pp DELNERED IN Boynton Beach FL 33425d ews+ous. �AUTNORIZEp R. �(EBEN�TA7/I�Y�E// _ ACORD 2D(2014101) The ACORD name and 01985.2014 ACORD CORP Togo are registered marks of ACORD ORATION.A11 rlgh- reserved. Page 294 of 1207 CITY F RT ASE ORDER PROCUREMENT SERVICES DEPARTMENTON FLORIDA 3301 Quantum Blvd, Suite 101 BOYNTON BEACH,F LLORIDA 33425-0310 DATE:#12/10/18 VENDOR 7736 TO: DELL MARKETING, LP SHIP TO: ONE DELL WAY, BOX RR8-11 City of Boynton Beach ROUND ROCK, TX 78682 POLICE DEPARTMENT 2045 HIGH RIDGE RD, BOYNTON BEACH, FL 33426 REQUISITION N0. 72803 ORDERING DEPARTMENT: POLICE m d er DATE NEEDED: BID N0: COMMISSION APPROVED: — e r LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 1.00 EA POWEREDGE R640- PRODUCTION VENDOR ITEM NO. - 21OAKWU 10269.6000 10269.60 2 2. 00 EA VSPHERE STANDARD S[7PP012T 3y VENDOR ITEM -'NX 2000. 0000 4000.00 3 1. 00 EA POWEREDCE8640 DR VENDOR I;'i'EM Np 210 ��_ 10269.6000 10269.60 REMARKS SERVER FOR CAD RMS PROJECT PIGGYBACC STATE.:CONTRACT'. #43 2115 b 0 WSCA 15='ACS QUQTE ##300003179 -463.1. . DO NOT MAIL PO PT); . WILL SEND :TO VENDgl. . ,1 PROCUREMENT SERVICES: v P.O. TOTAL: 24539.20 ACCOUNT NO. PROJECT 302-4119-580.64-15 IT1701 PURCHASING Page 295 of 1207 pp co H H \ (L I ,4 H H ' m W I I I \ \ P] I I I N C4 •-i H I I , F E, E I ; F� o O I 1 � � N I ' p 01 O 01 Ch W o ko m O I .14 Ln a i , z I I I H I I 14,1 a U Z A w a' a p ; L' 2uFi o 0 o w o O o WO o aAa F'0UHU HNO{1 op r•Oi'" H Z oO oLn o m to �o ob�E 'mQ o ] OO on IiU I 0 O N U O O 0 5 W C2J° ° �O N iHX z 20 ma po F F0 M N O z U) L1a O OO ° N O O 0 FC ' ' F a ' O O O U o UarA�, A N4 W WoUoUoCj Z O O W a h[, H 114 H Pa GO HaHagHPAHW U) N 0 F Q ; '"'� H H aW A w > I I Q W w ; i Q H H w E-4 CUP p cq ' I H , U Z H F O W W H ' I � QZ�FraiH O H v] cry a OIW0W0W O r� 14—0112, n" WW EW"pai Ew p ' gOzQ�QH a Urn 1071`3 MU wRCw ' mo� wwwwww A �o ZOH HOF �g ZFZNZF �C WO I 1mL� -4WGAY H'JH'JH') U Wo Uaa xDa meq" UZU�U� N Wm o a x7 H H I Qtl'fxH\ ; 00690 u UU U,pv a a ; Paper] mop FlF O <� � �$' P4 a° Wad Aa0 QW0, Ln Ln Ln �� v u tmu mu 0uu a w c Uo H A 0.1 0 WEU gtnU TUU to a O O o N a CA 5 Q H O ' �>+Q FAQ GL7 1-1 Q ' CD oo °° Z qU 3b O O r� H U aH a A g ; H woo wo O�WQCU51 w.mo°UIap p! 0o10 W Sp N p O HW Pi WEU U F-II 0 COUm m W OUuUbpO "' y a a , rd q e 1 H cn!fi U) ..i Rf (6 0 O N a",�' j N i H•"I N m U �4 a w 0O a Fp u0 o a Page 296 of 1207 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 12/13/2018 Requesting Department: Police Contact Person: Zeller Explanation for Purchase: Purchase of computer service that is needed for our CAD and RMS purchases through new server will run the new Software and allow the police department to grow in the re. The configuration has been recommended by the CAD/RMS vendor and is consistant with industry b practices. In addition, this server will be maintained by Motorola which will create �' best between programs and accountability if any issues arise with service. continuity Recommended Vendor Dell Inc. Dollar Amount of Purchase 24,539.20 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Emergency Purchase Budgeted Item Other Contract Number: 43211500-WSCA-15-ACS NOTE: Pricin g proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchaser 0 Approvals: Department Head, f - , Date Purchasing Agent / Asst City Manager Date_ Date City Manager Date c Form Revised 02/01/02 Page 297 of 1207 Sales rep:Landon Becker 13000031791463.1 SMC A quote for your consideration! Based on your business needs, we put the following quote together to help with Total: $24,539.20 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: Solution ID: Deal ID: 3000031791463.1 Dec. 12,2018 Jan. 11,2019 10417488 16829132 Company name: Customer number: Phone: CITY OF BOYNTON BEACH 861622 (561)742-6070 Sales rep information: Billing Information: Landon Becker CITY OF BOYNTON BEACH Landon_Becker@Delt.com P 0 BOX 310 (800)456-3355 100 E BOYNTON BEACH Ext:5138244 BLVD BOYNTON BEACH FL 33425-0310 us (561)742-6070 Pricing Summary Item Qty Unit Price Subtotal PowerEdge R640- Production Vsphere Standard+Support 1yr 1 $10,269.60 $10,269.60 PowerEdge R640- DR 2 $2,000.00 $4,000.00 1 $10,269.60 $10,269.60 Subtotal: $24,539.20 Shipping: $0.00 Environmental Fees: $0.00 Non-Taxable Amount: $24,539.20 Taxable Amount: $0.00 Estimated Tax: $0.00 Total: $24,539.20 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Page 1 ©2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682. Page 298 of 1207 Sales rep.Landon Becker 13000031791463.1 Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, Landon Becker Group 1 - Group 1 Shipping Contact: Shipping phone: Shipping via: Shipping Address: BARRY BRANDENBURG (561)742-6070 Standard Delivery BOYNTON BEACH CITY HALL 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435-3899 US SKU Description Qty Unit Price Subtotal PowerEdge 8640-Production 1 $10,269.60 $10,269.60 Estimated delivery date: Jan.2,2019 Contract No:WN08AGW Customer Agreement No:43211500-WSCA-15-ACS 210-AKWU PowerEdge R640 Server 1 329-BDKC PowerEdge R640 Motherboard 1 461-AADZ No Trusted Platform Module 1 321-BCQL 2.5 Chassis with up to 10 Hard Drives and 3PCIe slots 1 340-BKNE PowerEdge R640 Shipping 1 340-BLUC PowerEdge R640 x4 and x10 Drive Shipping Material 1 338-BLMC Intel Xeon Gold 6130 2.1G, 16C/32T, 10.4GT/s, 22M 1 Cache, Turbo, HT(125W) DDR4-2666 374-BBBX No Additional Processor 1 370-ADNM Blank for 1CPU Configuration 1 412-AAIQ Standard 1U Heatsink 1 370-ADNU 2666MT/s RDIMMs 1 370-AAIP Performance Optimized 1 780-BCDS Unconfigured RAID 1 Page 2 ©2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682. Page 299 of 1207 Sales rep:Landon Becker13000031791463.1 405-AAMS PERC H740P RAID Controller, 8GB NV Cache, Mini card 1 403-BBPZ BOSS controller card+with 2 M.2 Sticks 24OG (RAID 1),LP 1 634-BRIO VMware ESM 6.7 U1 Embedded Image 1 634-BIOE Windows Server 2016 Standard,1 6CORE,Media Kit 1 385-BBKT iDRAC9,Enterprise 1 379-BCQv iDRAC Group Manager, Enabled 1 379-BCSF iDRAC,Factory Generated Password 1 330-BBGY Riser Config 4, 2X16 LP 1 540-BBUK Broadcom 57416 2 Port 10Gb Base-T+ 5720 2 Port 1 Gb 1 Base-T, rNDC 385-BBLR VFlash Card Reader with 16GB Vflash SD card 1 429-AAIQ No Internal Optical Drive 1 384-BBPR 5 Standard Fans for R640 1 450-ADWS Dual, Hot-plug, Redundant Power Supply (1+1), 750W 1 350-BBBW No Bezel 1 350-BBJT Dell EMC Luggage Tag for x10 1 350-BBKB No Quick Sync 1 750-AABF Power Saving Dell Active Power Controller 1 800-BBDM UEFI BIOS Boot Mode with GPT Partition 1 387-BBMK Energy Star 1 770-BBBL ReadyRails Sliding Rails With Cable Management Arm 1 631-AACK No Systems Documentation, No OpenManage DVD Kit 1 634-BIMY Windows Server 2016 Standard Edition,Secondary OS, No 1 MEDIA, 16 CORE 332-1286 US Order 1 813-9255 Dell Hardware Limited Warranty Plus On-Site Service 1 813-9259 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service 1 with Emergency Dispatch, 3 Years 813-9260 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service 1 with Emergency Dispatch, 2 Years Extended 813-9268 ProSupport Mission Critical: 7x24 HW/ SW Technical 1 Page 3 ©2014 DO Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock, TX 78682. Page 300 of 1207 Sales rep:Landon Becker(3000031791463.1 Support and Assistance, 5 Years 975-3462 Dell Limited Hardware Warranty Plus Service, Extended 1 Year(s) 989-3439 Thank you choosing Dell ProSupport. For tech support, visit 1 //www.dell.com/support or call 1-800-945-3355 900-9997 On-Site Installation Declined 1 370-ADNF 32GB RDIMM 2666MT/s Dual Rank 3 400-AXSW 960GB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug 5 AG Drive, 1 DWPD, 1752 TBW 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet 2 (3m), Power Cord, North America 492-BBDH C13 to C14, PDU Style, 12 AMP, 2 Feet(.6m) Power Cord, 2 North America SKU Description Qty Unit Price Subtotal Vsphere Standard+Support lyr 2 $2,000.00 $4,000.00 Estimated delivery date:Jan.4,2019 Contract No:WN08AGW Customer Agreement No:43211500-WSCA-I5-ACS 210-AHRT VMware v5phere Standard 2 332-1286 US Order 2 808-4210 ProSupport for Software, VMware, Contract, 5 Years 2 929-3709 Thank you for Your Order 2 935-6720 Thank you for Your Order 2 634-BFMV VMware v5phere Standard, 1CPU, 5YR 2 License/Maintenance 808-4213 ProSupport for Software, VMware,vSphere Standard, 1 2 CPU, 5 Years Subtotal: $14,269.60 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $14,269.60 Page 4 ©2014 Dell Inc.U.S.only.Del!Inc.is located at One Dell Way,Marl Stop 8129,Round Rock, TX 78682. Page 301 of 1207 Sales rep:Landon Becker 13000031791463.1 Group 2 - Group 2 Shipping Contact: Shipping phone: Shipping via: Shipping Address: BARRY BRANDENBURG (561) 742-6070 Standard Delivery BOYNTON BEACH CITY HALL 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435-3899 US SKU Description Qty Unit Price Subtotal PowerEdge 8640-D 1 $10,269.60 $10,269.60 Estimated delivery date: Jan.2,2019 Contract No:WN08AGW Customer Agreement No:43211500-WSCA-15-ACS 210-AKWU PowerEdge R640 Server 1 329-BDKC PowerEdge R640 Motherboard 1 461-AADZ No Trusted Platform Module 1 321-BCQL 2.5 Chassis with up to 10 Hard Drives and 3PCIe slots 1 340-BKNE PowerEdge R640 Shipping 1 340-BLUC PowerEdge R640 x4 and x10 Drive Shipping Material 1 338-BLMC Intel Xeon Gold 6130 2.1G, 16C/32T, 10.4GT/s , 22M 1 Cache, Turbo, HT(125W) DDR4-2666 374-BBBX No Additional Processor 1 370-ADNM Blank for 1CPU Configuration 1 412-AAIQ Standard 1 U Heatsink 1 370-ADNU 2666MT/s RDIMMs 1 370-AAIP Performance Optimized 1 780-BCDS Unconfigured RAID 1 405-AAMS PERC H740P RAID Controller, 8GB NV Cache,Mini card 1 403-BBPZ BOSS controller card +with 2 M.2 Sticks 24OG (RAID 1),LP 1 634-BRIO VMware ESXi 6.7 U1 Embedded Image 1 634-BIOE Windows Server 2016 Standard,16CORE,Media Kit 1 385-BBKT iDRAC9,Enterprise 1 379-BCQV iDRAC Group Manager, Enabled 1 Page 5 ©2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682. Page 302 of 1207 Sales rep:Landon Becker 3000031791463.1 379-BCSF iDRAC,Factory Generated Password 1 330-BBGY Riser Config 4, 2x16 LP 1 540-BBUK Broadcom 57416 2 Port 10Gb Base-T+5720 2 Port 1Gb 1 Base-T, rNDC 385-BBLR VFlash Card Reader with 16GB Vflash SD card 1 429-AAIQ No Internal Optical Drive 1 384-BBPR 5 Standard Fans for R640 1 450-ADWS Dual, Hot-plug, Redundant Power Supply(1+1), 750W 1 350-BBBW No Bezel 1 350-BBJT Dell EMC Luggage Tag for x10 1 350-BBKB No Quick Sync 1 750-AABF Power Saving Dell Active Power Controller 1 800-BBDM UEFI BIOS Boot Mode with GPT Partition 1 387-BBMK Energy Star 1 770-BBBL ReadyRails Sliding Rails With Cable Management Arm 1 631-RACK No Systems Documentation, No OpenManage DVD Kit 1 634-BIMY Windows Server 2016 Standard Edition,Secondary OS, No 1 MEDIA, 16 CORE 332-1286 US Order 1 813-9255 Dell Hardware Limited Warranty Plus On-Site Service 1 813-9259 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service 1 with Emergency Dispatch, 3 Years 813-9260 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service 1 with Emergency Dispatch, 2 Years Extended 813.9268 ProSupport Mission Critical: 7x24 HW/ SW Technical 1 Support and Assistance, 5 Years 975-3462 Dell Limited Hardware Warranty Plus Service, Extended 1 Year(s) 989-3439 Thank you choosing Dell ProSupport. For tech support, visit 1 //www.delLcom/support or call 1-800-945-3355 900-9997 On-Site Installation Declined 1 370-ADNF 32GB RDIMM 2666MT/s Dual Rank 3 Page 6 00 2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682. Page 303 of 1207 Sales rep:Landon Becker 3000031791463.1 400-AXSW 96OGB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug 5 AG Drive, 1 DWPD, 1752 TBW 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet 2 (3m), Power Cord, North America 492-BBDH C13 to C14, PDU Style, 12 AMP, 2 Feet(.6m) Power Cord, 2 North America Subtotal: $10,269.60 Shipping: $0.00 Environmental Fees: $0.00 Estimated Tax: $0.00 Total: $10,269.60 Page 7 ©2014 Dell Inc.U.S.only.Dell Inc.is located at One Dell Way,Mail Stop 8129,Round Rock,TX 78682. Page 304 of 1207 Sales rep:Landon Becker 13000031791463.1 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 Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.dell.com/learnIus/en/uscorp1/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.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.delt.com/AEULA) and use of the Dell-branded system software is subject to the Del[ End User License Agreement - Type S www.deti.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 Boom! 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/collateral/sales/dellemc-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 will 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 P0, 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_Departmentodell.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,Mar!Stop 8129,Round Rock,7X 78682. Page 305 of 1207 NASPO ValuePoint Cooperative Purchasing Organization I Dell Page 1 of 2 Call Us 1-800-456-3355 or Click to Chat Premier Login I t Products Solutions a Services Support My Account Search Financing Live Chat or Call Available Contracts Coupons Dell Advantage Rewards Price Match Welcome to the Dell HASPO ValuePoint Cooperative Purchasing Organization. 2015-2020 MASTER PRICE AGREEMENT FOR COMPUTER EQUIPMENT,PERIPHERALS,AND MASTER PRICE AGREEMENT FOR DATA COMMUNICATIONS RELATED SERVICES (Networking) CONTRACT NLMBER MNWNC-1C8 CONTRACT NUMBER AR602 2015 Master Price Agreement Data Communications Master Price Agreement(Networking) Solicitation and Bid Response Program Information Program Information Approved Pricing Sheets Products and Services Schedule(PSS)-Dell Branded Products Products and Services Schedule(PSS)-3rd Party Products PSS User instructions Baseline Price List Historic Baseline Price Lists available upon request. Find out more information on each of the individual states Additional information: • Third Party Product Warranty Escalations • Dell-Branded Product Warranty Support • Check Order Status: • Click"Customer Service and Support"above or Call Customer Care Based on your Customer Type: Higher Education=800-274-7799 K-12=888-977-3355 State At Local Government=800-981-3355 • Service Options/Service Agreements • Environmental Certification • Take-back and Recycling • Environmental Programs and Certifications EPEAT • Energy Star • Blue Angel • Green Guard • Nordic Swan • TCO • Information on accessibility and accessible products Information regarding the use of Conflict minerals,as required by Section 13(p)of the Securities Exchange Act of 1934,as amended,and the rules promulgated thereunder.See:http://www.sec.gov/rules/final/2012/34-67716.pdf. Do more with Dell About Dell Legal Community cM Employee and Student Investors Ads B Emails The Dell Community United States Discounts company l nformation Privacy Statement Read Our Bing Partner Program Corporate Social Legal&Regulatory Events Dell Outlet Responsibility Terms of5ale Make a Payment Customer Engagement Tradernarks careers Dell Newsroom Dell Technologies ®2018 Dell Terms of Sale Unresolved Issues Privacy Ads&Emails Contact Site Map Feedback https://www.dell.com/learn/us/en/04/slg/wsea-naspo-new-for-review?c=us&l=en&s=bsd 12/13/2018 Page 306 of 1207 NASPO ValuePoint Cooperative Purchasing Organization I Dell Page 2 bf 2 Ultrabook,Celeron,Celeron Inside,Core Inside,Intel,Intel Logo,Intel Atom,Intel Atom Inside,Intel Core,Intel Inside,Intel Inside Logo,Intel vpro,Itanium,Itanium Inside, Pentium,Pentium Inside,vPro Inside,Xeon,Xeon Phi,Xeon Inside,and Intel Optane are trademarks of Intel Corporationor its subsidiaries in the U.S.and/or other counuies. 'Rewards are issued to you online Dell Advantage Loyalty RewardsAccount(available via your Dell.com My Account)typically within 30 business days after your order's ship date;Rewards expire in 90 days(except where prohibited by law)."Current rewards balance"amount may not reflect the most recent transactions occurring within the past 30 business days.Bonus rewards on select purchases identified at delt.com/businessrewards orby calling 800-456w 3355.Total rewards earned may nwt exceed$2,000 ithin a 3 month period.Outlet purchases do not qualify for rewards.Expedited Delivery not available on certain TVs,monitors,batteries and adapters,and is available in Continental (except Alaska)U.S.only.Other exceptions apply.Wt valid for resellers and/or online auctions.See Dell.com/busiressrewardsfaq. "Dell Business Credit:Offered to business customers by WebBank,Member FDIC,who determines qualifications for and terms of credit.Taxes,shipping and other charges are extra and vary.Minimum monthly payments are the greater of$15 or 3%of the new balance shown on the monthly billing statement.Dell and the fell logo we trademarks of Deur Inc.. t Available to accredited K-12 schools f—i—titutio nal use only.Speak to your Dell soles professional or Dell Partner Direct reseller to see if your shoo(qualifies for this special offer. Contact your Microsoft representative for more information about Shope the Future. Dell Promotional eGift Cards arrive via email 10.20 days from ship date.Expires in 90 days(except where prohibited by law).See dell-con-/giftcard/promotem s. CookieCo nsent https://www_dell.com/leam/us/en/04/slg/wsea-naspo-new-for-review?c=us&l=en&s=bsd 12/13/2018 Page 307 of 1207 Computer Equipment, Peripherals, and Services/Alternate Contract Source/State Contr... Pagel bf 2 Skip to Main Content Department of Management Services Florida Deoartment of Management Services > Business or)erations > State Purchasing > State Contracts and Agreements > Alternate Contract Source > Computer Equipment, Peripherals, and Services << Return Computer Equipment, Peripherals, and Services43211500-WSCA-15- ACS Contract Details Effective Period 09/30/2015 through 03/31/2020 1 Contract Type Alternate Contract Source • Contractors • Pricing Contract information Product CatecLor_ies How to Use This Contract E gJovee Discounts Master Agreements Contract Documents Participating Addenda Amendments and Memorandums • Christogher McMullen Contract Administration (850) 922-9867 • christop�her.mcmullen(idms.mvflorida.com Commodity Codes UNSPSC-43211500, UNSPSC-43211600, UNSPSC-432119001 Description This alternate contract source (ACS) authorizes the use of the National Association of State Procurement Officials`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 addendums are entered on behalf of governmental entities in Florida for Ace,Apple, Ciara, Cisco, CTL, Dell, EMC, Firefly, Fujitsu, Hitachi, Howard, HP, IBM, Lenovo, Microsoft, Microtech, NetApp, Nimble, Panasonic, Pure Storage, Samsung, Transource, and Xiotech. https://www.dms.myflorida.corn/business_operations/state—Purchasing/state_contracts_an... 12/13/2018 Page 308 of 1207 Computer Equipment, Peripherals, and Services/Alternate Contract Source/State Contr... Page 2 of 2 Terms,,n!— Conditions I PrivacYStatement 1 Accessibility Stateme—.nt I Copyright ©2018 Department of Management Services - State of Florida https://Www.dms.myflorida.con-/business_operations/state—Purchasing/state_contracts_an... 12/13/2018 Page 309 of 1207 Contractors/Computer Equipment, Peripherals, and Services/Alternate Contract Source ... Page 1 of 3 SkiE._to Main Content Department of Management Services Florida Department of Management services > Business d O erations > State Purchasing > State Contracts anAgreements > Alternate Contract Source > Com uter Ec uiui ment PerioheralsLand Services > ....... Contractors — — — – Computer Equipment, Peripherals, and Services43211500- SCA-15- ACS Contractors Contractor List Florida CBE Climate Utilizes Name Friendly Recycled Authorized Coverage Code preferred Products Area Resellers Products Ace Tech Partners A - Non- Minority (No I No IYes I Statewide I Aoole A - Non- Minority I NO No I No I Statewide I Ciara A - No I NO I N° I No (Statewide I CiscoI A - Non I Minority I NO I No I Yes I Statewide CTL I A - Non I No I No I No Minority I Statewide I Dell A - Non- Minority I No I No I Yes I Statewide I EMC Corte. A - Non No Minority I INo I Yes IStatewide I Firefly A - Non- Minority I No I No I No IStatewide I Fuiitsu A - Non Minority INo INo IYes IStatewide I Hitachi A - Non Minority I No I No I No I Statewide I Howard A - Non Minority INo INo I No I Statewide I HP Enterprise Back A - Non- Office_Products Minority I No I No I Yes I Statewide I HP, Inc. CFront Office IMinority A - Non- Products) I No I No I Yes I Statewide I IBM A - Non- Minority INo INo I No I Statewide I LenovoI A - Non I Minority I NO No Yes I Statewide Lenovo,Global TechnolO—Q.y-�United A - Non- No States Inc. Minority No Yes Statewide Microsoft A - Non- Minority No No IYes I Statewide I https://www.dms.myflorida.com/business_operations/state_purchasing/state_Contracts_an... 12/13/2018 Page 310 of 1207 Contractors/Computer Equipment,Peripherals, and Services/Alternate Contract Source ... Page 2 of 3 Florida CBE Climate Recycled Utilizes Coverage Name Code Friendly Products Authorized Area Preferred Resellers Products Microtech I A - Non- No I No I Yes I Statewide I Minority Neta°p I Minority I No I No I No I Statewide I Panasonic A - Non- No I I No I Yes I Statewide I Minority Pure Stara e A - Non- I Minority I No I No I No I Statewide A - Non- Samsung Minority I No I No I No I Statewide A - Non-Minority Minority I No I No I No I Statewide XiotechI A - Non- I No I No I No I Statewide Minority https://www.dms.myflorida.com/business operations/state_purchasing/state_contracts_an... 12/13/2018 Page 311 of 1207 Contractors/Computer Equipment, Peripherals, and Services/Alternate Contract Source ... Page 3 of 3 Terms and„Conditions I Privacy„.Statement I Accessibility, Statement I Copyright ©2018 Department of Management Services - State of Florida https://www.dms.myflorida.com/business_operations/state—Purchasing/state_contracts_an... 12/13/2018 Page 312 of 1207 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 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 313 of 1207 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. III. 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- archivestrecords-management/general-records-schedulesn, 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. Contractor Participating Addendum Contact Name Katherine Duna Address One Dell Way, Mail Stop RR 1-33, Round Rock,Texas 78682 Telephone 512-723-0818 Fax 512-283-9092 E-mail Katherine Dunayr-,,Dell,com Page 2 of 3 Page 314 of 1207 Parficicatino State Cantact Name Jeremy Williams Address Florida Department of Management Services 4050 Esplanade Way,Suite 360,Tallahassee,FL 32399-0950 Telephone_ 850-414-6740 Fax 850-414-8331 - E-mail Jerem .Williams dms.m orida.com State of Florida, Dell Marketing LI' Department ofMana int Services By: -, By: Name: Erin Rock Name:mny Y,�`c.,.at. L, +14C;w 5a J Title_ Chief of Staff Title. �.e.a�raxs.e�e5 Date: "l�'/7 Date: Page 3 Of.3 Page 315 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 1Q1 BOYNTON BEACOH,FLLORIDA 33425-0310 DATE:#12/18/18 VENDOR 16864 SHIP TO: TO: STEP CG, LLC City of Boynton Beach 407 VINE STREET, STE 210 ITS DEPARTMENT CINCINNATI, pH 45202 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 2.00 EA EXTREME 97003-30313 467.6950 935.39 EW Software Subscription - 38313 COTERM: This Year Term; 481 2 16.00 EA EXTREME 97004-31012 64.8062 1036.90 EW NBD j R3.1812' COTERM T171 s Year Team. 477 Days 3 20.00 EA EXTREME:97004�310125..3545 1307.09 LW NBD AHR 31812 COTERM Thi YearTerm.:: 481 4 6.00 FAR EME 57004-31028 4I 2733 247.64 EW NBD AHk2 31828 .tOTERM. This Year' Term.; 481 Days 5 2.00 EA EX`I'REME: :97004-31055 84 84110 169.68 ETT NBD Ai3R 31855 C OTE RM . .Thzs Year Term 481 ; . Days 6 2.00 EA; EXTREME 97004-1134020 5.1.210 0 102.52 EW NBD AHA1134828 dor AL3688A15-E6 COTERM: :Th S Year .7. 512 Days 7 1.00 EA EXTREME 917004=H34070 166:1400 166.14 EW NBD ,AHR ji3:4.878 for AL498$A$4 E6'. COTEi ?hg's:.. Year Term. 51:2: Days: 8 4.00 EA G-PART 97`887 H34878 1310.9875 5243. 95 EW 4HR AHR for LO-72:88A1 -E6 COTERM: This Year: ; Term: 366 Days 9 1.00 EA EXTREME 97003:-520098 1816.8000 1816.80 EW Software u" scri io. - S28898 PROCUREMENT SERVICES: P.O. TOTAL' ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 316 of 1207 PURCHASE CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3$01 Quantum Blvd. Suite 101 PCH FLORIDA 33425-0310 DATE® 12/18/11.8 1�IVTC BEACH, VENDOR 16864 SHIP TO TO: STEL' CG, LLC City of Boynton Beach 407 VINE STREET, STE 210 ITS DEPARTMENT CINCINNATI, Obi 45202 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 334261 REQUISITION NO. ORDERING DEPARTMENT: — • ° DATE NEEDED: RICA NO: COMMISSION APPROVED: L NE# QUANTITY LTOM ITEM ATO. D DESCRIPTION IT COST EXTENDECOSTD COTERIE: This Year Term: 481 Da 1Q 1. 00 EA EXTREME .97010 ::-52b153., . 19113,7300 1918. 73 E Software kis' —r l p 5.2$15:3:. T. Year T w48 L 11 12 ,Od EA '�T�: M '9101,03 202: 2 ,5.1800 302®16 IN of wareubi�c r�: � o - S28252 COT RM TY - Y.Aar Term.,. , 481 Days 12 1.00 :EXTREME X7003-5210255 2' 4 a :a.o 214.a6 EW ca ter re S bscri t �i 528255 co TERM Thi s Yeti Ter .4,77: 3.3 1.00 EA EX'�`IdE1�I.E 9700:3-52021:55 5 8. : a. 215.86 E '..S0 t. ware Su s i:iption 9292.5 . Thi .. e 'arra 4 I7 }r :. . .XTREME NETWORK EQUIP .ENT iNT C , TEEM EST -!!/31/2020 OU""O`E .Qi"4471 . L30MAIL .C11 PROCUREMENT SER®IICESe7,o TOTAL: 13676.92 ACCOUNT T NO, PROJECT SEE BELOW PURCHASING Page 317 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,O OFLORIDA# 33425-0310 DATE: 12/18/18 VENDOR 16564 SHIP TO: TO: STEP CG, LLC City of Boynton Beach 407 VINE STREET, STE 210 ITS DEPARTMENT CINCINNATI, OH 45202 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: • DATE NEEDED: BID NO: COMMISSION APPROVED: f LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ------------------- --- ,:wT - ----------------------- REQ/ACCT DATE REQ.....By PROJECT AMOUNT ------------------- --- --------------------- 0000072812 12/14/1$ STS, - 10333.66 00115105134622 0000072812 12/14./1.8 I .. 3343.26 40128215364917, : . PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 318 of 1207 P4 o o w -4- 04 N N I N z I I H m N dl n m O M N W 1p lD N I I �W N ri 01 Ol m h h dl O m Ol F I y W w I O mH CH" ~ m qH E I 1 lO 10 Nw ID N m 0 O O rl h N N H H H N N N N m ? O I H m O I zl N a w a I I I. I 1 ro I I o 0 0 0 0 0 o m n o 0 O H I I o 0 0 0 0 0 o M W o 0 z.m I do W O I I o 0 0 0 0 0 o M io 0 0 E U I o 0 o In of o o M W o 0 W X N .-i rl rl rl .i H G W z w F z U H a H F 7 I H m0 m haul ° � z v O W F a a H z a a OD O i ° u F ct 0 I°i m E. 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P 7. ?IOP E 2 rt P E Z P a V� N O P E P F Q i W W H U N W W G"N W W A U N W W G U N W W A U N R7 W U N W W (J N C7 F U N w d ID r m m 2 N az I Page 321 of 1207 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 F !. Date: 12/14/2018 - Requesting Department: I.T.S. Contact Person: Aaron Burri Explanation for Purchase: The ITS Department purchases annual equipment maintenance for our Extreme Network equipment. This equipment maintenance included software and hardware support. This software support allows the City to download the latest firmware for the network equipment and to call for technical support when needed. The hardware support that is carried on most of our Extreme Networks switches, and wireless access points allows for the advanced replacement of equipment that has failed to be delivered the next business day. There are four key core network switches that we car 4-Hr hardware support. STEPca was the lowest of three quotes. - Recommended Vendor STEP CG, LLC - - - Dollar Amount of Purchase $13,676.92 _ -_ _ - 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 Purchaser -22001-1510-513 - $10,33 3.66 401-2821-536 - $3,343.26 Approvals: /? I g Department Head Date /C090 --- Purchasing Date Agent Asst City Manager Date -_ - City Manager Date ----�- Form Revised 02/01/02 Page 322 of 1207 Quote JIWAW STEP CG,LLC Quote Date:11/27/2018 STAIM"Mmi PCG 137 F.Fourth Street,Suite 210 Valid Till:12/21/2018 Cincinnati,OH 45202 Quote Number:Q-4471 BILL TO: SHIP TO: City of Boynton Beach City of Boynton Beach 9 � Contact Name:Charies Stevens Quote Stage:Delivered S.No. Product Details Qty List Price n� Discount Total 1. Extreme 97003-30313 2 $513.95 $92.51 $935.39 EW Software Subscription - 30313 COTERM: This Year Term: 481 Days 2. Extreme 97004.31012 16 $74.49 $154.94 $1,036.90 EW NBD AHR - 31012 COTERM: This Year Term: 477 Days 3. Extreme 97004-31012 20 $75.12 $195.31 $1,307.09 EW NBD AHR - 31012 COTERM: This Year Term: 481 Days 4. Extreme 97004-31028 6 $47.44 $37.00 $247.64 EW NBD AHR - 31028 COTERM: This Year Term: 481 Days 5. Extreme 97004.31055 2 $97.52 $25.36 $169.68 EW NBD AHR - 31055 COTERM: This Year Term: 481 Days 6. Extreme 97004-FI34020 2 $58.92 $15.32 $102.52 EW NBD AHR H34020 for AL3600A15-E6 COTERM: This Year Term: 512 Days 7. Extreme 97004-1-134070 1 $190.97 $24.83 $166.14 EW NBD AHR H34070 for AL4900A04-E6 COTERM: This Year Term: 512 Days a. C,-PART 4 $1,473.02 $648.13 $5,243.95 97007-H34078 EW 4HR AHR for EC72001F-E6 COTERM: This Year Term: 366 Days 9. Extreme 97003-S20098 1 $1,996.48 $179.68 $1,816.80 EW Software Subscription - S20098 COTERM: This Year Term: 481 Days 10. Extreme 97003-S20153 1 $2,108.49 $189.76 $1,918.73 EW Software Subscription - S20153 COTERM: This Year Term: 481 Days U. Extreme 97003-S20252 12 $27.67 $29.88 $302.16 : EW Software Subscription - S20252 COTERM: This Year Term: 481 Days 12. Extreme 97003-520255 1 $235.23 $21.17 $214.06 EW Software Subscription - S20255 COTERM: This Year Term: 477 Days 13. Extreme 97003-S20255 1 $237.21 $21.35 $215.86 EW Software Subscription - S20255 COTERM: This Year Term: 481 Days Sub Total $13,676.92 Tax $0.00 Grand Total $13,676.92 Page 323 of 1207 Unit City City Util Util S.No Product details Price Qty Total Qty Total Total 1 Extreme 97003-30313 $467.70 2 $935.39 $0.00 $935.39 $64.81 16 $1,036.90 $0.00 $1,036.90 2 Extreme 97004-31012 20 $1 3 Extreme 97004-31012 $65.35 ,307.09 $0.00 $1,307.09 $0.00 6 $247.64 $247.64 4 Extreme 97004-31028 $41.27 5 Extreme 97004-31055 $84.84 $0 00 2 $102.52 $102.52 6 Extreme 97004-H34020 $51.26 $ 1 $166.14 $0.00 $166.14 7 Extreme 97004-H34070 $166.14 g 2 $2,621.98 2 $2,621.98 $5,243.95 Extreme 97007-H34078 $1,310.99 $0.00 $1,816.80 9 Extreme 97003-S20098 $1,816.80 1 $1,816.80 10 Extreme 97003-S20153 $1,918.73 1 $1,918.73 $0.00 $ .73 $302 11 Extreme 97003-520252 $25.18 4 $100.72 8 $201.44 $302.16 12 Extreme 97003-S20255 $214.06 1 $214.06 15.86 1 $215 86 $0.00 $215.86 13 Extreme 97003-S20255 $2 City Total $10,333.67 Util Total $3,343.26 $13,676.92 Page 324 of 1207 ,+ Pricing Proposal Quotation M 16373683 Created On: 12/7/2018 Valid Until: 12/31/2018 City of Boynton Beach Inside Account Manager Charles Stevens Kelsi Komoroski 100 E.Boynton Beach Blvd 290 Davidson Ave Boynton Beach,FL 33435 Somerset,NJ,08873 UNITED STATES Phone:800-543-0432 Phone: (561)742-6079 Fax: 732-868-6055 Fax: Email: Kelsi Komoroski@shi.com Emai: StevensC@bbfl.us All Prices are in US Dollar(USD) Qty Your Price Total Product 1 Extreme Contract Renewal EXT-R715993 1 $13,756.41 $13,756.41 Extreme Networks-Part#:EXT-R715993 Contract Name:Open Market Contract#:Open Market Note:Please see the attachment for the list of assets Total $13,756.41 Additional Comments Extreme Networks has a no returns policy.Products can only be returned for replacement or repair during the product's warranty or service entitlement period. The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions, unless a separate resale agreement exists between SHI and the Customer. 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E m �- O NCL L N Mco m— N N N c zl U C M r am ca > '1t L M N cu 77 O r Q O fo O i�N $ N C0 O N G 14 4 jt z O O O (0 U O UF 1sl i 2 d O w a > 0 W s >c a p >+O � co O w M tpi�}e O 3 c6 A to 0N � M �� a � ,, �' c s O 2 U CL ` > U) a0+ l� ? •c L O is` Co 0 7 a. 41 O d to U ISa,tg in LO V Mi,h ��'. 7 USIAt' O M 6 r wa M y �! w rn C mV) d w C U O v= H O N 7 O to > O 'Q �` vi LL O 73 O J.rO O O a N Q) m O M m CV ID m La it m K C tp VOi r {� 0- O W m C N^ y 4th m 0 U. C p a) r w 3 V O0 OtCO O O V r CL �iLm0Si 7 , t t t' cu U � " v �4"�s _ N a� lI JA�i�` 1 O 1 4- N 0 � E rte+ M N N Wi' r 41, ti{ WO l A { I g�S�tYtY { o R)1� rt) E oo �g�s 3 0 �t AE h N W �t Q N co t tqt{i HERNIA44t C tm A ittit�y{�� rI� � 9Eyfi Page 336 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACHFOBOXRIDA , LL33425-0310 P.O. #: 190593 10 VENDOR 7736 DATE: 12/18/18 TO: DELL MARKETING LP SHIP TO: ONE DELL WAY, BOX RR8-11 City of Boynton Beach ROUND ROCK, TX 78682 ITS DEPARTMENT 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: ®®® LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED 1 10. 00 EA OPTIPLEX 3050 SFF COST 2 24.00 EA DELL 23 MONITOR594.8000 5948.00 E23.18H 108.5400 3 3 . 00 EA DELL LATITUDER 3590 2604.96 4 802.8050 2408.42 1.Oq EA OPTIPLEX 306 SF'F : :1316.8600 1316.86 REPLACE .COMPUTERS`,FOR UTILT Y DEPT:; PI�OYBAC:K STATE :CONTRAC: #43211500 WSCA 'ACS NO QUOTE #1 q:22931852027 DC3 NO MAIL 'PO `ITS WILL SEND T0: VENDpTt` 41. PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. 12278.24 SEE BELOW PROJECT - PURCHASING Page 337 of 1207 ORDER CITY OF BOYNTOPURCHASENEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,FLLORIDA 33425-0310 DATE:#; 190593 VENDOR 7736 TO: DELL MARKETING LP SHIP TO: ONE DELL WAY, BOX RR8-11 City of Boynton Beach ROUND ROCK, TX 78682 ITS DEPARTMENT 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT; .I DATE NEEDED: BID N0: •®r - a COMMISSION APPROVED: LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ------------------- REQ/ACCT DATE ----------------------- --- REQ.. By ---------------- _ PROJECT -AMOUNT 0000072739 12/06/1$ ITS ------ ---- 40128215365220 8552.96 0000072739 12/06/38 ITS;: 40128215366415 3725.28 ------------- ----------------- PROCUREMENT SERVICES: ' x P.O, TOTAL: ACCOUNT NO. PROJECT - PURCHASING Page 338 of 1207 0 o pwp i N N I H _ E o e d N P4 059 {7 N H 14W Q i I I I !r rA ' o w N l0 O 4 O O W Occ a W ul N N N N O z H El E E H8I o o o z n a O O m O W W N O H c7 a N E a E Y. o �0 q 0 1a ro a O H g w M cn i E 2 >2 r 0 i w W W q i 0 W N 0 O U O w w Fj z E a a Hd FW-1 Oa E I N M I H a U WW' AH z rVJ H U F y � ' O vH! F W i U [� a Vla m F H O O W W U}Ln V)N H F H[-I U U W r W n p z p z o a o 0 o avavwz2 W0 `4 i 5z'WJ z0H Q~ a o a o.v0 of c�ac7aWW s� a as zHzH Qaa�ww n�xaQ aA 5 aiUw� 'w' HauHzWZWm 4�u q w w wo� waw9I, a s p,a O ti 000Uao Vwa o �aWwa wa wa caro �E m H N ! wq a0ul p SO a V1 a N N N O O 2 oU HU,'£ qWW U3 �U3 i Io w W Or,�N H E I ,�.H H O H H O E^�O^� , E H 00 a i W O N O Fa WAS p WN m m w p pU] 00 .700 I CjN N N N U EMU I H N W ' FOP aO D .a7 O ppp �N ,fAj I 4 a w ,d w z U N prl W aUVJ W UN W U[!1 EUm ' O NaJ .i aW' Iai R , O W Q O I Yk H W o [7s.7 , O E [9 F'I P9 nl I ~ 1�J yF U f., a"Tn i I H.d N M V, Ori 1�J b�J"Oly a a H 0I z a ° I co n Page 339 of 1207 O p n m zl a w ' w � ' 9 ' H ' a � ' w , Q I I I z N a N N N ' t ul � ~ I H C9 U I m N oo F 1 0 p w O ~ H po a 0 a i '� •-' ' H Sa Q a H R �asx a Ow I I , R; n 'OJ W W d 0 U W w F Hm w 'F' w Z 1114, a F a N W O H 9 i f , H x ,. a az w z z b ZO W J s f ' U H a wa m / u z z z z H a a a a rW, a0' parr a U ��, Ga7g W£WW CY W 4 o a F ; q91. �QH@ HQM O 0 a w W aqz a�Wwrq w W w w 'O1',al W I xaaaua as \o W O "d.H wr^i z W V A P ow ma aw aw xazaxaxa �a Q q Q UO UOUO ao Nan w°uu gnu uuuu° Ho was W W a w a0 ro W E O o H ~' ' Nage aOH 'nQ a aps N W In H S m OO OOO Mpph a NLn E+U� ro o H w z l o .. z .. .. w w 'D e �v-lI O n N @�O OY�Q C+NQ 0o ;6 �-iIN N N u�i �2• }aaN� E' oo H a Q" Q H Q W q ippJ w 11 N N N p JJ In sM F co H .7 U , HU NOO �OU a�U ' UH .� u eln 0~ H (C N a H O m I FOO '4 w a rj0 w w v' O UN O H w auv� wum wu W ouv� Cl w a Q O O q H mogrg P4 H {7 3t H 61 r O E ca HH pap W N m ey W to .V y♦:U a 2 H N N M C a H 0iWO a o -Hold IX 0 C.w Page 340 of 1207 rt CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $101,000 Date: 12/14/2018 Requesting Department: I.T.S. Contact Person: Aaron Burri Explanation for Purchase: The Utilities Department has developed a list of computers that need to be replaced because they have reached end-of-life. These new computers will replace the computers that have been deemed at end-of-life and the old computers will be disposed of as surplus. The purchase of the new computers will use WSCA contract 43211500-WSCA-15-ACS/WN08AGW. This agreements meets the purchase requirements for the City. Recommended Vendor Dell Dollar Amount of Purchase $12,278.24 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract 0 PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: 43211500-WSCA-15-ACS /WN08AG\& NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2821-536.52-20 - $8,552.96 401-2821-536.64-15 - $3,725.28 Approvals: Department Head _ Date 17 a,Ir Purchasing Agent Date / Asst City Manager Date City Manager0-g a Cie Date Form Revised 02/01/02 Page 341 of 1207 Brandenburcl, Barry -From: Dell(please do not reply) <automated_email@dell.com> on behalf of Dell Inc. <dell_automated email@dell.com> Sent: Friday, November 30,2018 1:00 PM To: Brandenburg,Barry Subject: Dell Computer-Saved Quote Information-1022931852027 01�11`151nmnimwl "am An eQuote is now saved in your Dell Online Store. This will be held for 60 days and will expire on 01/29/2019 Your eQuote has been sent to: Emailed to: brandenburgb@bbfl.us brandenburgb@bbfl.us brandenburgb@bbfL.us To retrieve this eQuote Login to Premier Sign in to City of Boynton Beach NASPO ValuePoint 43211500-WSCA-15-ACS / WN08AGW Click on"Quotes"in the top menu bar and search for eQuote number 1022931852027 eQuote Name Utilities 11/30/2018 Rollout Saved By bran den burgb@bbfLus eQuote Description Authorized Buyer Barry Brandenburg Notes/Comments Account Name City of Baynton Beach NASPO ValuePoint 43211500- WSCA-15-ACS / WN08AGW Contract Code WN08AGW Shipping Info Billing Info Barry Brandenburg PAYABLE ACCOUNTS 3301 Quantum Blvd., Suite 101 P 0 BOX 310 Boynton Beach, FL 33426 100 E BOYNTON BEACH BLVD (561)742-6872 BOYNTON BEACH, FL 33425-0310 eQuote Summary Quantity Unit Price Subtotal Description OptiPlex 3050 SFF 10 $594.80 $5,948.00 1 Page 342 of 1207 Memory 8GB 1x8GB DDR4 2400MHz MemOrY 8GIDR4 1370-ADJUI 3 5oos372 [400-ANPLI 8 Hard Drive 3,5"50OGB 7200rpm Hard Disk Drive Additional Hard No Additional Hard Drive NADDHD [401-AANH3 637 Drive INT [490-BBFG] 6 Video Card InteLD Integrated Graphics 1325-BBRJI 16 CD ROM/DVD ROM 8x DVD-,I-PW 9.5mm optical Disk Drive BDVDRW [429-AAJVI Card Reader Selected NMCR [385-BBCRI 10 Media Card Reader No Media Ca NoWRLS [555-BBF01 19 Wireless No Wireless NOWRLS [555-BBFOI 7 Driver No Wireless NOADDIN [382-BBB71 698 selfai.Port/PS2 No Add On Cards Adapter Optiptex 3050 SFF with 18OW Standard Power SUPPLY SFAPFC [321-BCJW] 116 Chassis options (APFC) US216B [580-ADJC] 4 Keyboard Black Dell KB216 Wired Keyboard MS116B [275-BBBW] 12 Mouse Dori MS1 16 Wired Mouse NOADPTR [470 L] 592 Cables and Dongles NO ADAPTER NOESPK [817-BBBC] 200095 External Speakers No External.Speaker UBUNTU [640-BBJDI 1003 Non-Microsoft Ubuntu Linux Application Software NOMEDIA [620-AALW] 200013 operating System OS-Windows Media Not Included Recovery options NOESMRT [387-BBCG] '122 E-Star No Estar NOFGA [817-BBBB] 572 FGA Module No FGA NTRSN [461-AAEE] 189 Chassis intrusion Chassis Intrusion Switch Switch 35BRKT [575-BBKXI 705 Hard Drive Cables 3.5 inch Caddy and Brackets uSHONE [332-12861 Canada Ship options us No Canada Ship Charge NORDVD [340 ABJI1 50 Diagnostic CD I No Diagnostic I Recovery CD media Diskette French,Dell optiplex 3050 DOCENFR [34 -BKBT] 60 - Placernat Documentation,English,Fr NOVPRO [6361-ABFE] 49 Systems Management No out-of-Band Systems Management NOINTR [551-BBBJI 707 Hard Drive Software NO INTEL RESPONSIVE [340-AGIK] 21 Safety/Environment and Regulatory Guide EFDOC Documentation/Disks (English/French Multi-fariguage) 'rpm [329-BBJL] 297 TPM Security Trusted Platform Module(TPM Enabled) NOUPC [389-BCGW] 292 UPC Label No UPC Label 1340-BKFK1 465 Packaging, Shipping Material for System,Small Form Factor SHPDA0 [389-BBUUI optical Software CMS Software not included NOPDVD [632�BBBJJ ML [389-BLSVI 749 597 processor Branding LABEL,INTELL,Cl 5,6,SML KC15S CompuTrace NCTRACE [461-AA13F] 697 offerings+Stoptrack No Computrace Label US125V [450-AAOJI 20 power Cord System Power Cord(English) REGMEX [389-BRLHI 676 Regulatory Label Reg Label,SFF,MFX,STl) .1 200050 Transportation fromstandardshipment STD [800�wm ODM to region with onsiteiln-Home N3D3 [903-8583] 29 Hardware Support 3 Years Hardware Service [903-85901 Services Service After Remote Diagnosis 3 Page 343 of 1207 NOWW [362-RBBB] 114 Mobile Broadband No Wireless WAN Card 54WBAT [451-BCEX] 112 Primary Battery 4 Cell 56Whr ExpressChargeTM Capable Battery 65WAA [450-ADTR] 1015 Power Supply 65W AC Adapter,4.5mm Barrel NFPR [346-BCQP] 55 Palm Rest No Fingerprint and No Smart Card FGDO24 [998.DGBP] 572 FGA Module 3590 1HFY19_021/US/BTS PLMTEF [340-BZFZ] 60 Placemat Win 10 Quick Reference Guide,English/French USNONE [332-1286] 111 Canada Ship Options US No Canada Ship Charge NRDVD [430-XXYG] 50 Diagnostic CD/ No Resource DVD Diskette [525-0131] [525-BBCL] [640-BBLW] 1003 WIN10 [658-BBMR] Non-Microsoft Windows System Software [658-BBRB] Application Software [658-BCUV) [658-BDTB] [340-BSDH] 465 Packaging Min Config Shipping Material SHPMN [340-BZFU] U5125V [537-BBBL] 20 Cable us Power Cord Safety/Environment and Regulatory Guide EFDOC [340-AGIK] 21 Documentation/Disks (English/French Multi-language) KRCI75M [389-CGBC] 749 Processor Branding Intel@ CoreTM V Processor Label REG [389-BEYY] 676 Label Regulatory Label Included NONE [460-BBEX) 118 Carrying Cases No Carrying,Case G8R9P53 [387-BBCE] 122 E-Star No Energy Star SMSSHP [800-BBGQ] 200080 Transportation from Smart Selection Shipment ODM to Region NONE [452-BBSE] 271 Docking Solutions Not included POD [389-BKKL] 292 UPC LabeL POD Label NOTAA [340-ACQQ] 97 TAA No TAA GU89CVR [610-BBXQ] 707 Hard Drive Software No Additional Hard Drive Selected NOMEDIA [620-AAOH] 200013 Operating System No Media Recovery Options NOSS [650-AAAM] 1014 Protect your new PC No Security Software [997-6727] 29 Hardware Support 1 Year Hardware Service with Onsite/In-Home ServiceG5UYXQV [997.6735] Services After Remote Diagnosis i $2,025.93 xctoo306osffusr I optiPlex 3060 SFF $709.07 Premier Discount $1,316.86 Product Sku ID Module Description Cade GJVOIEU 1210-AO7T) OptiPlex 3060 SFF Optiplex 3060 SFF XCTO GYE02AP [340-CKSZ] 291 Windows Autopilot No AUtoPiIOt 5 Page 344 of 1207 Transportation from Standard shipment GQT8IGC [800-BBIO] 200080 ODM to region 429-ABGY] 317 No External ODD External Optical GVTOW4N L Device GPHYAC2 [382-BBFV] 495 Additional Video Additional HDMI 2.Ob Video Port for SFF Ports [803-8583] 29 Hardware Support 3 Years Hardware Service with Onsite/In-Home G50U4DQ [803-8590] Services Service After Remote Diagnosis eQuote Subtotal $12,278.24 Shipping* $0.00 Shipping Discount* $0.00 Tax* $0.00 Environmental Disposal Fee* $0.00 eQuote Total* $12,278.24 *The eQuote total,including applicable taxes and additional fees,may be viewable online. Let's connect. " Legal Disclaimer:Please note that Dell cannot be responsible for pricing or other errors and reserves the right to cancel any orders arising from such errors. The amount products and/orservgices you've chosenadded to your dt orderdepends chase.Your ordeere r s subject to Dells he product to be shipped as well as on which p Terms and conditions of Sale which include a binding arbitration provision 7 Page 345 of 1207 Computer Equipment, Peripherals&Services/Alternate Contract Source/State Contract... Pagel of 2 ski to Mein Content Department of Management Services Florida Department f_Manaoement Services > Bu iness Operations > State Purchasin > Vendor Information > State contracts and Agreements > Alternate Contract Source > Computer Equipment, Peripherals&Services << Retu rn Computer Equipment, Peripherals & Services43211500-WSCA-I5-ACS Contract Details I Effective Period 09/30/2015 through 03/31/2020 I Contract Type Alternate Contract Source How to Use this Alternate Contract Source Products Categories List Contract Information . Contractors • Pridna Fond other information Amendments and Memorandums Contract Documents Master Agreements c,�rricioatina Addenda . ] remy Williams Contract Administration (850)414-6740 • Zeremv Williams@dms myflorida cpm Commodity Codes UNSPSC-43211500, UNSPSC-43211600, UNSPSC-432119001 Description This alternate contract source (ACS) authorizes the use of the National Association of State Procurement Officials'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 addendums are entered on behalf of governmental entitles jou,In FloridaIncfor Ace,Apple, ByteSpeed, Clara,Cisco,Computer Technology Link, Dell, EMC,Firefly, Hitachi, Howard,IBM, Lenovo, M&A Technology, Microsoft, Microtech, NetApp, Nimble, Panasonic,Pure Storage,Samsung,Teglie,Tintri,Transource,and Xiotech. http://www.dms.myflorida.com/business_operations/state_purchasing/vendor information/... 4/11/2017 Page 346 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P,O. #: 190599 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/20/18 VENDOR 6644 SHIP TO: TO: THE MELLGREN PLANNING GROUP, I City of Boynton Beach 3350 NW 53RD ST. DEVELOPMENT SUITE 101 3301 QUANTUM BLVD. FT LAUDERDALE, FL 33309 SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 72848 ORDERING DEPARTMENT: DEV/PGRISSOM • '® DATE NEEDED: .810 NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 14000.00 DL GENERAL PLANNING SERVICES FOR 1. 0000 14000.00 COMMUNITY STANDARDS ORDINANCE: CONSOLIDATE THE VARIOUS "COMMUNITY. STANDARDS'. FOUNT7.'T'HROI;GG WTPARI'.. II OF THE, CODE:: INTO AITCrLE:; COpFDINATED CHAPTER' WITHIN PART :I:: , AND TO CORRECT ERRORS CLARIFX AMB::IGUOLTS T 3UAQE AND: P0TENTrALLY:AMEND CERTAIN CO.M.M LAITY STANDART)S AFTER RECEIVING . 3Mb=T'Y FEEDBACK.;:.; PHASE I f!+iLL.C614SIST O .THE FOLLOWING: TASKS 1 l.- REVIEWREVZEW> THE. FROGL2ESS DRAFT, IN`T'ENT COMMENTS & OR.GANI2AT ONAL 'OUT. NE. : ELIMINATE'CONFL'ICTS & REDUNDANCIES USTNQ STRIKE=THROUGH & bNDERLINE FORMAT. 3 CLARIFY UNCLEAR.:& .UNENFORCEABLE . 1ANGUAGE:.USI14G S'T`RI.KE=THOUGH.-& tTNDERL INE FORMAT.. 4 X8ERT REFERENCES ..TO: RELATED PROVISIONa, AS', NEEDED FOR OPTIMAL CLARITY . . a. REFOF.MAT CONSISTENT WI'PH CITY.S STAINDARD: FORMATTING. .. 6. P1RQVIT)E. ANuQTATRDLlRAFT Flop, STAFF RESTIEW: 7. MEET M.1-TER TAF�::'TO DiscubS THE: DRAFT. 8. REVISE AS :- PROPRIAT , PER., DISCUSSION. 9. PREPARE EXECUTIVE SUMMARY OF CHANGES IN OUTLINE FORMAT. 10. ATTEND PUBLIC HEARINGS. PROCUREMENT SERVICES: �---•�� r � � 4 P.O.TOTAL: ACCOUNT NO. PROJECT �k 001-2414-515.49-17 PURCHASING Page 347 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.0. #: 190599 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/20/18 VENDOR 6644 SHIP TO: TO: THE MELLGREN PLANNING GROUP, I City of Boynton Beach 3350 NW 53RD ST. DEVELOPMENT SUITE 101 3301 QUANTUM BLVD. FT LAUDERDALE, FL 33309 SUITE 1Q1 BOYNTON BEACH, FL 33426 REQUISITION NO. 72848 ORDERING DEPARTMENT: DEV/PGRISSOM • ®i DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 11. PRODUCE A CLEAN COPY TO SERVE AS THE BASIS FOR PHASE II. REMARKS:., RFQ #(}49:L24]017/IT, R18-104 ATOP` E-'D 2/6/18 TASK. ORDEk2: 'PHASE ,:I. i?�`...COMM.UNITY :STAN.DAI?DS ORDINANCE;-'RE-WRITE>: PROCUREMENT SERVICES: t` f rmm P.O.TOTAL: �140.00 ACCOUNT NO. PROJECT 001-2414-515.49-17 PURCHASING Page 348 of 1207 OD 0) I H M W I 1 \ \ I 1 N 00 ri 1 HI I Oo 0 F H FC I FC FG w 1 i �o o Q Q a i 1 w cr 1 H � > O ' N I W I t 0 1 1 H 1 ' a 1 ' w 1 ' 1 I 1 P4 O m U Z U) i o o Q 0 WO �µ H DCU I o o 0 o H zQZ W I o o � ,iu •�i a`.� I H E m P+ I E W HH I o Z a FC w ta7 Z O i o O OD a QUI o H N Ha H W h W I H � I � o W o a o x x I O � � V o PI H I E. m I H i H x CA w x w H � H Q �o G I a Q l O Z �� 1 Q W w h W H a m H 1 o Z W H " H I H C H WC9 u4 H 1 0 m FG Z O z I o H H Q IcC I - x W wZ W 0 a H H NH z z P: Q a Q I w rx W W I m H WU] L7 z 0 i o H Q HU' Q a QO W a� QHgg rHA u) I U Iz U Em 0 1 Q>10D40Q m Q m Q H O PG 494 0 H U FC H FC 0 m U m E P1 U1 P: m i �HxH m mX H 9Z FC H H 1 m H I EHHM �2 m Q o Q > W I m Q 1 >+X xQ>+ FO Q U H Z WHZu] pC 1 H o w H O H U Z Ul FC R:44 H I C7 OI 1 HUGHQH C.) m KC H HrZ'HC7 U M I 30ZF w a 5 m w m cnpi H HW HZ H O wQm FE. 0 H WEnHP'.mmC 4i 3W zU •W W O] FC Q r� W OQOHH OK4 1012 FCH�Q�qp > mmmU 5 Wfx UHNW UM 4 Q rC�Q H EHw •tx m C4 W FC» Q O P;W W H [x QO mW W 1 P4 0 p;r Wxw'ZW w W0UW xH U Om U'm U p0 a O5 UHHW F Qwa09 D4WW Z H uu w H CFCw ww w ow x Qw Ho �✓ as I wQQFCE 41M MWw W>- HUW fxH f1:� mxOW 7x> H 'Z'ZMrxHH wm FC W WW En Q I WHxHUWE+ Q bHNZ H3 HW W>a mH 1 xx m \ U Og UH w 1-IWHOW �QHO WC4 H 1 HF H C7 F-IM 0WWma 1-7EFCHZ QOHm Uo Zd ' 00 m Z I SEOHu1Q mZHW Ar 1--77 !Wz ' 0 H (�r�rxQ z EW HUQLbWEnuW QHpG Hz HH Qa i UWHF000W0 IH07EaW QU1-4M Cwlwo0 a�C .9" > H 1 a OP; U MOpw rCWZ H FCwx �W .'7'Z 1 r W ,7 1 0000w ZPS0Z Q;W W�W E404 wa m 1 H q Fq 1 Zul >10 OW O 1-7LbP4H`Z OEP10 U ZE 1 HZ �EaZ U aUU WHO mFCW O OQ I d' 1 0 U,- wFC U xwau �e 3d', u� Ln z H y, uwaWg� axzwQ�aCWo xmw H m 0 "Z 1 C9w'HH aHOHO QGY. 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HxH Ul I CYWmQ wHP: I aniH0 Page 350 of 1207 CITY OF BOYNTON BEACH << REQUEST FOR PURcHASp OVER 10,000 Date: 12/19/2018 Requesting Department: Development Contact Person: Patsy Grissom Explanation for Purchase: Phase I of Community Standards Ordinance rewrite, Per RES _ O R18-104 Ay,,mar,+�s , / k 0 V-6 LLP on r��-a�-inc� baJS�'s 4 C'.ornnuss t'ot�, Recommended Vendor The Mellgren Planning Group Dollar Amount of Purchase 149000 Source for Purchase (check and attach backup materials Three Written Quotations ,• GSA State Contract SNAPS PRIDE/RESPECT Piggy-Back Sole Source Emergency Purchase Budgeted Item Contract Number: Other 0 ��Q NOTE: Pricin g proposal for puD rchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2414-515.49-17 Approvals: Department Head Purchasing Agent ry r, Date Asst City Manager Date y- City Manager ) day Date Form Revised 02/01/02 D V Ig Page 351 of 1207 3350 NW 53rd Street t: < suite 707 4 Ft.Lauderdale,FL 33309 --- THE --._____ F.954.475.3070 MELLGREN PLANNINGF.954.475.9554 C.800 ' Fl-C3RiDF,PLAN'1-dJr,1Gj-gFl- December 10,2018 Michael Rumpf Director of Planning and Zoning 3301 Quantum Blvd.,Suite 101 Boynton Beach, Florida 33426 Re: Proposal for Community Standards Ordinance Dear Michael: This letter serves as our proposal to consolidate the various "community standards" found throughout Part II of the Code into a single, coordinated chapter within Part II, and to correct errors, clarify ambiguous language, and potentially amend certain community standards after receiving community feedback. The project will be undertaken in two phases,as follows. Phase I Phase I is a consolidation, cleanup and reformatting endeavor that will generally not involve substantive revisions(i.e. new or revised standards). Phase I consists of the following tasks: 1. Review the progress draft,intent comments and organizational outline. 2. Eliminate conflicts and redundancies using strike-through and underline format. 3. Clarify unclear and unenforceable language using strike-through and underline format. 4. Insert references to related provisions as needed for optimal clarity. 5. Reformat consistent with City's standard formatting. 6. Provide annotated draft for staff review. 7. Meet with staff to discuss the draft. 8. Revise as appropriate per discussion. 9. Prepare executive summary of changes in outline format. 10.Attend two public hearings. 11. Produce a clean copy to serve as the basis for Phase 11. } y r r, g � 4 Page 352 of 1207 Community Standards Ordinance Proposal December 10,2018 Page 2 of 2 Phase II (Preliminary Scone 12.Assist City Staff with workshop preparation and facilitation(as desired),and identification and evaluation of alternative standards as requested, including research as to prevailing standards in certain other communities. 13.Attend one or more community workshops to obtain feedback on standards. 14. Draft revisions to the standards pursuant to City direction using strike-through and underline format. 15. Meet with City Staff to discuss the draft. 16. Revise as appropriate per discussion with City Staff. 17. Prepare executive summary. 18.Attend two public hearings. 19. Produce a clean copy. The cost for Phase I is $14,000. The exact scope and cost for Phase II will be determined at the conclusion of Phase I, based upon our findings,community feedback and City direction. Please let me know if you have any questions or need additional information. Sincerely, Jeff Katlms,AICP,CNU-A Managing Principal 3350 NW 53rd Street,Ste.101,rt.Lauderdale,r(.33305 i P:954.475.3070 k954.475.9550 I i S C)'IIJRi'l P 1 lRt.ld f ; f. Page 353 of 1207 t EXHIBIT "A" FEE SCHEDULE FIRM: The Mellren Plannin Grou Inc. DATE: Ja nua r 8 2015 Personnel Classifications ..Hourly Rate Principal $200 Project Manager $150 Senior Engineer $185 Senior Planner $150 Senior Architect _$160 Senior Landscape Architect $150 Senior Surveyor/Mapper $100 -Engineer $100 Architect $160 Urban Designer $10Q Planner - $100 Landscape Architect $100 Surveyor/Mapper $90 Inspector (Zoning & Landscape) $65 ......GIS Specialist -�"._�___ �-- $100 CADD/TechnicianR ' 90 Planning Technician $ Clerical/Administrative $6655 $50 Reimburseable Exenses Direct costs such as postage, prints, delivery service will be billed at cost. Page 354 of 1207 Page 355 of 1207 a 1 RESOLUTION NO.RIS-014 21 3i s A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5I FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN INDIVIDUAL AGREEMENTS FOR i 6 GENERAL PLANNING SERVICES AS A RESULT OF RFQ 8 7 )I 49-241 TH THE NIELLGREN PLANNING GROUP, l HMIDT NICHOLS AND GENTILE GLAS HOLLOWAY 9 O'MAKONEY & ASSOC; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on August 1, 2017 City staff opened eight (S submittals . _ ) to 13 response to a Request for Qualificat5 ons #049-2410-17/IT issued for General Planning 14 Services based on individual task orders as may be required in support of the City's 15 needs on an"as needed"basis;and 16 WHEREAS, on October 17,2017,the City Commission approved the Iist of top 17 ranking qualifiers identified by the Evaluation Committee from the responses received 18 and authorized City staff to conduct negotiations to establish Agreements for ongoing 19_ services;and 20 WHEREAS, emphasis was placed on the Schedule of Professional Fees to 21 solidify hourly rates for the initial contract period which will be fixed for the initial three f I i 22 (3)year period; and 23 WHEREAS, the Agreements may be renewed for two (2) additional one year i 24 terms with the same terms and conditions; and 25 WHEREAS, the City Commission of the City of Boynton Beach upon 26 recommendation of staff, deems it to be in the best interest of the citizens and residents 27to approve and authorize the City Manager to sign individual Agreements with The 281 Mellgren Planning Group, Schmidt Nichols and Gentile Glas Holloway O'Mahoney& 29 Assoc.as a result of RFQ 4049-2410-17/IT for General Planning Services. C:lUserslStanzionellAppDatalt.nca NierosoRlWindowslTemporary]ntemet Files%Content.lE5152FYTEOE1Award_of RFO _General_Planning_Servi ces__Reso.doo Page 35 of 1207 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and I _r.. 4 ! confirmed as being true and correct and are hereby made a specific part of this 5 Resolution upon adoption. 6 Section 2. The City Commission of the City of Boynton Beach, Florida, 7 hereby approves and authorizes the City Manager to sign individual Agreements with 8 The Mellgren Planning Group, Schmidt Nichols and Gentile Glas Holloway O'Mahoney 9 & Assoc. as a result of RFQ 4049-2410-17/IT for General Planning Services, copies of 10 each Agreement is attached hereto and incorporated herein as Composite Exhibit"A". 11 Section 3. That this Resolution shall become effective immediately, 12 PASSED ANIS ADOPTED this 61h day of February,2018. 13 CITY OF BOYNTON BEACH,FLORIDA YES NO 14 15 16Mayor—Steven B.Grant 17, 18 Vice Mayor—Justin Katz 19 20 Commissioner—Mack McCray 21' 22 Commissioner—Christina L.Romelus 23' 24 Commissioner—Joe Casello ,✓ 25 25 VOTE 27 ATTEST: 28 ' . 29 �1... s ' 30 Judie Pyle,CMC 31 CityIerk 32 n 33 ` 34 (City Seal)' C:1UserslStmaioneTtAppData\LocalWicrosoRNWindows\Temporary Intemet Files\Content.IF5\52FYTFAF\Awwd_of RF0 General_Planning Services__Reso.doc Page 357 of 1207 GENERAL PLANNING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as"CITY", and THE MELLGREN PLANNING GROUP, hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.058, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services with a qualified firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for GENERAL PLANNING SERVICES, RFQ No. 049-2410-17/IT; and WHEREAS, RFQ No. 049-2410-17/1T defined Scope of Services as general planning services; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on OCTOBER 17, 2017, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES CONSULTANT agrees to perform General Planning 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. Page 358 of 1207 ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs,arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, 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 Agreement or out of the services or goods fumished hereunder. ARTICLE 10 -INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies,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. 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. 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 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT 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. Page 359 of 1207 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 minimum amount of $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 occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors 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 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 Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services Page 360 of 1207 provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 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 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 Agreement, 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement 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 Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 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 CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. Page 361 of 1207 ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement 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 17—TERMINATION 17.1 Termination for Convenience: This Agreement 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 Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17,2 Termination for Default: In addition to all other remedies available to the CITY,this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the 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. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. Page 362 of 1207 d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. 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 may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLiANCE_UV_ITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement,faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. Page 363 of 1207 The CITY's Representative during the performance of this Contract shall be Andrew Mack Director of Development telephone (561) 742-6374. ARTICLE 2 -TERM 2.1 The initial Contract period shall be for an initial term of three (3) years, commencing at the execution of the contract,and the City reserves the right to renew the contract for two (2) additional one (1) year periods, under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the three (3) 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 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. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4- PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit"A " attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. Page 364 of 1207 ARTICLE 19 —,UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement 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 Agreement 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 governmental actions. 19.2 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 Agreement. ARTICLE 20 -NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY of Boynton Beach � Attn:.Lori LaVerriere, Cityr M " 100E Boynton Beach Blvd Bo nton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: THE MELLGREN PLANNING GROUP Attn: Michele Mellren, Pres. 3350 NW 53rd Street, Ste. 101 ,Fort Lauderdale, FL 33309 Page 365 of 1207 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, 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 Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22-SOVEREIGN IMMUNITY 22.1 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 Agreement,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 Agreement, 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. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, 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. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. Page 366 of 1207 IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of (C-hrlikr ___ , 20 . CITY OF BOYNTON BEACH THE MELLGREN PLANNING GROUP e Lori LaVerriere, City Manager Michele C. Mellgren, P silent Attest/Authenticated: ' ,, ,,. • (Corporate Seal) CITE lerk 7-15 rm: Attest/Authenticated: C Attorney Secretary Page 367 of 1207 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 p,0. #: 190617 BOYNTON BEA® ,FOLORIDA 33425-0310 DATE: 12/27/18 VENDOR 17230 SHIP TO: TO: MARQUEZ BROTHERS, INC. City of Boynton Beach 9115 NW 93RD ST. PUBLIC WORKS DEPARTMENT MEDLEY, FL 33178 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72857 ORDERING DEPARTMENT: FLEET/MC ®e® d DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 15750.00 DL 19 FT STEEL DUMP BODY 1.0000 15750.00 3/16 Floor Smooth 7-in Mainsills Gusseted. . Crossmember, 4:" Structural Channel on 12" center:.. Side Height 6:8 3/411. With 95 Hoa; t 5 :Stage,.... ', Ho :s<t Base : . Hydraul1c .Tank' With Liquid Back. Hinge.: klectric .Tarp ,step:. Ladder on Driver side;all the way .to 'the. top La.clzts Pximed and Painted o1or: Black Reflective safety tape D.O.T ,approved REMARKS: REPLACE: DUMP BODY `.OF. TRUCK 1661 : ESTTNlATE #4631 _._.._...... ..... _ _® PROCUREMENT SERVICES: 2� P.O.TOTAL: 15750.00 ACCOUNT NO. PROJECT 501-2516-519.46-31 PURCHASING Page 368 of 1207 Dfift: 12127/2018 Requesting Department.- Public rll e fb r - Dump Body TGPlaoema�nt alurnInum and:we cannot keep it square so the rear doors open and C4088 forultcurrent dump body is We have had t last,repairs do not eI the this I 1 body as on all tClUes other dump trucks. Source for Thme II n bac p PRIDURESPECT SNAPS Sole Somet Emwg8nDY Contract Number Purchase must be PmwftdIn me some - n the und Source r - - - 1 ApprovaIg De partment Head f Purchasing Agent ' Date Asst City Manager Date m City Manager off - Date ),JJ Page 369 of 1207 co W z H H I H I \ \ (� I O H W I I I \ \ cl) N N H H 4 I F O O O O F ' i UUH rz-I Hz W i 00 uoi Pa l i QI I r n Ln In [Y. I I V}Cl1 I H H ° 1 Q W x 1 PQ QWHU 1 z ' x 04 0 P4 w F H IX W > i i 0.W7H i I H I mQH I er a , A I I W 1 1 W01E- 0 r)OM o y ' RN N q F O 7 O U W O I .0o H v4 U I Lf) O W 1 n Ln N r I r1 x H W H O tD r 'A 04° IH-i U) i 0 l 0 Ln i 000 z WOU0 O m H r0 N H Do O • . •o as �j i E H olnN pw 0 F 0 z x r,0)Ln H a � o G. HO 0 Lf),n-I N i � c O O tv �i O E0i1II HH WGti x• i� �Pi ul Li w U° O 0 Ez aA r, 0 h Wy 'z a °WP' o r4 0 i > iZ W O H 04 H I Q H U m FC W O y Ln N w H U Q ry I r 1 U I x z Ln i Iw-1 i H H 0 a W OI I rl W r4 04 > , yy �i Ix Q W , u Ga 04 q I i..1 W rj)z 0 O � W � UU HtUHz • FPz q H W b I U rA W U104. m I o " ' O x x co I = uw° a H w obu x 1 v o Q 1 � a IH F z H ' H C r-i U rid Or-) ro ri rd H a ' td r•i U E q W r I \W .�. I u 'Cd W O O riO H I Ld I rt 'OH L nEF �LHoHU mo Wx O 'd4 N O z'4 Hi000 I W W 0):J •r1 ri N H Ori O O 1 Py+> u 4-)4-) a �4 0 4 F w�° > 0� H O 00 •• P: w a m mHV� = u rA v •3z m a �:) WJ-)C1WM \ ,y W QI Q JLJIHJ H°fl. M W I LD 0 rA= co M 4 f, —144a) 1-140-1 0O F P;PC O fk I Q E r-i d1 to Ip d) 9 iL 0 Id id W m m Pq P4 m�i I M St+ z I W r-i = lO W (d ?4 Qa to 'z' H Z I rl m O z I a -ri Sa LL N (d H rd}4 H O W S4 w a).4- N a.�c) N H v 'Cd w>1 q f°=I F W O P: 1 H kD 'Zi H H I WOCQMr-I S4WUVW 'O C>HOz zUUW I ,-1 0 RC H I E O•.i 6•r1 0 Id•.a G U'O Id-r1H M H W Z Q , ,jN H C� Q1 I Vj rl fd(1)(ULn O Ln M r-i-ri-r•1 rd ;J IX Z H O H I G4XExmQ Oxwa qulldub0HWP;HO OU.4 H la a I H d) -U.I--1 rt -w 4-1a)N x U w H W F4 1 U O to U I rs w rl m N.00 N W 5-1.4'.u Q4z r.r`r+,'m W"a N Wm K[Ln H O v] I i-,10vs-)ka•ri"VOQ0)m)WH44bpa0iWW0 0 H W I rn\ I )y-rl•r rd O O>4M,4 4j-r1 S4 N U V)r"W IX P:F7 I 0 q I riMnuvl3mxxxmwcog alx w a I f. H W I xzx H w m Hm 1 zri .-q z i H a Page 370 of 1207 REQUEST FOR OFFICE ASSISTANCE FROM: Bill Darty Date:12/20/2018 *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: Marquez Brothers, Inc. $15,750.00 Account Number: 501-2516-519.46-31 Project No.: _ List Items w/Quantities&Unit Costs on the back of this request. XX 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: Replace dump body of truck 1661 w/o 90047 fob,#1 due to aluminum�iodfailure. Request completed by: Date completed: Please sign and return this form to the Office Staffs Inbox;feel free to make any comments below. Page 371 of 1207 AW Marquez r r , Inc 9115 N.W. 93rd Street . Medley, Florida 33166 ESTIMATE: 4631 Phone: (305)888-0090# Fax: (305) 885-5077 NAME City of Boynton Beach PHONEDATE I D 2/04/2018 .._.._...._.._ - I STREET 222 N.E.9 Ave. c Boynton Beach, 33435 YEAR COLOR MA10= _..... __._. !MODEL REGISTRATION NO. SERIAL NO. ESTIMATE PREPARED BY fl i DESCRIPTION UNIT NET TOTAL j _ 1 19 Ft Steel Dump Body 1 $15750.00 $15750,00 , -- 3116 Floor Smooth 1 $0.00 $0.00 7-In Mainsills Gusseted 1 $0.00 $0.00 Crossmembers 4 Structural Channel On 12'Center 1 $000 $0.00 Side Height 68 314' 1 $0.00 $0.00 With 951/2" _ --- $0.00 $ 0.00. Barn Doors 68 3/4" 1 $0.00 $0.00 Hoist 5 stage 1 $0.00 $b.Ob Hoist Base $0.00 $0.00 Hydraulic Tank With Liquid - -- 1 $0.00 $0.00 Back Hinge $0.00 Electric Tarp 1 $0.00 $0.00 Step Ladder on Driver Side all the way to the top 1 $0.00 $0.00 Lights_ 1 $0.00 Sow Primed And Painted Color: Black 1 $0.1)0 $0.00 _.... Reflective Safety Tape D-O_T Approved1 d $0.00 $0.00 .... _ C _ _ TOTAL$ 15750.00 I DEPOSIT$ BALANCE$ SUBTOTAL$ 15750.00 SALES TAX$ 0.00 GROSS TAX$ 0.00 B 0 TOTAL$ 15750.00 Page 372 of 1207 Gar-P Industries, Inc. t._ Truck Equipment Tel:(305)888-7252 10890 N.W.South River Drive Manufactures&Distributors Fax:(305)888-4098 Miami(Medley),Florida 33178 (800)662-Gare(4277) www.ea r-D.com mmum An Inc.500 Company Email:5alesftar-D.Com Thursday,March 29,2018 -- Municipal Package Includes: Mr.Bill Darty City of Boynton Beach • ALL HEAVY-DUTY 3/16"STEEL. Boynton Beach,FI. - ELECTRIC TARP SYSTEM WITH INSIDE CAB CONTROLS&MESH COVER. DartyW@bbfl.us • BOXED HEAVY-DUTY TOP RAIL. • INVERTED ANGLE REINFORCED TOP RAIL. • FULL DEPTH FRONT AND REAR POST. • TWIN BARN DOORS. • ALL LED LIGHTING. REPL4CEMENTPACKArse PRICE DGES MOT INCLUDE PTO,PUMP,CONTROLS,HYDRAULIC TANK. Via:Fax/Email SEE OPTION SECTION FOR ADDITIONAL INCLUDED ITEMS.AND OPTIONS. now i NMI • 8 ° rInns 1 We Are Pleased to Provide You with Our Following Specifications for One(01)or More,Gar-P 20' Model#206P8ST6666,Steel"Trash" Dump Body(s). REPLACEMENT PA'&AGE PRICE DOES NOT iNCLUpE P70,PUMP,CONTROLS,woRAUUG TANK. Specifications: (Approximate) Length (ft./mm): 20' (6096.0) Width O.D. (in./mm): 96" (2438.4) Width I.D. (in./mm): - 87" (2209.8) Side Height I.D. (in./mm): 66" (1676.4) - Tailgate Height I.D. (in./mm): 66" (1676.4) Cubic Yards: 29,5 Cubic Meters: 22,6 Materials: (Approximate) Floor: 3/16"Steel Sides: _ 3/16"Steel Tailgate: 3/16"Steel Understructure. ♦ Longitudinal: 7"x 9.8 Ib.Structural Channel ♦ Cross-Members: 4"x 4.1 Ib.Structural Channel Sub-Frame: Not Applicable CONFIDENTIAL QUOTATION-PAGE 1 OF 5 Page 373 of 1207 Gar-P Indu 'mess Inc. Miami ( e ley), Florida Tel:(305)888-7252 l/ Fax:(305)'888-4098 11 U.S.(800)662-GarP(4277) TRUCK BODIES Thursday,March 29,2018 Standard Features: 20"Cab Shield,with Wind Deflector and Front Mount Clearance Lights Twin Barn Doors Vertical Bracing Throughout Electric Operated Tarp System,with Special 5"Springs,Inside-Cab Controls&Mesh Cover Angle Reinforced Top Rail Boxed Top Rail Front and Rear Corner Posts Heavy Duty 3/16"Steel Floor 45-Degree Sloping Rub Rail Inside 2"Radius Sides to Floor Full"Structural Channel"Crossmembers Understructure Crossmembers Fully Gusseted at 12"Centers Heavy Duty"Structural Channel"Longitudinal Heavy Duty"Weld-On"Rear Hinges Heavy Duty 2"Diameter Cold Rolled Steel Hinge Pins Heavy Duty Steel Hydraulic Cylinder Base Rear Apron Gar-P Light Package,Includes ® Re-install Factory Supplied Rear Lights(Stop/Turn/Tail) ® All LED Lighting. ♦ Four(4)Recessed Mounted Side Marker Lights(2 Red/2 Amber) • Reflectors Audible Back-Up Alarm Rear Rubber Mud Flaps with Gar-P Logo/Or Dealers' Gar-P In-Cab Controls Include: ♦ Floor Mounted Control Console ♦ Pump Lever with Center Safety Lock 0 PTO Engaged Warning Light Rubberized Undercoating to Body Understructure**Special Feature Two Coats Sherwin-Williams Primer/Sealer,and Two Coats Your Choice Color Enamel CONFIDENTIAL QUOTATION-PAGE 2 OF 5 Page 374 of 1207 Gar-P Industries, Inc. Miami (Medley), Florida Tel:(305)888-7252 // Fax.(305)888-4098 ll U.S.(800)662-GarP(4277) TRUCK BODIES Thursday,March 29,2018 HYDRAULIC PACKAGE: P Hoist: 6 #74135. Front Mount Telescopic Cylinder. Snap-On Glass-Filled Bearings for Contaminants Absorption. Threaded Stop Rings. External Packing Nuts for Added Tube Support and Easier i Servicing. Wave Springs and Chevron Packing for Positive, Self-Compensating Seals. High Temperature Resistant Hytrel Rod Wipers. • Number of Stages ji 4 • Capacity 71,560 Lb. Pump: EXISTING Power-Take-Off(PTO): F_X n»G Reservoir: ESi11MG Sub-Frame: Not Included—Sub-Frameless Design. ® P Oil operating temperature should not exceed 180°F.(93"1 The recommended operating temperature range is 120'F.to 140"F.(50° CONFIDENTIAL QUOTATION-PAGE 3 OF 5 Page 375 of 1207 Gar-P Industries, Inca Miami (Medley), Florida Tele(305)888-7252 11 Fax:(305)$88-4098 11 U.S.(800)662-CorP(4277) 'RUCK BODIES Thursday,March 29,2018 Options and Upgrades INCLUDED in the Base Price: Air Operated Power-Take-Off(PTO)in Ueu of Cable Shift. included Plug-in Type,"Sealed"Electrical Wiring Harness. Color Coded. Included Rubberized Undercoating to Complete Dump Body Understructure. Included All LED Lighting. Included ElectrieTarp System wtF+Ulrect Drive Wlotor,lns,de Cab Cont[olantl Mesh Cove. `P°�'�° Included 3JiS ;Floor,Sides and Tailgate UPGRADE. 6P=52 Included Angle Remforceil Tp hail: - GP00°°EX9 Included Options and Upgrades AVAILABLE-Not Included: ADD-Per Unit 10 Micron Return Line Oil Filter,3-Line System Upgrade Required. $ 225.00 3-Line Hydraulic System Upgrade,with 30 Gallon Side Mount Hydraulic Reservoir&Site Glass. S 250.00 PTO&PUMP UPGRADE CHARGE FOR VEHICLES EQUIPPED WITH ` Includes:Clutch-Shift(Hot-Shift-)PTO Upgrade,and Pump Upgrade if Required. $1250.00 *On Some Vehicles Additional Charges May Apply. PTO&PUMP UPGRADE REQUIRED FOR VEHICLES EQUIPPED WITH Includes:PTO/Pump/Valve. Chassis to be Ordered without PTO,Mack Optiont11911403 Opt m-Drive Single PTO $1100.00 Prep Kit,with Programming for PTO. -- Four(4)Corner Strobe Lighting. Two(2)Front Bottom,Two(2}Front/Top of Cab-Shield,Two(2)Rear. (GP45ox) $ 450.00 CONFIDENTIAL QUOTATION-PAGE 4 OF 5 Page 376 of 1207 RGar-P Industries, Inc. Miami (Medley), Florida Tei:(305)888-7252 // Fax:(305)888-4088 N U.S.(800)662-Gare(4277) TRUCK BODIES Thursday,March 29,2018 Price(s): Minimum Units: One(01),or More Total Price: $17,985.00 Unit Cost: `'` } F.Ew� Notes: • REPIACEMENT PACKAGE: PRICE DOES NOT INCLUDE PTO,PUMP,CONTROLS,HYDRAIIUC TANK: Automatic or Automatic Shift Transmissions: • Allison'O Automatic Transmissions Requires Optional Clutch-Shift PTO—See Option Section. • M-Drive'"'Transmission Requires Hydraulic Upgrade—See Option Section. • Ford 6RI40 6 Speed Auto Transmission Requires Special Clutch-Shift PTO Upgrade—See Option Section. • Eaton Ultra Shift Transmission: A standard Air Operated PTO can be used. No Clutch-Shift upgrade is required. If possible,we suggest when ordering the truck chassis that a dash mounted PTO switch be included. • All Price(s)Quoted EXW Our Medley(Miami)Florida Plant. • Federal,State&Local Taxes Which May Be Applicable Not Included. • Unless Otherwise Stated Port DellveCharges If Applicable Are Not Included "rs „fia4F gorge.�. Garcia seal, Jorge J.Garcia Vice President PRIVACY AND CONFIDENTIALITY NOTICE THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL AND INITENDED SOLELY FOR THE USE OF THE INDIVIDUAL TO WHOM IT 15 ADDRESSED AND OTHERS AUTHORIZED 70 RECEIVE IT. IF YOU ARE NOT THE INTENDED RECIPIENT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS PROHIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY THE.SENDER AT THE PHONE NUMBER INDICATED. CONFIDENTIAL QUOTATION—PAGE 5 OF 5 Page 377 of 1207 B-EeT.Bo Southeast Truck Specialist,Inc. Estimate 2407 Hammondville Road 11 Pompano Beach,FL 33069 Date Estimate (954)970.3651 •Fax (954)970.4201 6/4/2018 7443 _ Lic#:AR1891 •Lic#: 641 •MV-21961 Name I Address Make PE7'ERBILT CITY OF BOYNTON BEACH Yr/Model 15/337 222 NE 9TH AVE P.O.BOX FL 310 VIN 2NP2HI7X9FM273646 BOYON BEACH,FL.33225-0310 561 742 6205 FAX 561 742 6211 Mileage Tech P.O.No. Terms Net 30 r. Description Qty Cost i Total UNIT #1562 REMOVE OLD BODY ASSY FOR ACCESS 10 110.00 1,100.00 LABOR TO INSTALL A NEW STEEL BODY ASSY 16 110.00 1.760.00 SUPPLY A NEW STEEL DUMP BODY ASSY 1 20,682.75 20,682.75 i i f, i i The above is an estimate based on our inspection and does not cover any additional .afUl]40ta� parts or labor which may be required after the work has started.Occasionally.worn or $23,542.75 damaged parts are discovered which may not be evident on the first inspection.Because Of this.the above prices are not guaranteed.Quotations on parts and labor are current Sales Tax (0.0%) and subject to change.]further agree that my vehicle may be driven by your employees $0.00 for road test at my own risk.Customer will have 3 working day's after repair's are completed to pick up vehicle s before storage fee's are applied Total $23,542.75 Signature Page 378 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190620 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/27/18 VENDOR 1682 SHIP TO: TO: KIMLEY HORN & ASSOCIATES INC. City of Boynton Beach 1920 WEKIVA WAY PUBLIC WORKS DEPARTMENT SUITE 200 222 N.E. 9TH AVENUE WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 REQUISITION NO. 72820 ORDERING DEPARTMENT: ENGINEER ING/AGGA/GD oil "® DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2500. 00 DL TASK 1-TRAFFIC COUNTS 1.0000 2500.00 (SUBCONSULTANT ALLOWANCE) PER RFQ NO. 046-2821:-;17/TP, GENERAL COWSULTIG _ SERVICES, AGREEMENT (A1'"TACH 2 3800. 00 DL TASK 2 �'RAFFIC DEVtLCPI NT :: 1.0000 3800.00 3 2900. 00 DL TAS,C 3-CONCEPT PTrAN 1.0000 2900.00 4 2000. 00 DL TASK 4 TuIEETINGS & COORDINATION 1,.;0000 2000.00 5 2000.00 DL: TASK- 5-REPORT & DRLIVEI2ABLES. 1 `0000 2000.00 REMARKS:: RFQ 046=2`8.21-17/TP.'. 'BASK ORDER':UT=ID-0:1 - PROCUREMENT SERVICES: f' P.O. TOTAL: 13200.00 ACCOUNT NO. PROJECT 001-2413-524.31-90 PURCHASING Page 379 of 1207 rn co H H \ \ a I 1 N N I O O O O O O ' EO O O O O O I , �aI I 00 O O O O O Q A a i I ,F�y.O O O O O O I F,1f1 O N O O N N M N N N M y O 1 H PIl Q I I Z I I ' H I ' a I ' W I Q 1 ' 1 , I , I , 1 , I , E I , H U a z i H I Co O OO O t M W QE I o 0 0 0 0 0 0 0 W 0 0 0 fN H WO 0 0 0 0 0 o w P4 H EU I o 0 0 0 0 0 0 0 0 0 o O O O O O I H H H r•I H E O W m m rn o o 0 M i N M N N N M H54 I 1 1 i W Z EE o 0 0 0 0 C) O R: HW I o o O o 0 N fk O 60 : o 0 0 o O 0 CD o 0 0 Co 0 1, '✓ '�+ I ri rl H H H U I H - O IE 0 I 0 i - o a H I O 0 .1 W Y E PC a° m i W I fx H fA W�1 I a U w z a H o f Q A A a A a ° U W w � � A � w I w h O 04 >1 i o 0 0 0 0 P , z 0 P4 � IH Z E I o 0 0 0 0 I 04 H rMH w E. 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Q W>> O P4>'Q I H M M M M M f-.z EO WEO ONO WHO WEO I �-+H H H r-I H C``Jf M O rC H I H mH EHE UHCHZ WHA I ��l O U P H U LL I I Qum]Qm I Q'�,y I Q"�; I Q�,� Q I O N N N N N U O `erJ H O H I w000 NOO Moo d-00 moo I UH H H H H �R >mam1 WMUN x£rQ w2ra P4�W 1 40 0 0 0 0 W a H 0 W I mjxwo17 MOLD o m) Ur :) mop I H 7-I A H w 1 aCwwVm r�uW r Um um Sri W 124 A Ham H E H E I H a W 0 !Yi x Z14 I ri Nm V' Ln i H to H N M cM H U M Hm I a azo a a a Page 380 of 1207 CD 0 � � I I n n I � � I \ � I N N .i i I I N H r.G FC I A A I I I a I 5 I H i a I w I Q I I I IH-I U a z I H H I Pq H CJ) U] W I W W F-I H I U I H O � I O m I I A � I a z O O a N a 0 W x I N W I o a I o O a H 00 N a a Pa P4 IS I P4 H I O C7 a H z fn H H I H cn H x I H W A Ua z cx M 0ww > G7 Q W W I :Do M � HW a cn a cA I I 1 I I A � I I L7 i ,A� 1 ry I � � I z a H O P4 2: W I W U I Z H H a I 1 z A W M I� M O W H z H I U H H O I z W O W H O H A H H A OI H W v1 OI H IW H la � Page 381 of 1207 CITY OF BOYNTON BEACH 101,000 ISr a Date: 12/18/2018 Requesting Department: PW - Engineering Contact Person: Gary Dunmyer Explanation for Purchase: Professional consulting services for Seacreast Blvd and Ocean Avenue, task order#UT-1 D-01 to evaluate the feasibility of converting the intersection from a two-way stop to a roundabout control. Recommended Vendor Kimley Horn &Associates Dollar Amount of Purchase $13,200 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2413-524-31-90 Approvals: -- Department Head Date Purchasing Agent' — Date ILZ L Asst City Manager Date 12,40 I®� City Manager Date (2-/ ` Form Revised 02/01/02 Page 382 of 1207 Greco-Arencibia, Adrianna From: Dunmyer,Gary Sent: Friday,December 14,2018 4:12 PM To: Greco-Arencibia,Adrianna Subject: FW:Seacrest-Ocean roundabout proposal Attachments: Proposal-2018.10.03-Seacrest-Ocean roundabout_MHM.DOCK;ATT00001.htm; Contract_Executed_Boynton Bch Cont Services_2018.08.20.pdf;ATT00002.htm Per Colin,can you process a PO using this account(001-2413-524.31-90) Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 R Boynton Beach, Florida 33426 561-742-6231 DunmyerG@bbfl.us C 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:Groff,Colin Sent:Thursday, December 13,2018 11:41 AM To: Dunmyer,Gary<DunmyerG@bbfl.us> Cc:Mack,Andrew<MackA@bbfl.us> Subject:FW:Seacrest-Ocean roundabout proposal Gary, I am not sure if PW Engineering has a budget for consulting services but if so, can you have someone process a PO for this task order? Feel free to modify with KH if you need to. I would like to get this to them so we can get something by the end of January. Thanks Colin i Page 383 of 1207 Colin Groff, P.E. Assistant City Manager r Public Services City of Boynton Beach r 124 E.Woolbri ht Rd. Boynton Beach, Florida 33435 � 561-742-6401 GroffC@bbfl.us http://www.boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Rickards, Mark<mark.rickplosP ?kimle),,-horn.com> Sent:Thursday, December 13,2018 10:07 AM To:Groff,Colin<GroffC@bbfl.us> Subject:Fwd:Seacrest-Ocean roundabout proposal Colin; please let me know if this needs to be in a different format. -Mark Sent from my iPhone Begin forwarded message: From:"Mufleh, Marwan"<Marwan.Muflehkimletir-horn.com> To:"Rickards, Mark"<mark.rickards@kimley-horn,com> Subject:FW:Seacrest-Ocean roundabout proposal Mark, here is the proposal I sent you back on Oct 3rd.they just need to sign it. 'gest tz o n rc{s, M Li WJ(A w Kimley-Born 567.840.0850 From: Mufleh, Marwan Sent:Wednesday,October 3,201811:31 AM To:Rickards,Mark<mark.rickards�+imley-horn.com> Cc:Kerr,Adam<Adam Kerrr� kimley-horn,com>; DAmico, Lori<Lori.DAmico Upkimley-horn.com> Subject:Seacrest-Ocean roundabout proposal Mark,see attached proposal for your review.Adam Kerr provided scope items and I modified it.The City may want the format revised to be the first work authorization under the recently won GS contract. I am traveling out of the country today for 3 weeks. If you need to edit it or talk to Adam then feel free.Our GS contract with rates is attached. 2 Page 384 of 1207 Best Regards, Manwan Mufleh PE Principal KUmm| Nonm | 102OVVekivaVVey.8uitm2O0.YVestPo|mBeaoh. FL 53411 u|r*u:5o1-U4O-O85V|Mobile:954-815-8888| Main:501-845-V605 Proud tobeone vfFORTUNE magazine's 1OoBest Companies 0oWork For 3 Page 385Of12O7 r October 3,2018 Mr.Gary Dunmyer,P.E. City Engineer City of Boynton Beach P.O.Box 310 Boynton Beach,FL 33435 Re. Seacrest Blvd and Ocean Ave. Roundabout feasibility Dear Mr.Dunmyer: Thank you for the opportunity to be a part of your team on this project.Kimley-Horn and Associates,Inc. ("Kimley-Horn")i" pleased to submit this letter agreement(the"Agreement")to the City of Boynton Beach (the"Client"or"City")to provide professional consulting services for the above-referenced project. Below is our scope of services and associated fees for the intersection analysis. PROJECT UNDERSTANDING Kimley-Horn understands the Client wishes to evaluate the feasibility of converting the subject intersection to from two-way stop to roundabout control.Kimley-Horn will conduct preliminary intersection analysis to solicit Palm Beach County's position on this proposal. Based on County position,if the Client decides to proceed further with the project,Kimley-Horn will prepare another proposal for that purpose. Study Area The study area encompasses the subject intersection SCOPE OF SERVICES Task 1—Traffic Counts Kimley-Horn will engage the services of a subconsultant to collect traffic volume data (12 hour turning movement counts on one day and one weekend day) Task 2—Traffic Development • Review traffic volume counts • Review approved and proposed development intensities • Review historic growth rates at the intersection using historical count information available from Palm Beach County Traffic Division • Develop design-year traffic volume projections • Analyze the subject intersection as a no-build scenario and as a roundabout scenario Aj �\\, G F si',a, � , y�lsi�a ,$ r9r �.y ,` Stv ��}r, �131IrUirkjYi+aSr\S i+??��j:S, ';�"� Cx �'� u +„s f�1.Si��-�++ Page 386 of 1207 Klmley)))Horn Page 2 • The intersection and roundabout analysis will be performed using Synchro traffic simulation software Task 3—Concept Plan Prepare a preliminary layout of a standard Palm Beach County 80' right-of-way corridor roundabout intersection utilizing readily available existing aerials and right-of-way line work from GIS data. Task 4-Meetings and Coordination Meet one time with Client to kick off the project and one time to discuss findings. Meet one time with Palm Beach County to discuss findings and consider one round of reasonable comments to make minor modifications to the analysis. If the County requires a major change to the analysis it will be performed as additional services. Task 5-Report and Deliverables The Consultant will prepare a preliminary written memorandum that summarizes the findings. The following deliverables will be submitted by the Consultant: • An electronic copy of the memorandum ADDITIONAL SERVICES The following tasks are not part of the initial scope of services,but may be included as additional services if requested by the Client. These services may include,but are not limited to: • Attendance at additional meetings, including meetings with the City Commission, City staff, County, etc. • Design services, including refinement of roundabout concept plan or development of constrUCtion documents SCHEDULE The schedule for submittal of the preliminary information will be eight(8)weeks from the date of issuance of the Notice to Proceed. INFORMATION PROVIDED V CLIENT Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. FEE AND ILL I r � rir{ir(l� 'J{1ci}s>;ii�ll�-:f r`Ssi�!`a�tslt� i�1�ii'1ttsiSll� 7s��I4t�a slscsll..siG!{\tsltr�is>{it };k4s(�s{�ttta(tts } ttl3#{r, �!{oil ?t{skls�i�s\�'?t�Srtz}ri(r;lss \er si}rx (u„„?`.;.�.,., .. �, Page 3 The Consultant will perform the services described in Tasks 1-5 for the lump sum professional fee below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice. TASKS LUMP SUM FEE Task 1—Traffic Counts(subconsultant allowance) $2,500 Task 2—Traffic Development $3 800 . Task 3—Concept Plan $2,900 Task 4—Meetings and Coordination $2,000 Task 5—Report and Deliverables $2,000 .. TOTAL ._...�....... _,.u..,.... ... $13,200 Reimbursable Reimbursable Expense Allowance:$250. Kimley-Horn,in an effort to expedite invoices and reduce paper waste,submits invoices via email in an Adobe PDF format.We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices to Please copy J t � tp}\t UCt l t,lji'1 N'4 11111 tilaq 4t({ Jt\i itt1t11Yfi(Pli}}f3r jdAltmliSit!`v1 {Ss !J}i;It ilk}titt `iJ?, ?,fi.trl� ' `; i}it 7c'kart 3>3tlfiSt'`}St _._ „.,... rn....... "J" Page Page 388 of 1207 Klmley)))Horn Poge 4 CLOSURE In addition to the matters set forth herein,our Agreement shall include and be subject to,and only to,the attached Standard Provisions,which are incorporated by reference.As used in the Standard Provisions, "Consultant"shall refer to Kimley-Horn and Associates,Inc.,and"Client"shall refer to the City of Boynton Beach.Our current rate schedule has also been attached. If you concur in all the foregoing and wish to direct us to proceed with the services,please have authorized persons execute both copies of this Agreement in the spaces provided below,retain one copy,and return the other to us.We will commence services only after we have received a fully-executed agreement.Fees and times stated in this Agreement are valid for sixty(60)days after the date of this letter. We appreciate this opportunity to provide these services to you.Please contact us at(561)840-0850 if you have any questions. Sincerely, Marwan H.Mufleh,P.E. Principal CITY OF BOYNTON BEACH By (Date) (Print or Type Name) Title: (Email Address) Witness (Print or Type Name) K:\BCD Roadw y`Marketirig\Boynton City\2018 Proposals\Proposal_2018.10.03 Seacrest-Ocean raundabout_MHM.docx ,i<<; jet t �S�,ti. ��}iSi t y� r i N�tl �n�� >�b }1�'tai s� i ;NF ttta}u t p��1} �4 r��t X71 +i,' Page 389 of 1207 EXHIBIT"A" SCOPE D - FEE SCHEDULE FIRM: Kimte -Horn and Associates.. Inc DATE: 1u1 3f 2018 Personnal Classifications Hourly hate Principal $230.D0 Project Manager $198.Od Senior Transportation Engineer $200 Senior Transportation Planner $10505 76, .001 Senior Surveyor/Mapper(bysubconsuitant) Engineer $140.00 Urban Designer $140.00' Transportation Planner - $140.00 Engineering Technician $119.00 Inspector(transportation) $120.00 �S Specialist $136.00 CADD/Technician $102.00 Transportation Planning Technician $1i2.00 Clerical/Administrative $80.00 Chief Designer $159.00 Effective through June 30,2019. Subject to annual adjustment. 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 390 of 1207 EXIEBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions ofall contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boyman Beach as Additional Insured.This is done by providing a Certificate of lasurance listing the City as"Cafficate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted.'Insurance companies providing insurance coverages must have a current rating by A.M,Best Co.of"B+"•or higher.(NOTE. An insurance contract or binder may he accepted as proof of insurance ff Ceniilwate 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 iodusive,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 REOLARED General Liability General Aggregate $I'liK000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000,000.00 LiquarLiability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(anyone 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 Amos 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 5 31)0,000.00 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 391 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: NameofFirm Office Location: 1. Service: Check One � — n ( ) ❑ Planning Study AcGvi ,RePort,Other 0 Design/Engineering Services/Prelimistsry Bid Document ...m ❑ Final Document(BiddinjwContractor Award 0 Construction Phase/Completion 2. Name of Pro ect: LI 3. Project Manager. - CONSTRUCTION CONTRACT DATA _ 5. _. _.. F a Eeineee s estimate mal Cos ; ' $ b Substantial Construction Completion Date: c Final Construction Comaledon Date: 6. Overall Ratin {Check One B .e r�.- 1 ❑ Unsatisfactory ❑ Poor ❑ -Fair 0 Good _.v. ❑ Excellent 7 Recommended for Future Contracts? ❑ Yes ! ❑ No ❑ Conditional If other than�eroyide detailed eu#alanation on a sc�arrstc sheet of rear. 8. Name,title,and office ofrating officer{e.�.Utilities DirectorN:� Signature ofratin�officer: Boynton Beach Utilities-General Consulting Services V,5 CLEAN FINAL C-28 Page 392 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 beim the hi hest score NIA 1. Thorough site investigation __ 1 2 3 4 5 _.. 2. Meetiri�cost limrtatrons —_._. � 1 2 '3 4 5 3. Desiglnlresufts sudabifthl -1 2 3 4 5 4 Cooperative&responsive 1 2 13 4 5 5. Timeliness of submissions 1 2 3 45 6 1*Plans clear/detailed 1 2 3 4 ...w. 5 7. 'Plan/spec accuracy 11 2 3 _m 4 5 'Preliminary administrativellimited staff review/evaluation of levels of clarity,accuracy,and coordination between disciplines. Name and title of ratin officer(e. .Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION,BID,&AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 bein the hi hest score N/A 1. S afford comrketdion 1 2 3 4 5 .. 2. S ecs completefthorough 1 2 3 4 5 3. Accurac 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. Pre-bid conference participation 1 2 3 4 5 8. Res onse to inquiries 1 2 __.. -:;f- 1 Q. Bid evaluation c�uaftyRimeliness G 1 2 3 4 5 10. 1 Response to building&permittina a encles 1 12 3 4 5 11.IAddendum reparation 8 perntit applications 1 2 3 4 5 Name and title of rating officer e. .Vt Noes Directory Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-29 V.5 CLEAN FINAL Page 393 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate num ericallyIto 5 with 5 in the hi hest score NIA 7. .Drawin s Reflect True Conditions 1 2 3 14 5 2. Plans/S cs Accurate/Coordinated 1 2 3 4 5 3. Desi n Constructabiln 1 2 3 4 3 14 Timeliness%Qual?y of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availabil' 1 2 3 4 5 8. Field Consultation and Investigations _- 1 '2 3 4_ 5 ?. Quality of Su port Services 1 2 13 4 5 8. Overall Construction Contract Administration u 1 12 3 4 5 9 Project Closeout Documentation Review 1 12 3 4 5 10. Valid' 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 34 5 _Perm dGn Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor,Building 1 2 3 4 5 Officials and/or Regalatory Agencies? -._. _ _.. 13. Change Order Processing(Accuracy,Timeliness, 1 12 3 4 5 Documentation etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsuftant(s)or 1 2 3 4 5 associate(s work and a rwork? 15. 1 Proactive Partici ion in Resolution of Dispute{s? 1 2 3 4 5 Name and title of rating officer{e Utilities Director): FS:in]alure!:of rating officer: Boynton Beach Utilities-General Consulting Services C-30 V.5 CLEAN FINAL. Page 394 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY,REPORT,OTHER Rate numerically 1 to 5 with 5 being the highest score N/A 1.f�,�hE_�qatlon of situation or activityT12 3 4 5 2. e attitude .3 vw....45 3. Tmeliness of submissions 3 4 5 4. Accurac of documents .3, 4 5 5. Did the Consultant offer cost savin solutlons? 1 12 3 14 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 soMrt? 7. Overall results _ 1 12 13 14 5 r .. Name and title of ratinti officer(e.g.Utilities Director��1 _., Sa nature of ratm officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C31 Page 395 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P. 310 P.O. #: 190621 BOYNTON BEACHO.,BOX FLORIDA 33425-0310 DATE: 12/27/18 VENDOR 16518 SHIP TO: TO: CROWN CASTLE USA, INC. City of Boynton Beach P.O BOX 732462 EAST UTILITY ADMIN DALLAS, TX 75373-2462 124 E. WOOLBRIGHT ROAD -BOYNTON BEACH, FL 33435 REQUISITION NO. 72540 ORDERING DEPARTMENT: UTIL MTRSERV/ADMIN MR DATE NEEDED: BID NO: COMMISSION APPROVED: EE1 M. LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 10540. 00 DL ELECTRICAL CONTRACTOR 1.0000 10540.00 act as general contractor in the completion of the following: Pull all PBC Permits fox the Project Coordinate all required inspro,c�tion8 and testing . Quoted Work to include all e l e ctric-related items in the stamped Construction Drawin' gs .prov'ded... A revise CD will be provided with an Electrical site; plan showing Ing cortrected trenching location. REMARKS:: : ELECTRICAL: WORK NEEDED TO -RUN THE BAq-8: 9 TATION FPROCUREMENT SERVICES: P.O. TOTAL: �1054�0.00 Z7 le ACCOUNT N 0. PROJECT 403-5000-533.65-02 LU-rg PURCHASING Page 396 of 1207 � L 00 0 \ I I I M Q1 I 1 1 ri N I 1 1 \ \ I 1 I t ri ri I 1 1 I H Fo 0 .�y U H 1 O p A 1 �M��-1 I In Ian w W .✓ IHZ H I CCCF4111 O ' 0 I U a p Dim 40 I I 7-1 U H0 Pi 1 F 1 A Kc Z•I I W I :> U I w O. I Ln m I O Ln V2 CZ�r ✓ I W F i F 1 1 0 I O O I Z �• 00 N I O 00 10 N¢r° O U O F ® p O o to H r-N o A a O H rN O w U H � NN H W i tlb I rra H Z �a 0 U F H I W I 1 kl w W y o H Ix 4 1 O ' I RM Ix a 04 a ^h H O i .� 1 , CHH FN A I Ln i W CN P U W i a Fdo W W W > z W W A I H to -- 1 I � �ej�jra Z eHra i u � H 9U F® CW7 i v14 aUi ra i U C7 1 O ..t•ri�9 1d , caa c�/a i 6: N z •.Ui i U O ® U Q)-rt k blW F - I 4 aJ da•J 41 4 ' Aa` Va H ' ji rd O U•,II p,W H 4l' i as R3rA$4 0,0 O 3 1 era 1 E .u� I�mWO I R: I O U m b)Gti p I V 41 4-.i 4 rd 4J i Z a U UH .1O.U-.-I C!} H Hp H ZZ I N O•au3�tl F [x Ft J WUPas1 W Z 1 FW Wu U Q) S4-.i J-1 4 �"Q)p N d� I a 1 ti ` .4W O'dM Po?ti O3 W� GK F 1 5i •HH•ri'O fa W H 1 O $4 Pd d-I-y O o a ; Hai I U Ix H El FJ i U sOI�Q)OOU Up I IY W i 0, i Q) co iroW rd 41aHw aJl� OTr ri) Oa U Q)r. Ab) E-H 1940 I FWF �a4-,4 U 4 WU W o � N Va y Z•+ 12 .-A010,12: 7W Lnvao O rd ra 4.)Q)•ri O MIX iD W O r"a 1 U Si CJ 1d Qa 4 I M W I-i W O Q) f4 aC rn OH 4 •. WONrdpp SI Ca P4 1 Q)to +a 0 as U 4 F O I Fz o O E xW bip r•a Id 3� td 4H 1 o H I) U H -.i H 4 •Ora OQ O E F O a eQ 3 id'14 v Q)a)Karr1 O O O UH] ] i F rd O T9 Q)4 H U r-1 .-•f Sa u N-rl Q)16 E ppq� Oz Ix O 0 1H F i WWr-I IAOO :UUOp I H f, OI Wrd44 WUa•rr,} 4rOiUva F W a W Pati' H 1 CQ E. x 1 H 1 era 1 1 z 1^{ W a tt H c� M o F� a 3 a I Page 397 of 1207 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 k Date: 9-Nov-18 Requesting Department: Utilities Admin Contact Person:Aaneya Bryant Explanation for Purchase. M400 NETWORK COMMUNIATION PROJECT Electrical work needed to run the base station/antenna for the AMI system. Originally, we are connecting to old electric used by a previous customer, however, it was discovered that the line was not connected and new electric needs to be run from the main transformer to the site. Recommended Vendor Crown Castle Dollar Amount of Purchase $10,540.00 Source for Purchase (check and attach backup materials): Three Written Quotations X 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 Pure' se. 403-5000-533-65-0 fTR13 Approvals: _ - Department Head — Date Purchasing Agent Date Asst City Manager Date City Manager Date 2'' Form Revised 02/01!02 Page 398 of 1207 REQUEST FOR REQUISITION H.T.E. _ ATE: 1119/2018 H.T.E.REQUISITION 4 1_72540 - Clerk: — MR rocurement Asst: i Director: City ager(non uc e _ —... EASON FOR ca ital d/or$5000+� PURCHASE: T I_ I - PROJECTON - - ` '_ ..__ lctricl work needed to run the base station/antenna for the 1 system. Originally,we are connecting o old-_ ld electric - — s y previous customer, however, it was discovered that the line was not connected and new electric —_.�—. Needs to be run from the main transformer to the site. VENDOR INFORMATION: III - THER - T v�. Name: Crown Castle — " -- Admin. -- —.. (—T- Date: 11/9/2018 I ASAP -- (X) Address: 8000 Avalon Blvd - —.m _-i—) n lneerin — -- 9 g ( ) Date Needed: -Sito 7a — — — — st. el. — SAP/Conf. ( } Alpharetta, 30009 itri ution ( ) - I . Phone(contact): ae .Chastain ater ual. --— — ( } uots eras ( ) Admin. 40 ( ) -- -- over$500 Pum mp9 ( ) notes rin— (X} T 1 —.. .—. oyer $2000 ( } Vendd or Number:16518 PWTreat. — ( ) id Docs. _.�) _ ��... 42 Meter Serv. (X) S ole Source Ltr. AsseMan em t t, r swage ( ) Insurance ( ) Special Instructions: — �..._—. a irements: APPROV Str I mwtr. O — — roject Number. Quan. Unit Price p - 1 $10,540.0 LCT itio Part u bei Fund e t is lm ' Amount escn GAL G 403 5000 533 65 0 $10,540.00 I T ct s GG i mleti o the following: u!I all C Per its for project, Coordinate work to include all electric-related items in the stamped Construction rains provided. Page 399 of 1207 e City of Boynton Beach UrilhaesDepartmenr 124E. Woolbright Road Boynton Beach,Florida 33435 Phone(561)742-6400 FAX.(561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS QUOTATIONS ITEMS REQUESTED: 400 NETWORK COM UNIATIO PROJECT Electrical work needed to run the base station/antenna for the AMI system. Originally,we are connecting to old electric used by a previous customer, however, it was discovered that the line was not connected and new electric Needs to be run from the main transformer to the site. - VENDOR#1: Crown Castle DATE: 10/12/2018 CONTACT PERSON: Matthew B. Chastain PHONE NUMBER: 678-366-1223 QUOTE: $10540.00 VENDOR#2: C&F Electric, Inc DATE: 09/4/2018 CONTACT PERSON: Kevin M. Flanagan PHONE NUMBER: 919-870-7924 QUOTE: $27,770.00 VENDOR#3: J.111 Crompton Electric Inc DATE: 09/12/2018 CONTACT PERSON: Michael Poirier PHONE NUMBER: 561-588-6559 QUOTE: $27,325.00 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO Page 400 of 1207 C CROWN C' CASTLE Crown Castle 8000 Avalon Boulevard Suite 700 Alpharetta,GA 30009 October 12"',2018 City of Boynton Beach Joe Badera Utility Metering Solutions 7200 Falls of Neuse Road Suite 100 Raleigh,NC 27615 Dear Jae, Crown Castle wishes to submit a pricing proposal for the City of Boynton Beach's M400 Network Communications Setup project to fulfill the following requirements as per the Request For Proposal/Quote: Electrical Contractor Requirements. Act as General Contractor in the completion of the following: 1. Pull Palm Beach County Permits for the project 2. Coordinate all required inspections and testing 3.Quoted work to include all electric-related items in the stamped Construction Drawings provided. A revised CD will be provided with an Electrical site plan showing the corrected trenching Iocation.The quote should include items on these pages: •C-4 General Site Construction Notes o 4.Access Driveway 0 5. Utilities • o 6. Site Grading o 7. Trash Removal and Sanitation • 0 8. Excavation of Utilities • 0 9. Contractor License 0 10.Traffic Control • 0 11. Construction Staking • o 12. (property damage) o 13.(minor adjustments by Crown Castle) o 14.(codes and standards) 0 15.(as built plans:drawing with dimensions showing location of underground utilities,and all others listed if any variance from drawing in the provided Construction Drawing) o 16.Work Site Safety • • •E-1 Electrical Site Plan E-2 Enlarged Electrical Site Plan,Grounding Site Plan, Grounding Keyed Notes •E-3(1)Electrical One-Line Diagram,(2)Electric Feeder Trench Section Detail,(3)Electrical Panel Schedule, (4)Equipment H Frame Detail o Note on Equipment H Frame Detail—quote to exclude installing the H frame E-4(1)Antenna Cable Grounding Installation Detail(exclude grounding to the top of tower),(4)Master Ground Bar,(5)Ground Rod Detail,and(6)Ground Test Well Detail The pathway to possible. Crowncastle.com Page 401 of 1207 •E-4 Electrical Notes—all Parts, Grounding Notes—all Parts,Close-out Documentation A&B Crown Castle will also provide and install the H-frame in addition to the items listed above. Crown Castle's proposed price for this scope of work is$10,540.00. Sincerely, Matthew B. Chastain Project Manager Crown Castle (678)366-1223 matt,chastainga crowncastle com The pathway to possible. CrownCastlexom Page 402 of 1207 !To Eq�ql C & F Electric, Inc. 1660 Northwest 65h Avenue, Suite 5 Plantation,Florida 33313 Office(954) 791-1114 Fax(954) 791-4448 [Aft:Joe Badera Joe.badera@UMSwater.com -PROPOSAL SUBMITTEDTOPHONE -----DATE--- UMS Water Cell 919-870-7924 9/4/18 JOB NAME 7200 Falls of Neuse Road—Suite 100 Crown Castle BU#842789 TY,STATE ANDZIP CODE JOB LOCATION Raleigh,NC 27615 Boynton Beach,FL 33436 ARCHITECT JOB PHONE We hereby submit specifications and estimates far: • Complete electrical grounding&bonding as per drawings we received dated 8/21/2018 • Any/all permit fees by others • Any/all patching by others • Any/all FPL fees by others 0 Ground kits from OVP/Coax/Hybrid cables to ground bars are excluded W We e hereby furnishmaterialand labor-complete-accordance h 'o' *s e NOPOSe hereby to furnish and labor-complete in accordance with above specifications, rth.,umf- P'o Twenty-Seven Thousand Seven Hundred Seventy and no/100's Payment = be,-d. en to a as dollars($27,770.00) Pi�nt—tb. �—.dc- $7,500.00 Deposit Due Upon Acceptance,Monthly Draws Based Upon Completion All material isg�ntmdtob—eas'ip according tostandard practices.Any alteration or deviation Som above specifications involving mt.costs will be MCCUt6d only upon Written orders,and will become an extra charge over and above the estimate.All agn:ctnents contingent upon �es,accidents or delays beyond our writrol. Authorized Owner to carry fie,Wmado and other necessary insurance.Ow workers are fully covered by Signature Workmen's Compensation ivau.noe. Kevin M.Flanagan Note:This proposal may be Withdrawn by us if not accepted within ..._20-_days. -tee FA,tvc—eplan ce of—Proposal The above prices,specifications ecifications and 0 0' r P conditions are satisfactory and are hereby accepted. You are authorized to Signature conditions f as spe.satisfactory .spe do the work cifid. Payment will be made as outlined above. Date of cc .vt_.. ate of Acceptance: Signature., D A Page 403 of 1207 J. Crompton Electric Inc. 1290 N.Congress Ave Date: 911212018 West Palm Beach, Fl.33409 Phone(661)588-&559 Fax(561)585-9088 Proposal Submitted to- Name Joe Baders Prepared by., Michael Poirier Company Name UMS Water Phone 919 870 7924 Scope of work: Address,11061 S Military Trail,Boynton Beach,FL.33436. permitting work I electrical service Installation. �ft bo� Description Scope of work based on site walk conducted on 9112/18 and GDP Group Inc Ci3:.'�atd&21-16" Provide permit expediting services with Palm Beach county to obtain a building and electrical permit.Record NOC. Address,0 ec _I— n name: Crown 6 Military T Wry re —0'0 work. C cels.rvice Boynton beach tower oW "eaC Beach, .a.h FL.33436. 'ach' e to 1 Boy 77777 D Scope of w P. work based on site walk conducted on 911 Prov d Per it expediting with Palm Be J'co ma Provide management with Palm beach county BD,FP&L,Crown Castle,Xact communications and UIVIS water Supply and install ground ring as depicted or GDP Group Inc construction drawings dated 8/21/16 Provide crew&equipment to remove&dispcss,of overgrowth at compound where electrical conduit is to be routed. Supply and install electrical service as depicted on GDP Group Inc construction drawings dated WIA 0 Supply and install S'X 6"concrete slab as depicted on CD's Cover all required Inspection I Provide all required close out documentation. Exclusions:RF work,H-frame installation,installation of base station equipment. Permit fees and special inspections letter if paid by J.Crompton electric Inc shall be Invoiced at cost+5%. TOTAL $27,32500 We appreciate the opportunity to offer you a proposal on this project.Should you have any questions please feel free to contact us at(561)588-6559 or Info@jcromptonelectric.corn J.Crompton Electric Inc.561-688-6559 Fax 561-586-9088 Page 404 of 1207 ^ Roberts, Melissa From: Bryant Waneya Senn Wednesday, October 31,2OI8zk15PK4 To: Roberts, Melissa Cc: [onbcy, Barb Subject: PO Request Crown Castle Attachments: City ofBoynton Beach, Florida 8U842707App D03Q6322Pricing Proposal....pdf, UK4S Water C&FBectric.pdt5KK4_4S4eI8IO311528<Ipdf Follow Up Flag: Follow up Flag Status. Flagged Hi Melissa! When you get a chance, please complete a requisition for a PO for construction work. Attached are three quotes: Crown Castle $10,540 J.Crompton $27,325 C&FBectric $27,778 VVeplan touse Crown Castle. We need to hire Crown Castle to complete the electrical work needed to run the base station/antenna for the AMI system. Originally, we were connecting to old electric used by a previous customer, however,it was discovered that the line was not connected and new electric needs to be run from the main transformer to the site. They will not be working on city property but at a private offsite location where we are leasing space. Account: 403-5000-533-65'02 VVTR138 Let meknow/fyou need any other info. Thanks! VVaneyaBryant Supervisor ofMeter Services Boynton Beach Utilities City ofBoynton Beach 124E.VVoo/brightRd. Boynton Beach, Florida 33435 � 561'742'6427 BrymntVV@bb7|.us http://vvvvvx.boynton-6each.or8/ America's Gateway to the Gulfstream z Page 405 Of 1207 a PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 : 190625 BOYNTON BEA , O BOX 310 FLORIDA425-0310 DATE:#12/27/18 VENDOR 17417 SHIP TO: TO: EVENTMAKERS INT'L, LLC City of Boynton Beach 2928 SE MONROE ST. CITY MANAGER OFFICE STUART, FL 34997 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 72873 ORDERING DEPARTMENT: PUBLIC ART/DCD01 • ®.® DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 15347.70 DL EXHIBITION TENT RENTAL 1.0000 15347.70 (1) FRAME TENT 40' X 60° X 10' GABLE WHITE STAKE TO GROUND, CALL LOAI°E ANI) REPAIR HOLES WHEN STAKES REMOVED (2) 2,4-b 6 °SQ FT. LEV -B 1t ' ,OOK INTERLOCK SYSTEM 1 LAYER 3/4: PLYWOOD EVENT GRADE GRAY(.QR BLACK; CARPET *L2 200 -10' X 20' WHITE VIN2 SETS OF DBL FRENCH; DOORS SETS OF FIRE EX/NO SMOKING SIGNS, LIT EXIT STGN (6)A/C 25> TON :PACKACE UNIT INCLUDES .3.0 HRS OF GENEATOR :RUN TIME (7) STAGING STEPS IN BACK ADA: RAMP OCCORDING TO CITY OF BOYNTON BEACH CODE REQUIREMENTS: 8 - TENT HALIPF 259: WATT LIGHTS. : ; : (9) 2.0 3 WAY :POWER .OUTLETS INSTALLED EVERY 10`AE6ING .TENT PERIMIETER: (1 LIGHTS012 PAR LED EXTERIOR. TENT . (12)2 TENT 4 :COLOR ; INETIC LOGOS ON FRONT AND I ACK PEAKS (13) CITY PERMIT (FEE CACVATIONS' PROVIDED).-. (14) 2 - 10' X 1' ° X 1. 10° DISPLAY BOOTHS BLACK INTERIOR, WHITE EXTERIOR WALLS WITH ABILITY TO HANG ART ON EXTERIOR WALLS AND SUSPEND FROM TO OF PROCUREMENT SERVICES: Tic P.O. TOTAL: ACCOUNT NO, PROJECT - 151-2611-579.49-17 SE1910 PURCHASING Page 406 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #; 190625 BOYNTON BEACH,LORIDOX A 33425-0310 DATE: 12/27/18 VENDOR 17417 SHIP TO: TO: EVENTMAKERS INT°L, LLC City of Boynton Beach 2928 SE MONROE ST. CITY MANAGER OFFICE STUART, FL 34997 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. 72873 ORDERING DEPARTMENT: PUBLIC ART/DCD01 • °"® DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST BOOTH CEILING. SET UP TENT BY JANUARY 28, 2019 REMOVE TENT BY FE8R7ARY"4, 2.019 Deosit of 10 due .to begin j9.1 balance_ at completion of_work REMARKS EXHIBITION TENT FOR KINE`-TIC ART EVENT QUOTE ##1-513 2 9 6 ' PROCUREMENT SERVICES: P.O. TOTAL: 15347.70 ACCOUNT NO. PROJECT 151-2611-579.49-17 SE1910 PURCHASING Page 407 of 1207 I - i I I ) I I CITY OF BOYNTON' BEACH REQUEST FOR PURCHASE OVER $10,000 f i Date: Dec.21 2018 f w I ;Requesting Department: PublicArt Contact Person: Debby Coles-Doha Explanation for Purchase: Service to rent, install and removal a 40'x 60'exhibition tent for the Feb. 1-3,2019 International Kinetic Art Exhibit and Symposium. The event purpose is to increase the City of Boynton Beach's awareness as a vibrant and attractive City in the South Florida region though exhibiting unique one-of-a-kind kinetic artworks. i Recommended Vendor DollarAmount of Purchase $15,347.70 Source for Purchase(check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back ® Budgeted Item Emergency Purchase Other i Contract Number: NOTE: Pricing proposal for purrrase must he presented in the same dotal contained within the contract. Fund Source for Purchase: 15126115794917 st 1910 Approvals: Department Head Date E , Purchasing Agent Date i / Asst City Manager Date City Manager Date Form Revised 02/07/02 1 Page 408 of 1207 Li m x. y a F 111 N a H en of W 7H+;4 5 H W z�E" a w 2 2 1 7-.W Hen 1 rg e W P 1 O H I q a1 O i 'P.P H O U I P O I O a I P Y H a P o w P o W a t(7 M 1 aE H W fn Q H O eel 0 C a 0000 OOOO KEmom ; W N H G O omMw 1 0 W .-f , H PaIWH 1 Q o F o w 1 O N uMi uHimn U O 0 w I H a ° £ W P4 W H I efj Ix r a H Ka O U o'� W W H o W N I a W h m H OW 0 ° z W W N ca E O � I H d a A 7 H V4 x pq M rz x w U) 2 H 14 o w R H 0 O U H l W E0 Ua r,4- V4 7 x HE a W We N W"$ [n U H eA H �7�W q QUQ H O tl U H en l a x a w F W I�H ey' h$ +�' "✓ o A W H w a xw W 103 E110 v w NawPxi Izai ao � QwogSWwwzla H1. oQa Ooadsn FxroYry�Hx+F�weazn � 4romc HzC7H WjjN 3u]9 >1 Z. 2 .4 x z Q1�a NN O Pi # 1 E' OrJ: NO, H Q WHF Ha6 dWIx ix O a�' 2 ben Kfi _p 2 U q a , aW x o� wxo H UO �gaE..[�HH ag3a ma wa onl E HU2 Q8-M14 W 6 wa N al Wb 1 xx 4 z 0ww qz HZ� pq vfoHOz ooh y.a W Q i E. 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EVE_ KERS INTERMArtONAL LLC 2 �y metre,Y �m ffieot+e ®- 9(xeric appropriate box for federal tax classification of —n*tt folkwAW seven taxes, person w inner b on ine 1. Doty we of the 4 appy rgyo ® IndividualAlsole propriabor« ® c Corporation p$Corporation p ® on W ` u n r Exarript l -do(r any) p✓ rte' EramNe tax classiftabon kC - ► P o tk"Check the box in the abaft for de tax of the ' owner,Do not check Exemption from FATC0. LLC it the 11C§d2osined as a 211VIC4nernber LLC did Is disregarded k-orn the owner urs the owrar of the U.0 Is 'C nanother LLC Chet is not disregarded Nan the ova for U.S.fackeal tax purposes,Otherwise,a LLC lien a 1e I S b ded tram the owner eck Www dde box�the Lax a,ftewmer. I Other Oft' ► -_._ m am�rrusi W 5 Ackliess#vsnber,street.aW VL or sdle nos - m 2928 SE MONROE STREET uB Cay,state.ed ZIP code STUART FL 34897 ,r Ust80DMNR MXWJWW hereopficno Taxpayw N _ Eater your TW in the appropriate box.The TIN provided must match the roamer given on&N 1 to avesecuroyausober backup whhholdhgL For individuals,this is generally M94 However,for resident alien,sole propriator,or entity,see the four P�1 .For other a entities,it is your employer dentilleabon somber(EiW if you do not have a nuns,see blow,to get a TIN,later. or Nutw If the aecoont is In more than one name,see the" for tine 1.Also see What Name and lampoyse Number To GTtre US RequesW for on whose number to enter. 6 5 _ y 111 7 3 5 2 on Under penalties of ,Icortifythat: I.The number shown on tltis form is my correct manbtx(or!ern waft for a number to be issued to may and 2.1 am not subject to bactatp Withholding because.'(a)I am exempt from backup withholdinX or to)I have not been nortilled by the Internal Revenue Service{IRS)that 1 am subject to backup withholding as a result of a fatiiae to report al interest or dividends,or(c)the IRS hasnotilledme that I am no longer subject to backup withholding,and 3.1 ant a U.S.citizen or other U.S.person(d&fffmd below);and 4.The FATCA code(s)ernmW on this form(if any)indicating that 1 an exerivi from FATCA reporting is correct. You must erg out Rem 2 above It you have bow notified by the IRS that you we minGriffy subject to backup withholding because YOU have fated to MPOrt all west and dividends on your tax For real t ecured Piciperty,cancellation of debt,contibuficsis io an ,item 2 does not apply.Fa paid, individual retirement smingament p".and other that interest and dividendse,you are not to sign tha but you rust provide your coned TIN.Sea theWris for Pat payments later. Sig Wisturs Iy #we� UB Person t. i t DaGt► —ice General Instructions •Foam 1099-[NV(divideinds,including those from stoces or mutual Section d ref re ato the Intimal Revenue coda artless noted. ( us Its of pie.prizes or .Form 1 gross Future devellopments.For the latest hrrfotmatimahaR t .Form 109"(stock or mutual kind sobs and certain other related to Form W-9 and its hnsirtuctiorM such as legislation enacted after they ware publishod,go to ww w!mgov transaallons by brokers) •Form 1099 5 Onoixeds,from real Mate trarisactions) PLWPOSe of Foffn •Form 109.9-K"erchant cad and third party network An kK hviduai or entity(Pomo W-9requester)who is required to file an •Form 1098(lhorrie mortgage interest.10 8 (student tan interest), infornmitlon return with On IFIS must obtain your correct tatrpayer 1058-T{tuithort) identification number MM which may be your social security number •Form 1099-C(canceled debt) (SSM.Individual taxpayer id .Form 1 taxpayer idem' number ' pmparlyl (Elfin,to report on at' amount the amnt paid to you. other Use Form W-9 only if you atm a U.S.person(including mition or abandonment of da resident amour reportable an at information retum.Bcamples of information alie).to provide your comed TIN. returns Itctuft,but are not limited to,the following. !f you muco reframe Pam bV 9 to fire err with a nM tome mf8ht •Form 1099-INT(tnYerest earned or paled) be SIA400 to bookup WWwk&QL See What Is baclaup withhoi ft' Aster. Cat.No.102SIX Form W-9 pev.10-2098) Page 411 of 1207 EVENT-2 OP ID:AT PUMPt" CERTIFICATE OF LIABILITY INSURANCE ONFE 05114IMS THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLMR.TMS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATWELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IIISURER(Sh NJMRIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIF11CATE HOLDER. IMPORTANT. If the cwmww hokler is an ADDITIONAL iin— 1,"Mpofty(in)mug be WKIOM& N SUBROGATIOPI 13 WAIVIM,Snqed to the term and conditions of am poncy,certain paikbs may require an endorsement. A stallemant on this cerillicale does not confer rWa to the cardlicate holder in Neu of such an - fls). PROMS= BQjrT Ann Maqs=�r Brown&Brown IVow nsurance Vero Division J 772231-UM _._77 — ___. 817 Beachland JUvd Vero Beach,FL 32963 Lin Ashmore MAIC0 IMSURERAq FOCI Insurance com 10178 INSURED 2928 SE Monroe Street: Stuart,FL 34997-5943 COVERAGES CERTIFICATE NUMBER:- REVISION NUMBEIL THIS IS TO COMFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED NOrMNSTANDIN13 ANY REQUIRSIENT TERM OR CONDITM OF ANY cOMTRACT an OTHER DOCUMENT VM RO CT OD W E T"WHUI CATHIS CERTIFICATE MAY BE MWED OR MAY PERMIK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES IJWTS SNOWPI MAY HAVE BEEN REDUCED BY PAID CUUM wo _11123LIF-M -— LTR 7YPE OF guff-aw Pal� LEM LIABILlry E�hCll OCCURWIXE OAMMADE f__j OCCLR Up aro PERSONALLADVNANtY S GEICL AGGREGATE LWT APPLIES PER GENERAL AGGREGATE Poucy El M ED LOC FROMJ=- AUTOMOBILE LL480-M EO, ANYAM SWLyftWY(pWpp=) ALLOVIINED AUTOS 8WlLy0LLW(pWG0dft* 6 FOtREUAUTOSNON-OVAM AUMS U&NM OCCW IS)WE = - _E! AGGREGATE DED RETENTIOMS WORKERS COMPENISSMIMI A IINDEMPICTLWWOLM YIN :X:[STAWM.�.... ER AM PROPRIETORPARINSIDEWr- N MIA F-LEOICHACCIDEPIT OFFICERSISENOM E=UJDED? S 500, (10-datoy In 09 KY65,4185afturdw F-LDISEASE-E-AGMPLO $ 500, RROTM51N OF OPERATIONS E.L DISEASE-POLICY UW S 500.00C DESCFtPT=CPOPMMIMNSILOCAYPOWIVEHKXM JACORD 101,Adddmal Rwrafta 3d*dt&.wAy bemftdwd V mom gpow is seqAree EOF*lSURAMCE T"'T., PEI 7F �E CERTIFICATE HOLDER CANCELLATION t8HOULD Mjy OF THE ABOVE DESCRIBED POLKxEs BE cAwalM BEFORE City of Boynton Beach THE OWM710M DATE THEREOF. WME WILL BE DaxERED IN 100E Boynton Beach Blvd. ACCORDANCE VATH THE POUCY PROVICKM. Boynton Beach,FL 33432-37M REPREN AUTHORIZED111341ESEMINVE 0 191111-20114 ACORD COR TION. AN rights;—roserad. AC ORD 26(2014M) The AC ORD name and kW are registered marks of ACORD Page 412 of 1207 IE ell hi e 46 Jk� IA G 4h, t •fit -I d �._ E ,{ CD e -it f CD - I O O O O m0 1 O RI m { f O O 0Xmom [ 0cCD 0n im ooa �.So4E p . y 0 in (a _ ® p o x a, co pi t ca K �� WNN VNp.Q -0+�� m p 0 O t CA OBD a 1 .. -n —= OL 0 i 0 Al pOOeim M C s to C? 3 ' .�.mts P. �' (At D X `r O X t0 CL r N t p O 4 ( L p 1 `6 ,�, 4 $ O Q, m M i ert F E p� N ---------- ------- j jrL 1CD CL CO l —� W —- - -- --- -- _------- --- - --- Page 414 of 1207 :aka � �7 �'e s^•„r�,ar '� eta € : F +_ j c 8V 1 ; C Z r f mmc t N O t ; t Or p�m U � 3 '710 Df n , f fR t C i i 0 y� r .a 1 t!6 _ F g i o .c CL I 3 -" CD CD ( Y Ll tit to. 9.3 ca • s o O tip Dt i { An c6 c n ` fn3 ��z O_a ? ' � ® Ow C 1 � s �j gF Co r NCL a 7 C� O c € W Cr CL Page 415 of 1207 ReservationAnvoice NFDUq Delivery1/30/2019 2f412019 2928 SE MONROE STREET STUART,FL 34997 PHONE(772)286-1841 FAX(772)286-2132 TOLL FREE(800)228-9547x';p.10=19 www.evenWiekem.net 2/401019 SMP TO:N EXACTA SS �Do#On Receipt ".: KINETIC ART EVENT E.OCEAN AVE Customer Information Boynton Beach,FL 33426 g CITY OF BOYNTON BEACH 3301 QUANTUM BLVD.SUITE 81 Boynton Beach,FL 33426 (567)742-6026 25828 1 FRAME TENT,40'X 60'GABLE WHITE — $1730.00 $1730.00 Notes:SET AT lCr HIGH TENT TO BE STAKED,CALL FOR UNDERGROUND UTILITIES BEFORE INSTALLATION PATCH STAKE HOLES AFTER TENT REMOVAL 2 FIRE EXT/NO SMOKING/LIT EXIT SIGN $40.00 $80.00 200 SIDEWALL,KEDER WHITE 10'X20'SECT $3.00 $600.00 2 TENT DOORS,FRENCH DOUBLE $300.00 $600.00 2400 FLOOR,4'X4'DECKS $1,50 $36DD.OD 2400 CARPET,GREY BERBER $0,75 $1860.00 1 A1C,25 TON PACKAGE UNIT $2650.00 $2650.00 Notes:INCLUDES GENERATOR AND 30 HOURS OF RUN TIME 1 ADA ACCESS RAMP $30.66 $30,00 Notes:DESIGN AND LENGTH TBD 1 STAGING,STEPS 2'ADJUSTABLE $25.00 $25.00 Notes:ACTUAL HEIGHT TBD 8 LIGHTS,TENT HALIDE 250 WATT $75.00 $600.00 Notes:FOR INTERIOR TENT LIGHTING 20 POWER,3-WAY OUTLET $20.00 $400.00 Notes:INSTALLED EVERY 10'ALONG PERIMETER OF TENT 12 LIGHTS,PAR 64 LED $40.00 $480.00 Notes-FOR EXTERIOR TENT LIGHTING 1 TENT PERMIT FEES $500.00 IV $500.00 Notes:ESTIMATE ONLY-ACTUAL TBD 2.00 TENT LOGO $300.00 $600.00 Notes:HI-RESOLUTION FILE TO BE PROVIDED BY CUSTOMER 2 DISPLAY BOOTH $250,00 $500.00 Notes:3 SIDES ENCLOSED,ONE SIDE OPEN,WITH ROOF PANEL 10'HIGH BY 10'VIDE-ACTUAL DESIGN TBD 'PrR seg VENT IS FEB IST THRU FEB 3RD CUSTOMER TO PAY 10%DEPOSIT WITH BALANCE DUE AFTER INSTALLATION Them You For Your Rnhka 7 RabW Amw Tmaww.Dnwbwx"349 Pu Pge4 e92 Page 416 of 1207 ENE T Sf ... �� ...-I0f1�IN01C@ ' �rEt1d� ,'�ertd : 11*Is a contimt.Please read both sides before signing_By signing Renter acknowledges he/she has read and understands the contract and agrees to be bound by all of its terms, conditions and provisions.Orders may be cancelled up to 48 hours in advance,except special order items.Orders cancelled less than 48 hours are subject to a 25%cancellation Orders cancelled on delivery will be charged a 50%cancellation fee. rey Friday '$13595.00 Mo {"; i60.0089Dam 4 ,X 75.00 Customer Signature X77.70 Customer Name{Printed) � � ��a3 cru � ,' ,; }. -- ��u� 1 „�I�t� "fi,U X15,.347.70 Thank You For Your Business! 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Estimate# j 020119 ate,FL.33063 Phone 4-9 9-7847 6 9-74 F"nEventsFax 954-979-7847 - ® 2/1-2/3/19 Fri-Stat Tues-Thune Delivery Info Required 7EB Hancdt Boynton Beach,Florida obay Mon 16oynttm Beach,Florida 33425 " Customer Phone 56_1-742-6026 - Customer Alt.Phone Surface: Customer Fax Customer E-mail dobayd@bbfl.us Qty _ Description _ - Price Each Total 40'x 60'White Top Frame on 8'Legs 10'Legs (12'not available) 2,400.00 Z400.00T full plywood floor leveled 400.00 400.00T carpet over floor(event grade) 4,800.00 4,800.00T fall white vinyl sidewalk 10'(10)10a2O sides 2,650.00 Z650.00T 2 french doors 500.00 500.00T Air Conditioning approx 48 Tons 595.00 1,190.00T generator includes up to 30 hours fuel(Additional fuel$65.00 per hour) 1,950.00 1,950.00T basic lighting in tent(LED M lids 2,150,00 2150.00T fire package includes emergency lights&fire extingusher 500.00 500.00T 1 set of steps 500.00 500.00T ADA ramp Awing no more than 12"off ground 50.00 50.0017 electrical outlets every 10'along wall(200') 1,200.00 1,200.00T Delivery&pick Up(During Re 1,500.00 1,500.00T Regular Delivery Hours: EST 9AM—4PM Mon-Sat) 250.00 250.00T city permit fees engineer drawings 750.00 750.00T electrical 300.00 300.00T permit filing fees 350.00 350-OOT 350.00 350.00T wcwrgseaae+ 'ess •Fxexiaserrea� urtxeurvrat` a _. Subtotal�-x.tS,searag�renWruormYan�'radamw.eP&�r�uoEig®u�pmr�4yCagYwffi:re`p«ai,mW"e�uAeiaf.mbYYbgr�r�le,9E�ingt5y�1pa.,bbg,�aYe.&�mls,au'cSu'a<beeerFesaA+:,xa�.smADaa8v¢�ffi«aeamew+„F@tm,Y,me.'�$mu4wm»'PKee9°elbrr34•�+�`u'..'ka>r"aT�ffi#�'IeE¢Niw.RtG�znw:ar�U¢a�ry Rx om r6e+iryw3:xethsr,..xJe"vv6oiru«'rr+ls'at�a�etamfkT:re�m[g.t"eycss.'E:. ,preaws�.�aaua>Mywrss�#s'ttc�.'Nm.�m.�e,' r.«ctr:r,�r'rrx�eaF,.°�aA�7'�.pm,i.pmnk+nr4gm.re0sn��«w�'.t.6.w.Ymsra`�E' tw^""sWssP'Eapa^Raa�N,1a4xa.�ts;pc d -.-... $21,790.00 eh ZZ Tax(7.0%) $ ,52 .30110 To 1 $23,35.3Mr�D�wewatr.�asroaa.,+ cearpropm1 rmre�rw.rRrr�ea.�. .�mulMdb 1�6A60aPA+/ffi18.�4we4gflm94l@f�Y �0b fiNrpy(.1'B'n1i�"f�xclNra&sLL�$.. ° °��Wa'..Wab ffiea YS' e¢€.Ymlace�i9eBPaMknm � effiPoeerR WotekepiW&tdeF�YT Ha97m,9R!@1s Dae mm9. �1 r9atYa4b®aitlWMebzN.�SYFBme'k`&t�c k+eiRiylpY,6t�a1'.bSPOer�,E� ,:yA aNCdRfjw bN"Kd®avielaw.aLLyrk,: prRrH�9MW4M4fir 'PeH+B.. repSpsEnRar bpmaoW ip1Ja_EWEW6YLLRktEyE9� '�la�•Md�U4rt�e(W,7MaNaertnqumWnPFw -C68M.•�Y[LM6Sk.9RWkP .C�/T.MSOMM1i Cu(ffGp6 : CUSTOMER SIGNATUREPLEASE SIGN AND REFAX TO CONFIRM MUSlim CUSTOMER IS RESPONSIBLE FOR ALL P .v.$"N®chpng will be CONFIRM B cintr c—p1t6out communicat with of lice a signed copy of the revised contract re-fazed to Tents'a-Events personal by TELEPHONE a Page 420 of 1207 2322 SW 58th Terrace Hollywood,FL 33023 1W 954-374-0169 rentals@sunshinctentsfl.com &EMT www.SunshimeTentsFL.com Carson _ Event:Kinetic Art Event City of Boyton Beach Debby Coles-Dobay o:-561-742-6026 c: 561-632-7992 Coles-DobayD@bbfl.us =eAiria t 1673 01/29/2019 .. _._.. .;.. SHIPDATE TRACIUNG NQ RCKUPDATELT ANT 01/29/2019 Event:Feb. 1-3,2019. 2/4-5/2019 SM Q )e ' i A til 33 x 82 x 12 White Top Structure Tent w/setu P 1.6,765.00. 6,765.00T Biljax Tent Flooring 1 6,765.00 6,765.00T Event Grade Carpet(Color TBD) 1 4,100.00 4,l OO.00T 234ft Solid Side Walls w/setup 230 5.00 1,150.00T Double French Doors w/setup(LOCKING) 2 1,000.00 2,000.00T Fire Extinguishers,No Smoking Signs,Exit Signs 1 100.00 100.00T Air Conditioning including Generator***Based on 30 Hours Runtime*** 1 8,118.00 8,118.00T ADA Ramp for front entrance 1 150.00 150.00T Stairs at back 1 50.00 50.00T Dome Lights 8 50.00 400.00T Electrical Outlets every 10ft with cables 20 75.00 1,500.00T Light Tower(OUTDOOR LIGHTING) 2 300.00 600.00T Re-patching stake holes 1 500.00 SOO.00T, Forklift Rental 1 1,500.00 1,500.00T ****GENERAL PERMIT DISCLAIMER***** Y MUNICIPALITIES REQUIRE A PERMIT FOR TENTS. THE 1 1,500.00 1,500.00 CUSTOMER ASSUMES ALL RESPONSIBILITIES FOR OBTAINING ANY AND ALL PERMITS RELATED TO THIS EVENT. SUNSHINE TENTS MAY BE CONTRACTED TO OBTAIN THE PERMIT IF NECESSARY.IN THE EVENT THE CUSTOMER CHOOSES NOT TO SECURE A PERMIT, THE CUSTOMER ASSUMES ALL LIABILITY AND IS RESPONSIBLE TO PAY ALL FINES,FEES AND EXPENSES INCURRED AS A RESULT OF TICKETING OR EMERGENCY SERVICES. Page 421 of 1207 Delivery and Pickup Service 1 1,000.00 1,000.00T Chairs and tables setup is not included unless it is specified on the invoice. Please note that our delivery rates are based on a first floor delivery within 50 feet of where the truck will be parked. Please reply to this e-mail or call the office if your delivery has any of the following characteristic:Delivery to a second floor or hi ;Delivery to more than 50 feet away from where the truck will be parked;Delivery must be finished before a specific time*****When the driver arrives,the client should know where the products will be dropped off. Waiting time for driver must not exceed 10 minutes***** City of Boynton Beach Permit Fee 1 1,783.45 1,783.45T ESTIMATES ARE NOT INVOICES.PLEASE CONTACT OUR OFFICE IF YOU SUBTOTAL WOULD IM TO RESERVEICONFnW THIS ESTDJATE 37,981.45 TAX((M) 0.00 TOTAL Accepted.By Accepted Date Page 422 of 1207 48245 Fc.Irwi®Rd. 8500 Patiffine Blvd,Ste 110 55 Montgomery St. 7000 S.10th St, CA 92311 Odando,FL eville,NT 07109 Oak W153154 arena ( )383.6332 (407)297-1165 (973)771-5177 (414)$31-7WO AMERICAS1441 w ne towru ancom LEADERS IN INNOVATIVE EVENTS BID Itra fig: Ottivery Location: 7 City Of Boynton Beach Art Festival Bid# 593210-5 710 North Federal Hwy 114 North Federal Wighway Boynton Beach FL 33425 Boynton Beach FL 33425 008. Cust#/Key#129210 Loc livery/ t: 01/25/19 Fri 7-00 AM JEH Order y: DebbyCotes obay Poliab# Event. 02/01/19 Fri 7,00 AM Phone: W (561)742-6026 Time: Pick-upfln: 02/04/19 Mon 6:00 PM JEH C (561)632-7992 ,Sl : JHUTTON DELIVERY 16eart crl .tion Total Floor x 60'Level wood floor Double layer of plywood for extra stability 2-Door landings ith ramp 1 F94 Floor,PlywoodSheet 3/4" 35. 5250.00 105 5 Fl Stringer 4 WX12' 0.00 8 F Floor Stringer 2'X6®X12' 0'00 carpet 2, 7288 Carpet, Black Per Sq Ft 1.50 3600.00 4500.00 1 S70 H c Ton Hvac unit,Generator,cabling,delivery,set and strike 1 AAISC Delivery/Pickup 3500.00 3500.00 1 480WO Heavy Equipment Usage Charge 2500.00 2500.00 1 399-8995 Permit Fees 500.00 500.00 --- Payments------ Remit payment to: ire/ACH:PNC Bank,ABA 31207607,Arena Event Services, Inc. Account#8026340245 USPS:Arena Event Services Inc.,PO Box 776368,Chicago,IL 60677-6368 Fed /UPS:PNC Bank c/o Arena Event Services, Inc.,Lockbox 776368,350 East Devon Ave., Itasca,IL 60143 Rentals 26,355.00 Sales 3, 000.00 500.01) Mdo tCa. cn fl. a Delivery/ her 3, by the and Areas Aamices.Read Damage Waiver 0.00 bath sides god diTanaand Coadidam-before signivP Camongtr k"V0446Env.Charges (1.00 cquipment,sipga lio,on this tai_ =dI it is rreumod to an or Atom Aw&do%Ilse sipamm above audwduk Am"Aoxfte"So&*W the abaft cftjh Sales Tax 2,299.85 t N on delivery oe® t orpo 1 Total 35,154.85 tom eat as at ch Agippeb doe to mogm the due7&Ys prior to-twt efisAdIfifirroTotal Paid 0. OD an open Credit ammatt Credit fterns am Nus 31L Est Amount Due 35,154.85 12106/18 07:58.24 Page 2 Page 423 of 1207 4 y PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190627 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/28/18 VENDOR 35 SHIP TO: TO: JOHNSON CONTROLS SECURITY SOLD City of Boynton Beach TYCO FIRE & SECURITY MGMT CAROLYN SIMS CENTER 440 COLUMBIA DR. 225 NW 12TH AVENUE WEST PALM BEACH, FL 33409 BOYNTON BEACH, FL 33435 - REQUISITION N0. 72840 ORDERING DEPARTMENT: RECREATION AND PARKS ® "® DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA 22 IN W LCD 1920 X 1080 FHD LED 369.7800 369.78 HDMI VGA Y/C 2x BNC IN w/loop Audio. 3D .CF & DI VENDOR ITEM W! AD 2. 2 3 .00 EA M3044-V ULTRA :COMPACT CAMERA:: 228.4500 685.35 MINI DOME. MIST/VR H264:/,7PEG: 720,MOVpS WDh.. VENDOR ITEM NO 0`8.02-001 R- 3 3 .00 EA M3026 VE FIXED MINI-DOME 7"75..1900 2325.57 CA MI ATN/OUT FIXED T- N1:. • DOME 10'6DEG HDTV 1080P 3MP VENDOR I TEM NO. ;6.5 41-0 01- 4 3 .00 EA T91:D61 WALL; MbT31riT, .AL YAH. W/1.5 100 33:;00 300.99 NR15 ;THREAD :FOR' FOR FIXED:DOME: :PENDANT KITS VENDOR: ITEM NO:: 55 04-811 5 3 .00 .EA T94V01D PENDANT XI'T FOR Q36-VE 10`0 6700 302.01 SERIES WITH. ':1.'5 1 NPE THREAD, VENDOR ITEM NO,: 58 017 4 31 6 2 .00 EA': T94Ni02D COMPRISES :A WEATHER ; : 111.6500 227.30 MOW'a ADAPTER, FOR .P3707-PE:.Ip. . CAMERA`. VENDOR. ITEMNO. 5507 :11 7 2.00 EA T91D:61 WALLMOUNT; AL WH W/ 1.5" 100.3300 200.66 NPS THREAD FOR.. FIXED::,DOME PENDANT la,TS. VENDOR ITEM.: Nn:: 55:04 82: 8 1.00 EA SINGLE IP CAMERA LICENSE THIS 1311.5100 1311.51 PART CONSISTS OF QTS' 08 SOFTWARE LICENSES (SOURCEWELL CONTRACT ITEMS-AFTER WARRANTY-EXEMPT FROM MAINTENAN E) PROCUREMENT SERVICES: ! P.O. TOTAL: ACCOUNT NO. PROJECT 001-2710-572.49-17 PURCHASING Page 424 of 1207 a . p PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P. : 190627 BOYNTON BEACH, FLORIDA 33425-0310 DATE:#12/28/18 VENDOR 35 SHIP TO: TO: JOHNSON CONTROLS SECURITY SOLD City of Boynton Beach TYCO FIRE & SECURITY MGMT CAROLYN SIMS CENTER 440 COLUMBIA DR. 225 NW 12TH AVENUE WEST PALM BEACH, FL 33409 BOYNTON BEACH, FL 33435 REQUISITION NO. 72840 ORDERING DEPARTMENT: RECREATION AND PARKS DATE NEEDED: BID NO: COMMISSION APPROVED: • LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXCOSDED VENDOR ITEM NO. - EVIP-01-8 9 2000.00 EA 23-4P UTP-CMP.-:S'0— BO W-76 2..41.3 4600 920.00 FEP/LSPVC _ VIOLET J_0,,0:-0 FT. BOXES: (SOURCONTRACT ITEMS AFIER' WARRANTY: EXEMIT FRONT MAINTENANCES VENI?OR ITEM NGt>_ 7:106.35PR 10 2. 00 EA AX-IS...COMMUNICATIONS; 1475 ,5400 2813.08 VENDO ITEM -NO. P377 11 1.00 EA EXACQ LF14: CABLE WITH 8V ;8A: 1 SPOT . . 15:4 59:00 164.59 OR OUT: VENDOR ITEM NO':.. 150-00-135 12 40.00 EA CONDUIT 1400 85.60 VENDOR ITEM NO;; LOCAL' 13 1.00 EA MISCELLANEOUS, MATERIALS_. (EMT/FLEX 15:..7 1.0 0 215.71 BOX FITTINGS- BOX-TAMPERS, ITTINGSBO:XrTAMPERS, E'T'C) (OPEN :MARKET::ITEMS; AFTER, WARRANTY:=EXEMPT FROM MAINTENANCE) VENDOIR ITEM :NO.. .MISC 14 78. 00 HR 90.,TRCEWELL' INSTALLATION .LABOR 10$..2100 8440.38 PROG1kAMMI<NG & TESTING REMARKS: CAMERA FOR CAROLYN SIMS CENTER PIGGYBACK OF SOURCEWELL CONTRACT #031517-TIS ESTIMATE 31-4COGM00 R1 PROCUREMENT SERVICES: P.O. TOTAL: 18362.53 ACCOUNT NO. PROJECT 001-2710-572.49-17 PURCHASING Page 425 of 1207 CITY OF BOYNTON BEACH d REQUEST FOR PURCHASE OVER $10,000 Date: 12/18/2018 Requesting Department: Recreation and Parks Contact Person: Wally Majors Explanation for Purchase: Purchase, installation, programming and testing of security cameras at Carolyn Sims Center, Recommended Vendor Johnson Controls Security Solutions Dollar Amount of Purchase 18362.53 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sale Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: 031517-TIS NOTE: Pricing proposal for purchase must be presented in the same etai ccontained within the contract. Fund Source for Purchase: Sourcewell (formerly NJPA)Contract#031517-TIS 001 Approvals: - Department Head Date Purchasing Agent Date Asst City Manager �, Date City Manager Date Four,Revised 02101/02 Page 426 of 1207 f e /b m H H \ \ as 1 1 N 'A 1 I I I F.O rl �O !'•1 I 1 �t,p r M Lrl OLn W W H Cl Ka I � N M Q 1 OD W >i 0 1 q 1 I RS W 1 H , ' a I w , , Q I I I , I I I I I a 0 U) I 1 I I � H El 11 I I O O � C? 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H 01 u �Q a pHn ruw>4Q S+Q W 5p OaP"Q aW�+p xaFyQ oaEYQ �Q z H H OZPO Oopo QFO �0F0 aHO U4E,0 rcCEHO N<WZPO aoWZEO HO ® 6 W I 3HQ �HX a QX "JOQH 2. �xmz Q%Q QrfaQ2 MnE HE+WHQ� 0H WHQx OQZ H O HH i U00 1 h00 1 H00 H"00 H:400 N 00 H 00 WI-4U 00 EU 00 U00 11 1347ZXU er\EU w U wNxu OHEU OEEU tonxu 00x EU aWx EU EU u] U : HwEm er�rEm NWEm Q E r Em MRH QWzm C7WOXVE m v°abEE WH H O m I Op owOb oEOb rax0� vlen00 v' 0a HxoC :) z 0000 1 0000 HO Ih F W I N.`K,'um MNum moues Q oum m"uw mourn mHuw HoDmxum MHwgum "IUW W a Q NG N E'S.. EQ HW HZ HE F . u]o�-44 N>—r" l x H W 1 W H m H N M dI 1n w h m of o azI H Page 429 of 1207 Recreation& Parks Deoartment PURCHASE_RgQqgj DATE 12/18/18 SECTION: Recreation and parks PURPOSE/JUSTIFICATION/PROJECT: Cameras for Carolyn Sims Center Sourcewell (formerly NJPA) Contract#031517-TIS ITEMS: (if more than 4 items, attach company's order form which will be sent w1p.o.) Description� Item# Quantit Price each 1. see attached 2. 3. 4. PURCHASING $ 0-$499 no quotes required—use credit card if vendor accepts GUIDELINES: $ 500-$11999 3 VERBAL QUOTES(contact name&phone number required) $ 2,000-$24,999 3 WRITTEN QUOTES (items over $10,000, must complete and attach the Request far Purchases over$10,000 form) $ 25,000&Up FORMAL SEALED BIDS BY PURCHASING Purchase of a single item over$750 must be made using a capital account(60 series) PRICE QUOTES(check one): VERBAL: WRITTEN:f=_(attach quotes) COMPANY NAME PHONE# REPRESENTATIVE AMOUNT 1. Johnson Controls Security Solutions 561-207-3535 Nate Galin 18362.53 2. 3. **-D Check here for return of purchase order; return to VENDOR NAME: Johnson Controls Security Solutions VENDOR# 35 (if vendor not in system,a completed W-9 must be attached) ADDRESS: PO BOX 371967 PHONE#: 561-207-3535 Pittsburgh PA 15250 Remember to use the Inventory Tracking Form,if appropriate,when you receive your items. Refer to department APM policy"Inventory Control"for details, ACCOUNT NUMBER: 00127105724917 PROJECT M (if applicable) SIGNATURE: APPROVED BY: S:\Reaeation&Parks Shared riles\FormskPurchase Request Formdoc,Revised 5JI/15 Page 430 of 1207 .fr Johnson Controls- Johnson rl Johnson Controls Security Solutions,LLC `- Government Technotogles City of Boynton Beach CONTRACT#031517-TIS ------------------------------ For Biliinggnvoice questions-1-800-428-7124 1 225 NW 12th Ave Authorized Sourcewell(formerly NJPA) option 5 Boynton Beach FL 33425 Schedule Price quote I For Service/Technical questions-1-800-428-7124 1 Sourcewell Member#21407 option 3 i .-r-®"®""®"®"r"®-®-®".."®"1 Return Purchase Order&Proposal to the Local Account Manager. Local Account Mgr: Nathan Galin Thank yowl Local Account Mgr Phone: 561-207-3535 Local Account Mgr Email: Nate.galin@Ici.com JCSS Program Mgr: Jeffrey Cappel Proposal Prepared by: JCSS Mgr Phone: 571-213-0842 Linda Jones JCSS Mgr Email: jeffrey.cappel@jci.com SLG Sales Support Proposal Date: 12/19/18 100 Chestnut St.,16th Floor Proposal Name: Carolyn Sims Bldg Cams Rochester,NY 14604 Compass Estimate#: 1-4COGM00 R1 Phone: 585-613-9266 Proposal Expires. 03/19/19 linda.jones;&d.com Installation Charges: Sourcewell Schedule Products $6,643.17 Sourcewell Installation Labor 78 Hours $8,440.38 Sourced or"Open Market'Goods $3,278.98 Installation Charge Summary. $18,362.53 Annual Services: Sourcewell 2nd Year-Annual Maintenance Charges(One-Year warranty on Equipment and $1,367.03 Service Labor was included for first year) Annual Service Charge Summary: $1,367A3 Additional Notes: Note 91: Rates assume that neither the Davis Bacon Act("DBA'),nor any other Prevailing Wage Act applies. If this is incorrect,please advise In writing before submittal of the purchase order and provide the applicable prevailing wage determination and we will provide a revised quote. Note#2: This proposal DOES NOT include any applicable Local,State,or Federal taxes. Note#3: Customer to provide Power and Telco Communications. Note#4: Price includes a One Year Warranty on Material and Labor. Note 95: IAny award resulting from this proposal that Is over$10,000 or over 30 days from start to completion will be eligible for progress billing. Note#6: Please include Sourcewell Contract Number 031517-TIS on your Purchase Order. CITYRB-CSC-CAMS-EST91-4C0GM0e Rt Sourcewell Contract 031517-TIS tu1et201e farms and conditions apply to this purchase. 1 of 2 Page 431 of 1207 Controls I� SS City of Boynton Beach ` Boynton Beach FL 33425 Sourcewell Net Price Qty. Model Description Each Extended 1 ADLCD22MPB 22in W LCD 1920x1080 FHD LED,HDMI,VGA,Y/C, $369.78 $369.78 2xBNC IN w/Loop,Audio,3D CF&DI 3 0802-001-A M3044-V ULTRA-COMPACT CAMERA MINI-DOME $228.45 $685.35 DUSTNR H264/JPEG 720P@30FPS WDR 3 0547-001 M3026-VE FIXED MINIDOME CAMERAIN/OUT FIXED $775.19 $2,325.57 MINI DOME 106DEG HDTV 1080P 3MP 3 5504-821 T91 D61 WALL MOUNT,AL WH W/ 1.5"NPS THREAD $100.33 $300.99 FOR FIXED DOME PENDANT KITS 3 5801-431 T94V01D PENDANT KIT FOR Q36-VE SERIES WITH $100.67 $302.01 1.5"NPS THREAD 2 5507-511 T941vIO2D COMPRISES A WEATHER SHIELD AND $113.65 $227.30 MOUNT ADAPTER FOR P3707-PE IP CAMERA 2 5504-821 T91D61 WALL MOUNT,AL WH W/ 1.5"NPS THREAD $100.33 $200.66 FOR FIXED DOME PENDANT KITS SOURCEWELL CONTRACT ITEMS-AFTER WARRANTY-EXEMPT FROM MAINTENANCE: 1 EVIP-01-8 SINGLE IP CAMERA LICENSE THIS PART CONSISTS $1,311.51 $1,311.51 OF QTY 08 SOFTWARE LICENSES 2000 710636PR 23-4P UTP-CMP SOL BC CAT6 2413 FEP/LSPVC $0.46 $920.00 VIOLET 1000FT BOXES Sourced OR"Open Market'°Goods 2 P3717 AXIS COMMUNICATIONS $1,406.54 $2,813.08 1 150-00135 EXACQ LFH CABLE WITH 8V 8A 1 SPOT MONITOR $164.59 $164.59 nI IT OPEN MARKET ITEMS-AFTER WARRANTY-EXEMPT FROM MAINTENANCE: 40 LOCAL CONDUIT $2.14 $85.60 1 Misc Miscellaneous Materials(EMT/Flex Box Fittings,Box $215.71 $215.71 Tampers,ETC.) SOURCIEWELL Installation Labor Installation Labor, Programming and Testing $8,440.38 Total' $18,362.53 CITYBB-CSC-CAMS-EST#1-4C0GM00 R1 SOURCEWELL Contract 031517-TIS DCJS#11-7575 12/19!2018 terns and conditions apply to this purchase. 2 of 2 Page 432 of 1207 Johnson Controls 9 1 5 4 U E 0 1 Proposal for City of Boynton Beach -Carolyn Sims Building 225 NW 12th Ave - Carolyn Sims Building Boynton Beach, FL 33425 12/13/2018 REVISION FOR ILLUSTRA CAMERAS AND AXIS CAMERAS This Johnson Controls Security Solutions LLC Proposal (the "Proposal") contains Johnson Controls proprietary and business confidential information and may not be shared with third parties without the priorwritten cons entof Johnson Controls.Johnson Controls'provision ofthe equipment, systems, and/or services described in this Proposal is expressly conditioned on Company's acceptance of the terms and conditions of the standard Johnson Controls Security Solutions "AGREEMENT" COMMERCIAL TERMS AND CONDITIONS. The system design and specified equipment are subject to final approval by your local fire department or other authority having jurisdiction. This Proposal is valid for a period of sixty(6 0)days from thea ove date and any deletions or additions to this Proposal may result in changes to the pricing and/or terms and conditions. Inquiries regarding this proposal may be directed to: Nathan Galin Johnson Controls Security Solutions Phone#: 561-207-3535 Cell Phone#: (612)226-9329 Email: nate.galin@jci.com @Johnson Controls 2018 - All Rights Reserved. Johnson Controls, the Johnson Controls logo are service/trademarks of Johnson Controls. All other product names and/or company names used herein may be protected as trademarks of their respective owners. JOHNSON CONTROLS CONFIDENTIAL AND PROPRIETARY BUSINESS INFORMATION Page 433 of 1207 City of Boynton Beach-Carolyn Sims Building 225 NW 12th Ave-Carolyn Sims Building � Johnson Boynton Beach,FL 33425 Controls Estimate Name: COBS--Cameras for Carolyn Sims Center DATE 12/13/2018 Dear Franklin Ireland: Thank you for allowing Johnson Controls Security Solutions LLC (Johnson Controls) the opportunity to provide City of Boynton Beach -Carolyn Sims Building with our proposal for COBB--Illustra and Axis Cameras for Carolyn Sims Center. As an industry leader, Johnson Controls' desire is to bring experience, industry insight and value to our customers by providing solutions that deliver lasting results while help keeping risk to a minimum. Your business is our business and helping to reduce your losses while improving operations means Johnson Controls is consistently evaluating your issues and needs. Johnson Controls provides integrated security solutions to businesses like yours throughout the world. In North America,Johnson Controls maintains over 200 full-service brick and mortar offices, staffed by more than 10,000 company-trained employees, including over 3,700 service personnel. With unparalleled presence across the U.S., Johnson Controls service and installation teams are specially trained and focused on our technology offerings. We are proud of our history, financial strength and depth and breadth of services we offer and I look forward to discussing our proposal with you and showing you why Johnson Controls is the premier leader in the electronic security industry. I offer you my personal commitment to help ensure Johnson Controls meets your business needs. Sincerely, Nathan Galin Commercial Business Solutions _- --- .-J SO..R-C-O T.R L -CURIT-Y .OLU-T14_ CONFiD NTI L..AN RR_OP-RIETA INFORMATION Page 2 of 8 ©JOHNSON CONTROLS 2018. ALL RIGHTS RESERVED. Page 434 of 1207 City of Boynton Beach-Carolyn Sims Building 225 NW 12th Ave-Carolyn Sims Building Johnson * Boynton Beach,FL 33425 Controls Estimate Name: COBS--Cameras for Carolyn Sims Center SCOPE OF WORK FOR City of Boynton Beach -Carolyn Sims Building This proposal presented by Johnson Controls is being provided at the request of City of Boynton Beach -Carolyn Sims Building to successfully meet the specifications of the COBB--Cameras for Carolyn Sims Center Project at the 225 NW 12th Ave -Carolyn Sims Building, , Boynton Beach, FL 33425 location. We propose to install and maintain a Video system which will consist of the following: Contact Information: Franklin Ireland (561)667-8270 irelandf@bbfl.us Wally Majors-561-742-6255 majorsw@bbfl.us Nathan Galin-612-226-9329 System Operation: Customer presently has an obsolete Intellex 16-channel analog DVR along with the Exacq LC Series NVR. which is interfaced through the IT room on the first floor recording the (6)existing IP Calor cameras located at the pool area. Installers will be connecting 8 analog cameras (maximum allowed on Exacq NVR) to the Exacq LC Series NVR which is presently monitoring the (6) IP Calor cameras at the pool. The Exacq LC Server will allow up to 8 analog and 16 IP Cameras..We will be adding a total of(8) Color IP Cameras as shown on the map. This will give the customer a total of 14 Color IP cameras along with the (8) color analog cameras and allow the ability to add (2) additional IP Color Cameras in the future on the same recorder. We will pull cable to the new IP camera locations in and around the Carolyn Sims building as laid out on attached drawing. We will also be running the cable from the new camera at the pool to the NVR in the Carolyn Sims building. 2- Outdoor 180 degree cameras located in the front of the building viewing the NE and SE parking area including entrances 3-amp domes to view South Stair Door, Play Area and to replace the analog camera at the Pool Recreation Area. 3- 1 mp domes to view the First and Second Floor lobbies and the counter at the pool 6 - Existing Color IP cameras at Pool Location to remain in place on the HDVR. 1-22" LCD Calor Monitor(1920x1080) 1 -8-Camera LC 150-00098 -Octopus Cable dongle for analog camera connection. ___aOHNSON_CONTROLS_SECURITY SOLUTIONSCONFIDENT iaN-P_ROPRIETARX__BUSINESS____ INFORMATION Page 3 of 8 0 JOHNSON CONTROLS 2018. ALL RIGHTS RESERVED Page 435 of 1207 " City of Boynton Beach-Carolyn Sims Building 225 NW 12th Ave-Carolyn Sims Building Johnson Boynton Beach,FL 33425 Controls Estimate Name: COBB--Cameras for Carolyn Sims Center Programming Info: JCI Tech will complete programming and set all cameras to"motion only" status. All cameras will be recording at 7fps and at the highest resolution therefore getting an optimum video on the NVR. Customer should get approximately 30 days of viewing before the latest recording replaces the earliest. Site Conditions: Stand-alone building Dropped ceilings and crawl spaces. Building is 90'x 75'- 2 floors common areas in the center and room and offices around perimeter. Plans attached. Existing Equipment: Installers will be leaving the Intellex 16 Channel Analog DVR with customer after connecting the existing 8 analog cameras to the Exacq LC Series NVR. All total will be 14 IP cameras with (6) existing analog cameras at the pool along with (8) new color IP cameras located in and around the Carolyn Sims building and will interface with New NVR. Installers will remove the analog camera at the pool reception area and will leave the existing Pan Tilt Zoom Cameras on the exterior wall for additional security exposure. Customer M-F Sam to Spm Expectations: Training Expectations: JCI Tech will train customer on all aspects of viewing and retrieving video and to burn CD for insurance or prosecution purposes General Comments: LICENSED ANALOG CAMERAS-8 Analog cameras LICENSED IP CAMERAS -6 IP Cameras-6 Used. Customer will be able total 24 cameras without needing any NVR upgrade. Customer Access to all areas as needed without delays.Any delays will be additional Responsibilities/Tycolabor charges. Exclusions: Network connection and IP address and 110v Outlet at equipment in front office for remote viewing. Documentation All documents will be left with customer. Needs: ----_--_—_.__J 1 NiS ._CO.NT L.S_S CLIR1T-Y SOLUT10 . _C _ _IDBNTIALAN :-_ _P_RISTA Y-B )N --=-=_ --- INFORMATION Page 4 of 8 ©JOHNSON CONTROLS 2018. ALL RIGHTS RESERVED. Page 436 of 1207 City of Boynton Beach-Carolyn Sims Building 225 NW 12th Ave-Carolyn Sims Building Johnson Boynton Beach,FL 33425 Controls Estimate Name: COBB--Cameras for Carolyn Sims Center BILL OF MATERIALS FOR City of Boynton Beach -Carolyn Sims Building COBB- Illustra Cameras for Carolyn Sims Center ILRA CAMERAS Closed Circuit Television PROVIDED ..N_ .......... Maintenance Quality Service Plan PROVIDED ............... ............... .............. ............ 78 Regular Labor -Res!#ar Labor ......---.---------- EVIP-01-9 SINGLE IF CAMERA LICENSE THIS PART CONSISTS OF OTY 09 SOFTWARE LICENSES ADLCD22MPB 22"LCD 1920x1080 FHD LED, HDMI,VGA,YIC,2xBNC IN w/Loop,Audio, F, I, Hard Glass Protect . ........... 1150-0011351ANIXTER INC. EXACQ LFH CABLE WITH 8V, At NVR DTL Cable SA,11 SPOT MONITOR OUT P37171ANIXTER INC. 1004923 AXIS Front of building outside to 2 COMMUNICATIONS view parking lot 01604-001 IES01CFACWSY ILLUSTRA ESSENTIALS 1MP Lobbies 1st and 2nd floors 3 MINI-DOME,3.6MM,INDOOR, NONVANDAL,CLEAR, WHITE,SDN, IFS03DIOCWIT ILLRA FLEX 3 ri et layout 3 MINI-DOME,2.8-12MM, OUTDOOR,VANDAL,CLEAR, WHITE,TDN W1IR, Mount,wall arm,for NV 3 LookOut,no plate, use w/ ADLOMA ............. 3 ADCI ill ra 6001610 Dome pendant cap Outdoor,white 5507-511 _f9_4M_02D—COMPRISES A '-M-6—unt"s—for P7 37-07 2 WEATHER SHIELD AND MOUNT ADAPTER FOR P3707-PE IP CAMERA 5504-821 T911361 WALL MOUNT,AL f6i"iii-7-07 2 WHI W/ 1.5"NPS THREAD FOR FIXED DOME PENDANT IT Labor Adjustiiiin-ii----'-kom—oi4'existing cameras Interface Pool cameras at IT and equipment room ........... J -A CHIN -ONTROLS SECURITY SOL IONS CONFIDER _N PROF IETARKSUSINES -LIT INFORMATION Page 5 of 8 @ JOHNSON CONTROLS 2018. ALL RIGHTS RESERVED. Page 437 of 1207 City of Boynton Beach-Carolyn Sims Building Johnson 225 NW 12th Ave-Carolyn Sims Buildin Beach,FL 33425 Controls Estimate Name: COBB--Cameras ortCarolyn Sims Center . ® so 1 Programming ProgrammingMML Programming and customer Conduit ^U -- Condu it tram,n Line Item Comment _ Conduit boxes and fift'n s.. 1 NO ESCALATION FOR THE!/ INITIAL DURATION OF THE " w One AGREEMENT year warrant as - y One year warranty as per re wired b state R .� a State Contract ��. ..,�.._ PAYMENT OPTIONS - ILLUSTRA IP CAMERAS Outri ht Sale O ti9 Provides your business with ownership of the electronic security equipment upon Installation Investment Package: p purchase. Total Monthly Payment Including Preferred Services: $ t7,2 .07 $ 9393.96/month -,JO NSQN_C NTROL EC RITY_S LUTLONS_CO [ TFA_L Np INFORMATION Page 8 of 8 0 JOHNSON CONTROLS 2018. ALL RIGHTS RESERVED. Page 438 of 1207 /r City of Boynton Beach-Carolyn Sims Building 225 NW 12th Ave-Carolyn Sims Building JohnsonBoynton Beach,FL 33425 Controls Estimate Name: COBB--Cameras for Carolyn Sims Center COBB -Axis Cameras for Carolyn Sims Center§ stem - ONES 1a e AXIS IP CAMERAS ClosedCircuit _Television I Ma - intenance uali a lee Flan PROVIDED �.. .... EVIP-01-8 SINGLEIP CAMERA ._....LI 1 THIS T CONSISTS SOFTWARECITY 08 CENSES L 22 _ "LCD 1 92 x1 Fx1 F , 1HDMI, ,Y/C,2xBNC IN w/Loop,Audio, I, Hard GlassProtect 1 1 -...__..1 1_. r _.'XTE__ . ..,. C IT.... TLC le --RINC 8A,1 SPOT MONITOR OUT _ " M3044-V LT - T .Lo—bbies1st an _ r 3 MINI-DOMECAMERA DUSTNR 1 7 6547-0-01 3 - Outdoor-Ready —Pe ri t r o t 3Vandal-Resistant, / i , Fixed i i era, 3MP1HDTV 1 1 T91 D61 WALL MOUNT,AC Mounis for pii–meter—cameras 3 WH / 1. THREAD FIXEDFOR KITS 5801-431 T94VOID PENDANT KITu for perimeter cameras 3 Q36-VE SERIES WITH 1.5" NPS THREAD 717/ I I 1 23 I .....i o f r___ . .. 2 COMMUNICATIONS view parkingres 01504-001 5507-511 T94MO2D COMPRISES o"n for 37172 WEATHER SHIELD MOUNT ADAPTER FOR 3 - IP CAMERA _._ T91D61 WALL MOUNT,AL _Mounts for 3717------- _ 2 WH / 1.5"NPS THREAD FIXEDFOR IT 1 Labor Adjustments move existing r Interface Po l cameras equipand o 1 Programming r r i i and customer— Itralnln9 40 Conduit Conduit Conduit boxes and fittings S.W-NFj-aE-NTIA.L-..AND-PROPRIETARY,BUSINESS-- INFORMATION Page 7 of 0 JOHNSON CONTROLS 2018. ALL RIGHTS RESERVED. Page 439 of 1207 City of Boynton Beach-Carolyn Sims Building 225 NW 12th Ave-Carolyn Sims Building Johnson Boynton Beach, FL 33425 Controls Estimate Name: COBB--Cameras for Carolyn Sims Center IN N 1; Line Item Comment NO ESCALATION FOR THEV I INITIAL DURATION OF THE AGREEMENT One year warranty as One year warranty as per I required by state State Contract PAYMENT OPTIONS — AXIS IP Cameras Outright.Sale 012tion Provides your business with ownership oft electronic security equipment upon purchase. Installation Investment Package: $ 18,362.53 Total Monthly Payment Including Preferred Services: $ 11 . / JOHNSON CONTROLS SECURITY SOLUTIONS CONFIDENTIAL AND-PROPRIETARY-BUSINESS-----, INFORMATION Page 8 of 8 0 JOHNSON CONTROLS 2018. ALL RIGHTS RESERVED. Page 440 of 1207 FORM gMgMENT,DC7 R E Y CONTRACT ACCEPTANCE AND AWARD T --- NmWndlabrPawenAW we y � 7'��pLACKAm�� (Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as Part of the RFP response.) NJPA Contract#: 1517-TIS Pro os 's full legal name:Tyco Integrated Security LLC Based on NJPA'sevaluation of your proposal,you have been awarded a contract.As an awarded vendor,y ou agree to provide the ro uc s and services ine In your proposal and to meet all of the terms an i conditions set forth In this RFP,In any amendments to this F ,and In any exceptions that are accepted by NJPA. f i The effective date of the Contract will be, f �. ,,o aptjvm,3% ,fn o later than the later of four years from the expiration date of the currently awarded contract or four years''from the date that the NJPA Chief Procurement Officer awards the Contract), This Contract may be extended for a fifth year at NJPA's discretion. INIF J 3 urea: I _ Jeremy Schwartz NJP RE TOR OF COOPE TIVE CONTRACTS (NAME PRINTED OR TYPED) AND PROCUREMENT/CPO SIGNATURE IChad Coauette NJPA EXECUTIVE DIRECTOR/ SIGNATURE (NAME PRINTED OR TYPED) i Awarded on June 29,2017 )NJPA Contract#031517-11S l Vendor Authorized Signatures: fThe Vendor hereby accepts this Contract award,including all accepted exceptions and amendments. Vendor Name Authorize S atory'sfi le 1 5"7"C f6 LC t Z---Z- VE OR AUT `RIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on T AJE A 20 17 NJPA Contract#031517-TIS � Page 441 of 1207 Johnson Controls Johnson Controls Security Solutions,LLC Contract#031517-TIS Sourcewell Parts Price Schedule---November 2018 Suoniir/Manufacturer . Model Number Item Deschtion Sourcewell " ie'11' rice TSP.AD 22in W LCD 1920x1080 FHD LED,HDMI,VGA,Y/C,2xBNC IN w/Loop,Audio,3D CF&DI TSP.AD ADLCD22PPSOB 22 inch W PVM LCD 19204080 FHD LED,Camera,VF2.8-10mm,1/31n PIXIM, $707.27 IR RC,Bla TSP.AD ADLCD22PPSOB711 711,22 inch W PVM,BK w/PS $2,121.88 TSP.AD ADLCD22PPSOW 22 inch W PVM LCD 1920x1080 FHD LED,Camera,VF2.8-10mm,1/3in PIXIM, $581.16 IR RC,Whi TSP.AD ADLCD22PPS2B 221N IP PVM W/2MP IP CAMERA,BLACK $1,270.65 TSP,AD ADLCD22PPS2W 221N IP PVM W/2MP IP CAMERA,WHITE $1,270.62 TSP.AD ADLCD22PPXSOB 22inch W PVM LCD 1920x1080 FHD LED,1.3MP Camera,VF 3.0-10mm,1/3in $845.37 SONY,IR RC, TSP.AD ADLCD24MPB 24inch W LCD 1920x1080 FHD LED,HDMI,DVI,VGA,Y/C,2-BNC IN $658.49 2/Loop,Audio,3D CF& TSP.AD ADLCD27PPSOB 27 inch W PVM LCD 19204080 FHD LED,Camera,VF2.8-10mm,1/3in PIXIM, $881.96 IR RC,Bla TSP.AD ADLCD27PPSOW 27 inch W PVM LCD 1920x1080 FHD LED,Camera,VF2.8-10mm,1/31n PIXIM, $960.07 IR RC,Whi TSP.AD ADLCD27PPSlB 27 INCH PVM W/CAM BLK, W/MMP,ALARM INPUT $975.22 TSP.AD ADLCD27PPSIW 27 INCH PVM W/CAM WHT,W/MMP,ALARM INPUT $975.22 TSP.AD ADLCD27PPS2B 271N IP PVM W/2MP IP CAMERA,BLACK $1,581.21 TSP.AD ADLCD27PP52W 271N IP PVM W/2MP IP CAMERA,WHITE $1,581.18 TSP.AD ADLCD27PPXSOB 27 inch W PVM LCD 1920x1080 FHD LED,1.3MP Camera,VF 3.0-10mm,1/3in $1,208.14 SONY,IR RC TSP.AD ADLCD27PPXSOW 27 inch W PVM LCD 1920x1080 FHD LED,1.3MP Camera,VF 3.0-10mm,1/3in $943.03 SONY,IR RC TSP.AD ADLCD32BAG 32 INCH ANTI-GLARE SCREEN COVER WITH BLACK BEZEL $179,89 TSP.AD ADLCD32MPB 32 inch W LCD 1920x1080 FHD LED,HDMI,DVI,VGA,Y/C,2-BNC IN $1,046.75 2/Loop,Audio,3D CF TSP.AD ADLCD32PPSOB 32 inch W PVM LCD 1920x1080 FHD LED,Camera,VF2.8-10mm,1/3in PIXIM, $1,107.77 IR RC,Bla TSP.AD ADLCD32PPSONB 32in HD PVM,1920X1080,2MP ANALOG HD CAMERA,BLACK $977.36 TSP.AD ADLCD32PPSOW 32 inch W PVM LCD 1920x1080 FHD LED,Camera,VF2.8-10mm,1/3in PIXIM, $1,107.77 IR RC,Whi TSP.AD ADLCD32PPS2B 321N IP PVM W/2MP IP CAMERA,BLACK $1,721.34 TSP.AD ADLCD32PPS2W 321N IP PVM W/2MP IP CAMERA,WHITE $1,721.31 TSP.AD ADLCD42MPB 42 inch W LCD 1920x1080 FHD LED,HDMI,DVI,VGA,Y/C,2-BNC IN $1,346.62 2/Loop,Audio,3D CF TSP.AD ADLCD55MPB 55 inch W LCD 19204080 FHD LED,HDMI,DVI,VGA,Y/C,2-BNC IN $2,595.51 2/Loop,Audio,3D CF TSP.AD ADLCDPVM7B 7IN PUBLIC VIEW MONITOR $240.51 TSP.AD ADLCDPVM7G 71N PUBLIC VIEW MONITOR,GREEN FRONT COVER $233.74 TSP.AD ADLOMARM Mount,wall arm,for NV LookOut,no plate,use w/ADLOMA $48.77 TSP.AD ADMC1366 Mount for camera,wall,7.5"(19 cm),adjustable,non-metallic-gray $14.13 TSP.AD ADMCAMODULEB Color camera module,480 TVL,1/4-inch,multi-mode inputs,black $418.46 TSP.AD ADMHCP100B-4 75/100MM VESA HARD CEILING POLE MOUNTS41NCH BLACK $87.50 TSP.AD ADMHCP100W-4 75/100MM VESA HARD CEILING POLE MOUNTS41NCH WHITE $87.50 TSP.AD ADMMPCLB Pale Clamp Black $21.36 TSP.AD ADMMPCLW Pole Clamp White $21.36 TSP.AD ADMMTLCDWL LCD mount,VESA compliant,wall,with lanyard $86,81 TSP.AD ADMMWT100B 75/100MM Vesa 3 Wall Mount Black $32.77 TSP.AD ADMMWT100W 75/100MM Vesa 3 Wall Mount White $32,77 JCSS PROPRIETARY DATA ENCLOSED Sourcewell Volume Incentive on Projects over$40,000: FOR GOVERNMENT USE ONLY Page 542 of 662 1%off of total Project Price Page 442'of 1267 Johnson Controls Johnson Controls Security Solutions,LLC Contract#031517-TIS Sourcewell Parts Price Schedule---November 2018 Sino leQ Manufacturer Model Number Item Descr ttion Sourcewell Sell Price' ANIXTER INC.AXIS 0787-001 Q1941-E 13MM OUT CAMERA,THERM WALL/CEILING MT,384X288 IP66-AND $3,343.20 IP67-RATED ANIXTER INC.AXIS 0788-001 Q1941-E 35MM OUT CAMERA,THERM WALL/CEILING MOUNT,384X288 $4,537.62 IP66-AND IP67-RAT ANIXTER INC.AXIS 0789-001 Q1941-E 60MM OUT CAMERA,THERM WALL/CEILING MOUNT,384X288 $6,329.26 IP66-AND IP67-RAT ANIXTER INC.AXIS 0798-001 F4005 DOME SENSOR UNIT,12M/39FT CABLE TO F SERIES MAIN UNIT $333.25 ANIXTER INC.AXIS 0799-004 Q6128-E PTZ DOME IP CAMERA,25 FTP @ 3840X2160,4K,12X,DN, DEFOG, $3,820.97 IP66 ANIXTER INC.AXIS 0801-001 Q3708-PVE FIXED DOME CAMERA 180-DEG MULTISENSOR VR IK10 3XQHD $2,261.11 15MP 4 3 ANIXTER INC.AXIS 2-dOAaA M3044-V ULTRA-COMPACT CAMERA MINI-DOME DUST/VR H264/JPEG $228.45 720P@30FPS WDR ANIXTER INC.AXIS 0803-004 M3044-WV DOME CAMERA $259.02 ANIXTER INC.AXIS 0804-001 M3045-V ULTRA-COMPACT CAMERA MINI-DOME DUST/VR H264/JPEG $308.82 1080P@30FPS WDR ANIXTER INC.AXIS 0804-06T-LC DESKTOP RECORDER,4 IP CAMERAS LIC.(16 MAX)AND 8 ANALOG AT 30 FPS $2,835.36 ANIXTER INC.AXIS 0805-004 M3045-WV DOME CAMERA $338.21 ANIXTER INC.AXIS 0806-001 M3046-V ULTRA-COMPACT CAMERA MINI-DOME DUST/VR H264/JPEG $423.62 4MP@30FPS WDR ANIXTER INC.AXIS 0808-001 M3047-P INDOOR FIXED MINI DOME 6 MP SENSOR FIXED LENS $530.49 ANIXTER INC.AXIS 0812-004 SMALL CUBE CAMERA,D/N,2.8MM/110 HFOV,IR/10M 33FT, MAX 1080P AT $261.65 30FPS ANIXTER INC.AXIS 0815-001 P3707-PE FLEXIBLE CAMERA MULTISENSOR 4X1080P 12.5/15FPS OR 4X720P $1,376.47 FULL FRAME ANIXTER INC.AXIS 0820-001 A9188 IP 1/0 RELAY MODULE $564.43 ANIXTER INC.AXIS 0821-001 A9161 IP 1/0 RELAY MODULE $284.50 ANIXTER INC.AXIS 0824-001 Q8741-LE 35MM 30FPS 24V PTZ OUT,HDTV 1080P IP66,THERMAL SENSOR $11,310.11 384X288 ANIXTER INC.AXIS 0828-001 Q8742-E 35MM 30 FPS PTZ CAMERA 24V,IP66,NEMA 4X 640X480 $14,703.48 RESOLUTION ANIXTER INC.AXIS 0831-001 A9188-VE NETWORK 1/0 RELAY MODULE $912.91 ANIXTER INC.AXIS 0832-004 COMPANION REC 8CH 2TB $700.21 ANIXTER INC.AXIS 0835-041 XF40-Q1765 CSA EXPLOSION 316L SS CAMERA,CERT.1410-15-00 OXALIS, $8,034.92 18X,D/N ANIXTER INC.AXIS 0835-051 XF40-Q1765-60C CSA EXPLOSION 316L CAMERA,CERT.1410-15-00 OXALIS, $8,723.73 18X,D/N ANIXTER INC.AXIS 0836-041 XP40-Q1765 CSA EXPLOSION 316L SS CAMERA,1410-25/2420-01 OXALIS, $20,089.00 18X,D/N ANIXTER INC.AXIS 0836-051 XP40-Q1765-60C CSA EXPLOSION 316L CAMERA,1410-25/2420-01 OXALIS, $21,237.02 18X,D/N ANIXTER INC.AXIS 0865-D01 M3104-L MINI DOME CAMERA,D/N COMPACT,INDOOR DN,BUILT-IN IR MAX $281.64 HDTV 720P WDR ANIXTER INC.AXIS 0866-001 M3104-LVE MINI DOME CAMERA,DN VANDAL-RESISTANT,OUTDOOR READY $338.21 IR,WDR,FIXED LENS ANIXTER INC.AXIS 0867-001 M3105-L MINI DOME CAMERA,DN VIDEO MOTION DETECTION,FIXED IR $360.83 ILLUMINATION,WD ANIXTER INC.AXIS 0868-001 M3105-LVE MINI DOME CAMERA,DN VANDAL-RESISTANT,OUTDOOR READY IR $417.38 ILLUMINATION+WD JCSS PROPRIETARY DATA ENCLOSED Sourcewell Volume Incentive on Projects over$40,000: FOR GOVERNMENT USE ONLY Page 127 of 662 1%off of total Project Price Page 443 of 1207 Johnson Controls Johnson Controls Security Solutions,LLC Contract#031517-TIS Sourcewell Parts Price Schedule--November 2018 'U-i@iers/.Manufactukrer Model Number Item Desvletion Sourcewell 'Sell Price ANIXTER INC.AXIS 0417-031 P7214 VIDEO ENC BARE BONE 4 CHANNEL,MAX 1D RESOLUTION H.264,POE $465.04 ANIXTER INC.AXI5 0418-001 P7224 VIDEO ENCODER BLADE 4 CHANNEL,H.264,FULL FRAME LOCAL $479.00 STORAGE,AUDIO ANIXTER INC.AXIS 0433-001 T92E20 OUTDOOR HOUSING OUTDOOR POE CAMERA HOUSING W/0 $392.97 ANIXTER INC.AXIS 0476-001 P3364-LVE 6MM FIXED CAMERA LIGHT-SENSITIVE,DAY/NIGHT IR $1,192.14 ILLUMINATOR ANIXTER INC.AXIS 0509-001 Q1765-LE OUTDOOR BULLET CAMERA1080P HDTV 18XZOOM D/N IR LED $1,671.03 2WAYAUDIO POE ANIXTER INC.AXIS 0516-001-TMBL M3004-V FIXED MINIDOME CAMERA HDTV 720P OR 1 MP RESOLUTION NO $268.83 MIDSPAN ANIXTER INC.AXIS 0518-004 Q7411 VIDEO ENCODER WITH H.264(MAIN AND BASE PROFILE) $465.04 ANIXTER INC.AXIS 0535-001 M3024-LVE COMPACT MINIDOME OUT/IN,H.264,720P POE MIDSPAN NOT $630.27 INCLUDED ANIXTER INC.AXIS 0536-001 M3025-VE COMPACT MINIDOME OUT/IN,H.264,1080P POE MIDSPAN NOT $655.75 INCLUDED ANIXTER INC.AXIS 0541-004 M7016 16-CH VIDEO ENCODER 30/25(NTSC/PAL)FPS,4X MICRO SD SLOT, $1,117.85 DUAL STREAM ANIXTER INC.AXIS 10547"" Y M3026-VE FIXED MINIDOME CAMERAIN/OUT FIXED MINI DOME 106DEG $ ,1g HDTV 1080P 3MP ANIXTER INC.AXIS 0548-001 M3037-PVE MINI DOME CAMERA D/N H.264/MJPEG SMP@12FPS POE $954.36 ANIXTER INC.AXIS 0548-001-FB M3037-PVE MINI DOME CAMERA D/N H.264/MJPEG SMP@12FPS POE $864.32 ANIXTER INC.AXIS 0556-001 M3027-PVE OUTDOOR READY 360 DEGREE CAMERA $863.37 ANIXTER INC.AXIS 0575-004 Q7920 VIDEO ENCODER CHASSIS 5U RACK MOUNT,14-HOT-SWAPPABL84- $3,104.36 INPUT ANIXTER INC.AXIS 0584-001 Q7436 6-CH VIDEO ENCODER BLADEBLADE,Dl AT 60/50 FPS $1,432.14 ANIXTER INC.AXIS 0584-021 Q7436 6-CH VIDEO ENCODER BLADE10 PACK 10-PACK $13,615.48 ANIXTER INC.AXIS 0586-001-TMBL P3365-V IP CAMERA,DN FIX DOME VF 3-9MM,1080P/2MP @30FPS,WDR 2- $926.53 WAY AUDIO ANIXTER INC.AXIS 0588-001 P5414-E NETWORK DOME CAMERA OUTDOOR D/N PTZ HDTV 720P 18X $1,909.92 zoom ANIXTER INC.AXIS 0589-001 P5415-E 60HZ PTZ CAMERA DIRECT DRIVE 1080P DIN 18X ZOOM $2,387.70 ANIXTER INC.AXIS 0590-001 M1145 FIXED NTWK CAMERA H264 HDTV 1080P 2MP 3-10.5MM 1/0 $596.03 SD/SDRC-SLOT ANIXTER INC.AXIS 0590-021 AXIS M1145 BULK 10-PACK $5,911.31 ANIXTER INC.AXIS 0591-001 M1145-L FIXED NTWK CAMERA H264 HDTV 1080P IR LED 2MP 3-10.5MM 1/0 $655.75 SD/SDRC-SLOT ANIXTER INC.AXIS 0600-001 Q1931-E 7MM THERMAL CAMERA BULLET MOTION JPEG 2-WAY AUDIOPOE $4,179.36 IP66 24VDC/AC ANIXTER INC.AXIS 0601-001 Q1931-E 13MM THERMAL CAMERA BULLET MOTION JPEG 2-WAY AUDIOPOE $4,179.36 IP66 24VDC/AC ANIXTER INC.AXIS 0602-001 Q1931-E 35MM THERMAL CAMERA BULLET MOTION JPEG 2-WAY AUDIOPOE $5,015.48 IP66 24VDC/AC ANIXTER INC.AXIS 0603-001 Q1931-E 60MM THERMAL CAMERA BULLET MOTION JPEG 2-WAYAUDIOPOE $7,404.37 IP66 24VDC/AC ANIXTER INC.AXIS 0625-001 P1427-LE COMPACT OUTDOR CAMERA D/N,READY HDTV,IP66-RATED $954.35 VARIFOCAL 2.8-9.8M ANIXTER INC.AXIS 0632-004 V5914 PTZ IP CAMERA,30X ZOOM,HDTV 720P,DAY/NIGHT $2,387.70 JCSS PROPRIETARY DATA ENCLOSED Sourcewell Volume Incentive on Projects over$40,000. FOR GOVERNMENT USE ONLY Page 124 of 662 196 off of total Project Price Page 444 of 1207 Johnson )404 Controls Johnson Controls Security Solutions,LLD Contract,#031517-TIS r Source well Parts Price Schedule--- SuorrJicT Nlai,�sacturea Model IYumr November 2015 item' sin tion ANIXTER INC.AXIS 5503-922 T94F01M 1-BOX/GANG BOX PLATE BRACKET FOR MOUNTING ON e° Sourcewell ANIXTER INC.AXIS OCTAGON BOX ell PN 5503-931 4 S 4" $36.98 ANIXTER INC.AXIS AXIS MIDSPAN DIN CLIP A 5503-941 M3006-V LENS M12 2.OMM 2. HFOV 105 DEGREE NCLUDING LENS TOOL ANIXTER INC.AXIS $25.03OMM 5503-951 $118.25 ANIXTER INC.AXIS CAB45 5 PCS LE GLAND 20X1.5 RJ45 SPCSM20 CABLE GLAND FOR RJ 5503-96Z $25.03 60 SMOKED DOME D SMOKED DOME COVER FOR AXIS ANIXTER INC.AXIS Q60XX-E/-C SERIES 95.15 5503-971 T91A27 POLE MOUNT 10PCS COMPATIBLE WITH ALL CAMERAS W/STANDARD $6.98 ANIXTER INC.AXIS TRIPOD ANIXTER INC.AXIS 5504-031-GOG AXIS M3004/05 SMOKED DOME SPCS $36 98 ANIXTER INC.AXIS 5504-041 5504-071 AXIS T94F01P CONDUIT BLACK BOX WHITE COVER SKINS COMPATIBLE WITH 3024/ 3025/M3026/M3027 $256.80 ANIXTER INC.AXIS 10PK $36.98 SSO4-531 T94BO15 MNT BRACKET BLACK 10PC FOR STANDARD TRIPOD THREADING $154.08 ANIXTER INC.AXIS TRIPOD THREADING ANIXTER INC.AXIS 5504-551 OPTIONAL LENS FOR 3025-VE,6MM INCLUDING FOCUS RING $61.64 ANIXTER INC.AXIS 5504-581-FB T91A47 POLE MOUNT 110-400 MM(4.3-15,7 IN) 5504-631 T91862 MOUNT,AL W,PARAPET FITS FIXED DOME PENDANT KITS, P55- $61.64 ANIXTER INC. IS SERIES,Q60 $86.94 ANIXTER INC.AXIS 5504-641 T91B63 CEILING MOUNT,AL H ® $225.75 5504-651 75CM 29.5°°FITS P55-SERIES,Q60 Q60XX-C MULTI-CON CABLE 12M,CBL BETWEEN Q60XX-CAND BOX, ANIXTER INC. IS 39FT. $142.14 ANIXTER INC.AXIS 5504-701-FB T91A47 POLE MOUNT 60-110 MM $297.42 ANIXTER INC.AXIS 5504-711 T94P01B CORNER BRACKET WHITE(2.4-4.3 IN) 5504-731 $78 42 Q603X-E OUTDOOR CAT6 ETHERNT CABLE.M66 RATED MALE PUSH PULL $94.36 ANIXTER INC.AXIS CONNECTOR ANIXTER INC.AXIS 5504-781 RACK SLIDES FOR IS 7920 $177.97 ANIXTER INC.AXIS 5504-791 SMOKED DOME FOR Q�4X-S CAMERAS ENCODER CHASSIS 5504-804 POWER SUPPLY MODULE 1 $82.42 ANIXTER INC.AXIS 1U ( }FOR USE WITH T8082 P557 CHASSIS 2 $94.36 � D41 791061 WALL MOUNT,AL WH W $1,193.25 ANIXTER INC.AXIS PENDANT KITS / 1.5"NPS THREAD FOR FIXED DOME 5504-844 ANIXTER INC.AXIS 19"RACK PWR SPPLY /CHASSIS FOR T8646,2X1 K MODULES,1 PW $3,582.14 $ 's DIST.BOARD 5504-864 POWER SUPPLY 500 FOR USE WITH AXIS T8646 POE+OVER COAX BLADE IN $,5 1.58 ANIXTER INC.AXIS A 1U R 5504-881 HEAVY DUTY WEATHERSHIELD FOR ANIXTER INC.AXIS DOME CAMERA WALL MT M30-VE AND P32-VE FIXED $1,551.58 5504-901 VF IR-CORRECTED P-IRIS TELE LENS FITS P1354/-E,P1355/-E Q1602/- $75.12 ANIXTER INC.AXIS E,Q1604/-E 5504-921 lOPK H PLASTIC ADAPTER FOR $321.31 ANIXTER PNC. IS R,P3915-R CURVED MOUNTING OFP3904-R, P3405- ANIXTER INC.AXIS 5504-931 CORRIDOR FORMAT BRACKET $36.98 ANIXTER INC.AXIS 5504-941 SUNSHIELD&WEATHER PROTECT FOR 5504-961 10 PK MP LENS 6 MM,F1.6 ETH M1Z THREAD,52 DE F!®V,R[R AXIS T93F HOUSING SEIESFILTE $49 70 $43.73 ANIXTER INC.AXIS ANIXTER INC. IS 5504-981 ANIXTER INC.AXIS 5504-991 SEMI SMOKED DOMES FOR AXIS P32-LV SERIES,5 PCS $237.69 EMI SMOKED DOMES FOR AXIS 5505-001 SEMI S POLE® P32-LVE SERIES,5 PCS $201.86 BRACKET FOR AXIS Q60-S,STAINLESS STEEL $201.86 JCSS PROPRIETARY DATA ENCLOSED FOR GOVERNMENT USE ONLY $177.97 Page 133 of 662 Sourcewell Volume Incentive on Projects over$40,000, 19a off®,/total Project Price Page 445 of 1207 Johnson Controls Johnson Controls Security Solutions,LLC Contract#031517-TIS Sourcewell Parts Price Schedule---November 2018 Supalier f fVlanufacturer Model Ndmber Jtem:pescrletian Sodreewell f0 riie ANIXTER INC.AXIS 5801-101 SPARE PART FRONT WINDOW FOR Q1765-LE $36.98 ANIXTER INC.AXIS 5801-131 A8004 JUNCTION BOX $82.42 ANIXTER INC.AXIS 5801-141 A9801 SECURITY RELAY $139.15 ANIXTER INC.AXIS 5801-151 P14 SERIES FRONT KIT STANDARD,AXIS P1405-E $35.14 ANIXTER INC.AXIS 5801-171 SPARE PART BASE UNIT FOR Q86-E 24 V AC. $1,376.47 ANIXTER INC.AXIS 5801-181 SPARE PART BASE UNIT FOR Q86-E 120 V AC. $1,376.47 ANIXTER INC.AXIS 5801-191 SPARE PART BASE UNIT FOR Q86-LE 24 V AC. $1,376.47 ANIXTER INC.AXIS 5801-201 SPARE PART WIPER BLADE FOR Q8665-E/-LE $70,85 ANIXTER INC.AXIS 5801-281 SPARE PART TOP HOUSING WITH GLASS WINDOW FOR Q8665-E/-LE $458.05 ANIXTER INC.AXIS 5801-291 SPARE PART TOP HOUSING WITH GERMANIUM WINDOW FOR Q8631-E/32-E $687.66 ANIXTER INC.AXIS 5801-311 SPARE PART SUNSHIELD FOR Q8631-E/32-E/65-E/65-LE $70.85 ANIXTER INC.AXIS 5801-321 KIT TO AXIS Q6000-E SOLO $220.34 ANIXTER INC.AXIS 5801-354 COMPANION SWITCH 4CH $110,86 ANIXTER INC.AXIS 5801-421 T94B02M J-BOX/GANG BOX PLATE $29,48 ANIXTER INC.AXIS T94V01D PENDANT KIT FOR Q36-VE SERIES WITH 1.S NPS THREAD ANIXTERINC.AXIS 5801-451 WEATHERSHIELD KIT Q36 SERIES $29.48 ANIXTER INC.AXIS 5801-461 STANDARD CLEAR DOME FOR F4005-E,5 PCS $90,70 ANIXTER INC.AXIS 5801-471 A8105-E CLEAR DOME $42.34 ANIXTER INC.AXIS 5801-491 STANDARD CS MOUNT LENS,VARIFOCAL P-IRIS 2.8-8.5MM, $179.85 ANIXTER INC.AXIS 5801-501 SMOKED DOME FOR AXIS Q36 SERIES $58.54 ANIXTER INC.AXIS 5801-511 CLEAR DOME FOR AXIS Q36 SERIES $58.54 ANIXTER INC.AXIS 5801-521 CLEAR DOME KIT FOR P3707-PE $111.99 ANIXTER INC.AXIS 5801-601 T94A02F CEILING BRACKET $40.80 ANIXTER INC.AXIS 5801-631 MOUNT BRACKET FOR COMPANION RECORDER $26.66 ANIXTER INC.AXIS 5801-641 T8061 ETHERNET SURGE PROTECTOR IP66 $111.99 ANIXTER INC.AXIS 5801-651 STANDARD LENS,VARIFOCAL 2.8-6MM,F2.0,M12 THREAD 5 PIECES $281.64 ANIXTER INC.AXIS 5801-661 STANDARD PINHOLE LENS,2.8-6MM,F2.0,M12 THREAD 10 PIECES $281.64 ANIXTER INC.AXIS 5801-701 T8008 PS24 24V DC POWER SUPPLY 250W WITH EXTENDED TEMPERATUR $451.32 ANIXTER INC.AXIS 5801-711 CHROMATED,POWDER COAT AL POLE-MT,1.5"NPS THREAD FOR DOME $95.97 PENDANT KIT ANIXTER INC.AXIS 5801-721 AXIS T911.61 WALL-&-POLE MOUNT FOR AXIS PTZ/MULTI SENSOR CAM 5801- $113.12 721 ANIXTER INC.AXIS 5801-741 CABLE 24 VDC/24-240 VAC 22M $225.10 ANIXTER INC.AXIS 5801-771 ACCESSORY M12 6MM LENS FOR AXIS Q6000-E MKII 5PCS $111.99 ANIXTER INC.AXIS 5801-781 ACCESSORY M12 16MM LENS FOR AXIS Q6000-E MKII 5PCS $111.99 ANIXTER INC.AXIS 5801-791 HARD COATED SCRATCH RESISTANT CLEAR DOME FOR AXIS Q6128-E $100.67 ANIXTER INC.AXIS 5801-841 M3044-V/45-V/46-V CL DOME 5 PC $113.11 ANIXTER INC.AXIS 5801-851 STANDARD WEATHER SHIELD FOR AXIS M2025/26 AND AXIS COMPANION $29.76 BULLET ANIXTER INC.AXIS 5801-861 T94B03L RECESSED MOUNT $81.95 ANIXTER INC.AXIS 5801-871 Q6128,CLEAR DOME,1 PIECE $75.50 ANIXTER INC.AXIS 5801-891 AXIS P14 FRONT KIT B FOR AXIS P1428-E/P143,INCL.FRONT RING,WINDW& $35.14 GASKET ANIXTER INC.AXIS 5801-921 LENS M12 2.8MM F2.0 10PCS $225.10 ANIXTER INC.AXIS 5801-931 EX POWER SUPPLY UL $8,225.26 ANIXTER INC.AXIS 5801-941 COMPANION CARD 64 GB-HIGH ENDURANCE MICROSDXC(TM)CARD $82.78 ANIXTER INC.AXIS 5801-951 SURVEILLANCE MICROSDXC CARD 64GB MICROSDXC CARD OPTIMIZED FOR $81.16 VIDEO SURVEILL JCSS PROPRIETARY DATA ENCLOSED Sourcewell Volume Incentive on Projects over$40,000: FOR GOVERNMENT USE ONLY Page 141 of 662 1%off of total Project Price Page 446 of 1207 Johnson Controls Johnson Controls Security Solutions,LLC Contract#031517-TIS Sourcewell Parts Price Schedule -November 2018 Su Tier' Manufacturer Model Number item Descristion Sourcewell � Sell Rrice ANIXTER INC.AXIS 5507-421 SMOKED DOME FOR AXIS M3044-V/45 V/46-V SM DOME 5 PCS $111.99 ANIXTER INC.AXIS 5507-431 BLACK ACCESSORY CASE,FOR AXIS M3044-V/45-V/46-V 5 PIECES $89.36 ANIXTER INC.AXIS 5507-441 VIEWING PROTECTOR,FOR AXIS M3044-V/45-V/46-V 5 PIECES $47.24 ANIXTER INC.AXIS 5507-451 T91D62 TELESCOPIC CEILING MNT INDOOR/OUTDOOR,EXPAND 1M-2M $228.45 ANIXTER INC.AXIS 5507-461 T91651 CEILING MOUNT INDOOR/OUTDOOR $136.62 ANIXTER INC.AXIS 5507481 T91652 EXTENSION PIPE 1000M $59.37 ANIXTER INC.AXIS 5507-491 T91652 EXTENSION PIPE 30CM $39.80 ANIXTER INC.AXIS 5507-501 T91D62 ADAPTER MOUNT BRACKET $70.85 ANIXTER INC.AXIS 81t, T94MO2D COMPRISES A WEATHER SHIELD AND MOUNT ADAPTER FOR $113,i5 P3707-PE IP CAMERA ANIXTER INC.AXIS 5507-641 AXIS T91H61 WALL MOUNT $199.96 ANIXTER INC.AXIS 5700-071 SPARE POWER SUPPLY FOR AXIS FOR Q7900(378438),1U 31OW,FRONT $393.14 ANIXTER INC.AXIS 5700-081 ELECTRONIC KITT95AOO $256.81 ANIXTER INC.AXIS 5700-091 ELECTRONIC KIT FOR T95A10 3 ELECTRONIC BOARDS INCLUDED $150.39 ANIXTER INC.AXIS 5700-111 HEATER/FAN KIT FOR T9510A 3 HEATERS AND FANS $118.30 ANIXTER INC.AXIS 5700-121 BUBBLE KIT CLEAR T95A,REPLCMTBUBBLE,INCLUDES ALUMINUM $150.39 RINGRUBBER GASKET SCREWS ANIXTER INC.AXIS 5700-141 SUNSHIELD KITT95A REPLACEMENT SUNSHIELD FOR AXIS T95A $73.62 ANIXTER INC.AXIS 5700-151 SCREW AND GLAND KIT T95A REPLACEMENT CABLE GLAND PLATE GLANDS $31.02 &SCREWS ANIXTER INC.AXIS 5700-161 CONN KIT AXIS Q7404 $$4.94 ANIXTER INC.AXIS 5700-221 POWER SUPPLY PS-V AXIS M10 SERIES SERIES.WHITE $49.72 ANIXTER INC.AXIS 5700-291 SPARE DOME CLEAR FOR AXIS 215-PTZ-E. INCL.MT RING,CLRBUB,GASKET, $118.30 4 SCRWS ANIXTER INC.AXIS 5700-311 DOME KIT FOR AXIS P33-V SERIESDOME KIT FOR AXIS P3343-V AND P3344-V $82.45 AS SPARE PRT ANIXTER INC.AXIS 5700-321 DOME KIT FOR AXIS P33 SERIES INCLUDES A CLEAR BUBBLE,MOUNTON A $36.99 PLASTIC DOME ANIXTER INC.AXIS 5700-331 NETWORK CABLE WITH GASKET SM SHIELDED OUTDOOR NETWORK CABLES $13.89 METER ANIXTER INC.AXIS 5700-341 DOME KIT4 AXIS P33-VE SERIES CLEAR BUBBLE,MOUNTED ON AN $82.45 ALUMINIUM DOME ANIXTER INC.AXIS 5700-371 SPARE CONN PUSH PULL PLUG IDC-8 IP67,SPARE RJ45 CONNECTOR Q603X-E $61.67 &P55XX-E ANIXTER INC.AXIS 5700-601 VARIFOCAL LENS 3-8 MM FOR AXISP1343 SERIES,DCARIS CS MOUNT $89.62 ANIXTER INC.AXIS 5700-611 LENS FOR P1344 ORIGINAL MEGAPXORIGINAL DCARIS MEGAPIXEL LENS FOR $233.01 P1344 ANIXTER INC.AXIS 5700-641 TOP COVER FOR AXIS M311X-R 10 BLACK TOP COVER 10 PCS. $297.54 ANIXTER INC.AXIS 5700-691 MOUNTING BRACKET AXIS P33XX-VEFOR WALL AND HARD CEILING $36.98 ANIXTER INC.AXIS 5700-711 M311X-R 2MM M12 LENS ORIGINAL LENS FOR AXIS M311X-RAS SPARE $94.36 PART ANIXTER INC.AXIS 5700-751 ORIGINAL CLEAR DOME FOR AXIS Q604X-S CAMERAS $82.42 ANIXTER INC.AXIS 5700-811 Q603X HD DOME KIT FOR AXIS Q603X 0 $106.35 ANIXTER INC.AXIS 5700-821 LENS CS 2.8MM LENS 2.88MM,F2.0,CS MOUNT MOUNT $61.67 ANIXTER INC.AXIS 5700-831 FRONT GLASS KITAXIS T92E20/21CONTENT:FRONT COVER,FRONT GLASS, $26.24 GASKET&SCRW ANIXTER INC.AXIS 5700-841 AXIS P33XX-VE BOTTOM CASING KIT $166.03 JCSS PROPRIETARY DATA ENCLOSED Sourcewell Volume lncentiveon Projects over$40,000., FOR GOVERNMENT USE ONLY Page 138 of 662 1%off of total Project Price Page 447 of 1207 t, JohnsonControls I• Johnson Controls Security Solutions,LLC Contract#031517-TIS Sourcewell Parts Price Schedule -November 2018 Suaolier I Manufacturer Model Number Item'Destrlistion Sourcewell Sell Price ANIXTER INC.AXIS 5503-921 T94FOlM J-BOX/GANG BOX PLATE BRACKET FOR MOUNTING ON 4"SQ 4" $36.98 OCTAGON BOX ANIXTER INC.AXIS 5503-931 AXIS MIDSPAN DIN CLIP A $25.03 ANIXTER INC.AXIS 5503-941 M3006-V LENS M12 2.OMM 2.OMM,HFOV 105 DEGREE NCLUDING LENS TOOL $118.25 ANIXTER INC.AXIS 5503-951 CABLE GLAND M20X1.5 RJ45 SPCSM20 CABLE GLAND FOR RJ45 5 FCS $25.03 ANIXTER INC.AXIS 5503-961 Q60 SMOKED DOME D SMOKED DOME COVER FOR AXIS Q60XX-E/-C $95.15 SERIES ANIXTER INC.AXIS 5503-971 T91A27 POLE MOUNT 1OPCS COMPATIBLE WITH ALL CAMERAS W/STANDARD $36.98 TRIPOD ANIXTER INC.AXIS 5504-031-GOG AXIS M3004/05 SMOKED DOME 5PCS $256.80 ANIXTER INC.AXIS 5504-041 AXIS T94FOlP CONDUIT BLACK BOX $36.98 ANIXTER INC.AXIS 5504-071 WHITE COVER SKINS COMPATIBLE WITH M3024/M3025/M3026/M3027 $154.08 10PK ANIXTER INC.AXIS 5504-531 T94B01S MNT BRACKET BLACK 1OPC FOR STANDARD TRIPOD THREADING $61.64 TRIPOD THREADING ANIXTER INC.AXIS 5504-551 OPTIONAL LENS FOR M3025-VE,6MM INCLUDING FOCUS RING $61.64 ANIXTER INC.AXIS 5504-581-FB T91A47 POLE MOUNT 110-400 MM(4.3-15.7 IN) $86.94 ANIXTER INC.AXIS 5504-631 T91B62 MOUNT,AL W,PARAPET FITS FIXED DOME PENDANT KITS, PSS- $225.75 SERIES,Q60 ANIXTER INC.AXIS 5504-641 T91B63 CEILING MOUNT,AL WH 75CM/29.5"FITS P55-SERIES,Q60 $142.14 ANIXTER INC.AXIS 5504-651 Q60XX-C MULTI-CON CABLE 12M,CBL BETWEEN Q60XX-CAND BOX, $297.42 39FT. ANIXTER INC.AXIS 5504-701-FB T91A47 POLE MOUNT 60-110 MM(2.4-4.3 IN) $78.42 ANIXTER INC.AXIS 5504-711 T94P01B CORNER BRACKET WHITE $94.36 ANIXTER INC.AXIS 5504-731 Q603X-E OUTDOOR CAT6 ETHERNT CABLE.IP66 RATED MALE PUSH PULL $177.97 CONNECTOR ANIXTER INC.AXIS 5504-781 RACK SLIDES FOR AXIS Q7920 VIDEO ENCODER CHASSIS $82.42 ANIXTER INC.AXIS 5504-791 SMOKED DOME FOR Q604X-5 CAMERAS $94.36 ANIXTER INC.AXIS 5504-804 POWER SUPPLY MODULE(1KW)FOR USE WITH T8082 PS57 CHASSIS 2KW $1,193.25 1U ANIXTER INC.AXIS 9404421 T91D61 WALL MOUNT,AL WH W/ 1.5"NPS THREAD FOR FIXED DOME $100ad ,, PEN DANT KITS ANIXTER INC.AXIS 5504-844 19"RACK PWR SPPLY W/CHASSIS FOR T8646,2X1 KW MODULES,1 PWR $3,582.14 DIST.BOARD ANIXTER INC.AXIS 5504-864 POWER SUPPLY 50OW FOR USE WITH AXIS T8646 POE+OVER COAX BLADE IN $1,551.58 AlUR ANIXTER INC.AXIS 5504-881 HEAVY DUTY WEATHERSHIELD FOR WALL MT M30-VE AND P32-VE FIXED $75.12 DOME CAMERA ANIXTER INC.AXIS 5504-901 VF IR-CORRECTED P-IRIS TELE LENS FITS P1354/-E,P1355/-E Q1602/- $321.31 E,Q1604/-E ANIXTER INC.AXIS 5504-921 1OPK WH PLASTIC ADAPTER FOR CURVED MOUNTING OF P3904-R, P3905- $36.98 R,P3915-R ANIXTER INC.AXIS 5504-931 CORRIDOR FORMAT BRACKET $49.70 ANIXTER INC.AXIS 5504-941 SUNSHIELD&WEATHER PROTECT FOR AXIS T93F HOUSING SERIES $43.73 ANIXTER INC.AXIS 5504-961 10 PK MP LENS 6 MM,F1.6 WITH M12 THREAD,52-DEG H-FOV,IR FILTER $237.69 ANIXTER INC.AXIS 5504-981 SEMI SMOKED DOMES FOR AXIS P32-LV SERIES,5 PCS $201.86 ANIXTER INC.AXIS 5504-991 SEMI SMOKED DOMES FOR AXIS P32-LVE SERIES,5 PCS $201.86 ANIXTER INC.AXIS 5505-001 T91067 POLE BRACKET FOR AXIS Q60-5,STAINLESS STEEL $177.97 JOSS PROPRIETARY DATA ENCLOSED Sourcewell Volume Incentive on Projects over$40,000: FOR GOVERNMENT USE ONLY Page 133 of 662 1%off of total Project Price Page 448 of 1207 Johnson Controls Johnson Controls Security Solutions,LLC Contract 4 031517-TIS Sourcewell Parts Price Schedule---November 2018 Surtiier Maeufacturer. Model Number ItemDescription Sourcewell' Seil Price ANIXTER INC.EXACQ EVIP-01-25 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 25 SOFTWARE $4,098.53 LICENSES ANIXTER INC.EXACQ EVIP-01-26 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 26 SOFTWARE $4,262.39 LICENSES ANIXTER INC.EXACQ EVIP-01-27 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 27 SOFTWARE $4,426.41 LICENSES ANIXTER INC.EXACQ EVIP-01-28 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 28 SOFTWARE $4,590.27 LICENSES ANIXTER INC.EXACQ EVIP-01-29 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 29 SOFTWARE $4,754.28 LICENSES ANIXTER INC.EXACQ EVIP-01-3 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 03 SOFTWARE $491.89 LICENSES ANIXTER INC.EXACQ EVIP-01-30 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 30 SOFTWARE $4,918.29 LICENSES ANIXTER INC.EXACQ EVIP-01-32 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 32 SOFTWARE $5,246.17 LICENSES ANIXTER INC.EXACQ EVIP-01-4 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 04 SOFTWARE $655.75 LICENSES ANIXTER INC.EXACQ EVIP-01-5 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 05 SOFTWARE $819.77 LICENSES ANIXTER INC.EXACQ EVIP-01-6 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 06 SOFTWARE $983.63 LICENSES ANIXTER INC.EXACQ EVIP-01-7 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 07 SOFTWARE $1,147.64 LICENSES ANIXTER INC.EXACQ b f mtw8" SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 08 SOFTWARExi31 .51 LICENSES ANIXTER INC.EXACQ EVIP-01-9 SINGLE IP CAMERA LICENSE THIS PART CONSISTS OF QTY 09 SOFTWARE $1,475.52 LICENSES ANIXTER INC.EXACQ EVIP-01-PROMO SINGLE IP CAMERA LICENSE REG#t009379 $83.61 ANIXTER INC.EXACQ EVIP-EVENIP LICENSE TO UPGRADE ONE PRO TO 1 ENTERPRISE IP SERVER LICENSE $81.86 ANIXTER INC.EXACQ EVIP-TRANSFER SERVER LICENSE TRANSFER FEE NEW MACADDRESS $138.12 ANIXTER INC.EXACQ IP04-02T-DT NVR,64 CHAN,2 TB,DESKTOP $2,677.88 ANIXTER INC.EXACQ I1`04-02T-DT-E NVR,64 CHAN,2 TB,DESKTOP ENTERPRISE LEVEL $2,656.80 ANIXTER INC.EXACQ IP04-02T-DTL NVR,64 CHAN,2 TB,DESKTOP $2,677.88 ANIXTER INC.EXACQ IP04-02T-DTL-E NVR,64 CHAN,2 TB,DESKTOP ENTERPRISE LEVEL $2,656.80 ANIXTER INC.EXACQ IP04-02T-ELP IP 1.5U RECORDER,4 IP LIC (24 MAX).LINUX 12.04/SSD(2 MAX $2,578.03 SIMULTANEOUS) ANIXTER INC.EXACQ IP04-02T-ELP-E IP 1.5U ENT RECORD,4 IP LIC (24 MAX).LINUX 12.04/SSD(2 MAX $2,554.61 SIMULTANEOUS) ANIXTER INC.EXACQ IP04-02T-ELPR IP 1.51.1 RECORDER,41P LTC (24 MAX),REMOVABLE DRIVES. LINUX 12.04 $2,687.64 ON SSD ANIXTER INC.EXACQ IP04-02T-ELPR-E IP 1.5U ENT RECORD,4 IP LIC (24 MAX),REMOVABLE DRIVES. LINUX 12.04 $2,681.11 ON SSD ANIXTER INC.EXACQ IP04-02T-LC DESKTOP RECORDER,4 IP CAMERAS LIC.(16 MAX),EXACQ VISION START $1,506.45 CLIENT ANIXTER INC.EXACQ IP04-02T-R2A NVR,64 CHAN,2 TB,RACK $3,193.49 ANIXTER INC.EXACQ IP04-02T-R2A-E NVR,64 CHAN,2 TB,RACK ENTERPRISE LEVEL $3,167.72 ANIXTER INC.EXACQ IP04-02T-R2AL NVR,64 CHAN,2 TB,RACK $3,193.49 ANIXTER INC.EXACQ IP04-02T-R2AL-E NVR,64 CHAN,2 TB,RACK ENTERPRISE LEVEL $3,167.72 ANIXTER INC.EXACQ IP04-04T-DT NVR,64 CHAN,4 TB,DESKTOP $3,193.49 ANIXTER INC.EXACQ IP04-04T-DT-E NVR,64 CHAN,4 TB,DESKTOP ENTERPRISE LEVEL $3,167.72 JCSS PROPRIETARY DATA ENCLOSED Sourcewell Volume Incentive on Projects over$40,000: FOR GOVERNMENT USE ONLY Page 177 of 662 1%off of total Project Price Page 449 of 1207 Johnson 001 Controls n Johnson Controls Security Solutions,LLC Contract#031517-TIS Sorceell Parts Price Schedule---November 2018 % lier'.Manufacturer Model Number Item J?esc k"n lclrcPw ANIXTER INC.WIRE 710536EBLM 24-4P UTP-CMP SOL BC CATSE FRPO/FEP/FRLSPVC BLUE 1000FT RIX $0.32 NONBONDED-PAIR ANIXTER INC.WIRE 710536EM 24-4P UTP-CMP SOL BC CATSE FRPO/FEP/FRLSPVC GRAY 1000FT RLX $0.30 NONBONDED-PAIR ANIXTER INC.WIRE 710536EOR 24-4P UTP-CMP SOL BC CAT5E FRPO/FEP/FRLSPVC ORANGE 1000FTRLX $0.29 NONBONDED-PAIR ANIXTER INC.WIRE 710536E A 24-4P UTP-CMP SOL BCCATSE FRPO/FEP/FRLSPVC WHITE 50OFT BOX $0.30 NONBONDED-PAIR ANIXTER INC.WIRE 710536E M 24-4P UTP-CMP SOL BC CATSE FRPO/FEP/FRLSPVC WHITE 1000FT RLX $0.32 NONBONDED-PAIR ANIXTER INC.WIRE 710536EY 24-4P UTP-CMP SOL BC CATSE FRPO/FEP/FRLSPVC YELLOW 1000FTRLX $0.27 NONBONDED-PAIR ANIXTER INC.WIRE 71054315GY CBL ASSY MOD D/E 24-4PR STRANDED CATSE A/B 14FT GRAY $10.48 ANIXTER INC.WIRE 71054425RD CBL ASSY MOD D/E 24-4PR STRANDED CATSE A/B 25FT RED $15.74 ANIXTER INC.WIRE 71054SEA 24-4P UTP-CMR SOL BC CATSE PO/PVC GRAY SOOFT BOXES NONBONDED- $0.16 PAIR ANIXTER INC.WIRE 71054BEDB 24-413 UTP OUTSIDE PLANT CABLE SOL BC PO GEL PVC JKT CAT SE $0.22 NONBONDED PR CMR/CMX ANIXTER INC.WIRE 710548EGN 24-4P UTP-CMR SOL BC CATSE PO/PVC GREEN 1000FT RLX NONBONDED- $0.16 PAIR ANIXTER INC.WIRE 71054SEM 24-41)UTP-CMR SOL BC CATSE PO/PVC GRAY 100OFT BOXES NONBONDED- $0.17 PAIR ANIXTER INC.WIRE 710548E A 24-4P UTP-CMR SOL SC CATSE PO/PVC WHITE 500FT BOXES NONBONDED- $0.17 PAIR ANIXTER INC.WIRE 710548E M 24-4P UTP-CMR SOL BC CAT5E PO/PVC WHITE 1000FT RLX NONBONDED- $0.17 PAIR ANIXTER INC.WIRE 710548E 24-4P UTP-CMR SOL BC CATSE PO/PVC YELLOW 1000FT RLX NONBONDED- $0.16 PAIR ANIXTER INC.WIRE 7106368K03 CBL ASSY MOD D/E 24-4PR STRANDED CAT6 568A/B 3 FT BLACK $8.62 ANIXTER INC.WIRE 710636BL 23-4P UTP-CMP SOL BC CAT6 FRPO/FEP/FRLSPVC BLUE 1000FT BOXES $0.47 ANIXTER INC. IRE 710636BL03 CBL ASSY MOD D/E 24-4PR STRANDED CATS 568A/B 3FT BLUE W/BOOTS $8.62 ANIXTER INC.WIRE / JL,, 23-4P UTP-CMP SOL BC CATIS 2413 FEP/LSPVC VIOLET 1000FT BOXES ANIXTER INC.WIRE 710636WH 23-4P UTP-CMP SOL BC CAT6 2413 FEP/LSPVC WHITE 1000FT BOXES $0.47 ANIXTER INC.WIRE 710636YW 23-4P UTP-CMP SOL BC CAT6 2413 FEP/LSPVC YELLOW 1000FT BOXES $0.46 ANIXTER INC,WiRE 710648DB 23-4P STP-CMX SOL BC CAT6E HDPE/PE BLACK JKT DIR BUR 1000'RL $0.48 ANIXTER INC.WIRE 71064 PR 23-4P UTP-CMR SOL BC CATS 2412 PE/PVC VIO 1000'BOXES $0.22 ANIXTER INC.WIRE 71536100BL CATSE PATCH CORD PLENUM RJ45 TO RJ45 BLUE 100'COIL $57.46 ANIXTER INC.WIRE 7153650BL CATSE PATCH CORD PLENUM R145 TO RJ45 BLUE 50'COIL $31.56 ANIXTER INC.WIRE 71548100BL CAT5E PATCH CORD RJ45 TO RJ45 BLUE 100'COIL $45.26 ANIXTER INC.WIRE 7154850BL CAT5E PATCH CORD RJ45 TO RJ45 BLUE 50'COIL $24.01 ANIXTER INC.WIRE 740038P 16-1P+19-1P SOL BC LSPVC LSPVC JKT VIO 500'RLSPL PRT CMP/FPLP 300V $0.32 60C ANIXTER INC.WIRE 740044A 18-2C STIR BC FRPVC FOIL SHD FRPVC 1KT GRN CMP/FPLP 75C 1000'BOX $0.19 ANIXTER INC.WIRE 740045A 18-2C STIR BC FRPVC FOIL SHD FRPVC JKT OG CMP/FPLP 75C 1000°BOX $0.19 ANIXTER INC.WIRE 740049A 18-4C STR BC FRPVC FOIL SHD FRPVC JKT GRY CMP/FPLP 75C SPL CC 1000' $0.35 REEL JCSS PROPRIETARY DATA ENCLOSED Sourcewell Volume Incentive on Projects over$40,000: FOR GOVERNMENT USE ONLY Page 210 of 662 1%Off of total Project Price Page 450 of 1207 B Johnson Ok Controls a . Johnson Controls Security Solutions,LLC Sourcewell Contract#031517-TIS Sourcewell Price Schedule---NOV 2018 Sourcewell Labor Rates bv Market T e `*Rates do not include DBA,PWR,or Union Wages Market T 'e ftft:A Market T 'e Re ion:B. Market Type LRpAlon :C Market Ty-pe(Realon):D $9054 $97.75 - �sz' r�s $115.43 ALBANY,NY SCRANTON,PA SPRINGFIELD,VA BOSTON,MA BIRMINGHAM,AL _ ALLENTOWN,PA LANHAM,MD HARTFORD,CT BUFFALO,NY AKRON,OH ATLANTA,GA OKLAHOMA CITY,OK CHARLESTON,SC ALBUOUERQUE,NM BALTIMORE,MD-SOUTH PORTLAND,OR CHATTANOOGA,TN CHARLOTTE,NC BATON ROUGE,LA PLEASANTON,CA EVANSVILLE,IN _ CINCINNATI,OH SOUTHERN NJ - SPOKANE,WA INDIANAPOLIS,IN CLEVELAND,OH COLUMBUS,OH SPRINGFIELD,MA JACKSONVILLE,FL DALLAS,TX WEST EL PASO,TX WORCESTER,MA KNOXVILLE,TN DAYTON,OH KANSAS CITY,MO FORT WAYNE,IN CHARLESTON,W.VA DETROIT,MI LONG ISLAND,NY SEATTLE,WA MEMPHIS,TIN FT WORTH,TX MANHATTAN-COMM.,NY BOISE,ID MILWAUKEE,WI GRAND RAPIDS,MI NORFOLK,VA SALISBURY MD SB YORK,PA _ HOUSTON,TX-SOUTH SAVANNAH,GA EUGENE,OR NASHVILLE,TN NORTHERN NJ SOUTHERN NYS _MISSOULA,MT NEW ORLEANS,LA LANSING MI W PALM BEACH,FL HAWAII OMAHA,NE LOS ANGELES,CA - BQSI,NY-COMM GAITHERSBURG.MD PEORIA,IL _- _ ROANOKE,VA CENTRAL NJ PROVIDENCE.RI PH3LADELPHIA,PA VINNEAPOLIS,MN -_-- CHICAGO SOUTH TULSA,OK PORTLAND,ME MANCHESTER NH_ CENTRAL CHICAGO ROCHESTER,NY AUSTIN,TX _ RICHMOND VA ..............._..-.-_. ROCKFORD,IL PITTSBURGH,PA SAN DIEGO,CA SALT LAKE CITY,UT SAN ANTONIO,TX RIVERSIDE,CA SOUTH BEND,IN TOLEDO,OH MONTGOMERY,AL ST LOUIS,MO NEW CASTLE,DE - CRESTVIEW,FL SYRACUSE,NY YOUNGSTOWN,OH CHICAGO NORTH TERRE HAUTE,IN ERIE,PA ATLANTA SOUTH LITTLE ROCK,AR MIAMI,FL ALASKA DENVER,CO SAN FERNANDO,CA NORTHERN MISSISSIPPI WINSTON SALEM,NC ANAHEIM,CA MOBILE,AL SACRAMENTO,CA ORLANDO,FL LAFAYETTE,LA ROCK ISLAND,IL TAMPA,FL CENTRAL MID-ATLANTIC-EAST - RENO/SPARKS,NV GREENVILLE,SC N.VIRGINIA COLUMBIA,SC MACON,GA RALEIGH,NC COLUMBUS,GA MYRTLE BEACH,SC__. ASHEVILLE,NC BAYAMON,PUERTO RICO FT.LAUDERDALE,FL _ KINGSPORT,TN ALTOONA,PA FAYETTEVILLE,AR FLINT,MI HUNTSVILLE,AL MID-ATLANTIC GOVERNMENT OCALA,FL _ FT.MYERS,FL WILMINGTON,NC LOUISVILLE,KY SOUTHERN COLORADO LEXINGTON,KY WEST TEXAS WILLIAMSPORT,PA SHREVEPORT,LA TALLAHASSEE,FL FRESNO,CA BAKERSFIELD,CA LAS VEGAS,NV PHOENIX,AZ MENASHA,WI _ MADISON,WI DES MOINES,IA 1CSS PROPRIETARY DATA ENCLOSED,FOR GOVERNMENT USE ONLY Page 1 of 1 o c Page 451 of 1207 PURCHASE ORDER CITY OF BOYNTONEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX p O #: 190630 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 12/31/18 VENDOR 16960 SHIP TO: TO: A-1 AIR SOLUTIONS, LLC City of Boynton Beach 849 SW 20TH AVENUE PUBLIC WORKS DEPARTMENT OKEECHOBEE, FL 34974 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72767 ORDERING DEPARTMENT: FAC/GAIL DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 17800.00 EA DISPOSE OF OLD UNIT AND REPLACE 1.0000 17800.00 WITH NEW UNIT * RAS15OLOCAOAAT 1 * CRTWOPOS011AQO ! * CRHEATER113800..1: :.::r * REMOVE AND DISPQSE OF 50HC D14A2A5AOAQAO ` * INSTALL NEW 'RAS 15OLOCA- Q T * REUS 'EXTSTING DRAIN LINE:,. :DUCK WORK AND . ELEC'I`RTC'AL * COMPANY_WILL PROVTDE ,.THE CRANE:.:. Pok, REMOVAL OF QLD EQUIPMENT * REUSE EXISTING ': SMOKE :C?ETECTORS; .:. ', CUSTOMER .. RESPONSIBLE FOk CONNECTION OF FIRE ALARM * hEAD 2-TO ,3 DAYS ' * WARRANTY: 90 DAY LABOR, 5 'YEARS COMPRESSORS, 1 YEAR ON PART REMARKS: REPLACE EXISTING RTU-2 UNIT ON ROOF (9: 2045 HIGH RIDGE RD: PROCUREMENT SERVICES: 3® P.O. TOTAL: 17800.00 ACCOUNT NO. PROJECT 303-4101-580.64-18 GG1004 PURCHASING Page 452 of 1207 0c) CO � r•I 1 I I n o WI I I o H Pa I U U 2i I H H z I I H I Eo O I I U P4 1 n O O E E1 I aWOU I Oo O vicEng 00 co >+ O I OWz 1 14 z Hao a y a� Oi H v)zW a oz PQ Ix q HDU] I dHW W U H W O I 1 I Pa E z4aM Q I a I laomm i I OLp01(n a I I Qm Lo Ln x z W 1Ol Ln QE 1 o O 1 > I o U Z u) I o o 1 I uw O a WO1 I O N a EU 1 OO I I O x I o O G, W 1 cc QI I I 0 rn I n n I H H a O I W Id m O A EE I o a 000 z n E O HHU7 I O 000 U np• �" N HOU i O Pto H000 i O W n W H E E oro ?+ O F� I H oOIM 1 E 11 d O Ni H I O H r,r co i > 0 H r� i F 0 i s; � a V) P4' O m a s w z o � 10 . 0 U $4 E z aH w O I W or I Q I WON z 5E H � 1 W I z w ho0 W z §cn 1 P4 I W I Or-4 N C4 OO H >I 1 0 5 P4 H a>4 EI o ao p E a W H I Q H U H ,a x E I O I w I EQ 4 w o o E w H U Q I m I U I x �) E� z � I n W E E W Wa > o' i ri i W i z z Ply Q W I I (n I H W W I I U1 c IaC cn z v) W H O H til a x 00 W O IU Z U E vi L9 E v1 I O P: R' I H ix I U E H a M P4 w o Q FOC w m I z U2 W FC W O W I H H x w 0 P; �9 o zz wa a E 94 S O U U EW I W I H N w w X I Qz OH rU� q Q O� W H UE - u UoL7w I W W I W o�z W Ez HQ I HOU x a' LnOH wo7W I x a I ry a Q H PY O a I U P4 O I Q wU wWE Oo Ha I � Ia-I 3 OOH x Q W FC H2 1 U WO� H o QE H H.-I,4HOHn 0 �Ow>i U W 1 Nm Pu u>,4 UU I N FC Q E O O u] C4 W 0 9Q ri w a 400H�z zrXM IX •• �r I q gmn H a HO O HU I w I aoHm 3E aEEwco o� r.�r� I o >+ z OFCHrinwm Hzcn E I m W O z 1 UOrAPH 3WHW0 -,p •• •. I In H O I w0mPd N8 E>gaE>+ >+Q Er-I z E H I 0a0w awr�>+NWM PNPO 00 O E I 0 WI.� CS H H N H Z I r♦ H a I wLn0r�`✓I�WH 7Wm 2Qz Oar E O H I cgr-l3WWOHMC4 ClcnzQ 000 Uc� H a P4' I Oa2EpgzcApEZWOO 9 :E:U UO U) U I a aaWzwUO WaW� "L PQ I ACM H O m I m UU a'HfL'WUga'UIaS OQ I O E w l H a s W W U w I W a 44 H W W PC Zw' I z co HPO I H 4z I a Page 453 of 1207 CITY OF BOYNTONTEEACH REQUEST FOR PURCHASE OVER, $I0t000 Date: Requesting Department: PPr �/C r�G�,-�C �Contct Person:. 4�giz &r� Explanation for Purchase: e e -e,41 X779 Z a q a4 -7el-o f. Recommended-Vendor .- ,.� Dollar Amount of Purchase Source for Purchase (check and attach acu Three Written Quotations p materials): GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Emergency Purchase Budgeted Item Contract Number: Other NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: �01AI - Approvals: Department Head Date Purchasing Agent - Asst City Manager Date « � City Manager Date Form Revised 02101/02 Page 454 of 1207 A-1 Air Solutions, LLC Business Number:CAC1819092 849sw 20th av Okeechobee, FL,34974 P:8886382801 M:8636236203 alairsolutionsokee@gmail.com Oct.24,2018 Proposal for unit at 2045 High Ridge Road RTU2 Boyton Beach 3 RAS150LOCAOAAT 1 ICP PACK AC R410A 12.5T 460V 3PH MS CRTWOPOS011ADO 1 ICP MOROTIXED DAMPER2 POS CRHEATER113BOD 1 ICP HEATER KT 16.5 KW 460V SCOPE OF WORK TO BE PERFORM: *Remove and dispose of 50HC-D14A2A6AOAOAO *Install new RAS15OLOCAOAAT ICP PACK AC R410A 12.5T 460V 3P MS *Reuse existing drain line,duct work and electrical *We will provide crane for removal of old equipment *Reuse existing smoke detectors,COSTUMER responsible for connection of fire alarm * Lead 2 to 3 days ANY OTHER WORK BEYOND ABOVE STATED MIGHT BE SUBJECT TO AN EXTRA FEE. Warranty:90 days labor,5 years compressors, 1 year on parts. TOTAL: $17,800 Page 455 of 1207 m PRECISION Air Systems, Inc. 11101 South Crown Way•Suite 2•Wellington,FL 33414 Phone(561)791-3980*Fax(561)795-1693 December 5,2018 City of Boynton Beach 145 SE 2nd Ave. Boynton Beach, FL 33435 RE. Proosal to Re rdace 12.5 Ton Packa=e Unit RTI-2 Location. Temp Police Dgtrartment—2045 High Ride Rd, Bojwton Beach, FL 33436 Per your request,I am pleased to submit the following price for your consideration. PROPOSAL Precision Air Systems, Inc.will furnish all materials and labor to perform the following service(s): • Disconnect existing unit • Remove and properly dispose of existing package unit Provide and install new unit to match existing • Includes crane services • Make all necessary connections • Start and check system operation • Clean work area Total Price: $17,997.00 Exclusions: Controls,fire alarm work,permitting, and engineering Note:Equipment has 4-6 week lead time This price is based on all work being performed during regular working hours of Monday through Friday from 8:00 am-4:30 p.m. This price is good for 30 days. Sincerely, - -- --____--------- Approved Sean Adams Service Manager Date PO# Page 456 of 1207 i HVAC PROPOSAL 2001 Seventh Avenue North Lake Worth, Florida 33461 Boo State License No. (561) 582-3589 ` (561) 582-3602 fax HVAC: CAC049256 service@stokes.com 4 � n 4,11 6UBMITTEDTO ---- __-_- - - - DATE 1/14/18 4Roof B DESCRIPTION -- Boynton Beach eplace RTU-2 .DDRESS - --.LOCATION2045 High Ridge Rd,Boynton Beach,F1,33426 .'TTN =-742-62,' Gail Mootz 3 MootzG@bbfl.us e hereby submit t is proposal to pe=r rm t e following work as outl9ned below: -Remove and dispose of(1) 12.5 ton Carrier package unit model -50HC-D14 Provide and install 11 new 12.5 ton Carrier package unit to existing curb,electric,drain, -Provide crane to remove old system and hoist new system to roof -Provide safety device for drain pan and line Perform start up -Confirm proper operation - Return unit back to service Work to be erformed durinn the of 8:00am -4:30-m Monda - Frida EXCLUSIONS: Work beyond above stated scope : Upgrades to electrical,duct work,drain lines,enqineered drawings, Paintin atchin , life safet , smoke detectors _We hereb ro ose to furnish material and labor in coin tete accordance with above descri-.tion for the sum of: Eighteen Thousand Five Hundred Thirty xx/100 ayment to be made Dollars $ 18,530.00 Pas follows: _ - All maupon completion; 3.5% Card Processing Fee if over$5,000.00 terial is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from the above description involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,hurricane and other necessary insurance.Our workers are covered by Workman's Compensation insurance. utnorized Signature: NOTE: This proposal may be withdrawn if not accepted within 30 da s. Acceptance of Proposal—The above prices,description and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will Service SDeciallst be made as outlined above. Signature: Print Name/Title: Date of Acceptance: FOR OFFICE USE ONLY PFNDI G SIGNS _ coMPLerEo altLeD Page 457 of 1207 6.G. CONSENTAGENDA 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meetings held on January 15, 2019. EXPLANATION OF REQUEST: The City Commission met on January 15, 2019 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 Page 458 of 1207 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 15, 2019, AT 5:45 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor(arrived 6:30) James Cherof, City Attorney Mack McCray, Commissioner Judith Pyle, City Clerk Justin Katz, Commissioner Aimee Kelley, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant called the meeting to order at 5:45p.m. Roll Call City Clerk Pyle called the roll. A quorum was present. Attorney Cherof indicated the Commission would recess into a private attorney-client session to discuss pending litigation in the case of LEIF BROBERG, Plaintiff, vs. CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendant—Palm Beach County Circuit Court Case No. 502015CA011377XXXXMB In attendance was be the City Attorney, James Cherof along with Assistant City Attorney Tracey DeCarlo, Special City Counsel Andrea Amigo, City Manager Lori LaVerriere, a court reporter, the Mayor and City Commission. The session would take approximately 45 minutes. Closed —door session adjourned as 5:46 p.m. Call to Order- Mayor Steven B. Grant called the meeting to order at 6:30p.m. Vice Mayor Romelus gave the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray Agenda Approval: 1. Additions, Deletions, Corrections Commission Katz requested to add an item for discussion regarding ethic concerns within the City, which he feet was time sensitive. Requested to table item 12C. Page 459 of 1207 Meeting Minutes City Commission Meeting oynton........._each, Florida......................................................................................................................... January 15,.._2019 . ................................_._......................................_...._......._._._._._............_._...._......_rY.._............... Mayor Grant stated this item would be tabled until the first meeting in March. Mayor Grant requested to add announcements regarding the Friends of the Library adult reading Club. Requested tabling items 8A and 8B to February 5, 2019 Commission meeting and Items 8E and 8F to March 19, 2019 Commission meeting. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz spoke to residents and leadership of Silver Lake, leadership of the Village of Golf, as well as Bradley Miller. Commissioner McCray spoke with Bradley Miller, attended the Martin Luther King (MLK) celebration, and attended the awards ceremony for the Police Department. Thanked staff for cleaning MLK Boulevard. It was noticed and appreciated. Vice Mayor Romelus met with Bradley Miller, spoke with a group of employees and veterans at the VA medical center. Shared her thoughts on leadership and service. Reflected and paid homage on what Dr. Martin Luther King's Jr. left behind. She attended the Boynton Beach quarterly awards ceremony, indicated it was an honor and privilege to work with those who wear the blue uniform. Thanked the Police department for keeping Boynton Beach safe. Commissioner Kelley met with Bradley Miller, and attended the Martin Luther King Jr. event. Thanked the City for putting on a great event. Mayor Grant indicated on December 19 he visited with the Red Cross in Palm Beach County and looked forward to working with the Red Cross regarding providing smoke detectors for low income and the elderly residents. He attended a Christmas party with the Woman's Circle at St. Mark on December 20, 2018. On January 6, 2019 attended the Sunday cleanup with Boynton Cares, went to the Novus escape room. January 10th met with Bradley Miller. Attended the grand reopening of the Hampton Inn off Gateway. January 11th attended Congress Middle School to help with a crisis plan. January 12th attended the Color of Hope event in Oakland Park with Mayor Mack Bernard in remembrance of the earthquake, which happened in Haiti. He attended the MLK 2 Page 460 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15, 2019 ...............................................................................................................................................................................................................................................--...............................1-1......................................................................................................................................................... celebration. Thanked City staff, Galaxy Elementary School, Congress Middle School dance team, Tiger Sound Band, Valerie Tyson Band. Hopefully the City could advertise the event better. Attended a Town Hall meeting in Leisureville. January 13th attended a Teach Florida Legislative session. He attended the Bresky Bash at Mizner Park with Commissioner Weinroth and other Mayors, community leaders. Joined the choir line, to help promote awareness of elderly abuse and domestic violence. Indicated there are resources available through Palm Beach County Legal Aid where Boynton Beach provides funding through a Community Development Block Grant. Attended Congress Middle School for their stakeholders' meeting. Thanked Village Royale on the Green for hosting the quarterly awards ceremony. Mayor Grant indicated that Commissioner Katz promised to put in $1000 to make sure that everyone has access to summer camps and afterschool activities, and was in agreement with that sentiment. Mayor Grant presented a check for $1,000 to the City of Boynton Beach, so that every child has the opportunity to attend camp. Mayor Grant asked for a Veteran Task Force. Indicated The City does not need another advisory board. Motion Commissioner McCray motioned to amend the agenda and add into the future agenda item H to add Veteran Task Force. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Welcome our new Palm Beach County Commissioner Robert Weinroth, District 4 Commissioner Robert Weinroth, thanked the Commission for the opportunity to address the residents of Boynton Beach. Stated the purpose of his visit was to say hello, and to make sure that the City understands he was here to offer any help the City needs. Informed the Commission the County was working with homeless housing and dealing with impact fees. Indicated this was a delicate balance of the need for revenue and the ability to bring businesses to the area. Expressed he was happy that Amendment 1 was defeated during the last elections. Vice Mayor Romelus congratulated Mr. Weinroth and hoped that they could work together. B. City Hall will be closed on Monday, January 21, 2019, for observance of Dr. Martin Luther King Jr. Day, 3 Page 461 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15, 2019 Mayor Grant announced City Hall would be closed in observance of Dr. Martin Luther King Jr. Day. C. Proclaim Monday, January 21, 2019 as Martin Luther King Jr. Day. Mayor Grant proclaimed Monday, January 21, 2019 as Martin Luther King Jr. Day. Dr. Stephanie Hayden accepted the proclamation. Indicated Dr. King was instrumental in her life. Dr. King lived his life as he preached. D. Proclaim the week of January 20, 2019 as Boynton Beach School Choice Week. James "Jim" Kidd, Superintendent, South Tech Schools will be present to accept the proclamation. Mayor Grant proclaimed the week of January 20, 2019 as Boynton Beach School Choice Week. Stephen Kozak, Director Business and Community Partnerships, expressed South Tech School was proud to offer the students of Boynton Beach a quality public education and ready for work, higher education and ready for citizenship. Indicated he was proud to live in a democracy where parents have the choice of where to send their children for an education. Vice Mayor Romelus stated she was a proud graduate of South Tech School. Thanked Mr. Kozak for all the work the school does. E. Proclaim the month of January as Mentoring Awareness Month. Ike Powell III, Senior Program Specialist of Palm Beach County Youth Services Department will be present to accept the proclamation. Mayor Grant proclaimed the month of January as Mentoring Awareness Month. F. Announcement by Recreation & Parks Director Wally Majors about the upcoming 7th Annual Barrier Free 5k Run, Walk & Roll and 3rd Annual Magic Wheels Events, to be held at Barrier Free Park on Friday and Saturday, February 8 and 9. Mr. Wally Majors announced the City of Boynton Beach 7th annual Barrier Free Park 5K run,Walk and Rall. Also the 31d annual Magic Wheels and Special Deals event. Introduced Stephanie Soplop, and Danielle Boutin of the Realtors of the Palm Beaches. Stated the Realtors of the Palm Beaches have been involved in the event since its inception. Stephanie Soplop, Recreation &Assessment Specialist, indicated there will be a 5k event to raise money to expand the Barrier Free Park. Each year the City choses an honorary starter, this year the honorary starter will be Nathan Roblos. The Event would be Friday, 4 Page 462 of 1207 Meeting Minutes City Commission Meeting oynto.n......._._Beach, Florida January.._1.5,._ .19 February 8th. In addition to seeing the unveiling of the magic wheels wheelchair there will be vendors with specialized items. Some of the vendors have disabilities. Agencies which support people with disabilities will be available for questions. The Event was scheduled from 6pm till 7p.m. Danielle Boutin, representing the Realtors of Palm Beach and Greater Ft. Lauderdale, expressed she was proud to continue working with Boynton Beach. The Barrier Free 5K would help expand the Barrier Free Park. They hope to continue to raise money for the park, so that it can continue to expand. Announced they have raised about $4,000 for Barrier Free Park. Commissioner McCray asked how much was raised by the realtor. Ms. Boutin replied the money raised was in conjunction with the City of Boynton Beach. Commissioner McCray stated that in the seven years there has only been $4,000 raised. Ms. Boutin responded each year more money is raised. Indicated they are trying to get more sponsors to contribute. The money will go to build the fitness zone. Commissioner McCray requested staff to provide what has been raised in the past seven years. Vice Mayor Romelus stated Eric Ammon was present and thanked him for all the work he does. G. Announce the International Kinetic Art Exhibit& Symposium by Debby Coles- Dobay, Public Arts Manager. Debby Coles-Dobay, Public Arts Manager, indicated she was excited to announce the International Kinetic Art exhibit and Symposium. The Kinetic event was scheduled for February 2-3, 2019. This was a free event with unique art experience as well as providing positive branding for the City of Boynton Beach. Explained the surrounding businesses are positively impacted with increase in revenues from the influx of people. The event begins on Ocean Drive to Boynton Beach Boulevard, then to the marina. There will be 12 very large Kinect art pieces, which will be on loan to the City of Boynton Beach for the entire year. There will be some solar boxes. All ages will be able to enjoy this event. City was given a booth by a vendor and will be a part of the Art Palm Beach, booth 534, The City has some free passes to Art Palm Beach available. Commissioner McCray inquired as to where Art Palm Beach would be held. Ms. Coles-Dobay responded the Art Palm Beach was at the Palm Beach Convention Center, 650 Okeechobee Road, West Palm Beach. Commissioner Katz asked if there was an opportunity for local residents to participate in the event. Ms. Coles-Dobay responded there are local people involved. The Solar Shimmer involved more than 200 students, which contributed to the project. There was a kinetic canopy. Local artists and local businesses are involved as well. 5 Page 463 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15, 2019 Commissioner Katz indicated he liked that South Tech Academy and the school children are involved with this event. He would like to engage the community in some type of art opportunity. Ms. Coles-Dobay responded there was a good representation of local artist. There are about 40 local volunteers for the event. H. Receive update and presentation on activities in the Public Works Department by Andrew Mack, Director of Public Works & Engineering. Andrew Mack, Director of Public Works& Engineering, updated the Commission on some of the successes this year. Explained in order for the Town Square Project to proceed staff relocated the Fire Department, City Hall, and the Police Department. He could not have done this without the support of his staff. Commissioner McCray requested the support staff stand beside Mr. Mack. Mr. Mack continued another success was the service contracts. Informed the Commission the contracts for paving, concrete, landscape maintenance and minor construction work has been completed. The City has some service contracts out for bid, which include painting, janitorial, solid waste truck rentals. Explained the reason for these service contracts, was to get jobs done quickly_ Mr. Mack announced staff have just completed the career path for the engineering division, installed new fleet awning and a fleet study was currently on the way. Rebranding of the Public Work Trucks was in process. The Solid Waste Route Ware has been installed. One of the new trucks was in the holiday parade. Mr. Mack said some of the initiatives they have ongoing was the career path for Solid Waste Division and Fleet Division. Once this was done, the Human Resources Department will begin with the career path for Parks and Grounds division. Mr. Mack stated the City was able to save 128 trees from the 16-acre property. Some of the trees were relocated to the Hester Center. Mr. Mack stated there were several projects completed last year; Painting of the Wilson Center and Denson pool, Oyer Park Coast Guard entry and expanded entrance way. Knollwood Park, the City was able to add security gates, by using in-house staff to expand the Coast Guard entry. Mr. Mack provided an update on some ongoing projects, such as the Oceanfront Park playground currently being installed; Palmetto Park pricing has been secured for security upgrades. Mr. Mack informed the Commission the bathroom refurbishment would be completed by in-house staff. The Children's Museum received a grant for painting and repairing the floor on the building. 6 Page 464 of 1207 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 15,2019 Mr. Mack provided a listing of upcoming projects; Boynton Lakes Park playground replacement. The City was currently working with the vendors designing the park. Meadow Parkway was being prepared for painting, sidewalk repairs and fencing. Mr. Mack stated the Engineering Department engaged a consultant. The City intention was to include all the sidewalks. The Engineering Department was doing a street condition analysis to help with the street repaving. The Forest Park neighborhood was doing a traffic calming study. Mr. Mack stated some of the challenges was an aging Public Works compound. The facility was undersized for the current operation. Mr. Mack stated the competition for labor with the private sector was an issue. Staff has been working with Information Technology Department to better utilize the software the City currently has. One of the biggest challenges was dealing with illegal dumping and the littering on vacant property. Staff has teamed up with Community Standards to address this issue. The City will work to inform residents when to put out bulk trash. Davidson Monestime, Manager Solid Waste, explained the Routeware program. The software has recently been implemented. Indicated training sessions were provided for the drivers. The drivers were provided with user names and passwords. Training was provided in real time service scenario. Mr. Davison explained the training was ahead of schedule. The driver's information and the truck information was now in the system. The system dash board would contain route information and can communicate directly with the drivers. The system allows for some service options as well as comments. Commissioner McCray commented staff was always professional. Mayor Grant said Public Works does an amazing job. He understands this was a dirty job. Public Works does it well. Vice Mayor Romelus stated she was grateful for the technology. I. Announcement the Town Square Opportunity Fair on Thursday, February 14th from 8:00am - 12:00pm at the Ezell Hester Community Center, 1901 N. Seacrest Blvd. The Town Square project is seeking qualified vendors, sub- contractors, skilled, and un-skilled labor. David Scott, Director of Economic Development, announced the opportunity Fair for the Town Square. The event will take place on Thursday, February 14, 2019 from 8:00 am to 12:00 pm at the Ezell Hester Community Center. The City, along with E2L, Palm Beach State College, CareerSource, South Tech Academy and other partners would be available. This event would be open to the public to learn about job opportunities, training and apprenticeship programs from the City community partners. The City was seeking additional qualified vendors, subcontractors, skilled and un-skilled laborers to this event. 7 Page 465 of 1207 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 15, 2019 .................................................. ,each,-.1 1..........I...........I ---................--........................................................................................................... ....................... ............................... ............................................................................................................... This Opportunity Fair was inviting the public to learn more about job opportunities for the Town Square project. There will be programs, training, and apprenticeship programs from community partners on the Town Square Project. Mr. Scoff provided contact information: 56 11 1-880-5169 or email townsquareboyntonihpach ff,gmail.com- Commissioner cCray asked if there would be flyer and better advertisement. Expressed his disappointment with the turnout of the last Opportunity Fair. Mr. Scott responded he was working with Eleanor Krusell regarding the advertisements. This would be placed on the City website as well as in the newspaper. J. Announced the Friends of the Library Adult Reading Club. Craig Clark, Library Director announced the Friends of the Library were sponsoring the annual adult reading club. The reading club was free. Invited all to come into the Library and sign up and receive an umbrella after reading 10 items from the Library. Vice Mayor Romelus asked if there was online registration. Mr. Clark replied not at this time. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this is 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 E 7t" y, provided some information to the Commission. Suggested some examples of paving options. Please consider adding these pavers to the City of Boynton each Code. Martin Fitzpatrick, 101 SW t" venue, grew up with Kids' Kingdom Park. He suggested moving the park, stated he help to build the park. Michael Fitzpatrick, 175 SW 2nd street, indicated he was concerned about what was happening with Kids' Kingdom Park. The City Manager set up an appointment with E2L, the Haskell Corporation and City staff. Wanted to thank the City for moving select pieces of the Castle to Forest Hill Park. Joe Kipp, 706 SW 24 Avenue, lives in Chapel Hill, was in favor of moving Kids Kingdom Castle to Forest Hill Park. He was one of the volunteers which helped build Kids Kingdom. Randolph Jones, 908 Ashbury Way, was concerned about the dog date on the beach leaving their waste on the Beach. Indicated the dog owners did not pick up the dog waste. The City employees had to clean up the waste from the dogs. Stated the workers were told about the waste on the beach. He said they have never had a date for veterans or senior citizens. 8 Page 466 of 1207 Meeting Minutes City Commission Meeting _oyton..........._each, Florida January..............._1 2019 .............. ............................................................................................................................................................................. .. ........................... Tory Ore 407 NE 17 Avenue, volunteer on the Martin Luther King Jr. Committee Board expressed how glad he was for the turn out. Said everyone had a great time at the celebration. Commissioner McCray thanked Mr. Ore for the effort with the Martin Luther King Jr. celebration. Explained he heard great comments about how the group made this event successful. Eric Ammon, 3100 Fernwood Drive, resident of the area for 5 years, Chairman of the Greater Boynton Beach Foundation felt Forest Hills Park was forgotten. He reached out to the community to see what could be done to restore the Park. Joshua Adams donated more than $30,000 worth of equipment to upgrade the park. He presented 56 signatures to the Commission for the castle to be moved to the Forest Hill Park. Patti Rezakhani, 3305 Church Hill Drive, was supportive of the castle being moved to the Forest Hill Park. Has been a resident for more than 20 years in the Chapel Hills area. She was member of the Greater Boynton Beach Foundation. ln , 220 SW 3rd Street, provided an overview of Boynton Cares. Explained as students they are concerned about the environment. She invited people to come out on Sunday with Boynton Cares to clean up the beach. Julia, 2561 SW 11 Street, there was hope for the environment if we commit to make some changes to help the environment. Kevin Homer, 2505 Lake Side North, representing Boynton Cares, indicated the cleanup at the beach has been ongoing. Stated since the arrival of the new Police Chief more police are on the streets. The staff in the permitting department are approachable. Dr. Piotr Blass, 113 Tara Lake Drive, informed the audience he was running as a write in for Mayor of the City of Boynton Beach. This is the first time for the City of Boynton Beach to have a write-in candidate. Stated that the election in Florida should not be a race war. (Provided some information to the Commission attached to the minutes) Mayor Grant, seeing no one else coming forward, closed Public Audience. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg 9 Page 467 of 1207 Meeting Minutes City Commission Meeting Boynton Beah, Florida January 15, 2019 ...........................I...................I I..................__c. ...........................................I.................................. . .............................................................. ............................................................................................................................................................................................................................................ Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Education and Youth Advisory Board: 2 Stu Historic Resources Preservation Board: 1 Alt Employee Pension Board: 1 Reg Library Board: 1 Alt Firefighter Pension Board: I Reg Senior Advisory Bd: 1 Alts Motion Mayor Grant moved to appoint Clovis Moodie to the Arts Commission Board (Reg). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant moved to appoint to the Desirae Watler to the Firefighter Pension Board (Reg). Commissioner McCray seconded the motion. Vote The motion unanimously passed. 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 it with all of the accompanying material to become a part of the Public Record and subject to staff comments Commissioner McCray requested to pull item K. Mayor Grant requested to pull item L. A. PROPOSED RESOLUTION NO. R19-002 - Assess the cost of nuisance abatement on properties within the City of Boynton each. B. PROPOSED RESOLUTION NO. R19-003 - Authorize the City Manager to sign an Amendment to the Contract with Vazza Cleaning Corporation of Royal Palm each, Florida for Bid No. 001-2821-17/JMA for Janitorial Services for the Utilities Department for the period of February 1, 2019 thru January 31, 2020, for an estimated annual expense of$24,050. 10 Page 468 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15 2019 C. PROPOSED RESOLUTION . 1 -004 - Authorize the City Manager to sign an agreement utilizing the City of West Palm Beach, FL contract No. 20600, Procurement No. ITB 16-17-144 with Pace Analytical Services, LLC. For Lab Analysis of Potable and Non-Potable Water with the same terms, conditions, specifications and pricing. The maximum anticipated annual expenditure for these laboratory services is $34,000. D. PROPOSED RESOLUTION NO R19-005 - Authorize the City Manager to sign an Agreement with Elite Medical Specialists, LLC of Jupiter, and Florida for RFP No. 005-2210-19/IT for Medical Director for Fire-Rescue. The Initial Term of the Agreement shall be for a period of three (3) years commencing on February 3, 2019 for an annual amount of $39,000, with the option to renew for two (2) additional one-year terms at the discretion of the City and based upon mutually agreeable rates. E. PROPOSED RESOLUTION NO. 1 -006 - Authorize the City Manager to sign the artist agreement with Donald Gialanella of St Petersburg, FL in the amount of$97,680 for the Town Square Interactive Public Art project. F. PROPOSED AMENDED RESOLUTION R18-159 - Authorize utilization of Sourcewell NJPA Contract #120617-CAT and a Purchase Order for rental of a 1.000 Kilowatt (KW) emergency backup generator and cables at the East Water Treatment Plant (EWTP)from Pantropic Power Cat in Miami, FL for a monthly cost of$7,866, or an annual cost of $94,392. G. Approve Task Order UT-113-01 with Carollo Engineers in the amount of $73,349.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018 for development and evaluation of the Silverwood Area Wastewater System Hydraulic Modeling. H. Approve Task Order No. UT-1 C-03 to Carollo Engineers 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 in connection with Palm Beach County Coastal Resilience Partnership not to exceed$72,000. I. Approve utilizing the State of Florida Contract DMS-12113-001H with Jade Communications, Inc. of Boca Raton, FL for Telecommunications infrastructure needed at the interim Police Facility in the amount of $21,427.00. The City is allowed to utilize the State of Florida contracts in accordance with City's procurement procedures. J. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $477,328.28. This 11 Page 469 of 1207 Meeting Minutes City Commission Meeting oynto_n......._ea_c.h,.._Florida....................................................................................................................... January 15, 2019 ....................................................................................................................................._�................... amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. K. Approve the modification and addition of projects as part of the approved Fiscal Year 2018-19 Government Surtax Fund. Mayor Grant read the item into the record. Motion Commissioner McCray moved to approve with discussion. Vice Mayor Romelus seconded the motion. Commissioner McCray requested an update on the surtax program. Andrew Mack, Public Works Director, provided a presentation on the modification and addition of projects as part of the approved Fiscal Year 2018-19 Government Surtax Fund. Provided some high lights for approval. The City has reallocated some funds for projects completed by in-house staff. Explained the City was able to use the HVAC unit for the Boynton Beach Mausoleum. These were savings and the funds were reallocated. Commissioner McCray asked if the City owned the Boynton Mausoleum. Mr. Mack replied yes. Commissioner McCray asked how many crypts are available for purchase. Mr. Mack responded he did not have that number. Mr. Mack indicated the reallocation of some funds for projects where bids came in under budget. Indicated some projects are being delayed to allow for redesign, retrofit and seek grant funding. New projects include Palmetto Greens Linear Park, fencing and LED lighting upgrade. Some projects were moved up, such as the Hester Center basketball court resurfacing, walkways LED lighting upgrade, Meadows Park LED lighting, as well as Oceanfront Park. After Hurricane Matthews, the roof was damaged and was in need of repair. Vote The motion unanimously passed L. Approve revised investment policy for the City of Boynton Beach Funds except for pension funds and funds related to the issuance of debt. Mayor Grant stated the last time the policy was reviewed was 2005. The recommendation made was for a yearly review. Mayor Grant noted the City did not invest in long term investments. Mara Frederiksen, Finance Director indicated the City does not invest in the long term investments because this would encumber its funds. 12 Page 470 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15, 2019 ..............I - .............................. .........................................................................................................................................................................................................I...................................................................................................................................-............................. Mayor Grant indicated the recommendation was to review the policy yearly. Vote Motion Vice Mayor Romelus motioned to approve to have the policy reviewed yearly. Seconded by Commissioner McCray. Vote The motion unanimously passed. M. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ended September 30, 2018 (unaudited). N. Approve the one-year extension for RFP ids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for January 15,2019-"Request for Extensions and/or Piggybacks." 0. Approve the minutes from City Commission meetings held on December 18, 2018. The minutes for the December 5, 2018 public input meeting are included for information purposes. Motion Commissioner McCray moved to approve the consent agenda as amended. Vice Commissioner seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-007-Authorize the City Manager to sign Addendum One with Ric-Man International, Inc. in the amount of$9,826,901.85 that includes $9,326,901.85 for the completion of construction of the "PROGRESSIVE DESIGN BUILD FOR CENTRAL SEACREST CORRIDOR UTILITY IMPROVEMENTS PHASE 11" and an additional $500,000 as a contingency to address any unforeseen conditions or issues during construction. The total cost for the contract will increase from $3,233,885.33 to $13,060,787.18. Mayor Grant read proposed Resolution No. 19-007 into the record. 13 Page 471 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15, 2019 Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion with discussion. Vice Mayor Romelus stated there was an issue with the contract regarding the neighborhood lawns not being repaired after installation of the piping. Mr. Groff replied the contractor was responsible for repairing the lawns and irrigation systems. The City relies on the residents to contact the City when the irrigation lines are cut. Joseph Parterniti, Utility Director, provided a presentation indicating this neighborhood improvement consisted of new water lines, stormwater treatment, sidewalks, and driveways. There are more than 600 residents involved in this improvement. Mr. Paterniti provided some history on the project. Indicated there would be some reclaiming of right- of-ways, roadway improvement, resurfacing the roadway, traffic calming, sidewalks and concrete drive ways. The project should be completed by June 2020. Commissioner McCray asked for clarification regarding traffic calming devices. Mr. Mack noted the City contracted with a Design Contractor. The devices could consist of traffic delineator, diamond shaped round a bouts, intersection closure, tabletops. Commissioner McCray indicated residents were told traffic bumps could not be done in certain areas. He does not want to send the wrong message. Mr. Mack responded staff was looking at the entire City for traffic calming. Staff was not looking at speed bumps. Having speed bumps actually increases speeding. The challenge was to forece drivers to slow down as they drive through neighborhoods. Mr. McCray stated he did not want to open an assortment of problems. Mr. Mack stated this would come back to Commission when the study for traffic calming devices is complete. Mr. Groff provided a hotline number to leave a message regarding issues with this project in regards to the repair of irrigation systems or problems with the contractors-561-893- 1758. Mayor Grant stated the hotline number was not monitored. Commissioner McCray inquired if a yard was immaculate before the construction, there was a language barrier, asked if the resident can come back and have their grass repaired. Mr. Groff noted the project was being videotaped. Vote The motion unanimously passed. 1 Page 472 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 1 , 2019 Commissioner McCray asked for clarification regarding traffic calming devices. B. PROPOSED RESOLUTION NO. 19-008- FIRST READING-Award Bid No. 036-2413-18/IT for Sara Sims Park Electrical Improvements, and authorize the City Manager to sign an agreement with and issue a Purchase Order to Cerrito Electric, Inc. of West Palm Beach, FL as the lowest responsive, responsible bidder in the amount of $511,774 plus a 10% contingency amount of $51,177 for a total estimated amount of $562,951.40. Award is contingent upon the receipt and approval of insurance and performance and payment guaranty. Mayor Grant read proposed Resolution No. 19-008 into the record on the first reading. Motion Commission McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R19-009 -Authorize the City Manager to sign an agreement with Rosso Site Development, Inc. of Lake Worth, FL to award Bid No. 002-2413-19/IT for Sara Sims Park Landscape and Irrigation Improvements as the lowest responsive, responsible bidder in the amount of $345,216.98 plus a 10% contingency amount of $34,521.70 for a total estimated amount of $379,738.67. Award is contingent upon the receipt and approval of insurance and performance and payment guaranty. Mayor Grant read proposed Resolution No. 19-009 into the record on the first reading. Motion Commission McCray moved to approve. Commissioner Kelley seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION1 -010 -Authorize the City Manager to sign a quote from Spillman Technologies Inc., a Motorola Solutions Company for Managed Services in connection with the Police Records Management Svcs (RMS) for a total five (5) year cost of$157,250 including a first year cost of $47,922. Mayor Grant read proposed Resolution No. 19-010 into the record, by Title only 1 Page 473 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15, 2019 ........................................................................................................................................................ ........... ...............I....................................................................................................................................................................................................................................................... Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray requested clarification of the purchase. Inquired if the software was portable. Tim Howard, Assistant City Manager replied this was the Police Records Management System, which will be able to be moved to the new police station. This software was managed by a third party vendor, Vote The motion unanimously passed. E. Approve Task Order No. F-06-2019 - Construct Retaining Wall and Stairs at Oceanfront Park to E&F Florida Enterprises, Inc. d/b/a Creative Contracting Group, in the amount of $119,800, and authorize a Purchase Order, in accordance with the Pre-Qualified Vendors for Minor Construction Services Agreements. This approval is contingent upon the receipt and approval of insurance and payment and performance bonds. Mayor Grant read the item into the record. Motion Commission McCray moved to approve. Commissioner Kelley seconded the motion. of The motion unanimously passed. F. Approve Task Order No. F-09-2019 - Oceanfront Park Shade Sail and Roof Replacement to Republic Construction Group, Inc., and authorize a Purchase Order, in the amount of$106,887 in accordance with the Pre-Qualified Vendors for Minor Construction Services Agreements. This approval is contingent upon the receipt and approval of insurance and payment and performance bonds. Motion Commission McCray moved to approve with discussion. Commissioner Kelley seconded the motion. Commission McCray requested clarification if the money was coming from the Surtax money. Tim Howard, Assistant City Manager, replied in the affirmative. 16 Page 474 of 1207 Meeting Minutes City Commission Meeting oynton each, Florida January 15, 2019 ....................._.........._................._.............._............................._._.................................................._._...................._._.................................._.............._._...._._.............................................................................................._._.........._................_.................................................._._...................._._._._._............... Mayor Grant asked the life of the Shade Sails. In addition, what happens if there was a hurricane and the Shade Sails are destroyed? Mr. Mack indicated during a hurricane those sails must come down at Oceanfront Park. The life of the sails was 25 years. Vote The motion unanimously passed. G. Approve Task Order UT-2 -01 with Arcadis U.S., Inc. in the amount of $197,868.25 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018 for work on the Dimick and Potter Utility Storm water and Water Improvements. Mayor Grant read the item into the record. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray inquired if the funding would come from the Utility Fund. Mr. Groff responded yes. Mayor Grant asked the location Mr. Groff indicated it was located east of Federal Highway and south of Casa Del Mar. Vote The motion unanimously passed. . Public Hearin 7P.M. OR AS SOON THEREAFTER AS AGENA PERMITS The City ission will conduct li hearing in its dual capacity as Local Planning Agencyi ission. A. PROPOSED ORDINANCE .1 - - FIRST READING -Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low ( XL). Applicant: City-initiated. Staff Requests item be tabled / /1 . PROPOSED ORDINANCE NO.19-005 - FIRST READING - Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the 17 Page 475 of 1207 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 15, 2019 ........................................................................................................................................................................................ ............................................................................................................................................................................................................................. Boynton each all DRI from the list of DRI-classified sites. Applicant: City- initiated. to Requests it be tabled to 2/5/19. B. Request for Major Site Plan modification approval to construct one-story building additions totaling 6,657 square feet, to an existing three (3) building, 10,865 square foot, warehouse complex, for a total of 17,722 square feet, and related site improvements. Applicant: Jose Obeso, J.A.O. Architects & Planners. Mayor Grant read the item into the record. Motion Commissioner McCray motioned to remove from the table. Commissioner Kelley seconded the motion. Vote The motion unanimously passed. Attorney Cherof swore those in who wished to testify. Jose Obeso, of J.A. O. Architects& Planners, 3100 Boca Raton Blvd, they are doing three warehouse additions. They are adding two 3,000 buildings, also a maintenance building. This build was for a single user only. Presented some site evaluations to the Commission as well as some rendering of the building. The applicants are enhancing the landscaping in the area. Mayor Grant asked if there was a security fence. Mr. Obeso answered in the affirmative. Commissioner McCray asked if by allowing this modification, there were no underground utilities. Mr. Breese replied no. Mayor Grant stated on NE 3rd street they just had a new paving of the roadway. Please do not damage the new asphalt Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 18 Page 476 of 1207 Meeting Minutes City Commission Meeting oyntoneach, Florida January 15, 2019 C. PROPOSED ORDINANCE NO. 1 -006 - FIRST READING - Approve modifications to parking requirements (CDRV 19-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V. Minimum Off- Street Parking Requirements, Section 2.A. & B., to revise parking requirements for residential uses. City initiated. Attorney Cherof read proposed Ordinance No. 19-006 into the record by title only. Ed Breese, Planning and Zoning Administrator, stated in 2017 the City placed some stopgap measures because of problem parking. At that time, the City required an increase in the amount of parking required based on the number of bedrooms. Also a measure was implemented that residents could not pave more than 40% of the front yard. Those items had a positive effect on the parking problem. It has some unintended affects. Staff has reevaluated the stopgap measures. As a result, parking has been broken down by category; there was new construction, home expansion you only add additional parking when an additional bedroom was added, changes in occupancy and use. Staff recommended the stopgap measures remain in effect. New development would have two parking spaces per unit. Multifamily to be returned to the previous City Code requirement to 1.5 parking spaces for each bedroom. Commissioner McCray inquired if there were eight cars at a home the City could cite the homeowner. Mr. Breese replied not for existing homeowners, only for new homeowners and construction. Mr. Breese stated for a group home type of setting they would be able to do something about the parking. There are Codes on the books about parking on the lawns. Commissioner McCray indicated under the new regulations the current homeowner would not be cited. Mr. Breese stated that was correct. Mayor Grant asked about new development, which create electrical charging stations to be shared. Mr. Breese stated under new development would require a parking study. Mayor Grant asked was there some type of waiver. Mr. Breese stated there was no waiver other than the study. Mayor Grant asked about new construction or new development. Mr. Breese explained new construction based on residential building and new development would be townhomes or apartments. Commissioner McCray asked if there was some type of financial hardship waiver for the study. Mr. Breese noted those studies are based on multimillion dollar construction. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Mayor Grant asked for any comments from the audience. Seeing none, he asked for a vote. Clerk Pyle called the roll. 19 Page 477 of 1207 Meeting Minutes City Commission Meeting oynto.n...._._._ c .'_.._Florida...................... ............................................................................................................................................ Ju 1 2019 ................................................................................................. ............................... Vote 5-0 D. PROPOSED ORDINANCE . 1 -007 - FIRST READING - Approve modifications to shed requirements (CV 19-002), amending the Land Development Regulations, Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.E., to increase potential siting locations for permanent sheds and storage structures. City initiated. Attorney Cherof read proposed Ordinance No. 19-007 into the record by title only. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Mr. Breese stated staff has been approached by residents cited for having sheds on their corner lots. Staff has looked at the code to have a shed permitted on the side corner of the yard, provided the shed meets certain criteria. It would need to have a minimum setback of 12.5 and shed is screened with a fence or landscaping minimum for half the shed height. Only one shed per property. Mayor Grant asked for any comments from the audience, seeing none asked for a vote. Clerk Pyle called the roll. Vote 5-0 E. PROPOSED ORDINANCE . 1 -001 - FIRST READING - Approve Country Trail PUD annexation (AEX 19-001) Applicant: M2D Country Trail, LLC. Applicant request postponement to March 1 , 2019 ORDINANCEPROPOSED . 1 -002 - FIRST READING -Approve Country Trail PUD Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre ( -5) to Low Density Residential (L ) with a maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC. Applicant request postponement to March 1 , 2019. PROPOSEDI . 1 -003 - FIRST READING - Approve Country Trail PUD rezoning from Palm Beach County's A , Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC Applicant request postponement to March 1 , 2019. 20 Page 478 of 1207 Meeting Minutes City Commission Meeting -- oynto_n._._._.._each,_...Florida........................................................._._........................................................................................................_ January......._15,..._2019 ......................................................................_ ............. F. Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17-acre site. Applicant: M2D Country Trail, LLC. Applicant request postponement to March 1 , 2019). . CITY MANAGER REPORT A. Recreation and Parks Director Wally Majors will provide an update on the Dog Days at the Beach event held December 15, 2018. Ms. Laverrier introduced Wally Majors, Parks and Recreation Director. Wally Majors, Parks and Recreation Director provided an update on Dogs at the Beach event held December 15, 2018. The event was successful. Individuals with licensed dogs was allowed to come to the event from 9:00 am to noon. It took 90 minutes for a crew of four staff to set up the fencing. There was a staff of 10 to monitor the beach. It was a good idea to avoid turtle nesting time. They only received one negative email. Commissioner McCray asked about the resident which had a complaint about waste on the beach. Mr. Majors stated he did complain, but he did not see any waste on the beach. Commissioner Katz applauded the Recreation Department for the event. He received many positives emails. It was a small amount of time. Noted people look for this type of event. Everything which he heard was positive. He wanted to allow some type of restrictive access for dogs on the beach. Mayor Grant stated he was able to enjoy the event. As the resident stated there were some dogs on the beach prior to 8:00 am. There should be a charge for the next event. 10. UNFINISHED BUSINESS —None 11. NEW BUSINESS A. City Commission requests to grant authorization to the Legal department to initiate foreclosure proceedings to collect on unpaid accrued liens on the property located at 1102 N Federal Highway. Mayor Grant read item into the record. Motion Commissioner McCray moved to approve with discussion. Commissioner Kelley seconded the motion. 21 Page 479 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 1 , 2019 Commissioner McCray asked the lien amount on the property. Mark Woods, Director of Community Standards, responded the lien amount was approximately$620,000 between the two cases. Commissioner McCray asked the value of the property. Mr. Woods did not have the appraised value. Mayor Grant stated the property appraiser has the property valued at $243,000. Inquired if the property taxes have been paid. Mr. Woods stated the last two years the taxes were sold at auction. Mayor Grant stated this property may go up for tax deed sale. Mr. Woods replied it was a possibility. Mayor Grant did not believe it was feasible to foreclose on the property. He did not know if the City was ahead of the tax deeds. Mr. Woods replied the City was second to tax deed. Mayor Grant indicated to begin the foreclosure proceeding would cost $1,500. The Mayor would like to request City staff contact the lien holder to see if they are going to a deed sale. Mr. Wood indicated if it was the Commission's desire to go in that direction he was ready to do so. Mr. Woods explained the Florida Statute indicates after 90 days the City has the ability to foreclose on liens. Mayor Grant asked if the Commission was ok with reaching out to the tax deed holder to see if they plan to go to tax deed sale. Motion Commissioner Katz moved to approve staff to reach out to tax deed holder prior to foreclosure. Vice Mayor Romelus seconded the motion. Commissioner McCray asked if legal would reach out to the tax deed holder. Vote The motion unanimously passed. 1 . LEGAL A. PROPOSED ORDINANCE NO 19-008 - FIRST READING - Approve a revision to Chapter 26-508 adding subsection (d) to allow the City Manager or Utility Director to execute large user reclaimed water agreements for reuse customers. Attorney Cherof read proposed Ordinance No. 19-008 into the record on the first reading by title only 22 Page 480 of 1207 Meeting Minutes City Commission Meeting Boynton Beach, Florida . January 15, 2019 I.............. ................................................................................................................................................................................................ ................................................................................................................................................................................... Motion Commissioner McCray moved to approve. Vice Mayor seconded the motion. Clerk Pyle called the roll. Vote 5-0 B. PROPOSED RESOLUTION O. 19-011 - Authorizing the release of Unity of Title for Quantum Park Lot 4 (4, 4A & 4B) and Lot 5 (5 & 5A), subject to attached conditions of approval. Applicant: David Norris, Esq. of Cohen, Norris, et al. Mayor Grant read the item into the record. Mayor Grant stated there were some conditions of approval needed. Ed Breese, Planning and Zoning Administrator, provided the conditions of approval, which was the recordation of declaration of restrictive covenant and a parking analysis. Explained when the United Way was constructed it was constructed as one building. The application has agreed to the setback of 33 feet for the undeveloped lot. The applicant was trying to use it or sell it to a potential purchaser for the vacant pad. Mayor Grant asked if the property value increased. Mr. Breese indicated it has. Motion Vice Mayor Romelus moved to approve. Commissioner Kelley seconded the motion. Vote The motion unanimously passed C. Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled by Commissioner Katz to March 5, 2019) D. Questions and Comments regarding ethical issues. Commissioner Katz had questions and comments regarding some ethical issues. He believed there could be some corrupt activity. He had some concerns regarding Quantum Special Taxing District. Concerns were raised how the finances was being managed. Those individuals have been voted out. A new board was voted in and they determined through an audit that taxpayers' dollars were misappropriated. Collin Groff, Assistant City Manager now serves on the board. 23 Page 481 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 15, 2019 Commissioner Katz asked Mr. Groff when he came on the board they were able to slash hundreds of thousands of dollars. Mr. Groff responded he was currently serving as a member of the board representing the City of Boynton Beach. Mr. Groff noted the board was able to cut more than $300,000 in expenditures without affecting services. Commissioner Katz indicated it was apparent to him those individuals misspent taxpayers funds. He noted an individual employed was paid $100,000 for engineering services. Mr. Groff stated there were several contracts to specialty firms; a maintenance firm, legal firm and architectural/engineering firm. Contracts were given to friends of board members. These contacts were where the savings were realized. Commissioner Katz stated in regards to the engineering firm which was paid $100,000 per year, the board has now contracted with a firm for $5,000. Commissioner Katz believed the City asked the State of Florida Inspector General to investigate this ethical issue. Attorney Cherof responded the request had been received and it was on their list. Commissioner Katz pointed out as a local body, the City of Boynton Beach does not have the authority to investigate. The State has the authority, but is understaffed and has not investigated the City as requested over a year. Commissioner Katz said his request was to have the City Attorney address a letter to the new Governor and the legislatures. He believed it was unacceptable to watch a request languish. He does not believe this was the way the system should work. He would like to request an increase for the Inspector General (IG) office. Attorney Cherof noted with authorization he could address those concerns. Mayor Grant was in agreement with Commissioner Katz. He wanted to make sure the letters were going to the right individuals. Mayor Grant asked which office the IG office was assigned. Attorney Cherof stated the letters would be directed to those responsible for the budgeting of the IG office. Commissioner Katz stated the letter can be addressed to the new Agriculture Director, if she was the person who could help with this issue. He would like to have anyone who can help, be made aware of the issue. Attorney Cherof responded with authorization he would be able to find the addresses. The direction of the request was to address to the budgetary offices that the IG office was underfunded and needs additional appropriations. Vice Mayor Romelus noted she was in agreement for additional appropriations for the IG office. The City has found misappropriation of funds, what can the City do without waiting for the legislature. Attorney Cherof responded Special Districts were created by the City Commission. The Commission could build in language for safeguards, if creating a special district was appropriate. The Commission should provide oversight. 24 Page 482 of 1207 Meeting Minutes City Commission Meeting Boynton each, Florida January 1 2019 .. .. ........... -................ ................ ....._.-..........--...........-.........-. - ....-................_rY.. ..._'-.........-.... . Vice Mayor Romelus stated the City of Boynton Beach has a duty and an obligation to safeguard taxpayer's money. Commissioner McCray stated he does not want language to include the word corruption. The City needed to tone down the language. Mayor Grand requested to have records of communication from the Inspector General office regarding the Quantum issue. Attorney Cherof indicated he believed the letter was mailed certified. He will provide all information to the Commission. There was consensus. 13. FUTURE AGENDA ITEMS A. Staff to bring information concerning the following land parcels for the Commission to review— February 5, 2019 Nichols Property Rolling Green Girl Scout Park B. Presentation on Opportunity Zones by David Scott— February 5, 2019 C. Discuss new mobility options for potential implementation in the City including electric vehicle infrastructure, car sharing, e-scooter sharing, etc. — February 5, 2019 D. Approve and ratify IAFF Collective Bargaining Agreement- February 5, 2019 E. Department to give brief presentation of their operations Police- March 2019 Fire- May 2019 F. Commission wants to discuss public safety as it relates to the Town Square Redevelopment—June 2019 G. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - rch 2019. H. Veteran Task Force 25 Page 483 of 1207 Meeting t t City i i 2019 _..............Boynton...................................................._.._ .. uary ....._Florida..........._..................._._..............................._..............................._..........................................._._._........................................................._...._..............._._._._......._._.............._..........._.............._...... . ......... .. .._._._._.................._.. 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner Kelley seconded the motion. Vote The motion unanimously passed. The meeting adjourned at 9:23 p.m. (Continued on next page) 26 Page 484 of 1207 Meeting Minutes City Commission Meeting Boynton BeachFloda January 15 2019 .................. ...................................... ....,.................. ...........................ri.................................................................................................................................................................................. ............. .............................. ................................................................................,............................... CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner- Mack McCray Commissioner— Justin Katz Commissioner—Aimee Kelley ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 27 Page 485 of 1207 7.A. BIDS AND PURCHASES OVER$100,000 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Award Bid No. 010-2511-19/IT to the lowest responsive and responsible bidder, Kelly Janitorial Systems, Inc. of Doral, Florida for Janitorial Services for City Municipal Buildings and Facilities in the estimated two- year amount of$406,203.12 plus$80,000 for additional services that may be required for a total estimated two-year amount of$486,203.12. Issuance of purchase order is contingent upon receipt and approval of insurance and applicable payment and performance guarantys and blanket fidelity bonds. The bid allows for three (3), one-year renewals contingent upon mutual approval and determination that renewal is in the City's best interest. EXPLANATION OF REQUEST: Initial Bid Period: March 1, 2019 - February 28, 2021 The purpose of this bid is to provide janitorial services for various municipal buildings and facilities. The City of Boynton Beach has utilized Image Janitorial Services (Image) for the purpose of providing high level custodial services to City municipal buildings and facilities since 2013. The original bid was expected to expire on December 1, 2018. In order to have a replacement contract in place prior to the expiration of the original bid, on October 11, 2018, the City advertised a new bid for these services. On November 1, 2018, the City opened and evaluated five (5) bids. During the evaluation of the bids submitted, Purchasing became aware of formatting errors and ambiguities in the electronic price sheet and, determined that in the interest of fairness to all bidders, it would be in the City's best interest to reject all bids submitted, revise the bid sheet and resolicit the bid. Per the City's request, Image agreed to extend the prices, terms and conditions of their bid for a period not to exceed six months so that staff may resolicit and award a replacement bid. At the meeting of November 20, 2018, City Commission approved this interim bid. On December 6, 2018, the City advertised Bid No. 010-2511-19/ITfor Janitorial Services for City Municipal Buildings and Facilities (Re-Bid) and on January 8, 2019, Purchasing Services opened a total of nine (9) submittals to this Bid. The low bid submitted by Kelly Janitorial Systems, Inc. was determined to be responsive and responsible to the bid requirements. City staff have verified references and have conducted a site visit with the low bidder and concur with the recommendation for award. City staff will work closely with the incumbent and with Kelly Janitorial to ensure a smooth transition and a continuity of services. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure the best, most economical janitorial services vendor to clean all City facilities excluding the Golf Course and Utilities. The Golf Course and Utilities administer separate contracts for these services. Page 486 of 1207 FISCAL IMPACT: Budgeted Funding has been budgeted in Facilities Management Account No. 001-211-519-34.10 and Museum Account No. 001-2612-571-34.10 for FY 19/20. Previous Years Expenditures: FY 18/19- $42,347.00 as of January 22, 2019 FY 17/18- $268,000.00 FY 16/17- $230,047.00 ALTERNATIVES: Reject all bids received. Resolicit the requirement. Require staff to perform these services in-house. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Tab Sheets Tabulation Sheet- Pricing Attachment Submittal- Kelly Janitorial Services Tab Sheets Tabulation Sheet- Vendor Info Bid Advertised Bid - Janitorial Services (Rebid) Page 487 of 1207 ws U m 5,& c o `o 777 o o o d 0 co c_ co v6Ts o w a,�(rrr c t�„fit g a ,6+ M d l f 'c `o S f;��,t n V1 V1 V1 M V1 V1 M M V1 V1 V1 V1 lD lD OA >s f0 � L oxa ,ca�a LLI (1 e q 1 a a 3 t ' J `r o w a Uo tt s gash rc °m Z 4 4 P x� y & a 2 "s a VI �r,�, a s a a a a a a a a a a s a a a 0 o TTTrn All co 3 41 V, E i i i i i i A a o P P o 0 0 0 0 3 m m m o n o 0 0 t f if a $ x wz g g 4 $ a €k FT 0 flE ;A,f "WE {: m 0 �t y �e 6t m t 6 't Ir { N & ti .1_ a U z z z m 0 r r t� r"te Y REQUEST FOR R P a J 'd�r~ .a1 No. 010-2-2,511-19- AT JANIMORIAL SERVICES FOR CITY MUNECEPAL BUELDINGS AND FAACGILMES (REBID) CITY OF BOYNTON BEAC-UH ow a�51 {�``" r� l r r a tt �c ® yr@1Y r, _ gra Dorasdq FL 33166 Taxi IDun 65-07795578 W5456-1804 jy@ m-SIIJyjj a n I t 1111.ca ou m 1 Page 491 of 1207 Table CoverPage ............ ,................................ ................ .............1 Table of contents ......................... .............................. .............2 Cover Letter/Company Profile ........................ ............................3 Experience of Firm with Similar Projects.......................................7 Background and Experience of Personnel .........v.... .....................8 Staff with titles and contact information ............................ .........15 BondingCapacity ...................................................................22 License or Business Permits ................................................... 23 Contract of Hands ....................a...........................,..................25 Largest complete contract ................... .. ...... 30 Review Reference ...... ...................... ........ ............................32 List of Equipment's ................................................................ 35 Materials and Supplies ............................................................37 Bid Forms Addendums Others: License and Permits Scope Services Insurance Certificates Organizations Charts 2 Page 492 of 1207 Doral January 8th, 2019 Boynton Beach City Hall 3301 Quantum Blvd. Suite 101 Boynton Beach, Florida 33426 REF: BID No. 010-2511-19/I7 Janitorial Services for City Municipal Buildings and Facilities (REBID) Dear Sirs, We are pleased to present our quotation for the Janitorial/Custodial services at your facilities. The enclosed proposal outlines our management and technical capabilities for meeting your specifications and the high standards you require. We believe experience, supervision and viable labor force, combined with a strong management team, make up the key ingredients for a successful janitorial service. I personally invite you to spend a few minutes reviewing the enclosed material. It shall help you provide a clear understanding of our company and how you too could have the best quality cleaning. We will offer special works like a pressure wash on the floor of the bathrooms and windows of the Parks facilities that will require special treatment, these would be done in the first three months of the beginning of the contract, if we award the contract and there would be no additional cost. Thank you for your consideration and the opportunity to provide these services to you and your organization. Best Zeards, Adri na Tovar President Kelly Janitorial Systems, Inc. 4805 NW 79th AV Suite 05 Doral FL 33166 Phone: 305-456-1864 Fax: 786-953-7836 Tax ID # 65-0779578 3 Page 493 of 1207 llkelianitorial.co COMPANY PROFILE: Kelly Janitorial Systems, Inc. is a Florida Corporation since 1997. The Principals/founders have an extended experience for more than 20 years, not only in Florida, but New York, Connecticut and New Jersey. The management personnel managed accounts in New York City such as the Marriot and Sheraton Hotels. In Florida we have managed accounts with more than 200,000 square footage successfully. In addition, we are very familiar with Government buildings, Schools, Parks, Banks and City Halls among others. Kelly Janitorial Systems, Inc has the one of the best reputations in the industry, for the professionalism, know-how of the industry, courtesy and reliability. We are one source of cleaning services, we offer specialty services as: • Carpet Cleaning • Upholstery Cleaning • Vinyl Tile Cleaning and refinishing • Wood Floor Polishing • High-pressure cleaning • Mat/ Rugs Cleaning • Recycling • Parking Lot maintenance • Window Cleaning • Post-Construction Cleanings • Porter Services • Stone Care • Emergency Services Kelly Janitorial Systems, Inc is a leading cleaning company in Miami-Dade County. We service the most exclusive City Halls, Town Halls and Villages in South Florida, Broward, Palm Beach, Saint Lucie and Martin County. We have over+80 satisfied customers which include among others, major City Halls, Professional offices, Department of 4 Page 494 of 1207 Transportation Facilities, Museums, Police Departments, Public Libraries, Publix Safety Complex, EOC Dispatch, Health Departments and Schools, Parks. General Information and Procedures. Kelly Janitorial Systems Inc. is a distinctive service centered organization that has set high quality as our L. We work continuously and tirelessly toward that L. We work with our clients as a team. Our personnel are interviewed to select the most reliable crew, making sure they live a few it from the job assigned. After the selection, E-Verify, background check, photos ID, uniforms, training with cleaning products and MSDS, and cleaning procedures and then we are ready to begin. Our Area Manager will meet with client to discuss the schedule daily, weekly and monthly basis. We work on our safety program and security issues, keys/alarm, etc. The First day we always begin with a deep cleaning of the entire facilities with enough extra crew to reach the level of cleanliness required. QUALITY INSPECTIONS: A supervisor will perform unannounced inspections at different times of the day. This practice assures Kelly Janitorial's high standards and encourages feedback from our customers. RULES AND REGULATIONS: It is understood that Kelly Janitorial's personnel shall comply with any building rules and that the aforementioned schedule may vary from time(s) to ti (s), according to the needs of CUSTOMER. 5 Page 495 of 1207 COMMUNICATIONS: We work when you work. - So, we will always be available when you need us. Kelly Janitorial Systems is able to assist you with any cleaning matters 24 hours a day. WORK LOAD: Kelly Janitorial System Inc is currently available for the workload at your facility. Our personnel reach + 45 employees this year. UNDERSTANDING IMMERGE NEEDS:We are sure that Kelly Janitorial Systems will meet and surpass your cleaning needs. 6 Page 496 of 1207 EXPERIENCE OF THE FIRM WITH SIMILAR PROJECTS. Kelly Janitorial Systems, Inc. in Florida we have managed accounts with more than 200,000 square footage successfully. In addition, Kelly Janitorial Systems, Inc is very familiar with facilities similar to City of Boynton Beach because Kelly Janitorial Systems Inc, has City Halls facilities and governments entities as a client, City of Aventura, City of Lake Worth, Fish and Wildlife in North Miami, Florida Turnpike buildings, Bal Harbour Village, Town of Cutler Bay, Martin County Parks and Recreations, Athletic League of North Miami. In each of these facilities they count with Police Departments, Dispatch areas, Special Operation Departments, Public Safety Complex, Libraries, Annex Buildings, Utilities and Solid Waste, Parks, etc. We have over 21 years' experience in the janitorial industry. We provide staffing that has prior experience and in addition is given training orientation upon hire to ensure, quality of service. We are available 24hrs/7 days a week in case of emergencies. We have a crew that is responsible for hard floor/carpet and project cleaning on demand and for project work. We partner with our customers to provide specialized services as needed including hours operations/days and specialized services. Page 497 of 1207 BACKGROUND AND EXPERIENCES OF PERSONNEL. STAFF RESPONSIBILITIES: The staff (Project manager, supervisors and janitors) of Kelly Janitorial Systems Inc., are responsible to perform and follow up the scope of services in daily, weekly, monthly and semi-Annual basis as described in this RFP package, sign in-out every day through the system named Mygeotracking/agent, and make sure the facilities are secure and report any incident immediately. The staff designated for the BID No. 010-2511-1911T (REBID) will comply with the Scope of Services and Technical Requirements. (items 1 to 26) PROJECT MANAGER'S EXPERIENCE. The Project manager has a large experience in this Industry. Has the ability to choose the best products and cleaning equipment to be used, provide MSDS, schedule the monthly and semi-annual schedules of cleanings report any incident or concern, submit reports indicating work completion, address with extra crew any spills o incident as soon as possible, quality control walk- through with supervisor on weekly basis and keep a good communication with client. He is available 24/7 for client and cleaning crew. The project manager designated for the BID No. 010-2511-1911T(REBID) will comply with the Scope of Services and Technical Requirements: • Full Authority to administer the term of the Contract with the BID No. 010-2511- 19/IT (REBID) • Available to meet with the City's contract on a monthly basis, or more frequently if necessary, to discuss schedules, problems, needs, and mutual areas concern. • Project Manager to visit all sites anytime. 8 Page 498 of 1207 • Responsible to ensuring that all Scope of Work items completed as schedule in the Scope of Work daily basis. • Will be responsible to have one (1) twenty-four-hour daily circle immediately following notification by a Custodial Services Report to correct a deficiency and request a re-inspection. • Have the capabilities to receive feedback by telephone and/or email to facilitate timely corrective actions. • It's available to speak and read English. • Provide a list of the staff that have keys/key cards to facilities will be maintained and, given to the City's contract Administrator, and updated as needed due to employee turnover. • Make sure that all personnel have proof of identity when requested to do so by City's contract administrator. • Provide a list of the names of the personnel who will be working in the facility and who have access to the keys / key cards. • Request any additional keys/key cards needed. The Project Manager has knowledge of methods used in the cleaning of buildings and the occupational hazards and safety rules and regulations. EXPERIENCE.SUPERVISORS The Supervisor must inspect that the job is done at Kelly Janitorial's standards, report any incident, lock doors, check inventory, follow up the MSDS, the mix and/or use o cleaning ro ct , reports ills to be address as soon as possible, follow up procedures, uniforms, id cards, alarms, report any concern to Project manager, keep daily written activities reports and any other assignments. The Supervisors have a large experience in this Industry. 9 Page 499 of 1207 They have the knowledge of the standard methods, equipment, and supplies used in largescale janitorial activities of the service, have knowledge of the qualities, adaptabilities, and uses of common tools, equipment, and materials used in cleaning and maintenance activities. The Supervisors have knowledge of methods used in the cleaning of buildings and the occupational hazards and safety rules and regulations. The Supervisor designated for the BID No. 010-2511-1911T(REBID) will comply with the Scope of Services and Technical Requirements: • The supervisor will be report any building and/or infrastructure issues or problems on nightly basis to the Public Works Main Answering Point. • All janitorial-related issues will be corrected by the next cleaning visit. Any emergency with the building/infrastructure that require immediate attention must be reported to Dispatch. • Supervisor will be required to maintain a daily work log. • Supply the contract administrator by the 3rd of each month a timekeeping log showing the facility name, date, hours at facility and task completed for schedule items. • Any issues and corrections will be directed through the City's contract administrator. • Responsible for the instruction and training of personnel in proper work methods and procedures. • Schedule and coordinate all services and functions as required by the contract and as specified in the Task Schedules with the Contract Administrator. • Responsible for the security of the building including checking all windows and doors at the conclusion of the work in each area. • Check all exterior doors and make sure they are closed and locked. • Special care will be taken to ensure that buildings and rooms are not left unlocked, open, or unattended at any time. • All windows will be shut securely, and all exterior doors shall be closed and locked securely.. so Page 500 of 1207 • Double-check all doors behind the to ensure that they are secure (including doors that they did not enter or exit). • Buildings with alarms will be armed immediately at the conclusion of the or . • Make sure that all personnel not be allowed in the facilities outside of their normal working hours unless they are performing work. • Request to the City's contract administrator all necessary Keys/key cards for the employees designated employees to this contract. • Reported any loss of keys/key cards at the time of each lost key/key card to the City's contract administrator. • Make sure that the Keys are not to be copied. • Lost or stolen key/key card jeopardize the security of a particular facility, the Company will be totally responsible for all cost incurred by City's contract administrator in re-keying the lock system. • Check that the electronic security system (where installed) will be properly disarmed and armed each time after-hours access is made. • Make sure that the all exterior doors are to remain locked while the to is in the facility. • Reported immediately to the Project Manager problems dealing with unauthorized or suspicious persons, conditions indicating the breaking or vandalism, situations such as: fire, smoke, unusual odors, broken pipes or floods, and take appropriate safety measures. JANITORIAL EXPERIENCE Our to are responsible for cleaning the interiors and exteriors of facilities and buildings, offices, etc. They generally report to a supervisor; their work is completed with little or no supervision and provide Daily Cleaning and Maintenance Services. The main duty of our staff is providing regular upkeep of a property and keep the location in excellency. This may include sweeping, mopping, vacuuming, cleaning and resupplying bathrooms, emptying trash bins and other activities. 11 Page 501 of 1207 They must also clean any spills or other hazards that occur to prevent injuries to people or property. They are also tasked with securing buildings in the evenings or opening them in the mornings. In addition to their daily cleaning duties, our staff are called upon to periodically perform heavy cleaning tasks. Shampooing carpets, waxing floors, and other specified tasks are common duties. They keep an eye on their cleaning supplies and equipment and reorder necessary inventory when needed. They also are expected to keep their tools and equipment in good working order and maintain a clean and orderly supply area. Our staff are reliable to problem solvers. They have good time management skills as well as the ability to work with minimal supervision and possess good communication skills. The Janitors have knowledge of methods used in the cleaning of buildings and the occupational hazards and safety rules and regulations. The staff designated for the BID No. 010-2511-1911T (REBID) will comply with the Scope of Services and Technical Requirements. (items 1 to 26) TECNHICAL EXPERIENCE Our company is renowned for excellent customer service combined with top quality and spotless cleaning. Kelly Janitorial Systems is proud to offer a long list of services. The technician team at KELLY JANITORIAL SYSTEMES, INC will create a unique cleaning plan depending on your flooring type, budget and needs. The way we approach floor cleaning will vary depending on the surface: Wood, Carpet, Tile, Vinyl etc. The team at Kelly Janitorial Systems, Inc is not satisfied with a basic surface level cleaning. Instead, we offer an innovative cleaning process that is sure to make your location sparkle, from upholstery to flooring. 12 Page 502 of 1207 The experienced and highly trained technicians at Kelly Janitorial Systems, Inc will not rest until your floors are properly restored, sealed, cleaned and sparkling. We can provide superior equipment and safe and proper cleaning products to guarantee a perfect finish. With us, you get the convenience of hiring just one company to provide many different services that keep your home looking great. Whether you have dirty carpets or stained stone, we are your top choice. The technician at Kelly Janitorial Systems, Inc is highly trained and experience in performing a range of services including: Carpet cleaning Tile and grout cleaning Upholstery cleaning Drapery cleaning Stone floor cleaning Water damage cleaning Strip and Wax Floor. Janitorial Services Day Porters and Maids Commercial Carpet Cleaning Upholstery Care Floor Care Light Cleaning Lighting Ballast/ Fuse Replacement Supplies and Equipment Post Construction Cleanup 13 Page 503 of 1207 Window Washing Pressure Washing Pre/Post Move-In Cleanup Restroom Cleaning and Restocking Water Evacuation. STRUCTURE WILL BE ASSIGNED TO THIS PROJECT (See Attached in Table of Content Attachments: Organizational Charts) . �...... Quantity Location Project Manager 1 City of Boynton Beach _..._.......... ......... _ _ _.. Supervisor 2 See F Organizational Charts assigned to r buildings Janitorial 16 See Organizational Charts assigned to buildings 14 Page 504 of 1207 Staff with titles and contact Information Name Title Contact Information —. Lina Hernandez Project Manager 786-499-6520 M..a Alejandra Giordano Supervisor 561-856-2850 __..... ......._ - .. Oscar Marrero Special team/Backup ` 772-249-6474 Juan Mejia Special team/Backup 786-278-2596 Graciela Antonio Janitor 786-631-9739 ........._....�_. Jodie Green Team Leader/Janitor 772-307-3394 Angelica Da Pino Janitor561-713-7887 ._ Pompilio Gutierrez Janitor 305-917-3872 ..... _....._ __............. _ Luisa Garcia Janitor 561-294-7628 Hilda Cruz Janitor 561-602-9108 Yadira Pastor Janitor 561-331-9921 Ramon Castro Janitor 954-687-2613 Janet Acuna Janitor 954-699-8886 15 Page 505 of 1207 PROJECT MANAGEMENT PLAN: (See Attached Table of Content Attachments: Scope Services) Start-up orientation program to bring facilities into compliance with quality standards. Service Schedule Cleaning service operations described in this comprehensive program will be performed 7 days per week (as needed) in two different shifts, with one day and a night crew. All services will have the supervision of our project manager and the assigned supervisors and team leaders to supervise and manage the night crew. Kelly Janitorial Systems, Inc is prepared to adapt this work schedule to coincide with the needs and requests of the customer provided that such requests do not alter the cost of operations. Invoicing All invoicing will be itemized according to monthly work or for special tasks. Invoicing will be on the last day of the month. Payment policy is net 30 days. Supervision Adequate personnel and supervision will be furnished to ensure quality service. STARTUP AND PHASE IN SCHEDULE Our personnel are interviewed to select the most reliable crew, making sure they live a few miles from the job assigned. After the selection, E-Verify, background check, photos ID, uniforms, training with green cleaning products and MSDS, and cleaning procedures and then we are ready to begin. 16 Page 506 of 1207 KELLY JANITORIAL SYSTEMS, INC will meet with client to discuss the schedule daily, weekly and monthly basis. Plus, security issues, building regulations, access cards/keys/alarm, etc. FIRST DAY., We always begin with a deep cleaning of the entire facilities with enough extra crew to reach the level of cleanliness required. Startup: Since this project involve a large area of cleaning, we will implement a phase plan, starting with the principal areas, then phasing the rest of the facility within 7 days or less, depending on operational constrain. Quality Inspections: The Project Manager will perform unannounced inspections at different times of the day. This practice assures KELLY JANITORIAL'S high standards and encourages feedback from our customers. Rules and Regulations: It is understood that KELLY JANITORIAL'S personnel shall comply with any building rules and that the schedule may vary from time(s) to time(s), according to the needs of CUSTOMER. Employee Status Personnel supplied by Kelly Janitorial Systems, Inc are deemed employees of Kelly Janitorial Systems, Inc and will not for any purpose be considered employees or agents of the customer. Equal Opportunity Employer Kelly Janitorial Systems, Inc is an equal opportunity employer. All necessary employment forms will be maintained by our office as required by law. Our Philosophy Kelly Janitorial Systems, Inc is committed to providing quality janitorial services that deliver the highest levels of customer satisfaction. 17 Page 507 of 1207 Here are a few important highlights: Before we start... All our cleaners are thoroughly trained on how to perform each cleaning task, as well as on important safety issues. Our goal is to clean each customer's facility professionally and safely. During the start... We know a seamless, no-hassle start-up is important to every customer. So, at Kelly Janitorial Systems, Inc, we combine up-front preparation and training with strong management and direction to ensure a smooth, successful startup. After the start... A systematic approach to keep your buildings looking good! At Kelly Janitorial Systems, Inc, we offer strong management and quality control to plan for, and not lose track of, the many necessary cleaning details. INSPECTION PROCEDURES. An inspection form is generated specific to job location, including but not limited to scope of service and frequency scale. Kelly Janitorial Systems, Inc identifies a list of work task, phase of Cleaning, which will be quality controlled. Each work task is subject to a series of inspections; before, during, after the work is complete. Each inspection verifies compliance with full scope of the relevant specifications; not limited check points for heightened awareness. REPORTING SYSTEMS Current system consists of inspection performed, and performance improvement. We use the acronym PDCA, which stands for plan, do, check, act. (See Attachments: Others PDCA) Phase 1: Performance Plan: At the beginning of the evaluation cycle, the Project Manager, supervisors and employees get together for a performance-planning meeting. In this session they discuss the employee's key responsibilities, goals and projects, behaviors and competencies, and professional development plans. 18 Page 508 of 1207 Phase 2: Performance Do. For the employee, the critical responsibility in Phase 2 is getting the job done—achieving the goals. For the Project Manager and supervisors, there are two major responsibilities: creating conditions that motivate, and confronting and correcting any performance problems. Over the course of the year the employee works to achieve the key responsibilities and goals of the job. The Project Manager provides coaching and feedback to the employee to increase the probability of success. The Project Manager creates conditions that motivate and resolves any performance problems that arise. Mid-way through the year they meet to review the employee performance against the plans and goals discussed in the performance planning meeting. Phase 3: Performance Check. As the time for the formal performance evaluation nears, the supervisor reads the employee's self-review and any feedback by colleagues that has been provided and reflects on how well the employee has performed over the course of the year. Prior to the evaluation meeting, the Project Manager may choose to meet with the employee to review the self-evaluation. This meeting is an opportunity for the employee to talk about his or her self-review and for the Project Manager and supervisors to listen and ask clarifying questions. One to two days prior to the evaluation meeting, the project manager an supervisors may print the evaluation for the employee to read in advance of the meeting to allow time for the employee to review the contents, which results in a more meaningful evaluation discussion. Phase 4: Performance Act (Evaluation). The form the Project Manager completed is reviewed with discussion about how well the employee performed during the year. At the 19 Page 509 of 1207 end of the meeting a performance planning discussion occurs, or a follow-up meeting may be scheduled. Performance Act is the final phase of an effective year-long performance management system. It involves the employee and the supervisor discussing the performance evaluation document that the supervisor has completed. Capabilities to respond to emergency or disaster situations including supply of specialized equipment required for Dewatering Methods or moisture removal tasks or other special cleaning services. Response time to emergency calls are completed within the range of 2 to 24hrs depending on severity of emergency. Disasters may strike at any time. However, being prepared for a particular disaster requires time, training, financial resources, and a response plan. Emergency Preparedness for emergency or disaster situations requires four primary considerations: • Actions taken before the ... • Actions taken during the • Actions taken after the ... • A program of scheduled maintenance to keep the plan effective and relevant. Organizational Manag ment. Organizational Management consist of an account supervisor (on call 24/7), responsible for overseeing the staffing and services provide. Supervisor will serve as liaison between City of Boyton Beach representative. Supervisor will conduct Onsight inspections as part of our PDCA. Performance improvement as well as follow up on any concerns, within the hour and corrective action taken with 24 hrs. The company will be assigned a member of our staff who will be available to meet with the Facilities Manager, on a bi-weekly or monthly basis for the purpose of reviewing the 20 Page 510 of 1207 performance of the contracted workforce and effecting what changes, if any, are necessary. Each three (3) months the company will be sending to the City of Boynton Beach the Janitorial Services Performance Survey Customer Satisfaction and the action plan we will to follow to improve the Services. The Staff of Kelly Janitorial Systems Inc., are responsible to perform and follow up the scope of services in daily, weekly, monthly and semi-Annual basis as described in this BID package, sign in-out every day through the system named Mygeotracking/agent, and make sure the facilities are secure and report any incident immediately. 21 Page 511 of 1207 BONDING CAPACITY Bonding capacity is important to our company as the capacity will determine which projects we can pursue. Kelly Janitorial Systems, Inc have Bonds issued on a case by case scenario, depending on the job classification and are issued singularly, and limited to one bond per job amount as per our contractor. Currently Kelly Janitorial Systems, Inc has projects assigned with different types of bond. These are the municipalities of which we have provided bonds for, City of Aventura, City of Lake Worth and Town of Cutler Bay. Insurance Kelly Janitorial Systems will furnish all forms of insurance and bonds required by law and shall maintain the same in force. • Comprehensive General Liability • Property Damage • Workers' Compensation • Dishonesty Bond ($500,000. oo) 22 Page 512 of 1207 LICENSE OR BUSINESS PERMITS Kelly janitorial has operations in several counties such as: Palm Beach, Broward, Martin County, Saint Lucie and Miami Dade. We have all required license and business permits. We have license in Miami — Dade County and Saint Lucie County. (Please see attached in License and Permits). Although we currently do not have an occupational license or local business tax, we have been providing service and conducting business since 2006. In Palm Beach County, Boca Raton, City of Lake Worth and Fort Pierce. We have a current contract with the Florida Turnpike since 2006 which spans from Miami- Dade County to Fort Pierce, with more than 15 employees including an Area manager, supervisors and janitorial staff and more than 100,000 square feet. Florida Turnpike: Pompano Beach MP65 — 80,000 SQFT. Deerfield Beach MP-22 —25,000 SQFT. Boca Raton Sun pass Center MP75 —42,000 SQFT. West Palm Beach MP99 — 19,150 SQFT, Ft. Pierce MP144 — 7,000 SQFT 23 Page 513 of 1207 City of Lake Worth: Custodial Services for City owned Buildings for more than 80,000+ square feet. In the city of Lake Worth, we began operations since 2017 and servicing 80,000+ square feet with a cleaning staff of 12 including an operations manager, a supervisor, janitorial staff and project crew. 24 Page 514 of 1207 CONTRACT ON HAND Client name: Cityof Lake Worth Client contact name: Felipe Lofaso Client address: 1749 3rd Avenue South Lake Worth, FL 33460 Client contact phone number: 561-586-1720. Client contact email address: flofaso@lakeworth.org Description of all services provided: We provide custodial services for 19 locations including: City hall, parks, Golf Course, Utility Complex, Library, Public Safety, City Hall Annex, Utility Conservation, Utility Administration, Utility Engineering, City Building Maintenance, Public Services, Utility Water trailers, Storm water, Water Plant, SYS OPS. Service include supplies and quarterly, semiannual maintenance of all the facilities mentioned. Performance period: November 01, 2017- September 30, 2020. Total amount of contract: $124,735.44. Annually. Client name: Martin County Parks and Recreations Client contact name: Deborah Werner. Client address: 2401 SE Monterrey Rd Stuart, FL 34996 Client contact phone: 772-221-1353 Client contact email address: dwerner@martin.fl.us 25 Page 515 of 1207 Description of all services provided: Custodial Services for parks restrooms facilities, offices and Communities Centers. Performance period: April 1st, 2018 to present. Total amount of contract: $200,000. oo Annual Approx. Client name: City Aventura. Client contact name: Julio Garcia Client address: 19200 W. Country Club Dr. Aventura FL 33180. Client contact phone: Ph.: 305-525-0896 Client contact email address: garciaj@cityofaventura.com Description of all services provided: We provide custodial services for several buildings including: City Hall, Police Department, 3 parks, Community Center and Art and Cultural Center. Service includes porters, supplies and quarterly, semiannual maintenance of all the facilities mentioned. Contract Period: Client since 1999-Current. (5 years of duration) Total amount of contract: $ 124,800.00. Annually Client name: Hawthorne Services, Inc. a Louis Berger company (Florida Turnpike Client contact name: Frank Natal Client address: 5929 SW 21St Street West Park, Florida 33023 Client contact phone number: 786-510-8631. 26 Page 516 of 1207 Client contact email: fnatal@louisberger.com Description of all services provided: We provide cleaning services for Facilities and Telecommunication Maintenance Offices, Central Repairs Depot, porter services, supplies and quarterly, semi-annual maintenance of the facilities: Snapper Creek MP19 — 68,000 SQFT Pompano Beach MP65 — 80,000 SQFT Deerfield Beach MP-22 —25,000 SQFT Coconut Creek— MP67 — 1000 SQFT (trailer) Boca Raton Sun pass Center MP75 —42,000 SQFT West Palm Beach MP99 — 19,150 SQFT Ft. Pierce MP144 — 7,000 SQFT Performance period: Client since 2006-Current Total amount of contract: $ 300,OOO.00. Annually. Client name: Bal Harbour Village Client contact name: Dominique Cave. Client contact phone number: 305-993-7368 Client address: 655 96th St Bal Harbour, FL 33154 Client contact email address: dcave@balharbourfl.gov 27 Page 517 of 1207 Description of all services provided: We provide custodial services for several buildings including: City hall, Police Administration, Police Operation, Recreation Center, Public work operation Centers. Performance period: Since September 2005 to present. Total amount of contract: $ 42,598.00 Annually. Client name: Town of Pembroke Parks Client contact name: Stephanie Woodbury Client address: 3150 SW 52nd Ave Pembroke Parks, FL 33023 Client contact phone number: 954.966.4602 Client contact email address: swoodbury@townofpembrokepark.com Description of all services provided: Custodial services for complete Building, supplies and quarterly, semiannual maintenance of all facilities. Performance period: Since 2013 to Present. Total amount of contract: $18,OOO.00. Annually. Client name: Waste Services Client contact name: Rosa Golden Client address: 3680 NW 135 ST Miami FL 33142 28 Page 518 of 1207 Client contact phone number: 305 694 7236. Fax: 305 633 2973 Client contact email address: rosa.golden@progressivewaste.com Description of all services provided: Custodial services for complete Building, supplies and quarterly, semiannual maintenance of all facilities. Performance period: Client since 2012 to Present. Total amount of contract: $11,422.32 Annually. _Client name: FISH AND WILDLIFE SOUTH REGIONAL OFFICE Client contact name: Lt. Randy Yanez. Client address: 3200 NE151 St North Miami, FL 33181 Client contact phone: 305-370-1236 Client contact email address: randy.yanez@MyFWC.com Description of all services provided: Janitorial Services for all offices and facilities Performance period: March 16th, 2018 to present. Total amount of contract: $7,560 oo. Annual Approx. OTHER CUSTOMERS: Town of Cutler Bay Police Athletic League of North Miami 29 Page 519 of 1207 LARGEST COMPLETED CONTRACTS Name of Client: City of North Miami. Address: 776 NW 125th Street North Miami, FI 33161 Phone No. 786-256-1037 Contact Person: Jorge Manresa. Brief Project Scope: Complete Building Janitorial Services in City Hall, Police Station, Museum of Contemporary Arts, North Miami Public Library, Community Centers and Parks. Contract Budget: $200,000 Annual. Square Feet: 100,000 Approx. Email: imaresaanorthmiamipolice.com Performance Period: March 1ST, 2013-January 1ST, 2017 Name of Client: City of South Miami. Address: 4795 SW 75th Av Miami, FI 33155 Phone No. 305-403-2071 Contact Person: Kelly Barket Jr. Brief Project Scope: Janitorial Services for the facilities and Buildings (6 Buildings and 4 Locations). Email: KBarket@southmiamifj.gov Performance Period: December 1ST, 2012 - January 1St, 2016 30 Page 520 of 1207 Name of Client: City of Aventura Aces Middle School. Address: 19200 West Country Club Aventura, FI 33180 Phone No. 305-466-8950 Contact Person: Julio Garcia Description of Services Provided: Daily Janitorial services Email: garciacit ofav ntura.com Performance Period: Award: March 1ST, 2013 - June 30, 2017 Client name: Florida Health Department Client address: 1325 NW 14th Av Miami, FL 33125 Contact Person: Jacquelina Cajina Client contact phone number: 305-325-2532 Client contact email address: jacqueline.cajina@flheath.gov Description of services provided: Custodial services for complete Building, supplies and quarterly, semiannual maintenance of all facilities. Performance period: January 2011 to June 2018. 31 Page 521 of 1207 REVIEW OF REFERENCES: Please see Contract on Hand or Bidder's Questionnaire, page 40 of this Package. Three (3) Projects Similar to this scope of services performed within the last five years: Project Name City of Lake Worth _ ......._ .............. Location 7 North Dixie Highway Lake Worth, FL 33460 Description of We provide custodial services for 19 M Work locations including: City hall, parks, Golf Course, Utility Complex, Library, Public - Safety, City Hall Annex, Utility Conservation, Utility Administration, Utility Engineering, �� City Building Maintenance, Public Services, Utility Water trailers, Storm water, Water Plant, SYS OPS. Service include supplies and quarterly, semiannual maintenance of L all the facilities mentioned. in Date of Contract 09-18-2017 � y 4� 7 4 �r - rtYtati t .. .�..........., Contract Award $124,735.44 Amount Contact Person Felipe Lofaso Telephone 561-586-1720 number E-mail Address flof o _1 k orth.or _._ ..�..... _._..,_ 32 Page 522 of 1207 � .,.M. .. .......------------------------------------------- Project Name Martin County Parks & Recreations Location Stuart, Palm City, Hobe m..r f Sound, Jensen Beach, Port Salerno. urt� Q Description of Work Custodial Services for 39 Parks restrooms, 16 Facilities, 3 Offices and Communities. S i4 e l 1 .,�.._— Date of Contract 04-01-2018 Contract Award $200,000 Annual E Amount '' . ._� Contact Person Deborah Werner .. _.......... ______...................... .. Telephone number 772-221-1353 E-mail Address rern rmrtin.fl.us 33 Page 523 of 1207 Project Name Hawthorne Services as a Louis Berger (FDOT) Location 's Pompano Beach, West Palm Beach, Deerfield Beach, Fort Pierce, Snapper Creek, Coconut Creek Description of We provide cleaning Work services for Facilities and Telecommunication Maintenance Offices Central Repairs Depot, porter services, supplies I , m' and quarterly, semi- annual maintenance of the facilities. Date of Contract 2006 Contract Award $300,000 Amount ............... Contact Person Frank Natal Telephone 786-510-8631 number i E-mail Address n taflouiserg r co 34 Page 524 of 1207 LIST OF EQUIPMENT'S: Kelly Janitorial Systems Inc. has in every facility all equipment needed to perform the tasks assigned.We only supply to our personnel commercial machines to assure the level of performance required by us and our clients. We will use eco-friendly cleaning products. Kelly Janitorial Systems will furnish and maintain all necessary cleaning equipment inclusive of but not limited to: floor machines, buffers, carpet extractor, vacuums, maid carts, mop buckets, wringers, mops and brooms. The customer agrees to provide a secure space for storage of this equipment, as may be necessary. Kelly Janitorial Systems will comply with current OSHA regulations and proven procedures pertaining to all work performed at the customer's location. As well as the recycle/environmental program ISO14001. List of Equipment that will be assigned to City of Boynton: Item Title or Description of Equipment Quantity Brand :Model # number __...._... ........ _ 1 Van Vehicles 1 Ford 2018 2 Van Vehicles 1 Ford 2013 3 Toyota Corolla 1 Toyota 2014 4 Van Vehicles 1 Ford 12009 1 5 Buffering Machines 10 Advance 2002 6 Stripping Machines 12 Advance 2000 _.-.m 7 Carpet Extractor Machines 8 I Advance 2016 i 8 Water Vacuum Machines 10Ridgid 2018 35 Page 525 of 1207 .. 9 Vacuum Cleaners +40 Sanitaire 2016 10 Pressure Cleaners Machine 3 Dewalt 12018 11 Carpet Cleaning Machines 3 Advance 12017 36 Page 526 of 1207 MATERIALS AND SUPPLIES: (Please see attached products specifications) Kelly Janitorial Systems, Inc will furnish all cleaning products and supplies inclusive of but not limited to: Ecolab brand Soap plus all Ecolab cleaning agents and disinfectants, all paper products by Georgia Pacific, liners, also will provide products for floor maintenance as Wax, strip, degreasers, pads and other cleaning chemicals, machines scrubbers, buffering equipment, spill vacuums, among others. Data Sheets for all green products will be submitted prior of the beginning of this contract. Cleaning products used by Kelly janitorial Systems, Inc use environmentally friendly and attached you will find the Safety Data Sheet (SDS) for each cleaning product likely to be used in the performance of this contract. All chemical bottles will be labeled. Mop heads will be cleaned professionally or replaced at least bi-weekly. Old dirty mop heads will be removed from the buildings and mop buckets will be emptied and cleaned after each use. 37 Page 527 of 1207 M"7 J . cc > �, t co ' . O O ; m O V - - CL CL W) O .., 717 3T, :A54 ama L OIle t ;mr -- ,, r W` '`""''" 3 = 5 r 'm u 2 8 $ a m is a E ti P ge 528 of 1207 d y W 3 L C '�O O c O Z U L 2 V O Z "�, U M .ti ti Q Q 1 Y r1 Q m m m m u x M M TSS 1 7 CL 00 C e a m.... m a ea C `'. E y N O a �! N ` d A G d 1p `1 m O p y d o0 00 `v U u O. n L Q E o ¢ p d w oLL ' 0. EG m „ 8 " LL Page 529 of 1207 u o Z C � o 2 y S E N 4 i p vi S E Z = c z 2 y 9 Z A 3 z Q o e u N O m e m nq• .1 — N _ u_ a H u m rl n E m N N o _ o N A a — er m c e C •+ w e ai d E o 0 0 e x o m E a a o w o — m 0 0 0 0 o a1 a m a1 a o a H CO C a N S rG ¢ . a Nu 03 u m C m a m Q w u m n ..� .., . ...... L... C ?• 5 u O d r ca ho C ` 'O CO.2 Y ` C C = m m " W C C N O a O m O y A 1p m •O = Y 3 d xt °� 'g a a e ? c a d a ¢ m y ac Ym > m 3N am. c " co � m "o QJ m amL am m' e ` £ m ` ' o " � " mELL ' Ea " E � Page 530 of 1207 ` " " c a u m m o m o a o 2 a o o w o 0 N m o o A d �o m " a d ` e Y p ` z > No 2 G m o z v ° Z an o r N o y � o ai .!i.m O. U.._O N Q W aT m O U N m v C w N S C C N 2 .2 w to 5 :1 S 5 eO[ w S - w ba ho m v m '� c-o m o m o e Q v w a v Q m M N e a .3 c a .� c a e c yw cu E t G r O c c Go v e CO u e m u e u u s o l7 .`�. .�-� Y °� t m CO ,my m p v Q O ° 0 0 0 0 0 e O LA "� u np w m o N u a 3 m w Z � QZ C0` Z Bozo � a � z dw = z „ oW � � m Page 531 of 1207 v m .u'-� a�0i " ti d N ,�-� o_ w 'S o .�.� = 'a ai E � v '+ c o � aZo N '' d V Y d V V N a V A O a O N 7 IC N 7 N d d N M 7 O x m O aC m O x m O a 0 m to a N Q a a m a oe d m a s e c Y L Y L Y L N L d N y N y 0 N a m 3 W 3 W W 3 NIL3 = _ 3 Page 532 of 1207 �= N Z •- N Z •�-� 1'/I Z y 2 N d 2 O H y Z U N 3 m N r3ii SAL:>r t B *ld F�or s Page 533 of 1207 e CITY OF BOYNTON BEACH BID DOCUMENT CHECKLIST* Initial each Required by required entry Submission Requirement owner and if required submit the item C or flash drive of Bid Proposal documents submitted. Bid must be Original and two 2 copies, alongwith one electronic co on CD signed by an authorized officer of the compan . Acknowledgement of Addenda, if applicable 13 Statement of Bidder's Qualifications submitted ,u 13 Schedule of Subcontractor's submitted E AJ-022 ® 13 Non-collusion Affidavit submitted ® Anti-Kickback Affidavit submitted NX- 13 Confirmation of Minority Owned Business submitted i Q Confirmation of Drug Free Workplace submitted ® Acknowledgement of Palm Beach County Inspector General submitted 121 Schedule of Subcontractors Form submitted • 13 Local Business Status Certification Form submitted w 12 Scrutinized Companies Form submitted 11 Copy of all Business Tax Receipt(s) along with License(s) of all subcontractor(s), if applicable ® Up-to-date list submitted of current maintenance equipment, including brands and model numbers, if applicable Bid Guarantee, if applicable (with Power of Attorney for full amount of Bid Bond) 4 Listing of anticipated staff with titles and contact information for Supervisory personnel 1�9 Price Sheets are signed? Bidder's Site Inspection Confirmation form signed by authorized representative and submitted? *This form need not be submitted. It is provided for bidder's use in assuring compliance with all required documentation. 34 Page 534 of 1207 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 Bid Title: "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" Bid Number: 010-2511-19/17 Bid Due: JANUARY 8, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: KEI I Y JANIMRIAL S-YSTE S INC Federal I.D. Number: 65-0779578 a A Corporation of the State of: FL R I D Area Code: 305 Telephone Number: Bao Area Code: 786 FAX Number: 953-7836 Mailing Address: 4805 NW 79 AV SUITE 05 City/State/Zip: DORAL FI_ 33166 Vendor Mailing Date: E-Mail Address: -ketly_@kpllyjanitorial.com _ p Autho,r,i ed Signature a Adriana Tnvar Name Typed e THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 35 Page 535 of 1207 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID SHEET TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. In accordance with the General Conditions, Special Conditions, Scope of Services and Technical Requirements, the undersigned bidder offers pricing and services as per the Electronic Bid Pricing Sheet attached herewith as Attachment A: Instruction for completing the Electronic Bid Pricing Sheet: 1. Download the Electronic Bid Pricing sheet, in Microsoft Excel format, from DemandStar.com. Respond to this bid by inputting the company's information and the unit pricing into the Excel spreadsheet. The price sheet is formatted. 2. Once the Electronic Bid Pricing Sheet is completed, bidder should save the Excel file. 3. Print the completed Electronic Bid Pricing Sheet; sign and date where indicated. 4. Bidder must submit, in one envelope, the printed signed Electronic Bid Pricing Sheet with the bidder's complete, original bid submission, as well as a complete copy of the bid with electronic bid pricing sheet saved in .xis (Excel) format as per the General Conditions and Special Conditions. 5. If bidder is unable to electronically fill out the Electronic Bid Pricing Sheet with its bid submittal, bidder must submit a hardcopy of the Sheet with handwritten unit prices and extensions. 6. It is the Bidder's responsibility to monitor DemandStar for any issued addenda. Addenda may include revised Electronic Bid Pricing Sheets that will need to be downloaded, properly filled out, and submitted by the Bidder. NAME OF COMPANY: KELLY JANITORIAL SYSTEMS, INC THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 36 Page 536 of 1207 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID SHEET (continued) KELLY JANITORIAL SYSTEMS, INC Adriana Tovar COMPANY NAME NAME OF AUTHORIZED REPRESENTATIVE (PRINT) 4805 NW 79 AV Suite 05 President STREET ADDRESS TITLE Doral, FL 33166 kelly@kellyjanitorial.com CITY, STATE,ZIPCODE E-MAADDRESS i 305-456-1864 ' TELEPHONE NUMBER AUTHORIZED SIGNATURE 1. S5 e THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 Page 537 of 1207 e BIDDER'S QUESTIONNAIRE The signatory of the Statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to complete and return this Statement, or any false statement therein may render a bid non-responsive at the sole discretion of the City of Boynton Beach. All portions of the Statement must be completed. Bid 4-010-2511-19 IT(Rebid) Company Name Kelly Janitorial Systems, Inc Address 4805 NW 79 AV Suite 05 Doral FL 33166 Telephone 305-456-1864 E-mail Address kelt m@kellyanitorial.com 1. If a corporation,please answer the following: Date of Incorporation: 09-11-1997 In what state: Florida President's Name: Adriana Tovar Vice President's Name: Juan Carlos Rodriguez Secretary's Name: Treasurer's Name: Luisa Rodriguez 2. If a partnership,please answer the following: Date of Organization: General or association? Name and Address of each general partner 3. If neither a corporation nor partnership,please provide the following information: Type of business organization: Date of Organization: Name and Address of each principal: 4. Current State of Florida Certified Contractor's License Number Expiration Date 5. Name of license holder/qualifying agent exactly as it appears on file with the State of Florida's Construction Industry Licensing Board: 6. Current City of Boynton Beach Occupational License Number (if applicable)Expiration Date 7. DUNS# THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 Page 538 of 1207 8. Federal Employer ID# (FEIN)__w 65-0779578 9. Are you a Disadvantage Business Enterprise (DBE) or Woman-Owned Business Enterprise (WBE)? Yes ❑No ® If yes,provide Certificate. 10.Are you a small business as defined by the SBA?Yes ❑No ® If yes, number of employees 11.Number of years in business under this name: 21 years 12.Number of years in business under other names: 13. How many years' experience in performing the type of work called for in this bid? 21 years 14. In what other lines of business do you or your organization or any partners thereof have financial interests? 15. Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of City of Boynton Beach? Yes ❑No ® If yes, you may not submit a bid (see instructions to bidders). 16. Have you or your organization, or any office or partner thereof,failed to complete a ' contract? Yes ❑No 17. Has your organization ever been assessed liquidated damages for failing to complete a Contract within the time specified in the Contract Documents? Yes ❑No FN 18. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five(5)years? Yes ❑No 71 19. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws,the Business and Professions Regulation statutes, Civil or Criminal decisions?Yes ❑No 20. Have there been any suits, liens or surety claims against you or your organization over the past five (5)years for non-payment of sums due subcontractors or suppliers for work completed?Yes ❑No Q 21. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years?Yes ❑No 22. Is either the Bidder or its principals presently debarred, suspended,proposed for disbarment, declared ineligible or voluntarily excluded from participation in this THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 Page 539 of 1207 transaction by any Federal department or agency?Yes ❑No 23. Provide a list of equipment available to perform the work. Attach additional sheets as needed. 24. Provide a list of anticipated staff with titles and contact information for Supervisory personnel. Attach additional sheets as needed. Please explain all questions answered "yes" in questions above on a separate sheet of paper along with this Statement, if necessary. Bidder must provide proof of a minimum of three (3)projects similar to this scope of services performed within the last five years: Project Name_City_of lake Worth_, Location 7 North Dixie Highway Lake Worth FL 33460 Description of Work Provide Custodial Services for 19 facilities. Date of Contract 09-18-2017 Contract Award Amount $124,735.44 Contact Person Felipe Lofaso _....... Telephone Number.. 561-5$ -1720 E-mail Address kellr( kellyjanitorial.com Project Name Martin County Parks and Recreations Location Stuart, Palm City, Hobe Sound, Jensen Beach, Port Salerno Description of Work Custodial Services for 39 Parks and 16 Communities Date of Contract 04-01-2018 Contract Award Amount S 200 000.00 Annual Contact Person Deborah Werner Telephone Number 772-221-1353 E-mail Address dwemer@martin.fl.us Project Name Hawthorne Services as Louis Berger(FDOT) Location:Pompano Beach Boca Raton,Deerfield Beach,West Palm Beach,Fort Pierce,Coconut Creek,Snapper Creek. Description of Work Cleaning services for the facilities and telecommunications maintenance office Date of Contract 2006 _ Contract Award Amount:$300,000.00 Contact Person Frank Natal Telephone Number 786-510-8631 E-mail Address fnatal 0ouisberger.com NON COLLUSION AFFIDAVIT OF PRIME BIDDER THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 Page 540 of 1207 State of Florida County of Miami-Dade Adriana Tovar being first duly sworn, deposes and says that: 1) He is President of Kelly Janitorial Janitorial Systems, Inc (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, ' connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. f (Signed, y Subscribed and sworn to before me (Title) President . " This 7 day of January 2019 My commission expires May.5, 2019 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 41 Page 541 of 1207 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PAI M BEAet ) L I — I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: 21 NAME - SIGNATURE Sworn and subscribed before me this fie' day of lanuary 2019 Printed Information: 1 Adriana Tovar NAME President ,X- TITLE N PUBLIC State of Florida at L rge Kelly Janitorial Systems, Inc COMPANY y P Katherine A.Cruz Commission#GG00011 Expires: July 4, 2020 ``"l'° ``' Bonded thru Aaron Notary ®� "OFFICIAL NOTARY SEAL" STAMP 1 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 542 of 1207 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? _ X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO_x If YES, Name the Organization from which this certification was obtained and date: r� Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 543 of 1207 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited, in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. ' 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. + As the person authorized to sign the statement, I certify that t IWs firm complies fully with the above requirements. Vendor's Signature 44 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 544 of 1207 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Kelly Janitorial Systems. Inc CONTRACTOR NAME By Adriana Tovar Title: President Date: 01-06-2019 , THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 45 Page 545 of 1207 C) _ .. m o = OCD n I CD- C) 0 * o y rn 3 m Z o ° m Z 2) = yry) CD Da �. y m `C ID 0 N a 3 C O u, CO 75) y C Q a s OD� --170 CL 0 CDM N ( C tD N W 0 N CD �_ 'O O O n O U1 cn w' (D PL fD r A3 Ol =O 9r CD 0 p cc = s v y p a 0 n, CD Ca N lD O ... ®:.... 0 n V1 3 3 _ f. Q O O y �. = N > CL _{ N CD n y N Z O = 'G 0 c N oD � � o v " O cy Nm o m' � n CL CD rr C) (1 y Z n mW M W 0 �a D O m m ° m � m m 0) (D N a y < � c o vo -h c S0 c0 poo = �c I 1 6 � 3 cn wm n CD a � � 33 O � m m - Z m 0 O C s O -1 Me Ti a n CD 0 y = I.. y n CD n a03W mO v o CD y c� 0 -0 0 70 C fD - F CD .+ 0 0n CD y � c G1Z as m m mr CD � o jDn m -0 mm 3•"rn p .CL -4. p WD r '. °oma m z �N 0. foo CD 3 J �D CD C a) a) D Z CD r cn O °o S 3 rn 3 CD' Z 0 L G) CD CL o _ = s D D n CD O cQ m NO . W o cp N O O 0 m 0 0 p CD v c m CO) m m rn o ii CD 0 �; 3 0 Cl) — -h ., 2 0 0 N Q cDr* y o = M CD = v ! m m CD i � r* o 0 I c__ �. �,.. ........- y ON cr Page 546 of 1207 0 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Adriana Tovar , the pmajdaol _ of (Name of officer of company) (Title of officer of company) Kelly Janitorial Systems- Inc , located at 4805 NW 79 Av Suite 05 Doral FL 33166 (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: Kelly Janitorial Systems, Inc 1. Is the business located within the City limits YES NO [Number of Years: of Boynton Beach, Florida? X 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: X 7236968 3. Is the business registered with the Florida YES NO Division of Corporations? X I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local busine 7 Print Name: Signature ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: F-1 Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 47 Page 547 of 1207 4 : aAn i CERTIFICATION PU SUANT TO FLORIDA 9 STATUTE § 287.135 I, Adriana Tov r on behalf of Kelly Janitorial Systems, Inc certify Print Name and Title Company Name that lly alanitrilvt Inr_does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; an & Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall m provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety ( 0) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for cods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 2150473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "ContractorName" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida ® Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a 48 Page 548 of 1207 false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the an Petroleum Energy Sector List. r Kelly Janitorial Systems, Inc '' COMPANY NAME SICK.NATURE d� Adriana Tovar President PRINT NAME TITLE 0 4 49 Page 549 of 1207 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: N/A ADDRESS: N/A TELEPHONE: N/A SIGNATURE: N/A DATE: NSA WE, the undersigned have declined to bid on your Bid No.: 010-2511_-19/IT for "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only N/A (explain below) N/A Insufficient time to respond to the Invitation to Bid N/A We do not offer this product or an equivalent N/A Our product schedule would not permit us to perform N/A Unable to meet specifications N/A Unable to meet bond requirements N/A Specifications unclear(explain below) N/A Other(specify below) REMARKS: 50 Page 550 of 1207 MANDATORY BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID NUMBER: 010-2511-19JIT DATE: le -114 1 l Before me, the undersigned authority, authorized to take acknowledgements personally appeared: as an authorized representative of: (hereinafter called the bidder) located at and that said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. 1 t �r 3� a�Ls MM 0 } t?t i`l\ 5`��Yc �`-� " �z{ + & c? 1 « . . s City Hall Bldg. 3301 Quantum Blvd.,Suite 101 " 12,18 Billing/Police Sub-station/Internal Affairs 12,11-1 209 N.Seacrest Ave Police Department 2045 High Ridge Road ' s 51 Page 551 of 1207 w- - s e - w g9 F �s �� f e ew ods Q s® gc m3 ? z TAWlt O O w W a w m 41�gi w �- � � s _ into � V a g $lei $❑ w w 3a a w v $w$aa,s-.8�$a'�a 8. 3 1 s<s °s'�a� 's' W v e W o� < < 11 o a a a v a 'a' ON ON • LM v, cn v+ w w u+ v+ w v+ Ul m m � �,u�� Q a, fig ir m mO ma C� m ami. s� »; 4 Page 552 W 1207 e 'aa mm . 4 _ 6 � B a . ` X45`9 l� .m,��.rl stip A; `Y4,\g?S}i ��; t+ w, t{'. � ! 1 e ° 7� V V V V V V V V M V V V M V V V V W '4 V g � it`i s i 4 S Q gm-c S•r4 Mm � i qFtA m Page 553 of 1207 n a s w o _ 3 3 y q I f s � s �{ (1 fl !; i} o^ a a 1 0 o P z G1 O rt C aom a � R.Iwi c � m a � y �r t g 3;$ -oU.PFm� II: p O y p gel m 9._ r Page 554 of 1207 a 3 zz —3 o n y n s � r e 3 m w 3 i 3 I W w w e w a v m A —A a z � _ ma x a' a a ri a o " m 8e Bea 3 3 8 v 3 3 w a n a r') } � C !t t:..•} s t;�tt.ti fD cu ��s S k k onm 3 n� 3;fit 3p It I� 3 Page 555 of 1207 3 !`3 8 n . oz e o w m ^• w o S M tt\1,s {j�� !��\ �� I, n(, x, ly, •.,�: -t, Y'3'� �t ),,1., ,�II ,�:# t� +}'��l�l7f:�21,�} i �,i, ,�( t, I 1 I�,`i{r � t, m 'N tr 2 r C m W 41 � 1 } Page 556 of 1207 e�aw ro r a �° c� a9 E®5g 1 � 2 W 0 rPl �1 smile",, a - w wl rri e o rn In 1) Q "Ak't lu lu �v o � t71 { I 1 Page 557 of 1207 0 0 m 0 ,1 o m cfi x 0 o N `.D D (� ori < z n w m T a z Y c x 0 10 'o ap w 0 3 Z O D y S @ A O. N co s D cn < u m N 3 (( C N coN. m Q m m w N . z 0 0 A < m ID 'o o m c� o N � 7 � � S d CD M d C � h, � O D Da SE m 0 m n m `q ro 3 a Xz CD D 7 CA CD - tCL CL 0 C 10 r X a = iD o m n ,. W D can N ro cn CD3 ro r - Zq o T O y ro 0 0_ c ro m m � s ro d a a 3 CD R. CL m m f 0 0 c m 0 0 N CL CD m FL Page 558 of 1207 1 .tAa„n' e3PY1;i� 1 Page 559 of 1207 CHRIS CRAFT r TAX COLLECTOR S LUCIE COUN i Y i St. Lucie County Local Business Tax Receipt Facilities or machines # Rooms # Seats# Employees #7 Receipt #1023543 Type of business 7349 CLEANERS/JANITORIAL(Cleaning Expires SEPTEMBER 30; 2019 Service) DBA name Business Kelly Janitorial Systems Inc Mailing address: Kelly Janitorial Systems, Inc Business location: 2597 SW Calder Street 4805 nw 79 av Port Saint Lucie, FI 34953 suite 05 Doral, Fl 33166 RENEWAL City of Pt St Lucie Original tax: $27.55 P97000078879 Penalty: 'Collection cost: Paid 07/11/2018 27.55 0025-20180711-024409 Total: $27.55 Law requires this Local Business Tax Receipt to be displayed conspicuously at the place of business in such a manner that it can be open to the view of the public and subject to inspection by all duly authorized officers of the county. Upon failure to do so,the local business taxpayer shall be subject to the payment of another Local Business Tax for the same business,profession or occupation. Pursuant to Florida law, all Local Business Tax Receipts shall be sold by the Tax Collector beginning July 1 of each year and shall expire on September 30 of the succeeding year. Those Local Business Tax Receipts renewed beginning October 1 shall be delinquent and subject to a delinquency penalty of 10 percent for the month of October. An additional 5 percent penalty for each month of delinquency is added until paid, provided that the total delinquency penalty shall not exceed 25 percent of the Local Business Tax for the delinquent establishment. In addition to the penalty,the Tax Collector is entitled to a collection fee of$1 to$5. This fee is based on the amount of Local Business Tax, which will be collected from delinquent taxpayers after September 30 of the business year. This receipt is a Local Business Tax only. It does not permit the local business taxpayer to violate any existing regulatory or zoning laws of the state;county or city. It also does not exempt the local business taxpayer from any other taxes, licenses or permits that may be required by law. Pursuant to Florida law, Local Business Taxes are subject to change. e 0 Kelly Janitorial Systems, Inc 4805 nw 79 av suite 05 Doral, FI 33166 Page 560 of 1207 JODUBOSweO LIJIM PGUUBOS e. R. r 1 . , .✓ CA co Q � LU _X">L , [k ,LU CO ui U) M a tso ,- ® //, ' w cc ID OW ' Z ® +z O (L Z ® � O ��: N z % O L �9 !li ta 00 co 0 LO rt M � ui a w _ w, ; .` v 0` � . "' zz- u.l _ rn CL v�LO r � UL w '°'—r 0 f� z z -' ED Cc `n Q co p <1 o w d 'r 0 ca az z w 09 w ca m o OU < w o Page 561 of 1207 .iauueOSuae3 411M pouueos oho = U ® 0 0 Ow 0 FW N d = J _ d U Z F 09 0U W !1.J ® in UUZ Z U w 0 0 2 F- �. 9w} d mtal LU i� LL Q ®9 Z 6)0 Wlb &D7 A761 2LLA w � zlo E in f I cr, i A N z 7 s ,vv � Z 0 : X m h '1r i Zh W cr 0 ® W s h Q J O a 0z LU Jd d Q d J 2 N W Lh tD F- L E- E d O Q W y... U a 0 0 ce Z W U U. 9 wwZ m j0 � c W a LO F" w N ° 0 w w z N 0 M cc 0- Page 562 of 1207 Detail by Entity Name Page 1 of 3 F qo 0 tip,anmen of State DIVISION OF CORPORATIONS t ® Dez.Lartment of State / Division of Conrora#ions I Search Records / Detail By Document Number I Detail by Entity Name Florida Profit Corporation KELLY JANITORIAL SYSTEMS INC. Filing Information Document Number P97000078879 FEI/EIN Number 65-0779578 Date Filed 09/11/1997 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 09/15/2017 Event Effective Date NONE Principal Address 4805 NW 79 AVE STE 05 DORAL, FL 33166 ® Changed: 11/09/2017 Matlina Address 4805 NW 79 AVE STE 05 DORAL, FL 33166 Changed: 11109/2017 Registered Agent Name&Address Hernandez, Lina 4805 NW 79th Ave. Suite 05 Doral,FL 33166 Name Changed:01/30/2018 Address Changed:01/30/2018 Officer/Director Detail Name&Address Title Director, President Tovar de Rodriguez,Adriana Ysabel http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity...PapA�R 90f 1207 Detail by Entity Name Page 2 of 3 4805 NW 79th Avenue Suite 05 Doral, FL 33166 Title Director,VP Rodriguez,Juan Carlos 4805 NW 79 Avenue Suite 05 Doral, FL 33166 Title Secretary,Treasurer Rodriguez, Luisa 4805 NW 79 Avenue ® Suite 05 Doral, FL 33166 Annual_Reoort_s Report Year Filed Date 2016 04/06/2016 2017 03/10/2017 2018 01/30/2018 Document Images 01;3012018- ANNUAL,REP0.R7 View Image in PDF format 09115/2017-7 Amendment View image in PDF format 03/1012017—ANNUAL REPORT View image in PDF format 04/0612016--ANNUAL REPORT I View image in PDF format 0411514015,--ANNUAL REPORT 17 View i nage in PDF format 0413012014—AMENDED ANNUAL.REPORT View image in PDF format 04/01/2014=ANNUAL REPORT View Image in PDF format 04+0412013,.-ANNUAL REPORT View image in PDF format 01/11/2012—_ANNUAL REPORT View image in PDF format 0211712011—ANNUAL REPORT View image in PDF format 0208/2010--ANNUAL REPORT View image in PDF format 03123;2009—ANNUAL REPORT View image in PDF format 04/16/2008—ANNUAL REPORT View image in PDF format 0312912007--ANNUAL REPORT View image in PDF format 04126Y2006--ANNUAL REPORT ( View image in PDF format 04/27/2005-ANNUAL REPORT View image in PDF format Q 04;2912004-_ANNUAL REPORTView image in PDF fonita4 03117/2003—ANNUAL,REPORT View image in PDF fonxtat 04116/2002_,.,ANNUAL REPORT View image it PDF format Q211_5/200I_—ANN UAL REPORT View image in PDF format 04123/2000--ANNUAL REPORT View,mage in PDF format 04106/1999__ANNUAL REPORT View image in PDF format 04129/199B--ANNUAL REPORT View image in PDF for=mat0911,111997--Domestic Profit Articles View image in PDF format Pa �/ � of 1207 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... Detail by Entity Name Page 3 of 3 / F*Aa?syarti—A o.Stara,DMs ir.of Co,ro- uons http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... PagMrW 1207 t ..uwll u�hi ry rrm;max: Insurance Cert *lflcates, Page 566 of 1207 ALPHAGRO13 )MMlDDIYYVYI CERTIFICATE LIABILITY INSURANCE10!25!201$ 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. IMPORIANTI If the certificate holder is an ADDITIONAL INSURED,the poticy(les)must have ADDITIONAL INSUFtEQ provisions or he endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement($). PRODUCER Certificate 1?;partment Commercial Lines-(813)639-3000 PHONE ---�-r� iAIC,No,Exq, $13-639-3000 I(tea NaI• USI Insurance Services National,Inc. nnV ceriiflcaterequest@aiphastaff.com 2502 N.Rocky Point Drive,Suite 400 'W _.d.._. INsudsrtt$1Al�r?ItrsNo `OI~ NAIca Tampa,FL 33607 wsURERA:R Wesco insurance Company ^--��25011 INSURED .. _. .. __ _. .__._._........ _..... . INSURER a: Technology Insurance Company 42376 AiphaStaff Group Inc Labor Contractor for]eased workers to: Kelly Janitorial Systems,Inc.#440694 INSURER o; 800 Corporate Drive Suite 600 INOURER E; Fort Lauderdale FL 33334 WUJqER r COVERAGES CERTIFICATE NUMBER: 1 W898-11 REVISION NUMBER: See below THIS IS TO CFR:IIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE.t31 LN ISSUFp TO THF INSURED NAMFQ ABOVE 1 QR THE POLICY PCRlol3 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 SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS_ . wsR__ __-�.__ ._ . ....__._-__.._.___._ ...-._.Xc6L bh �. _j aoLlcv Elf Pou�"Y EXP LTR TYPE OF INSURANCE ._,.JNS' POLICY NUMBER _ Y1pLt]VY YY �Mp#�,P,k{t1V`�`�R4� .. m.. .. _J COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO RENTED CLAIHIS-MADE I OCCUR ,PREISt:S(faoncuncej S ....,�....._._... MED FXP(Any one person) (S P PFRSONAL BADV IN.IURY S I3hrLA03RFGAIE LIMIT APPLIES PER: GFNERALAGGREGAIE I$ _ 6?6X tBY JECT. LOC PRODUCTS COMPiOP AGG S i71 PIER is _ AUTOMOBILE LIABILITY 4- Fti31Wa t'r�vdiw,�l ;C13"� g w ANY AUT G _____ BODILY INJURY(Pet person) OWNED 1 SCHEDULED ] 80DIIy INJURY Per vcide;nl} S AUTOS ONLY1 AUTOS ]HIRED ItNON OWNED i PROPERtYDA1,IAGE S AUTOS ONLY AUTOSONLY I I ;'fir ,,,_g„il„ , , , ,.®- �. - - , ....,,, IS UMBRELLALIAB� OCCUR - (EASiIOCCLIRRENCF 5 _, EXCESS LIAB CI AIMS MADE. g AOCRi GATF 5 I,ova TEN11ONS . S WORKERS COMPENSATION ` p' AND EMPLOYERS'LIABILIrY Y!N WWC3361031 (FL} 711121)1$ 7/1/2019 x I lATl-- 1 J-1; TtrYAI rPA,ET WARTNGR'CxECUTIVEo? TWC3724762(AOS) 7/1/2018 7/1/2019 P.O. EA0#AC�NT ;s 1,0000oo YRsIM Exr, Ifilan to;qty In NH) LUlN 141A. E I.DISEASE-EA EMPLOYE: J 1,000000 1 S RIPTIt M Gh(I€FR„Tlrltror 9raltYtt I E L DI$FASE-POLICY LIMIT I S ti,000000 e j DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if mare space is mqulred) CEFMFICATE HOLDER CANCELLATION _ I City Of Boynton Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE f 3301 Quantum Blvd.Suite 101 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach,Florida 33426 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) Page 567 of 1207 C CERTIFICATE E TIFIpT F LIABILITY ® ILIL INSURANCE pVCE DATEIMMIDDfYYYY) .m..�..._ T _ 10125!2018 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TAC 1 Raul Sardine,CIC _ NAME: Sardy's Group Corporation (PHONE �d (305)485-0116 }. {3055 485-0633 10126 W.Flagler 5t. ADDRESS, sardy0be11south.net INSURER(SI AFFORDING COVERAGE NAIL# Miami,FL 33174 INsuRERA: Wesco Insurance Co. INSURED .....—.. :.�.�.-. INSURERS: Progressive Express ins Company Kelly Janitorial Systems,Inc. INSURER c. Old Republic Surety CO; 40444 8200 Nw 52nd Ter Ste 103 INSURER 0- INSUR.ER.i<: Doral FL 33166 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: :'HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I 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. , HdS'R'T_ _-_- � .. ...If Ai DL'Ix U�t�l ._ 1 .Pf}LlCY ECF i POLICY I LTR....._ TYPE OF INSURANCE ,/NSD (J POLICY NUMBERLIMITS ..�.�.. __.:_. ..e...-..,.,;fhW 1�,�l�G�dYYvYp t�"latll47 '`§"YYI i _......... r X COMMERCIAL GENERAL uaelLlTY LER 1$ 1,000 000.00 CLAIMS-MADE X AWETOMTED OCCUR p' RElI4lSEs �«arreu) ioo,oao.00- MED ERP(Any one person) '$ 10,000.00 -.._.. ._....„...... .............. .«__.,._-... ...._. ...- .......,_._�. I A µ' WPP1502767 02 110123120181 10/23/20 19 1 PERSONAL&ADV INJURY Is 1,000,000.00 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000.00 X POLICY JE£:T t l LOC ! t PRODUCTS-COMP'OP AGG I s 2,000,000.00 OTHER; $ d� AUTOMOBILE LIABILITY _.ITS, • - _._ 7$ i ANY AUTO BODILY INJURY(Per person) $ 25,000.00 B • _ ALL OWNED SCHEDULED AUTOS X AUTOs 06239066-1 06/22/2018 1 06/22/2019 BODILY INJURY(Per aceldent)I$ 50,000.00 T HIRED AUTOS AUTOSWNED ! � ?A� $ 25,000.00 �. PIP $ 10,000.00 UMBRELLA LIAR !OCCUR d1 OCCURRENCE... _ $ EXCESS LIAa AGGREGATE r CLAIMS MADE' ! BIs PED RETENTION «.,�.e......,.u...--.- �....� WORKERS COMPENSATION STAT TE pR AND EMPLOYERS'UA81Ln'YY IN I -" ANY PV RIE(OPJPARTNERIEXECUTIVE EL EAC OFF)CERIMEM"R EXCLUDED? ©N f A i _ H ACCIDENT $ v _ i(Rra U4"ry in NH) E1.DISEASE-EA EMPLOYE'$ RIPTION OF OPERATIONS b IIow i f E.L.DISEASE POLICY LIMIT $ 1 I Kelly Janitorial Dishonesty Bond Bond Amount $10,000.00 C W150193671 05/16/2018 i 05116/2019 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,mey be attached If mare space is required). Janitorial Service-Location:4805 NW 79th Ave.Suite 05,Doral,FI.33166 Certificate holder is additional insured perform CG330730 10/13 on a primary noncontributory basis. r 2013 Ford Transit Connect NMOLS7ANODT158740 2017 Ford T-250 Transit V 1FTYR2CM6HKA44748 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 3301 Quantum Blvd Ste 101 AUTHORIZED REPRESENTATIVE Boynton Beach,FL 33426 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 568 of 1207 TRAVELERS wrap'f-D CRIME DECLARATIONS POLICY NO. 100037494 Travelers Casualty and Surety Company of America Hartford,Connecticut (A Stock Insurance Company, herein called the Company) ma - a........ ._, ......_..._...... ..... .n..� ITEM 1 NAMED INSURED: KELLY JANITORIAL SYSTEMS i I D/B/A: i i is i I i Principal Address: 4805 NW 79TH AVE, STE 5 DORAL, FL 33166 i i P66 _....e,,.__._. .._�. .------- ITEM 2 POLICY PERIOD: Inception Date: November 29,2017 Expiration Date: November 29,2018 12:01 A.M. standard time both dates at the Principal Address stated in ITEM 1. ITEM 3 ALL NOTICES OF CLAIM OR LOSS MUST BE SENT TO THE COMPANY BY EMAIL, FACSIMILE,OR # MAIL AS SET FORTH BELOW: Email: BSlclaims@travelers.com t Fax: (888)460-6622 i Mail:Travelers Bond &Specialty Insurance Claim 385 Washington St.—Mail Code 9275-NB03F St Paul,MN 55102 j 1 ITEM 4 COVERAGE INCLUDED AS OF THE INCEPTION DATE IN ITEM 2: Crime CRI-2001 Ed.01-09 Printed in U.S.A. Page 1 of 4 02009 The Travelers Companies, Inc.All Rights Reserved Page 569 of 1207 ITEM 5 CRIME. n. .. �� _ _ . w� ._�... Single Loss Single Loss j Insur!n Agreement Limit of Insurance — Retention j A Fidelity 1. Employee Theft Not Covered 2. ERISA Fidelity Not Covered 3. Employee Theft of Client Property $500,000 $5,000 i ' I B. Forgery or Alteration Not Covered C. On Premises Not Covered DIn Transit Not Covered E. Money Orders and Counterfeit Money Not Covered I .. am __ _.m.� . i .. nr.. F. Computer Crime 1 1. Computer Fraud [ Not Covered 2. Computer Program and Electronic Data Restoration Expense Not Covered G. Funds Transfer Fraud Not Covered I - _ . H. Personal Accounts Protection I 1. Personal Accounts Forgery or Not Covered s Alteration 2. Identity Fraud Expense Reimbursement Not Covered { I Claim Expense $5,000 x ense $5,000 $0 CRI-2001 Ed.W-09 Printed in U.S.A. Page 2 of 4 02009 The Travelers Companies, Inc.All Rights Reserved Page 570 of 1207 ITEM 5. (Cont'd) If"Not Covered" is inserted above opposite any specified Insuring Agreement, or if no amount is included in the Limit of Insurance, such Insuring Agreement and any other reference thereto is deemed to be deleted from this Crime Policy. i Policy Aggregate Limit of Insurance: ®Applicable ® Not Applicable If a Policy Aggregate Limit of Insurance is applicable,then the Policy Aggregate Limit of Insurance for each Policy Period for Insuring Agreements A through H, inclusive, is: Not Applicable If a Policy Aggregate Limit of Insurance is not included, then this Crime Policy is not subject to a Policy Aggregate Limit of Insurance as set forth in Section V. CONDITIONS B. PROVISIONS AFFECTING LOSS ADJUSTMENT AND SETTLEMENT 1. j pit QfJrA MnW a. 1i ggr t _L MM. Cancellation of Prior Insurance: By acceptance of this Crime Policy, the Insured gives the Company notice canceling prior policies or bonds issued by the Company that are designated by policy or bond numbers Not Applicable, such cancellation to be effective at the time this Crime Policy becomes effective. INSURED'S PREMISES COVERED: All Premises of the Insured in the United States of America, its territories and possessions, Canada, or any! other country throughout the world, except: Not Applicable ITEM 6 PREMIUM FOR THE POLICY PERIOD: $1,241.00 Policy Premium J f NIA Annual Installment Premium ITEM 7 FORMS AND ENDORSEMENTS ATTACHED AT ISSUANCE: � � ACF-7006-0511; CRI-4031-0109; CRI-3001-0109; CRI-19060-0713; CRI-19072-0315; CRI-19076-0116; CRI-4029-0210; CRI-5010-0613;CRI-7021-0116; CRI-19097.0517 i i CRI-2001 Ed.01-09 Printed in U.S.A. Page 3 of 4 ©2009 The Travelers Companies,Inc.All Rights Reserved Page 571 of 1207 THE DECLARATIONS,THE APPLICATION,THE CRIME TERMS AND CONDITIONS,ANY PURCHASED INSURING AGREEMENTS, AND ANY ENDORSEMENTS ATTACHED THERETO, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE COMPANY AND THE NAMED INSURED. Countersigned By IN WITNESS WHEREOF,the Company has caused this policy to be signed by its authorized officers. Executive Vice President Corporate Secretary ......... _. CRI-2009 Ed.01-09 Printed in U.S.A. Page 4 of 4 ©2009 The Travelers Companies, Inc.All Rights Reserved Page 572 of 1207 1 1 1 Page 573 of 1207 L$-L L 8, �.,. µ-%, Scope Services Page 574 of 1207 Janitorial Services City of Boynton Beach Daily shift- Monday to Sunday Recreational Parks and Communities Centers Days per Week Service-Monday to Sunday Daily Weeklyl Monthly Quarterly Semi annually Garbage/Trash&Recycling All garbage/trash and recycling from the interior and exterior of the facilities is to be gathered and not co-mingled and then placed into the appropriate carts and/or containers provided by the City. (Note: The collection of garbage/trash does not include the large trash barrels D throughout the grounds of our parks. Also,nothing shall be removed from desks and/or tables as all trash/recycling must be in the appropriate receptacle or next to the receptacle marked as trash or recycling in order to be collected.) All garbage/trash and recycling collection containers are to be wiped out/down as necessary to provide a clean appearance and pleasant smell and then lined D with a plastic bag of the appropriate size I � I Paper and Soap Dispenser Maintenance All paper and soap dispensers will be filled daily with the specified products as D noted in Section 25, Materials and Equipment. The exteriors of all dispensers are to be dusted or wiped down to remove all D dirt,dust,and miscellaneous debris. Floor Cleaning-Hard Floors. Proper safety signage will be used for the safety of the buildings'occupants D and visitors should they appear when any Hard Floor Cleaning occurs. Hard floor cleaning will include(VCT,Tile, Marble)open areas,in corners, behind doors, under the furniture,stairs,and stairwells. All paper clips, D staples, loose material, etc.,shall be picked up and properly disposed of. Dust mopped floors should be done with microfiber cloths. D Wet mopping of tile will occur after dust mopping or sweeping(NO SWEEPING IN THE LIBRARY)and is to present a clean floor that is free of streaks,smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only D approved cleaners/detergents will be used in the mop water for wet mopping hard floor surfaces. All floor drains are to be clean of dirt build-up and 1 thoroughly rinsed after restrooms or locker room cleaning. Concrete floors,such as those in the parks,shall be swept first. Spots will be scrubbed with a brush and then the floors shall be sprayed with D cleaner/disinfectant and hosed off into the floor drain. Any debris collected on 4805 NW 79 AV Suite 05 Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 575 of 1207 the grates of the floor drains shall be removed.and disposed of. Tile&Marble to be spray buffed to show a "Wet Look"gloss. Spray buffing shall Q only be accomplished after the floor is cleaned of all dirt or loose material. VCT& Marble to be refinished with floors being completely stripped of all wax to the original surface of the floor,resealed with an approved product,re-coated with a minimum of five(5) coats of an approved wax allow, each coat allowed S to dry before applying the next coat, and buffed using an appropriate buffing s , machine to show a"Wet Look"gloss. Ceramic Q Floor Cleaning-Carpet Carpet vacuuming and cleaning will include open areas,in corners,behind doors,and under the furniture. All paper clips,staples, loose material,etc., D I shall be picked up and properly disposed of. Carpet vacuuming will be accomplished only with a properly maintained vacuum c cleaner with a hepa-filtration system and will include carpeted floor mats;floor D mats are not to be broom cleaned. Carpet is to be spot cleaned and cleaned only with an approved dry method j extraction system. Heavy use carpet areas and carpeted mats will be cleaned to W maintain a dirty-free appearance. s Carpet will be pre-treated,and steam cleaned Q Glass&Mirrors Cleaning r ---- --,,,,,. .._ Glass and mirrored surfaces will be cleaned free from streaks,smears,and spots. D All interior glass,entryways will be cleaned free from streaks,smears,and spots D during each scheduled visit. Water Fountain Cleaning Water fountains both on the interior and exterior of the facilities are to be cleaned and sanitized and all chrome is to be polished. D Breakroom&Kitchen Cleaning Breakroom&Kitchen Cleaning shall consist of Garbage/Trash&Recycling, Paper&Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning,Glass &Mirror Cleaning, Horizontal/Flat Surface Cleaning,and the cleaning and polishing of all chrome/metal fixtures,appliance exteriors including vending D machines,and the cleaning and disinfecting of sinks to be free from dirt,food particles,grease,grime,and stains. Restrooms and Locker Room Cleaning Water-free urinals will be cleaned in accordance with the manufacturers instructions D 4805 NW 79 AV Suite 05 Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 576 of 1207 Restroom and locker room cleaning shall consist of Garbage/Trash & Recycling, Paper&Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning,Glass I &Mirror Cleaning, Horizontal &Vertical Flat Surface Cleaning,the cleaning and polishing of all chrome/metal fixtures, and the cleaning and disinfecting of all sinks,toilets, and urinals to be free of dirt,grime, and stains and to include the periodic replacement of urinal deodorizers which would be approximately 15% smaller than the originally installed deodorizer. This is to include flushing and/or plunging any clogged or filled toilets or urinals. The Contractor shall use bowl D cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. The cloths and sponges used in cleaning and disinfecting toilets, urinals and other surfaces contaminated with urine or feces shall be a color readily distinguished from cloths and sponges used on other surfaces and fixtures. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. Custodial Closets Custodial closets will be clean with stock and equipment stored neatly. Trash and used materials/supplies including dirty mop water are not to be left in the D closet at any time. All faucets/valves are left securely in the closed position. No lights are to be left on when the closet in not in use. Elevators Elevator doors and walls are to be cleaned of any dirt. Elevator floors are to be -.. - D swept or vacuumed according to the type of flooring in the elevator. Furniture Cleaning All vinyl, metal, and/or wood surfaces of furniture are to be wiped to eliminate W any dust,dirt,or grime leaving the surface free of streaks and residue. Cloth surfaces of furniture will be spot cleaned with an approved dry method extraction system. W Horizontal&Vertical Flat Surface Cleaning Horizontal and Flat Surfaces shall be wiped clean and/or dusted completely free of all loose and adhering or other foreign material on the original finish of a W surface. A clean surface will appear both physically and visually clean,free from streaks,or another residue. NO feather dusters. W Vent Cleaning .._... m. _ .... —......— . . All air conditioning supply and return air vents are to be wiped down with a treated soft cloth to remove all dust,dirt,and grime. M Window Blind Cleaning Window Blinds are to be vacuumed on both sides with a soft-brush attachment and wiped down with cleaner and soft cloth or professionally,chemically dipped S 4805 NW 79 AV Suite 05 Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 577 of 1207 Exterior/Interior Window Cleaning. Wash and squeegee dry all windows both on the exterior and interior leaving the glass streak-free. All dirt and dirty water must be wiped or rinsed off the S window sills 4805 NW 79 AV Suite 05 Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 578 of 1207 Janitorial Services City of Boynton Beach Daily shift M-F Office and'Buildins Days per Week Service-Monday to Friday Daily Weekly Monthly Quarterly Semi- annually Garbage/Trash&Recycling All garbage/trash and recycling from the interior and exterior of the facilities is to be gathered and not co-mingled and then placed into the appropriate carts and/or containers provided by the City. G (Note: The collection of garbage/trash does not include the large trash barrels D I throughout the grounds of our parks. Also,nothing shall be removed from desks 1 and/or tables as all trash/recycling must be in the appropriate receptacle or next i to the receptacle marked as trash or recycling in order to be collected.) All garbage/trash and recycling collection containers are to be wiped out/down as necessary to provide a clean appearance and pleasant smell and then lined D with a plastic bag of the appropriate size ......... Paper and Soap Dispenser Maintenance All paper and soap dispensers will be filled daily with the specified products as D noted in Section 25, Materials and Equipment. The exteriors of all dispensers are to be dusted or wiped down to remove all D dirt,dust,and miscellaneous debris. Floor Cleaning-Hard Floors. Proper safety signage will be used for the safety of the buildings'occupants D and visitors should they appear when any Hard Floor Cleaning occurs. Hard floor cleaning will include(VCT,Tile, Marble)open areas, in corners, behind doors, under the furniture,stairs,and stairwells. All paper clips, D staples,loose material,etc.,shall be picked up and properly disposed of. Dust mopped floors should be done with microfiber cloths. D Wet mopping of tile will occur after dust mopping or sweeping(NO SWEEPING IN THE LIBRARY)and is to present a clean floor that is free of streaks,smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only D approved cleaners/detergents will be used in the mop water for wet mopping hard floor surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. Concrete floors,such as those in the parks,shall be swept first. Spots will be scrubbed with a brush and then the floors shall be sprayed with D cleaner/disinfectant and hosed off into the floor drain. Any debris collected on ... .... 4805 NW 79 AV Suite 05 Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 579 of 1207 <.e the grates of the floor drains shall be removed and disposed of. Tile&Marble to be spray buffed to show a"Wet Look"gloss. Spray buffing shall Q only be accomplished after the floor is cleaned of all dirt or loose material. VCT& Marble to be refinished with floors being completely stripped of all wax to the original surface of the floor,resealed with an approved product,re-coated with a minimum of five (5)coats of an approved wax allow, each coat allowed S to dry before applying the next coat, and buffed using an appropriate buffing machine to show a "Wet Look"gloss. Ceramic Q Floor Cleaning-Carpet Carpet vacuuming and cleaning will include open areas, in corners, behind 9 doors,and under the furniture. All paper clips,staples, loose material,etc., D shall be picked up and properly disposed of. i Carpet vacuuming will be accomplished only with a properly maintained vacuum cleaner with a hepa-filtration system and will include carpeted floor mats;floor D t mats are not to be broom cleaned. Carpet is to be spot cleaned and cleaned only with an approved dry method extraction system. Heavy use carpet areas and carpeted mats will be cleaned to W maintain adirty-free appearance. � Carpet will be pre-treated,and steam cleaned M.M... 4 Glass&Mirrors Cleaning ° Glass and mirrored surfaces will be cleaned free from streaks,smears,and spots. D I _. ...........M.M.M.M.M..M. All interior glass,entryways will be cleaned free from streaks,smears,and spots D during each scheduled visit. Water Fountain Cleaning Water fountains both on the interior and exterior of the facilities are to be cleaned and sanitized and all chrome is to be polished. D Breakroom&Kitchen Cleaning _ Breakroom& Kitchen Cleaning shall consist of Garbage/Trash&Recycling, Paper&Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning,Glass &Mirror Cleaning, Horizontal/Flat Surface Cleaning,and the cleaning and polishing of all chrome/metal fixtures,appliance exteriors including vending D machines,and the cleaning and disinfecting of sinks to be free from dirt,food particles,grease,grime,and stains. Restrooms and Locker Room Cleaning Water-free urinals will be cleaned in accordance with the manufacturer's instructions. D 4805 NW 79 AV Suite OS Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 580 of 1207 y SPtvYCW'sLL 4L— . i Restroom and.locker room cleaning shall consist of Garbage/Trash &Recycling, Paper&Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning,Glass &Mirror Cleaning, Horizontal &Vertical Flat Surface Cleaning,the cleaning and polishing of all chrome/metal fixtures, and the cleaning and disinfecting of all sinks,toilets, and urinals to be free of dirt,grime, and stains and to include the periodic replacement of urinal deodorizers which would be approximately 15% smaller than the originally installed deodorizer. This is to include flushing and/or plunging any clogged or filled toilets or urinals. The Contractor shall use bowl D cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. The cloths and sponges used in cleaning and disinfecting toilets, urinals and other surfaces contaminated with urine or feces shall be a color readily distinguished from cloths and sponges used on other surfaces and fixtures. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. Custodial Closets Custodial closets will be clean with stock and equipment stored neatly. Trash and used materials/supplies including dirty mop water are not to be left in the U closet at any time. All faucets/valves are left securely in the closed position. No lights are to be left on when the closet in not in use. Elevators Elevator doors and walls are to be cleaned of any dirt. Elevator floors are to be U swept or vacuumed according to the type of flooring in the elevator. w-------- Furniture Cleaning All vinyl, metal, and/or wood surfaces of furniture are to be wiped to eliminate W any dust,dirt,or grime leaving the surface free of streaks and residue. Cloth surfaces of furniture will be spot cleaned with an approved dry method I extraction system. W 1 Horizontal&Vertical Flat Surface Cleaning Horizontal and Flat Surfaces shall be wiped clean and/or dusted completely free of all loose and adhering or other foreign material on the original finish of a W surface. A clean surface will appear both physically and visually clean,free from streaks,or another residue. NO feather dusters W Vent Cleaning All air conditioning supply and return air vents are to be wiped down with aI� treated soft cloth to remove all dust,dirt,and grime. 1 M 1 S Window Blind Cleaning Window Blinds are to be vacuumed on both sides with a soft brush attachment' and wiped down with cleaner and soft cloth or professionally,chemically dipped. S i 4805 NW 79 AV Suite 05 Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 581 of 1207 ti Exterior/Interior Window Cleaning. Wash and squeegee dry all windows both on the exterior and interior leaving' the glass streak-free. All dirt and dirty water must be wiped or rinsed off the S window sills 4805 NW 79 AV Suite OS Doral,FL 33166 Phone:305.456.1864 Fax:786.953.7836 www.kellyjanitorial.com Page 582 of 1207 1 "I'V ��--,i,i��it� S , e y ile gt�rS:E�Sc� 'll. LA ,�i + { 7 v th{Mq t�P 1f>itti4rt,ll, t °f 11 5't ttt £ s Page 583 of 1207 y r ' off,.,.,,fir-- �� fS}• • r u�zS i I 7� t # r, — r 0 k 001 � 2Y`\`SSC LtN',lK_} Page 584 of 1207 � 3)4jf�,)}�) �rr(/j� �ii��l��`i`+� s� �Ft Ew. �t�� >�1, � ,�- ��, - — y s�, •�,�:f t �Y �r� „n�rti�t��„�s },l cr— pmPr?w! EE an T COP �;. �> ON CUD 0 tA Q. LA F },»,aifi4,,,<�S°��U}yf'f��'�YIi�Y�� w,�'��?`!• �fii�..„„,,,}��k. _ �§;,,f.. 'r.'�s��l s<<�3 t��lir t��1t”; ,. Page 585 of 1207 t o11 I r t,. �t ,o...., f— to Oil f Y 7S tt 44 ) ft tt )7 . Page 586 of 1207 lis{ is si \ssS)�{s".,'+" y fss � t ,<.. t» �..._ ti ,Y9§.-. cs .^�`u� -�' '" '��- „�„,a... �}err �,u•= k. '?� s �;,- r • ® 1s j � t�{s•S 1 Idr " ir� t•t.r. V/ its T l dd F � 'a4. n E • , 1 to C r,x • Page 587 of 1207 t y s � w c 0 an E c o } on 0 { 0 4a h my a � r 4J �1 u o 4J CDto ��t?t f Page 588 of 1207 � s t i _ l F r S ,t 4¢1 r2r »wk51 ' �)............. i {p"N vu • 41 UJ Page 589 of 1207 s I _ \ F 3ryg1 f 4 5 6 l y F .me Lee EZ ai Lee 0 df'. r, Ln • ??xai;.m9;;;• r V/ W W L- a a o oa ,r1 . Lr Ul C I jual a') . �. `�LJk1U+C CL C i 1 1^uaY:v.- L. ai ...; Lee t{``'RishN S 7k'�,�'SYNIIBn � � � O mrd �I YI Page 590 of 1207 r� KyS a } cJ } rlt�y r� • fLL s ; • s s,iR2k iiG}`lit1s�it��s��ti�iji�ds�s�i(��(({tiy4l�j�altli}kt?)l��J��lil�jtc,��f},�5�13��il`Il�l��?<7`tt�iis`Ss t�}t4�S t�rs j Page 591 of 1207 c —t z, 1 on CC d n ; pa I tun IJ SO 1i co Cd Ui co a " • p! U «r ug IN Ri �5 �n d � � J, Page Page 592 of 1207 � � y On Co L w� E E C �h O 00 cn v O L C to o — OtA • wtia.� .vn to L ti 41 CL L t� 1(i1t�P� 1 dl "i i YI �2f t 1t S }S Su1v1� Page 593 of 1207 ' S )1 i�ryi 5 7} 't�}{��}'�44 � f�...iS .,.--.,.� t ,r t'." r � >,-. :'3 :3 1 =— � k -_ 4.-= `1i;.4' -'� �,y•-� ear., ,,�„x't� {{� �v �a `=r�r i�4 i P 4 b x ' €� )• ) is s EA '�. 4J Qj QJ 4-J .0 L- 141 pit ��fi dl: yrs m CL 0 an MM Page 594 of 1207 t' ),� I'll111�1 town on t 1 t A � • • AMO a L m •^ = 1 � W O 0.Ig C: INA • u0as o; L C: O EI p �i �- 0 0 CZ p onkj CIL a u O n tun t tt _�tttt tit '1c��t�yS�l�isl��itr Page 595 of 1207 3 F x 1 � � a CN ca t UtAi 411, 0 .=, to j {{ MF t �i G1t ��;k��EEE�EEEEE��311111��"+tf � �� Page 596 of 1207 ,v_ r rr.., Aft Others, Page 597 of 1207 Im"ELLY JANITORIALS PERFORMANCE IMPROVEMENT PLAN ACT DO CHECK Page 598 of 1207 MATERIALS AND SUPPLIES: Toilet Tissue - REN06125-WB Single Roll, Bath Tissue , 2ply, 3-3/4 x4 Paper Towels — REN06131-WB , Controlled Hand Roll Towel, White Hand Soap—( Hands— Free dispenser)—RENO 2544 Antibacterial Foam Soap, 1200ml Hand Soap- RENO 2528, Antibacterial Hand wash Soap, 1250m Body Soap & Shampoo— RENO02493, Renown Gen II, 2000ml, Body/Hair Shampoo Grit Soap —SPA2810-04, Grub Scrub Hand Soap w/Pumice, Flat Top Gallons Urinal Screen — REN03070-FR, Cotton Blossom (Replaced every 21 days) ®All urinal screens and cleaners. WATER-FREE URINALS: Screens and Cleaners must meet the manufacturer's specifications for water-free urinal maintenance. 32 Page 599 of 1207 Reno". TECHNICAL DATA SHEET www.GoRenown.com CONTROLLED-USE ism= BATH TISSUE Features: c • Green Seal certified • Consumer-like premium floral embossing pattern • Ideal for government facilities that have mandates to be green ,, • Patented OptiCore®technology offers less waste and cost savings Description: This two-ply Renown Green Seal-certified controlled-use tissue features OptiCore®two-part core technology.This Renown tissue when combined with the coordinating 3-Roll and 2-Roll dispensing systems,ensures maximum use of each roll in the dispenser thereby reducing waste and cost.The two-part core offers more than a 25% reduction in core material for more environmentally preferable packaging. This quality tissue is 100% recycled and exceeds EPA guidelines for post-consumer waste. This embossed tissue is made with de-Inking and bleaching processes free of chlorine and other harmful chemicals. This high-capacity Renown tissue is designed for those seeking to achieve green status for their facility and purchase tissue produced with methods less harmful to the environment. 1 B Color: White Size: 3 314 in.x. 4 in. M Ply: 2 tr Moll: 865 sheets/roll �" lr Unit: 36 rollslcs Case Quantity31,140 sheets a� Case Cube: 2.74 7 ' Approx.Case Weight: 21 lbs. 69112 Page 600 of 1207 Ren 0"0 AK TECHNICAL DATA SHEET www.GoRenomn.co CONTROLLED USE - NATURAL WHITE BOLL TOWEL t / Features: ,► r • Green Seal certified • Made with a de-inking process free of chlorine and other harmful chemicals - 100% recycled with a minimum of 50%post-consumer waste " • Provides added value of controlled usage and cost savings Description: These high-capacity Renown Green Seal-certified controlled roll towels are ideal for public restrooms, office buildings and hotelnodging facilities.This quality roll towel is 100%recycled and contains a minimum of 50%postconsumer waste,which exceeds EPA guidelines.This toweling satisfies those who prefer to purchase toweling produced with methods less harmful to the environment. Product: REN06131-WB REN06MVM Color: Natural White Natural White Size: 8 in.x 800 ft. 7.5 in.x 800 ft. T L Ply: Core Sizer 1.9 in. 1.9 in. Unit: 6 rollslcase 6 rolls/case '` v Case Quantity: 4,800 ft. 4,800 ft. Case Cube: 1.81 1.79 Approx.Case Weight: 27 lbs. 26 lbs. 09112 Page 601 of 1207 Reno".. ,.,, TECHNICAL DATA SHEET w .coenon.com ® d A 1200 ML FOAM TFX i t ANTIBACTERIAL TOUCHFREE HAN DWASH Description: Premium foam antibacterial handwash kills germs on hands while providing a rich,luxurious lather..Gentle on hands.Contains vitamin E and aloe.Fresh fruit fragrance.Translucent apricot color. • SANITARY -rm refill helps lock out germs • Fresh dispensing valve with each refill • Refill snaps in place with audible dick • Skylight makes it easy to see fill level in refill cartridge • Tcfree system Features: • Fits Dispensers:RENO2536,REN02540(880375),REN02541 • Indications:For handwashing.Decreases microorganisms on hands. • Directions:Wet skin and place a small amount of soap on hands and forearms. Scrub well,rinse,and dry thoroughly. • Case Pack;21case Active Ingredient71ty Appear e: � u.3 Fragrance: Form: Liquid PH: 4.8-8.5 NAME*INGI 1 * INGREDIENT _ Active. Isopropyl Alcohol SolveK Denaturant Chloroxylenol tisepticgent LacticAdd pH Adjuster Also tains. fletinyl Palmitate Skin Conditioning Agent Water(Aqua) Carder SimmandsiaChine is(Jojoba) Skin Conditioning Agent Seed Oil Alcohol Diluent,Solvent Tetrasodiurn TetrasEDTA Chelating Agent Ammonium Laureth Sulfate Surfactant,Cleansing Agent Tocopheryl Acetate Skin Conditioning Agent Ammonium Lauryl Sulfate Surfactant,CleansingAgent- Zea Mays(Corn)Oil Skin Conditioning Agent Propylene Glycol Skin Conditioning Agent, Ammonium Sulfate Thickener Humectant Algae Extract Skin Conditioning Agent Fragrance(Parfum) Fragrance Aloe Barbadensis Leaf Juice Botanical Additive,Skin MethylehloroI80thiMlinone Preservative Conditioning Agent Ammonium Xylenesuffonate Surfactant,CJeansing Agent Me"isothiazolinone Preservative Cocamide MEA Surfactafft,Foam r, Red 4( 14700) Colarant Viscosity Increasing Agent ycerin Skin Conditioning Agent, Yellow 6(01159M Colorant Humectant * international Nomenclature Cosmetic Ingredient 13 Page 602 of 1207 TECHNICAL DATA SHEET www.GoRenown.com 250 ML FOAM EFM PLUM ANTIBACTERIAL HANDWAS,H Description: High-performance,antibacterial hand soap offers luxurious lather and an appealing plum fragrance.Attractive purple color. Enriched with a moisturizer,natural extract and skin conditioner.USDA certified biobased formulation. • SANITARY SEALEDTm refill helps lock out germs • Durable,recyclable PET bottle uses 30%less material than standard rigid HDPE • Patent pending CONTROLLED COLLAPSE technology keeps bottle shape longer while emptying • Crystal clarity for visual appeal and easier monitoring of fill level • Fresh dispensing valve with each refill • Removable pump promotes easier recycling Features: • Fits Dispensers:REN02473(131645),REN02517(129506),REN02518(129507) • Indications:Handwash to help decrease bacteria on the skin.Recommended for repeated use. • Directions:Wet hands with water.Apply approximately 3 mL of product and work into a lather for about 30 seconds.Rinse well and dry hands completely. • Case Pack:3/case Active Ingredient 0.35b Triclosan ; Appearance: Clear Purple Fragrance: Citrus,Fruity Floral Form: Clear Liquid pH: . 1 INCI NAME* INGREDIENT CLASS INCI NAME* INGREDIENT CLASS Active: Prunus Domestica Fruit Extract Botanical Additive,Skin Conditioning Agent Triclosan Antimicrobial Agent Sodium Metabisulfite Antioxidant,Reducing Agent Also Contains: Sodium Sulfite Antioxidant,Reducing Agent Aqua/Water/Eau Carrier Tetrasodium EDTA Chelating Agent Alcohol Solvent Sodium Sulfate I Viscosity Increasing Agent Lauric Acid Surfactant,Cleansing Agent Parfum/Fragrance Fragrance Propylene Glycol Skin Conditioning Agent, Methylchloroisothiazoline Preservative Humectant Ethanolamine pH Adjuster Methylisothiazolinone Preservative Disodium Surfactant,Cleansing Agent, Blue 1(Cl 42090) Colorant Cocoamphodiacetate Foam Booster Isopropyl Alcohol Solvent,Denaturant Red 33(a 17200) Colorant Polyquaternium-10 Conditioning Agent *International Nomenclature Cosmetic Ingredient 2113 Page 603 of 1207 Reno",, ,@ TECHNICAL DATA SHEEN v ww.GoRenown.eom HAND & SHO�WERWASH Description: Body&Hair Shampoo has a luxurious,enriched formula for hands,hair and body.Ideal for use in health clubs and fitness centers.Pleasant herbal fragrance. • Idem for use in health clubs and fitness centers • SANITARY SEALEDTM refill helps lock out germs • Fresh dispensing valve with each refill • Collapsible bag refill makes the best use of space inside the dispenser Features: • Fits Dispensers:REN02494(880385)and REN02510 • Indications:For luxurious shampooing and showering. • Directions:Dispense a small amount of product onto wet washcloth or hand. Work into rich lather. Rinse and repeat if necessary. • Case Pack:4/case BadyAtltlrsbert 1e PHYSICAL , yee . . r . `y# ERTIES Appearance: Orange Clear Fragrance: Citrus Roral b Form: Liquid pH: 4.5-8.0 INGBEDIENTS INC[NAME* INGREDIENT CLASS INCI NAME* INGREDIENT CLASS Water(Aqua) Carrier Butylene Glycol Skin Conditioning Agent,Solvent Sodium Laureth Sulfate Surfactant,Foam Booster lodopropynyl Butylcarbamate Preservative Sodium Lauryl Sulfate Surfactant,Cleansing Agent Aloe Barbadensis Leaf Juice Botanical Additive,Skin Conditioning Agent Cocamide DEA Surfactant,Foam Booster Tocopheryl Acetate Skin Conditioning Agent Soyamidopropyl Betaine Cleansing Agent,Skin Conditioning Red 40(Cl 16035) Colorant Agent,Foam Booster Ammonium Chloride Viscosity Increasing Agent Retinyl Palmitate Skin Conditioning Agent Soyamide DEA Surfactant,Foam Booster, Yellow 6(Cl 15985) Colorant Viscosity Increasing Agent DMDM Hydantoin Preservative Zea Mays(Corn)01 Skin Conditioning Agent Fragrance(Partum) Fragrance Yellow 5(Cl 19140) Colorant Citric Acid pH Adjuster Blue I(GI 42090) Colorant *International Nomenclature Cosmetic Ingredient J 1/13 Page 604 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12/02/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 SECTION 1. IDENTIFICATION Product name Renown@ Body&Hair Shampoo Product code REN02493 Manufacturer or supplier's details Company name of supplier INTERLINE BRANDS Address Jacksonville, Florida 32207 Telephone 1-866-412-6726 Emergency telephone 1-866-412-6726 Recommended use of the chemical and restrictions on use Recommended use Shampoo Restrictions on use This is a personal care or cosmetic product that is safe for consumers and other users under normal and reasonably foreseeable use.Cosmetics and consumer products, specifically defined by regulations around the world, are exempt from the requirement of an SDS for the consumer. While this material is not considered hazardous, this SDS contains valuable information critical to the safe handling and proper use of the product for industrial workplace conditions as well as unusual and unintended exposures such as large spills. This SDS should be retained and available for employees and other users of this product. For specific intended-use guidance,please refer to the information provided on the package or instruction sheet. SECTION 2. HAZARDS IDENTIFICATION GHS Classification Not a hazardous substance or mixture. GHS Label element Not a hazardous substance or mixture. Other hazards None known. SECTION 3.COMPOSITION/INFORMATION ON INGREDIENTS Substance/Mixture Mixture Hazardous ingredients Ct�c;mical Name � _ CAS-No. ��_ Concentratidr� 0/off_...__1 age 605 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12102/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 Alcohols, C10-16, ethoxylated, sulfates,sodium 68585-34-2 >= 1 -< 5 j salts Cocoamidopropyl betaine 61789-40-0 >= 1 <5 SECTION 4. FIRST AID MEASURES If inhaled If inhaled, remove to fresh air. Get medical attention if symptoms occur. In case of skin contact Wash with water and soap as a precaution. Get medical attention if symptoms occur. In case of eye contact : Flush eyes with water as a precaution. Get medical attention if irritation develops and persists. If swallowed : If swallowed, DO NOT induce vomiting. Get medical attention if symptoms occur. Rinse mouth thoroughly with water. Most important symptoms None known. and effects, both acute and delayed Protection of first-aiders No special precautions are necessary for first aid responders. Notes to physician Treat symptomatically and supportively. SECTIONS. FIRE-FIGHTING MEASURES Suitable extinguishing media Water spray Alcohol-resistant foam Dry chemical Carbon dioxide (CO2) Unsuitable extinguishing : None known. media Specific hazards during fire Exposure to combustion products may be a hazard to health. fighting Hazardous combustion prod- : Sulfur oxides ucts Carbon oxides Metal oxides Chlorine compounds Nitrogen oxides(NOx) Specific extinguishing Use extinguishing measures that are appropriate to local methods circumstances and the surrounding environment. Use water spray to cool unopened containers. Remove undamaged containers from fire area if it is safe to do SO. Evacuate area. Page 606 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12/0212014 1.2 02/10/2015 31695-00003 Date off issue: 11/24/2014 ................. ...... -............---------.......... Special protective equipment : Wear self-contained breathing apparatus for firefighting if for fire-fighters necessary. Use personal protective equipment. SECTION 6. ACCIDENTAL RELEASE MEASURES Personal precautions, Follow safe handling advice and personal protective protective equipment and equipment recommendations. emergency procedures Environmental precautions Discharge into the environment must be avoided. Prevent further leakage or spillage if safe to do so. Prevent spreading over a wide area (e.g. by containment or oil barriers). Retain and dispose of contaminated wash water. Local authorities should be advised if significant spillages cannot be contained. Methods and materials for Soak up with inert absorbent material. containment and cleaning up For large spills, provide diking or other appropriate containment to keep material from spreading. If diked material can be pumped, store recovered material in appropriate container. Clean up remaining materials from spill with suitable absorbent. Local or national regulations may apply to releases and disposal of this material, as well as those materials and items employed in the cleanup of releases.You will need to deten-nine which regulations are applicable. Sections 13 and 15 of this SDS provide information regarding certain local or national requirements. SECTION 7. HANDLING AND STORAGE Technical measures See Engineering measures under EXPOSURE CONTROLS/PERSONAL PROTECTION section. Local/Total ventilation Use only with adequate ventilation. Advice on safe handling Handle in accordance with good industrial hygiene and safety practice. Take care to prevent spills,waste and minimize release to the environment. Conditions for safe storage : Keep in properly labeled containers. Store in accordance with the particular national regulations. Materials to avoid : Do not store with the following product types: Strong oxidizing agents Page 607 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12102/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 SECTION 8. EXPOSURE CONTROLSIPERSONAL PROTECTION Ingredients with workplace control parameters Contains no substances with occupational exposure limit values. Hazardous components without workplace control parameters In redients Ll CAS-No. Alcohols,C10-16, ethoxylated, 68585-34-2 sulfates, sodium salts I Cocoamidopropyl betaine 6178940-0 Engineering measures Ensure adequate ventilation, especially in confined areas. Minimize workplace exposure concentrations. Dust formation may be relevant in the processing of this product. In addition to substance-specific OELs, general limitations of concentrations of particulates in the air at workplaces have to be considered in workplace risk assessment. Relevant limits include: OSHA PEL for Particulates Not Otherwise Regulated of 15 mg/m3-total dust, 5 mg/m3-respirable fraction; and ACGIH TWA for Particles(insoluble or poorly soluble)Not Otherwise Specified of 3 mg/m3-respirable particles, 10 mg/m3- inhalable particles. Personal protective equipment Respiratory protection General and local exhaust ventilation is recommended to maintain vapor exposures below recommended limits.Where concentrations are above recommended limits or are unknown, appropriate respiratory protection should be worn. Follow OSHA respirator regulations(29 CFR 1910.134)and use NIOSH/MSHA approved respirators. Protection provided by air purifying respirators against exposure to any hazardous chemical is limited. Use a positive pressure air supplied respirator if there is any potential for uncontrolled release, exposure levels are unknown,or any other circumstance where air purifying respirators may not provide adequate protection. Hand protection Remarks Wash hands before breaks and at the end of workday. Eye protection Wear the following personal protective equipment: Safety glasses Skin and body protection Skin should be washed after contact. Hygiene measures Ensure that eye flushing systems and safety showers are located close to the working place. When using do not eat,drink or smoke. Wash contaminated clothing before re-use. Page 608 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12/02/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11124/2014 .................... SECTION 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance liquid Color clear, red, orange Odor citrus Odor Threshold No data available pH 4.8-6.2 Melting point/freezing point No data available Solidification/Setting point -0.9 OC Initial boiling point and boiling 98.00'C range Flash point > 100*C Evaporation rate No data available Flammability(solid, gas) Not applicable Upper explosion limit No data available Lower explosion limit No data available Vapor pressure No data available Relative vapor density No data available Density 1.0 g/cm3 Solubility(ies) Water solubility soluble Partition coefficient: n- Not applicable octanot/water Autoignition temperature No data available Deco mposftion temperature The substance or mixture is not classified self-reactive. Viscosity Viscosity, kinematic 3,000- 18,000 mm2/s (20'C) Explosive properties Not explosive Oxidizing properties The substance or mixture is not classified as oxidizing. Page 609 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12102/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 SECTION 10.STABILITY AND REACTIVITY Reactivity Not classified as a reactivity hazard. Chemical stability Stable under normal conditions. Possibility of hazardous reac- Can react with strong oxidizing agents. tions Conditions to avoid None known. Incompatible materials : Oxidizing agents Hazardous decomposition No hazardous decomposition products are known. products SECTION 11.TOXICOLOGICAL INFORMATION Information on likely routes of exposure Inhalation Skin contact Ingestion Eye contact Acute toxicity Not classified based on available information. Product: Acute oral toxicity Acute toxicity estimate. > 5,000 mg/kg Method: Calculation method Ingredients: Alcohols, C10-16,ethoxylated, sulfates,sodium salts: Acute oral toxicity LD50 (Rat): >2,000 mg/kg Assessment:The substance or mixture has no acute oral toxicity Cocoamidopropyl betaine: Acute oral toxicity : LD50:>5,000 mg/kg Method:OECD Test Guideline 401 Remarks: Based on data from similar materials Acute dermal toxicity : LD5D(Rat): >2,000 mg/kg Method: OECD Test Guideline 402 Assessment:The substance or mixture has no acute dermal toxicity Remarks: Based on data from similar materials Skin corrosion/irritation Not classified based on available information. Product: Result: No skin irritation Page 610 of 1207 SAF ETY DATA S H E ET Renown@ Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last"us: 12102/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/2412014 -------------- .............. .......... ingredients: Alcohols,CIO-16,ethoxylated,sulfates,sodium salts: Result: Skin irritation Serious eye damageleye irritation Not classified based on available information. Product: Assessment: No eye irritation Snare dlents-' Alcohols,CIO-16,ethoxylated,sulfates,sodium salts: Result: Irreversible effects on the eye Cocoamidopropyl betaine: Species: Rabbit Result: Irreversible effects on the eye Method: OECD Test Guideline 405 Remarks, Based on data from similar materials Respiratory or skin sensitization Skin senszation: Not classified based on available information. Respiratory sensitization: Not classified based on available information. Product, Assessment: Does not cause skin sensitization. ingredients* Cocoamidopropyl betalne* Test Type: Maximization Test(GPMT) Routes of exposure: Skin contact Species- Guinea pig Result: negative Remarks: Based on data from similar materials Germ cell mutagenicity Not classified based on available information. ln2Lqdients, Cocoamldopropyl betaine: Genotoxiefty in vitro Test Type: Bacterial reverse mutation assay(AMES) Method:OECD Test Guideline 471 Result: negative Remarks: Based on data from similar materials Genotoxicity in vivo Test Type: Mammalian erythrocyte micronucieus test(in vivo cytogenetic assay) Species: Mouse Application Route: Ingestion Result:negative Page 611 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12/0212014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 Remarks: Based on data from similar materials Carcinogenicity Not classified based on available information. IARC No ingredient of this product present at levels greater than or equal to 0.1%is identified as probable, possible or confirmed human carcinogen by IARC. OSHA No ingredient of this product present at levels greater than or equal to 0.1%is identified as a carcinogen or potential carcino- gen by OSHA. NTP No ingredient of this product present at levels greater than or equal to 0.1%is identified as a known or anticipated carcinogen by NTP. Reproductive toxicity Not classified based on available information. ingredients: Cocoamidopropyl betaine: Effects on fetal development Test Type: Embryo-fetal development Species: Rat Application Route: Ingestion Method: OECD Test Guideline 414 Result: negative Remarks: Based on data from similar materials STOT-single exposure Not classified based on available information. STOT-repeated exposure Not classified based on available information. Repeated dose toxicity Ingredients. Cocoamidopropyl betaine: Species: Rat NOAEL: 250 mg/kg Application Route: Ingestion Exposure time:90 d Method: OECD Test Guideline 408 Remarks: Based on data from similar materials Aspiration toxicity Not classified based on available information. Page 612 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12/02/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 SECTION 12. ECOLOGICAL INFORMATION Ecotoxicity Ingredients: Cocoamidopropyl betaine: Toxicity to fish LC50: > 1 - 10 mg/I Exposure time:96 h Method: ISO 7346/2 Remarks: Based on data from similar materials Toxicity to bacteria : EC50: > 100 mg/I Method:OECD Test Guideline 209 Remarks: Based on data from similar materials Persistence and degradability Product: Biodegradability : Result: Biodegradable !g2igdients__: Alcohols,C10-16,ethoxylated, sulfates,sodium salts: Biodegradability : Result: Readily biodegradable. Cocoamidopropyl betaine: Biodegradability Result. Readily biodegradable. Biodegradation: >60% Exposure time:28 d Method: OECD Test Guideline 301 Remarks: Based on data from similar materials Bioaccumulative potential No data available Mobility in soil No data available Other adverse effects No data available SECTION 13. DISPOSAL CONSIDERATIONS Disposal methods Waste from residues : Dispose of in accordance with local regulations. Contaminated packaging : Dispose of as unused product. Empty containers should be taken to an approved waste handling site for recycling or disposal. Page 613 of 1207 SAFETY DATA SHEET Renown@ Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12/02/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 ............ ............... SECTION 14.TRANSPORTI I International Regulation UNRTDG Not regulated as a dangerous good IATA-DGR Not regulated as a dangerous good IMDG-Code Not regulated as a dangerous good Transport in bulk according to Annex 111 of MARPOL T3/78 and the IBC Code Not applicable for product as supplied. Domestic regulation 49 CFR Not regulated as a dangerous good SECTION 15. REGULATORY INFORMATION EPCRA-Emergency Planning and Community Right-to-Know CERCLA Reportable Quantity This material does not contain any components with a CERCLA RQ. SARA 304 Extremely Hazardous Substances Reportable Quantity This material does not contain any components with a section 304 EHS RQ. SARA 311/312 Hazards No SARA Hazards SARA 302 No chemicals in this material are subject to the reporting requirements of SARA Title 111, Section 302. SARA 313 This material does not contain any chemical components with no CAS numbers that exceed the threshold (De Minimis) reporting levels established by SARA Title III, Section 313. US State Regulations Pennsylvania Right To Know Water 7732-18-5 70-90 % Alcohols, C10-16, ethoxylated,sulfates, 68585-34-2 1 -5 % sodium salts Sodium chloride 7647-14-5 1 -5 % New Jersey Right To Know Water 7732-18-5 70-90% Alcohols, C10-16, ethoxylated, sulfates, 68585-34-2 1 -5 % sodium salts Sodium chloride 7647-14-5 1 -5% Cocoamidopropyl betaine 61789-40-0 1 -' 00age 614 of 1207 SAFETY DATA SHEET Renown® Body & Hair Shampoo Version Revision Date: MSDS Number: Date of last issue: 12/02/2014 1.2 02/10/2015 31695-00003 Date of first issue: 11/24/2014 California Prop 65 This product does not contain any chemicals known to the State of California to cause cancer, birth,or any other reproductive defects. The ingredients of this product are reported in the following inventories: AICS All ingredients listed or exempt Inventories AICS (Australia), DSL(Canada),IECSC(China), REACH (European Union), ENCS(Japan), ISHL(Japan), KECI (Korea),NZIoC (New Zealand), PICCS (Philippines),NECSI (Taiwan),TSCA (USA) SECTION 16. OTHER INFORMATION Further information NFPA: HMIS III: Flammability HE AL H 0 Y � 1 "IM,Wk r i ft� �a� i5 s Special hazard. 4=not significant,1=Slight, 2=Moderate,3=High 4=Extreme,"=Chronic Sources of key data used to : Internal technical data, data from raw material SDSs, OECD compile the Material Safety eChem Portal search results and European Chemicals Agen- Data Sheet cy, hftp,//echa.europa.eu/ Revision Date 02/10/2015 The information provided in this Safety Data Sheet is correct to the best of our knowledge,in- formation and belief at the date of its publication.The information is designed only as a guid- ance for safe handling, use, processing, storage,transportation, disposal and release and shall not be considered a warranty or quality specification of any type. The information provid- ed relates only to the specific material identified at the top of this SDS and may not be valid when the SDS material is used in combination with any other materials or in any process, un- less specified in the text.Material users should review the information and recommendations in the specific context of their intended manner of handling, use, processing and storage, in- cluding an assessment of the appropriateness of the SDS material in the user's end product, if applicable. US/Z8 Page 615 of 1207 Safety Data Sheet Spartan Chemical Company, Inc. spartan' Revision ate: 27-Jul-2015 Product Identifier Product Name: GRUB SCRUB Product Number: 2809,2810 Recommended e: Hand cleaner Uses Advised Against: For Industrial and Institutional Use Only Manufacturer/Supplier, Spartan Chemical Company,Inc. 1110 Spartan Drive Maumee,Ohio 43537 USA 800-537-8990 (Business hours) www4paLanchemical.com 24 Hour Emergency Phone Numbers: Medical er encyli or ation:888-314-6171 Transportation/Spill/Leak: CHEMTREC 800-4.24-9300 HAZARDS 1t ENTIFICATION GHS Classification Serious Eye amagetEye Irritation: Category 213 Skin Sensitization: Category 1 GHS Label Elements Signal Word: Warning Symbols: Hazard t to en : Causes eye irritation. May cause an allergic skin reaction Pre_ ryf�t cautlonanLn nt ; rev _ ntlon: Wash hands and any exposed skin thoroughly after hndli . Avoid breathing dutl /gas/ ist/vaors/spray Contaminated work clothing should not be allowed out of the workplace Response- -Eyes s onset® yes rinse cautiousty with water for several minutes. Remove contact lenses, if present and easy to do.Continue rinsing.If eye irritationpersists:Get medical attention. -Skin Wash with plenty of soap and water. If skin irritation or rash occurs.Gel medical attention. Wash contaminated thing before reuse. -Specific Treat e e Safety Data Sheet Section 4:"FIRST AID MEASURES"for additional information, Storage: Not Applicable Disposal: Dispose of contents and container in accordance with local,state and federal regulations, Hazards of Otherwise Classified., Not Applicable Cher Information: May be harmful if swallowed. Page 1115 Page 616 of 1207 2809- GRUB SCRUB Revision Date: 27-Jul-2015 0.15985%of the mixture consists of ingredient(s)of unknown toxicity. f 3 C P z . n, Chemical Name CAS No Wei, ht% water 7732-18-5 60-100 - petroleum distillates 64742-47-8 3-7 pumice 1332-09-8 3-7 mineral oil 8042-47-5 1-5 alcohol ethox ate 68439-46-3 1-5 alcohol ethoxylate 34398-01-1 1-5 d-limonene 5989-27-5 0.1-1 Specific chemical identity and/or exact percentage of composition has been withheld as a trade secret. �, a°� �r -Eye Contact: Rinse cautiously with water for at least 15 minutes. Remove contact lenses, if present and easy to do.Continue rinsing. If eye irritation persists:Get medical attention. -Skin Contact: Wash with plenty of soap and water.Take off contaminated clothing and wash before reuse.If skin irritation or rash occurs: Get medical attention. -Inhalation: Remove victim to fresh air and keep at rest in a position comfortable for breathing. Call a poison control center or physician if you feel unwell. -Ingestion: Rinse mouth. Do NOT induce vomiting.Never give anything by mouth to an unconscious person.Get medical attention if you feel unwell. Note to Physicians: Treat symptomatically. ;"'W g Suitable Extinguishing Media: Product does not support combustion,Use extinguishing agent suitable for type of surrounding fire Specific Hazards Arising from the Dried product is capable of burning.Combustion products are toxic. Chemical: Hazardous Combustion Products: May include Carbon monoxide Carbon dioxide and other toxic gases or vapors. Protective Equipment and Wear MSHAINIOSH approved self-contained breathing apparatus(SOBA)and full Precautions for Firefighters: protective gear.Cool fire-exposed containers with water spray. Personal Precautions: Avoid contact with skin,eyes or clothing. Use personal protective equipment as required. Environmental Precautions: Do not rinse spill onto the ground,into storm sewers or bodies of water. Methods for Clean-U : Prevent further leakage or spillage if safe to do so.Contain and collect spillage with non-combustible absorbent material,(e.g.sand,earth, diatomaceous earth,vermiculite) and place in container for disposal according to local/national regulations(see Section 13). Advice on Safe Handling: Handle in accordance with good industrial hygiene and safety practice.Wash thoroughly after handling. Storage Conditions: Keep containers tightly closed in a dry,cool and well-ventilated place. Keep out of the reach of children. Keep from freezing. rt �s_Fwd 0-11 .A �}} r Occupational Exposure Limits: Page 215 Page 617 of 1207 2809- GRUB SCRUB Revision Date: 27-Jul-2015 Engineering Controls, Provide good general ventilation. If work practices generate dust,fumes,gas,vapors or mists which expose workers to chemicals above the occupational exposure limits,local exhaust ventilation or other engineering controls should be considered. Personal Prqjqqlhaftrio�mn Eye/Face Protection: Not required with expected use. Skin and Body Protection: Not required with expected use. Respiratory Protection: Not required with expected use, General Hygiene Considerations: Wash hands and any exposed skin thoroughly after handling, See 29 CFR 1910.132-138 for further guidance. ............. 94"PHY I MOA Appearance/Physical State, i2Lid Color: White or: Orange PH' 6.0-7.0 Melting Point I Freezing Point: No information available. Bolling=Point/!! ilin anqe' > 94 IC 1 200 'F Flash Point: > 100 'C / > 212 'F AST IVI D56 Evaporation Rate: < 1 (Butylacetate= 1) Flammability solid, as No information available, Upper Flammability Limit: No information available. Lower Flammability Limit: No Information available, Vapor Pressure: No information available. Vapor Density: No information available. SpecificGravity: 1.02 SolubMityi!tIL.......Miscible in water Partition Coefficient: No information available. Autoignition Temperaur , b No information available. e Decomposition Temperature: No information available, vlscoslty: No information available. Reactivity: This material is considered to be non-reactive under normal conditions of use. Chemical Stability, Stable under normal conditions. Possibility of Hazardous Reactions: Not expected to occur with normal handling and storage. Conditions to Avoid: Extremes of temperature and direct sunlight. Incompatible Materials: Strong oxidizing agents.Strong acids. Hazardous Decomposition May include carbon monoxide,carbon dioxide(CO2)and other toxic gases or vapors. products: Likely Routes of Exposure: Eyes,Skin, Ingestion, Inhalation. Symptoms of Exposure: -Eye Contact: Pain,redness and swelling of the conjunctiva. -Skin Contact- one expected. -Inhalation: No known effect, -ingestion-, Pain, nausea,vomiting and diarrhea. Immediate,Delayed,Chronic Effects Product Information: Data not available or insufficient for classification. Numerical Measures of Toxicity The following acute toxicity estimates(ATE)are calculated based on the GHS document. AT mix(oral): 16375 mg/kg ATEmix(dermal): 22217 mgYkg Page 315 Page 618 of 1207 2809- GRUB SCRUB Revision Date: 27-Jul-2015 Gorn orient Acute Toxicity Information Chemical Name Oral LD50 Dermal LD50 Inhalation LC50 water >90 mUkg (Rat) Not Available Not Available 7732-18-5 petroleum distillates >5000 mg/kg (Rat) >2000 mg/kg (Rabbit) >5.2 mg/L (Rat)4 h 64742-47-8 mineral oil >5000 mglkg (Rat) Not Available Not Available 8042-47-5 alcohol ethoxylate =1378 mglkg (Rat) >2 g/kg (Rabbit) Not Available 68439-46-3 d-limonene =4400 mg/kg (Rat) >2000 mg/kg (Rabbit) Not Available 5989-27-5 Carcinogenicity: No components present at 0.1%or greater are listed as to being carcinogens by ACGIH, IARC, NTP or OSHA. Ecotoxicity Chemical Name Algae/Aquatic Plants Fish Toxicity to Crustacea Microorganisms petroleum distillates Not Available 45:96 h Pimephales Not Available 4720:96 In Den-dronereides 64742-47-8 promelas mg/L LC50 heteropoda mg/L LC50 flow-through 2.2:96 In Lepomis macrochirus mg/L LC50 static 2.4:96 h Oncorhynchus mykiss mg/L LC50 static mineral oil Not Available 10000:96 h Lepomis Not Available Not Available 8042-47-5 macrochirus m /L LC50 d-Ilmonene Not Available 0.619-0.796:96 h Not Available Not Available 5989-27-5 Pimephales promelas mg/L LC50 flow-through 35:96 h Oncorhynchus mykiss mg1L LC50 Persistence and Dradability:_ No information available. Sloaccumulatlonn No information available. Other Adverse Effects: No information available, Disposal of Wastes: Dispose of in accordance with federal,state and local regulations. Contaminated Packaging: Dispose of in accordance with federal,state and local regulations. ' DOT: Not Regulated Proper Shipping Name: Non Hazardous Product Special Provisions: Shipping descriptions may vary based on mode of transport,quantities, package size, and/or origin and destination. Check with a trained hazardous materials transportation expert for information specific to your situation. IMDG: Not Regulated Proper Shipping Name: Non Hazardous Product TSCA Status: (Toxic Substance Control Act Section 8(b)Inventory) All chemical substances in this product are included on or exempted from listing on the TSCA Inventory of Chemical Substances, Page 415 Page 619 of 1207 2809- GRUB SCRUB Revision Date: 27-Jul-2015 SARA 313 This product does not contain listed substances above the"de minimus"level SARA 3111312 Hazard Cafeories Acute Health Hazard: Yes Chronic Health Hazard: No Fire Hazard: No Sudden release of pressure hazard: No Reactive Hazard: No California Proposition 65 This product is not subject to warning requirements under California Proposition 65. ' INFO NFPA Health Hazards: 1 Flammability: 1 Instability: 0 Special: NIA HMIS Health Hazards: 1 Flammability: 1 Physical Hazards: 0 Revision Date: 27-Jul-2015 Reasons for Revision: Section 14 and 15 Disclaimer: The information provided in this Material Safety Data Sheet is correct to the best of our knowledge,information and belief at the date of its publication.The information given is designed only as a guidance for safe handling, use,processing, storage,transportation,disposal and release and is not to be considered a warranty or quality specification.The information relates only to the specific material designated and may not be valid for such material used in combination With any other materials or in any process,unless specified in the text. 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'lO vtiif,el;)}ir r1ff l,�i`. ' sit1;A<£�t lf�£(�fls 111t1),£s 'tn 1fi{1 - `11;�f:,, s) sss£{}stt itf ss-ids v�lV�d 1t' �{t{ti'v££s�l�t' t`£js'r£{j� A '\ l)t t 7 is KSyAflti i> it �s l 1 Qy�lk ��l 't issll�f)lyvvffV`t}��„r i t k U �li v)i y1�Ut ld t i1 t }l}t 11 ySq¢ vvf 71 I}ice ,A t s(� \� 1 jt B t(1� 't ' s�1'@S( �r I+}�”�� § sit3 u') 44Z i>v{�3t' - �y�tl)!ft lttlj tt ��fs�' tilt��y�s) (y)Ss£ l\Sy t�£��tvi�}i tfti k�l!'rss ky t}1) `l3�'��tali (00229251.2 306-9001821) Page 627 of 1207 The City of Boynton Beach Purchasing Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 FAX. (561)742-6316 INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID No.: 010-2511-19/IT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426 on or by: January 8, 2019; No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of BID NO. 010-2511-19/IT — JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 1 FACILITIES(REBID) Page 628 of 1207 Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmani flus BASIC SCOPE OF SERVICES: The City of Boynton Beach is seeking bids from qualified contractors to provide comprehensive janitorial services for the City's municipal buildings and facilities as further defined in the specifications and requirements. A MANDATORY PRE-BID MEETING and SITE-VISIT will be held on December 14, 2018, 9:00 A.M., at Boynton Beach City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. After the pre-bid meeting, attendees will be required to attend mandatory site–visits of the following locations: City Hall; Police Department – 2045 High Ridge Road; Utility Billing & Police Department Customer Service – 209 N. Seacrest Blvd. These locations require attendees to be escorted by an authorized City representative. Inspection of the other locations is optional. The bidder is cautioned that, although the site visits of the other locations listed within this bid are optional, no modification or any changes will be allowed in the pricing because of the failure of the bidder(s) to have visited the sites. Attendance at both the pre-bid conference and site inspections of City Hall, the Police Department and Utility Billing is mandatory and proof of attendance will be evidenced by the Bidder's signature or signature of Bidder's designee on the attendance sheet provided. Firm proposals will be rejected if the respondent has not attended the conference and the site inspections. In an attempt to minimize disruption to and interference with regular City operations, attendance is limited to no more than two (2) representatives from any one firm. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 Ilyse Triestman, Purchasing Manager (561) 742-6322ortriestmani flus Office Hours: MONDAY– FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH —is:w TIM W. HOWARD ASSISTANT CITY MANAGER –ADMINISTRATION BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 2 FACILITIES(REBID) Page 629 of 1207 INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID No.: 010-2511-19/IT Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until January 8, 2019 at 2:30 P.M. LOCAL TIME) in Purchasing Services located at 3301 Quantum Blvd., Suite 101, Boynton Beach, FL. 33426. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original. so designated. two (2)Qpies along with one (1) electronic copy on a USB thumb drive, for a total of four (4) submissions of the response shall be submitted in one sealed package clearly marked on the outside, of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" to: City of Boynton Beach, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426. E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 3 FACILITIES(REBID) Page 630 of 1207 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 4 FACILITIES(REBID) Page 631 of 1207 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 5 FACILITIES(REBID) Page 632 of 1207 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 6 FACILITIES(REBID) Page 633 of 1207 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 7 FACILITIES(REBID) Page 634 of 1207 and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 8 FACILITIES(REBID) Page 635 of 1207 Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Contract Administrator or his or her designee and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Manager and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 9 FACILITIES(REBID) Page 636 of 1207 PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 Quantum Blvd., Suite 101, Boynton Beach, FL. 33426. 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Ilyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322; E-mail triestmaniAbbfl.us BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 10 FACILITIES(REBID) Page 637 of 1207 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. SCRUTINIZED COMPANIES - 287.135 and 215.473 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 11 FACILITIES(REBID) Page 638 of 1207 SPECIAL TERMS AND CONDITIONS INTENT: The intent of this contract is to insure a high level of custodial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. All areas serviced by this contract will be inspected routinely by the Contract Administrator or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance meeting Section 20, Materials & Equipment; Section 21, Quality of Standards and Workmanship; and Sections 22 through 26, Task Schedules as described herein. Any deviations or deficiencies noted by the Contract Administrator will be brought to the attention of the contractor through the use of the Custodial Services Report (see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become subject to penalty as outlined herein. The twenty-four-hour grace period may be extended in writing by the Contract Administrator should extraordinary circumstances warrant such extension in his/her judgment. Disputes over inspections or deficiencies will be resolved in accordance with Section 19, Disputes. BID TERM: The initial term of the Bid awarded shall be for two (2) years from the effective date of the bid award and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is in the sole and exclusive discretion of the City. BASIS OF AWARD: The City intends to award this bid to the lowest priced responsive and responsible bidder meeting all specifications and requirements per group. The bidder must bid on all locations within the group to be considered for award of group and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all locations within the group will be construed as incomplete and ineligible for award of the group. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 12 FACILITIES(REBID) Page 639 of 1207 ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." Items within this section will not be considered in the evaluation process for award recommendation. BONDS: BLANKET FIDELITY (DISHONESTY) BOND: The awarded bidder must furnish a Blanket Fidelity (Dishonesty) Bond in the amount of $10,000.00 upon award. PAYMENT AND PERFORMANCE BONDS: For awarded bids of $25,000.00 or more, the successful bidder shall furnish a performance bond, cash bond, or irrevocable letter of credit or alternative means of security to protect the City from loss in the event of the Vendor's default in the performance of work which is subject of the award. Amount of such bond will be $50,000. The successful bidder will provide a Performance Bond for the two-year contract and for the duration of any and all extensions. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until Contractor has complied with this requirement. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 13 FACILITIES(REBID) Page 640 of 1207 business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. For the purposes of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. 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 Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure"): The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay, or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: a) The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; c) No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and d) The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 14 FACILITIES(REBID) Page 641 of 1207 INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the "itemized" invoice and the Work Schedule (Logs) and review of any Custodial Service Reports. The contractor will submit date and time stamped before and after pictures for all work being invoiced. This shall include all contract items listed in the SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS, Section 21. QUALITY STANDARDS AND WORKMANSHIP. The Finance Department processes payments either through E-Payables or paper checks every two (2) weeks and all checks are mailed; no exceptions. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach Attn: Gail Mootz, Project Supervisor/Contract Administrator 222 NE 9th Avenue Boynton Beach, Florida 33435 All invoices submitted shall consist of an original and one (1) copy as follows: ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide a clear description to identify the goods and services for which payment is requested; ➢ Contain date of delivery and/or completion of phased services; The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. CONTRACT ADMINISTRATOR: The Contract Administrator is Gail Mootz, Project Supervisor/Contract Administrator, 222 NE 9th Avenue, Boynton Beach, Florida 33435. Telephone no.: (561) 742-6223. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 15 FACILITIES(REBID) Page 642 of 1207 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS 1. PURPOSE AND INTENT The purpose and intent of this Invitation to Bid is to secure firm fixed pricing and to establish a term contract for comprehensive janitorial services at various locations within the City of Boynton Beach. 2. SERVICE PERFORMANCE The intent of this contract is to insure a high level of custodial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. All areas serviced by this contract will be inspected routinely by the Contract Administrator or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance meeting Section 20, Materials and Equipment; Section 21, Quality of Standards and Workmanship; and Sections 22 through 25, Task Schedules as described herein. Any deviations or deficiencies noted by the Contract Administrator will be brought to the attention of the contractor through the use of the Section 25, Custodial Services Report (see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become subject to penalty as outlined herein. The twenty-four-hour grace period may be extended in writing by the Contract Administrator should extraordinary circumstances warrant such extension in his/her judgment. Disputes over inspections or deficiencies will be resolved in accordance with Section 19, Disputes. 3. WORK SCHEDULE Work is to be performed after Normal Operating Hours as noted in the Section 28, COBB facility cleaning frequencies chart for each facility unless otherwise noted or mutually agreed upon; see the Normal Operating Hours in the Section 28, COBB facility cleaning frequencies chart. A schedule will be furnished to the City and updated as necessary, indicating the name of the supervisor assigned to oversee the work and including the supervisor's day and evening telephone numbers. Bidders must submit a complete list of janitorial/custodial materials, equipment, products and brands to be used; see Section 25, Materials and Equipment. Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the City's Contract Administrator. The subcontractor, if approved, will be bound by the conditions of the contract between the City and the awarded contractor and will perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and request for emergency services will be directed to the contractor. All direction given to the subcontractor on the work site will bind the contractor as if the notice had been given directly to the contractor. 16 Page 643 of 1207 Contractor must provide a telephone number and a named contact person who can be reached during all working hours for emergencies and resolving problems. 4. DUE DILIGENCE Each bidder shall complete a Statement of Bidder's Qualifications which will be used as a source of information in the evaluation process. The following factors will be considered to determine the responsibility of the bidder. • Experience of the firm with similar projects. • Background and experience of principal members of the personnel, including officers. • Bonding capacity. • Evidence of possession of required licenses or business permits. • Contracts on hand. • Largest completed contracts. • Review of references. • Consideration of past lawsuits or arbitrations to which the firm has been a party. 5. COMMUNICATIONS The contractor or his/her representative will meet with the City's contract administrator on a monthly basis, or more frequently if necessary, to discuss schedules, problems, needs, and mutual areas of concern. The contractor or his/her representative will report any building and/or infrastructure issues or problems on a nightly basis to the Public Works Main Answering Point, (561) 742-6200. Any emergency with the building/infrastructure that require immediate attention must be reported to Dispatch (561) 732-8116. The use of the Section 28, Custodial Services Report (CSR) will establish a system whereby notice is given by the City to the contractor indicating problems, complaints, and other contract discrepancies. The contractor will have one (1) twenty-four-hour daily cycle immediately following notification by a Custodial Services Report to correct a deficiency and request a re-inspection; failure to pass the re-inspection will result in a penalty charged as outlined in Section 18, Penalties. 6. WORK LOG The City will allow the contractor to install a time clock in the janitorial closet of Intracoastal Clubhouse Park for their use in tracking employee times. The contractor's supervisor will be required to maintain a daily work log showing deviations from the assigned work schedule, or when work assignments have not been completed and supply copies to the contract administrator on a daily basis. The contractor will supply the contract administrator by the 3,d of each month a timekeeping log showing the facility name, date, hours at facility and task completed for all scheduled items. It will be the contractor's responsibility to ensure that sufficient manpower is available to complete the assigned tasks irrespective of sickness, holidays, vacations, or other personnel matters. Only Police Department approved personnel shall be allowed to access the Police Department. 17 Page 644 of 1207 Relief personnel will be provided as necessary and work overtime as necessary, at no additional cost to the City, to ensure adherence to Sections 27 through 32, Task Schedules. Only Police Department approved personnel shall be allowed to access the Police Department. Porter service will be provided to the City of Boynton Beach, Monday-Friday from 10:00 am-2:00 pm. The porter will be housed at City Hall and be utilized throughout the city as needed. Contractor will submit to the contract administrator within 30 days of the contract award the following schedules: ➢ WEEKLY tasks by facility o Cleaning o Floor (VCT, Tile, Marble, Carpet) ➢ MONTHLY tasks by facility. (JANUARY THROUGH DECEMBER EVERY MONTH) o Cleaning o Floor (VCT, Tile, Marble, Carpet) ➢ QUARTERLY tasks by facility. (MARCH, JUNE, SEPTEMBER, DECEMBER) o Cleaning o Floor (VCT, Tile, Marble, Carpet) ➢ SEMI-ANNUAL tasks by facility. (MARCH, SEPTEMBER) o Cleaning o Floor (Strip and wax VCT, Tile, Marble, Steam clean Carpet) ➢ YEARLY tasks by facility. (FEBRUARY) o Cleaning o Floor (VCT, Tile, Marble, Carpet) Every Friday by 2:OOpm the Contract Supervisor will supply the Contract Administrator the following weeks schedule for all nightly work that does not fall under Section 27 Task schedules —daily tasks. 7. TRAVEL The City of Boynton Beach will not responsible for any travel expenses. 8. CONTRACTOR RESPONSIBILITY Contractor will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. Contractor will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Form (Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified including coordinating City issued photo ids, keys, access cards, and background checks through the contract administrator. 9. TAXING RESPONSIBLITIES With submission of this bid proposal, the contractor understands that the City of Boynton Beach is not responsible for any federal, state, or locally mandated tax withholding associated with wages of the vendor's employees and/or any of its subcontractors. 18 Page 645 of 1207 10. SUPERVISION AND STAFF The contractor shall provide at least one (1) on-site supervisor for each crew engaged in work under this contract with the following qualifications and responsibilities. • The on-site supervisor must be fluent in the English language. • The successful bidder shall provide an adequate number of trained and qualified supervisors and staff capable of providing the necessary labor to satisfy the contract. • The on-site supervisor's qualifications shall be determined by a substantiated history of at least three (3) years of on the job custodial experience, including at least one (1) year of supervisory experience in the field of custodial services. • The on-site supervisor will be provided a pager and/or cell phone at the contractor's expense and the number will be provided to the City. • The on-site supervisor will be responsible for the instruction and training of personnel in proper work methods and procedures. • The on-site supervisor will schedule and coordinate all services and functions as required by the contract and as specified in the Task Schedules with the Contract Administrator. • The on-site supervisor shall be authorized by the contractor to accept and act on all directives issued by the City's contractor administrator. Failure of the on-site supervisor to act on said directives shall be sufficient cause for the City to give notice that the contractor is in default of the contract. 11. PERSONNEL REQUIREMENTS Persons employed by the contractor in the performance of services pursuant to this bid shall not be considered employees of the City, shall be independent thereof and shall have no claim against the City as to pension, workers' compensation, unemployment compensation, insurance, salary, wages or other employee rights of privileges granted by operation of law or by the City of Boynton Beach and shall be 18 years of age or older. All employees assigned by the contractor shall be fully capable, experienced, and trained in the work they are employed to perform. They shall be physically able to complete the cleaning tasks outlined in these specifications. The Contractor shall submit to the City administrator certificates for each employee bio-hazard clean-up certified. The contractor may be working in areas containing sensitive or restricted information or materials. All employees must be covered by a blanket fidelity bond in the amount of$10,000; a copy of which must be provided to the City upon notification of award. 19 Page 646 of 1207 Prior to any employee of the contractor commencing work, the employee will submit: ➢ An application to the Volunteer& Employee Criminal History System (VECHS) ➢ Fingerprinting under the National Child Protection Act of 1993, as amended. ➢ Background check per Section 943.0542, Florida State Statues per Section 16, Contractor Responsibility, coordinated by the City's contract administrator through the City's Human Resources Departments. ➢ Additionally, CJST Security Policies will need to be met before any contract employee with be granted access to any of the City's Police facilities by the City's Police Department. ■ Contract Personnel assigned to City's Police facilities by the City's Police Department shall complete the Police Department questionnaire and submit with all associated paperwork to the contract administrator within 7 days of contract award. If the contractor fails to submit the required Police Department questionnaire and associated paperwork, a deduction of 10% of the monthly fee will be deducted per day for each day the Police Department questionnaire is not submitted to the contract administrator. ■ City issued photo identification badges and access cards, which will limit access to certain City facilities, will not be issued until such time that the Contract Personnel has passed the City's Police Department's requirements. The contractor will be responsible for: ➢ Notifying the contract administrator of any lost City issued photo identification badges, access cards, or keys. The contractor will be billed for any costs incurred for their replacement. ➢ Surrendering the City issued photo identification badges, access cards, and all issued keys for any contract employee no longer working on City property. ➢ Surrendering the City issued photo identification badges, access cards, and all issued keys at the end of the contract or final payment will be withheld. The City will exercise full and complete control over granting, denying, withholding, or terminating clearance for any of the contractor's employees. Employees whom the City deems careless, discourteous, or otherwise objectionable or who cannot meet standards required for security or other reasons will be prohibited from entering the building(s). 12. SECURITY AND ACCESS All contractor employees will display City issued photo identification badges while working on City premises as noted in Contractor Responsibility. No employees will be allowed access to any City facilities area without displaying the required City issued photo identification badge, wearing uniform shirts clearly identifying the company's name, and wearing closed toe, rubber soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3" above the knee caps. The contractor will work in several areas which are: ➢ Under secured access ■ Shall be maintained in a secured condition and will be locked immediately upon the contractor completing their daily operations. ➢ Generally opened to the public for meetings, rentals, and other uses. Schedules of all public meetings and uses will be provided to the contractor on a monthly basis when available. 20 Page 647 of 1207 NO EXTERIOR DOORS SHALL BE PROPPED OPEN AT ANY TIME. Daily custodial services cannot be performed or completed in various conference rooms or meeting areas until meetings have ended. The contractor's operations will not interfere with these meetings. Meeting schedules will in no way diminish the contractor's responsibility for cleaning the meeting areas after public use. 13. KEY CONTROL Contractor shall: ➢ adequately secure the keys, access cards, other entry devices, and codes provided by the City. ➢ shall maintain a record of the keys numbers issued to its employees. I key list will be provided to the City Administrator with 30 days of contract start date. (Contractor shall not duplicate and shall not allow such items to be duplicated.) ➢ the contractor will be responsible to pay for any broken keys. Any such item which become lost, missing, or stolen shall be immediately reported to the City representative by the contractor. Should the contractor lose or have stolen any keys or access cards issued to the contractor by the City, the cost of changing locks or keys to the buildings, rooms, or areas accessible by the lost or stolen keys will be deducted from the contractor's invoice to the City for the work performed under this contract. 14. SPECIAL AND UNFORESEEN WORK Due to the generalized nature of the work under this contract, instances may occur where the City has need for additional cleaning and custodial services outside the original intent of this contract. Requests for special work will be authorized in writing only through the Contract Administrator under the section for the Monthly Price Schedule. A separate hourly rate is requested as part of the Special Services under the section for the Monthly Price Schedule. The contractor will be required to submit a separate invoice for hours worked, a service fee, and itemized materials. An emergency contact number shall be supplied for emergency cleaning services. The contractor will be required to respond by phone within 30 minutes of the call and be on-site with one hour after contacted by the Contract Administrator. 15. PROTECTION OF PUBLIC AND PRIVATE PROPERTY The contractor shall exercise all necessary caution to protection pedestrian traffic and all public and private property from injury and damage caused by the contractor's operations. Any practice obviously hazardous in the opinion of the Contract Administrator shall be immediately discontinued by the contractor upon receipt of either written or oral notice to discontinue such practice. The contractor shall comply with all OSHA and other Federal, State, and Municipal safety standards and policies. Contractor shall supply for the City's review and approval Material Safety Data Sheets (MSDS) for all supplies used and shall maintain a MSDS book in the main custodial closet in every complex. 21 Page 648 of 1207 It shall be the responsibility of the successful bidder to maintain worker's compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition (see Insurance Advisory Form). 16. LOST AND FOUND ARTICLES Contractor will ensure that all articles found in City buildings or on City property by their employees while performing duties under this contract, will be returned to the Contract Administrator no later than one work day after finding the item. 17. CUSTODIAL CLOSETS AND UTILITIES Custodial closets shall be kept orderly and clean at all times. City shall supply electric power and water without charge to the contractor. Contractor will use the City's utilities as needed, but without waste by ensuring all water supplies and light fixtures are turned off as cleaning is completed. 18. PENALITIES Any deficiency communicated in writing per Section 18, Communications on the Section 32, Custodial Services Report (CSR) to the contractor, and not corrected within the time limits as described within the below specifications shall become subject to a financial penalty for nonperformance or substandard performance. Penalties, if any, shall be withheld from the monthly payment to the contractor as Iiquated damages to the City. Penalties, if applied, do not limit the right of the City to seek other redress for nonperformance or substandard performance. The fee structure for task deficiency shall be as follows: Task Deficiency Chart "A" • Facility completely missed — 10% of the Monthly Fee for the relevant building. • Facility left unlocked —5% of the Monthly Fee for the relevant building. • Paper Products (Toilet Paper and Hand Towels) not filled — 10% of the Monthly Fee for the relevant building. • Soap Dispensers not filled — 10% of the Monthly Fee for the relevant building. Task Deficiency Chart "B" • Deficiency in a Daily Task—5% of the Monthly Fee for the relevant building. • Deficiency in a Weekly Task— 10% of the Monthly Fee for the relevant building. • Deficiency in a Monthly Task— 15% of the Monthly Fee for the relevant building. • Deficiency in a Quarterly Task—20% of the Monthly Fee for the relevant building. • Deficiency in a Semi-Annual Task—25% of the Monthly Fee for the relevant building. • Deficiency in an Annual Task—25% of the Monthly Fee for the relevant building. 22 Page 649 of 1207 Contractor shall respond to a reported Section 32, Custodial Services Report (CSR): • 30 minutes to acknowledge CSR • 60 minutes to be on site to correct daily deficiencies in CSR. • * 24 hours to correct any weekly, monthly, quarterly, semi-annual, and annual deficiencies in CSR, with the exception to "Task Deficiency Chart "A" above. These items need to be corrected within 1 hour of notification by the Contract Administrator or his/her designee. *Penalties shall repeat each twenty-four-hour daily cycle until such time as the deficiency is corrected. 19. DISPUTES The contractor shall faithfully perform all work as set forth in these specifications. If the contractor fails to faithfully perform in accordance with the specifications, or if a dispute arises as to the quantity and/or quality of work completed, the City's Contract Administrator reserves the right to withhold payment until such time that the performance dispute has been remedied. In case of any doubt or difference of opinion as to items to be furnished hereunder, the decision of the City Manager shall be final and binding upon both parties. 20. MATERIALS AND EQUIPMENT All products/materials are to be Green Seal Certified or Bio-Renewable and approved by the City prior to their use. Failure to use the approved products/materials will result in a penalty based on the fee structure for task deficiency outlined in Section 10, Penalties. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Exceptions are items specified as "NO SUBSTITUTES". No substitutes will be accepted for the supplies except for the Grit Soap. The City may consider approved equals for the Grub Scrub Hand Soap. The items to be furnished by the contractor will include, but not be limited to, the following: • All paper and soap products including paper towels, toilet paper, and soap. NO SUBSTITUTES: Toilet Tissue— RENO6125-WB, Single Roll, Bath Tissue, 2ply, 3—%x 4 Paper Towels — RENO6131-WB, Controlled Hand Roll Towel, White Hand Soap (Hands-free dispenser) — RENO2544, Antibacterial Foam Soap, 1200ml Hand Soap — RENO2528, Antibacterial Hand wash Soap, 1250ml Body Soap & Shampoo — RENO02493, Renown Gen II, 2000ml, Body/Hair Shampoo Grit Soap —SPA2810-04, Grub Scrub Hand Soap w/Pumice, Flat Top Gallons Urinal Screen — REN03070-FR, Cotton Blossom (Replaced every 21 days) • All urinal screens and cleaners. WATER-FREE URINALS: Screens and Cleaners must meet the manufacturer's specifications for water-free urinal maintenance. • All plastic liners for waste receptacles. • All cleaning materials and equipment necessary to complete specifications including wiping and dust rags (NO FEATHER DUSTERS), mops, brooms, buckets, vacuum 23 Page 650 of 1207 cleaners, buffing machines, carpet extractors, and specialty equipment including waste collection containers. • A listing of all materials and equipment to be used shall be part of the proposal and shall be of industrial or commercial type. • A record of all Material Safety Data Sheets (MSDS) for those products/materials used or stored on City property shall be maintained at each complex at all times for public reference as outlined in Section 15, Protection of Public and Private Property and a copy supplied to the contractor administrator. The Contractor shall submit a quarterly report of all supplies used in the performance of the work to the Contract Administrator. The report shall minimally include but not be limited to the following information: list of supplies per location, quantity of supplies, etc. 21. QUALITY STANDARDS AND WORKMANSHIP The following statements indicate the general standards and workmanship to be furnished under this contract: 1. Garbage/Trash & Recycling (DAILY) a. All garbage/trash and recycling from the interior and exterior of the facilities is to be gathered and not co-mingled and then placed into the appropriate carts and/or containers provided by the City. (Note: The collection of garbage/trash does not include the large trash barrels throughout the grounds of our parks. Also, nothing shall be removed from desks and/or tables as all trash/recycling must be in the appropriate receptacle or next to the receptacle marked as trash or recycling in order to be collected.) b. All garbage/trash and recycling collection containers are to be wiped out/down as necessary to provide a clean appearance and pleasant smell and then lined with a plastic bag of the appropriate size. 2. Paper& Soap Dispenser Maintenance (DAILY) a. All paper and soap dispensers will be filled daily with the specified products as noted in Section 25, Materials and Equipment. b. The exteriors of all dispensers are to be dusted or wiped down to remove all dirt, dust, and miscellaneous debris. c. Malfunctioning dispensers are to be marked with a note stating "Out of Order' and reported immediately to Facilities Management Main Answering Point of (561) 742-6200, along with an email to the Contract Administrator; mootzg@bbfl.us 3. Floor Cleaning — Hard Floors (DAILY) a. NOTE: Proper safety signage will be used for the safety of the buildings' occupants and visitors should they appear when any Hard Floor Cleaning occurs. b. Hard floor cleaning will include (VCT, Tile, Marble) open areas, in corners, behind doors, under the furniture, stairs, and stairwells. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. c. Dust mopped floors should be done with microfiber cloths. d. Wet mopping of tile will occur after dust mopping or sweeping (NO SWEEPING IN THE LIBRARY) and is to present a clean floor that is free of streaks, smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only approved cleaners/detergents will be used in the mop water for wet mopping hard floor 24 Page 651 of 1207 surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. e. Concrete floors, such as those in the parks, shall be swept first. Spots will be scrubbed with a brush and then the floors shall be sprayed with cleaner/disinfectant and hosed off into the floor drain. Any debris collected on the grates of the floor drains shall be removed and disposed of. f. (QUARTERLY) Tile & Marble to be spray buffed to show a "Wet Look" gloss. Spray buffing shall only be accomplished after the floor is cleaned of all dirt or loose material. g. (SEMI-ANNUAL) VCT & Marble to be refinished with floors being completely stripped of all wax to the original surface of the floor, resealed with an approved product, re-coated with a minimum of five (5) coats of an approved wax allow, each coat allowed to dry before applying the next coat, and buffed using an appropriate buffing machine to show a "Wet Look" gloss. h. (QUARTERLY) Ceramic Tile grout will be steam cleaned and then sealed. 4. Floor Cleaning - Carpet(DAILY) a. Carpet vacuuming and cleaning will include open areas, in corners, behind doors, and under the furniture. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. b. Carpet vacuuming will be accomplished only with a properly maintained vacuum cleaner with a hepa-filtration system and will include carpeted floor mats; floor mats are not to be broom cleaned. c. (WEEKLY) Carpet is to be spot cleaned and cleaned only with an approved dry method extraction system. Heavy use carpet areas and carpeted mats will be cleaned to maintain a dirty-free appearance. d. (QUARTERLY) Carpet will be pre-treated and steam cleaned. 5. Glass & Mirror Cleaning (DAILY) a. Glass and mirrored surfaces will be cleaned free from streaks, smears, and Spots. b. All interior glass, entryways will be cleaned free from streaks, smears, and spots during each scheduled visit. 6. Water Fountain Cleaning (DAILY) a. Water fountains both on the interior and exterior of the facilities are to be cleaned and sanitized and all chrome is to be polished. 7. Breakroom & Kitchen Cleaning (DAILY) a. Breakroom & Kitchen Cleaning shall consist of Garbage/Trash & Recycling, Paper& Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal/Flat Surface Cleaning, and the cleaning and polishing of all chrome/metal fixtures, appliance exteriors including vending machines, and the cleaning and disinfecting of sinks to be free from dirt, food particles, grease, grime, and stains. 25 Page 652 of 1207 8. Restrooms and Locker Room Cleaning (DAILY) a. NOTE: Water-free urinals will be cleaned in accordance with the manufacturer's instructions. b. Restroom and locker room cleaning shall consist of Garbage/Trash & Recycling, Paper& Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal & Vertical Flat Surface Cleaning, the cleaning and polishing of all chrome/metal fixtures, and the cleaning and disinfecting of all sinks, toilets, and urinals to be free of dirt, grime, and stains and to include the periodic replacement of urinal deodorizers which would be approximately 15% smaller than the originally installed deodorizer. This is to include flushing and/or plunging any clogged or filled toilets or urinals. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. The cloths and sponges used in cleaning and disinfecting toilets, urinals and other surfaces contaminated with urine or feces shall be a color readily distinguished from cloths and sponges used on other surfaces and fixtures. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. 9. Custodial Closets (DAILY) a. Custodial closets will be clean with stock and equipment stored neatly. Trash and used materials/supplies including dirty mop water are not to be left in the closet at any time. All faucets/valves are left securely in the closed position. No lights are to be left on when the closet in not in use. 10. Elevators (DAILY) a. Elevator doors and walls are to be cleaned of any dirt. Elevator floors are to be swept or vacuumed according to the type of flooring in the elevator. 11. Furniture Cleaning (WEEKLY) a. All vinyl, metal, and/or wood surfaces of furniture are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. b. Cloth surfaces of furniture will be spot cleaned with an approved dry method extraction system. 12. Horizontal &Vertical Flat Surface Cleaning (WEEKLY) a. Horizontal and Flat Surfaces shall be wiped clean and/or dusted completely free of all loose and adhering or other foreign material on the original finish of a surface. A clean surface will appear both physically and visually clean, free from streaks, or other residue. b. NO feather dusters 13. Vent Cleaning (MONTHLY) a. All air conditioning supply and return air vents are to be wiped down with a treated soft cloth to remove all dust, dirt, and grime. 14. Window Blind Cleaning (SEMI-ANNUAL) a. Window Blinds are to be vacuumed on both sides with a soft-brush attachment and wiped down with cleaner and soft cloth or professionally, chemically dipped. 26 Page 653 of 1207 15. Exterior/Interior Window Cleaning (SEMI-ANNUAL) a. Wash and squeegee dry all windows both on the exterior and interior leaving the glass streak-free. All dirt and dirty water must be wiped or rinsed off the window sills. 16. Exercise Equipment Cleaning (WEEKLY- Hester Center and Police Department) a. All surfaces of exercise equipment are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. b. NOTE: Proper safety signage will be used for the safety of the buildings' occupants and visitors should they appear when any Hard Floor Cleaning occurs. 1. Concrete floors shall be swept first. Rubber mat floors shall be swept first. Spots will be scrubbed with a brush and then the floors shall be mopped with cleaner/disinfectant. Wet mopping of floors will occur after dust mopping or sweeping and is to present a clean floor that is free of streaks, smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only approved cleaners/detergents will be used in the mop water for wet mopping hard floor surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. 22. TASK SCHEDULES— DAILY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Garbage/Trash and Recycling • Paper and Soap Dispenser Maintenance • Floor Cleaning — Hard Floors to be Dust Mopped • Floor Cleaning —Carpet and Carpeted Floor Mats to be Vacuumed • Glass and Mirror Cleaning —Storefronts and Entranceways • Water Fountain Cleaning • Break Room Cleaning • Restrooms and Locker Room Cleaning • Custodial Closets • Elevators 23. TASK SCHEDULE—WEEKLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning — Hard Floors to Wet Mopped • Floor Cleaning —Carpet to be Spot Cleaned • Furniture Cleaning —Wipe Down • Horizontal/Flat Surface Cleaning 24. TASK SCHEDULE — MONTHLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning — Hard Floors (VCT and Marble) to be Spray Buffed • Vent Cleaning 25. TASK SCHEDULE —QUARTERLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning — Hard Floors (Ceramic Tile) Machine Scrub Grout, Damp Mop, and Seal • Furniture Cleaning/Upholster/Spot Cleaning 27 Page 654 of 1207 26. TASK SCHEDULE —SEMI-ANNUAL TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) Semi-annual tasks are to be completed in February and August. Scheduling will be coordinated with the Contract Administrator and the Departmental Contact to ensure that no programming or rentals of the facilities are scheduled. • Floor Cleaning — Hard Floors (VCT and Marble) Refinished • Floor Cleaning —Carpet to be cleaned in its entirety; this is not spot cleaning • Window Blind Cleaning • Exterior/Interior Window Cleaning THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 28 Page 655 of 1207 27. CUSTODIAL SERVICE REPORT (CSR) CUSTODIAL SER CES REPORT eat email tai INlax��iin F ilio l�la nerr�er�t.. i g/Area: Contact Ferson ion: I rnme of Inspection: DAILY LOCATION N . -1f Areas, ❑ Custodial Closets ❑ Garbage/Trash ❑ Recycle ❑ Dust Flop Fibors.�VCT/wlarble ❑ vacuum(carpet) ❑ Glass Cleaning ❑ Water Fountain(Wipe down and Pollisf ❑ Elevator Restoomlgreak goomllorker Room ❑ Paper Towel Dispenser ❑ Toilet Paper Dispenser ❑ Soap Dispenser ❑ mirror Cleaning ❑ 'met Mop Floors: ' EL -1f Areas, ❑ Wet Flop"ALL"floor, ❑ Furniture dusting(Wipe clown) ❑ Horizontal(Flat Surface cleaning) ❑ Vertical(Flat Surface cleaning) MONTHLY All Areas ❑ Carpet Spot Cleaning ❑ Veer#Cleaning 29 Page 656 of 1207 28. COBB FACILITY CLEANING FREQUENCY CHART (HOURS OF OPERATION, BUILDING USE AND DOOR KEY IDENTIFICATION). ALL CLEANING MUST OCCUR BETWEEN 6 PM AND 7 AM UNLESS NOTED OTHERWISE (*) BELOW. Any suspicious activities or hostile person(s) should be reported immediately to the Boynton Beach Non-Emergency (Dispatch) at 561-742-6035 and then report via email or text: Gail Mootz MootzGabbfl.us —office 561-742-6223. NON-EMERGENCY AFTER-HOUR REPAIRS OR ISSUES CAN BE REPORTED VIA THE PUBLIC WORKS VOICE MAILBOX @ 561-742-6200. NOTE: All Mechanical, Custodial, Park Restrooms, and Facilities Management Office are the M'key. Updated: 01/01/15 BUILDING KEY Building Use Normal Operating Cleaning Frequencies Hours Mona Staff Only 1913 Schoolhouse Museum Recreational Tues.-Sat. loam-Spm Monday -Saturday 141 E. Ocean Avenue C Facility Rentals Amphitheatre Restrooms (Kid's Restroom Kingdom) (until demolition) M Building Dawn to Dusk Everyday 141 E. Ocean Avenue Barton Mem.Park Restroom Bldg. Restroom 1110 N.W. 511'Street M BuildingDawn to Dusk Everyday Boat Club Park Clubhouse Building B Recreational Mon/Wed/Fri 9am-4pm Monday/Wednesday/Friday 2010 N.Federal Hwy. Facility Rentals Boat Club Park Restroom Building M Restroom Everyday, 2010 N.Federal Hwy. Building 24 hours/day Including Mid-Day Cleaning City Hall Prox. Office Building Mon.-Fri. 7am-6pm Monday—Friday 3301 Quantum Blvd., Suite 101 Card Mon.-Fri. 7am-5pm Billing/Police Department Sub- Prox. *RESTRICTED Monday—Friday station/Internal Affairs Card Office Building ACCESS: Cleaning 209 N. Seacrest Blvd. should start at 7:00am and be completed by 1:00 m. 24/7 Police Station Office Bldg. *RESTRICTED 2045 High Ridge Road Prox. w/4 Holding ACCESS: Cleaning Monday-Friday Card Cells should start at 7:00am and be completed by 1:00 m. Congress Ave Park Tennis Ctr. Pro Recreational Mon.-Thurs. 8am-9pm Shop &Restrooms&Barrier-Free B Facility Friday Sam-5pm Everyday 3111 S. Congress Ave. Sat. & Sun. Sam-lpm Ezell Hester Park Community Ctr. Recreational Mon.-Sat. 8am-5pm 1901 N. Seacrest Blvd. B Facility Rentals Monday—Saturday Ezell Hester Park Office & B& Everyday Restrooms Building by Courts 7707 Recreational Facility Sun.-Sat. 8am-9pm 1901 N. Seacrest Blvd. Ezell Hester Park Concession/Press Box Building B Recreational Facility Saturday Sam-I Ipm Everyday 1901 N. Seacrest Blvd. 30 Page 657 of 1207 Fire Station#3 Community Room & F (Also Office Monday-Wednesday-Friday Public Restrooms Only has Building Program Driven 3501A N. Congress Ave Prox Cards Fire Station #5 Offices & F (Also Office Mon.-Fri. Monday—Friday Community Room Only has Building 8am-5pm 2080 High Ridge Road Prox Cards Galaxy Park Restroom Building M Restroom Dusk to Dawn Everyday 461 W.Boynton Bch Blvd. Building Intracoastal Park Clubhouse including 1st floor building apron Recreational Tue.-Sat. 10am-2pm and 2°d floor deck B Facility Rentals Monday—Saturday 2240 N.Federal H Intracoastal Park Main Pavilion Restroom Restrooms M Building Dawn to Dusk Everyday 2240 N.Federal H Intracoastal Park Restroom Restroom Building M Building Dawn to Dusk Everyday 2240 N.Federal H Jaycee Park Restroom Building Restroom Dawn to Dusk 2600 S.Federal Hwy. M BuildingEveryday Mon.-Thu. 9am-8:30pm Library No Key Recreational Saturday 9am-5pm Monday-Thursday 115 N.Federal Hwy. ocardx Facility *Cleaning needs to be and Saturday, Access done between lam& Including Mid-Day Closing.. Cleanin Mangrove Park Restroom Building M Restroom Dawn to Dusk Everyday 700 N.E. 4h Ave. Building Meadows Park Restroom Building M Restroom Dawn to lOpm Everyday 4305 N. Congress Ave. Building Oceanfront Park Headquarters Code Office Building Dawn to Dusk 6415 N Ocean Blvd,OR 3124 Everyday Oceanfront Park Restroom Building Restroom Everyday, 6415 N Ocean Blvd,OR M Building Dawn to Dusk Including Mid-Day Cleanin Oceanfront Park Pavilion/Changing Restroom Rooms M Building Dawn to Dusk Everyday 6415 N Ocean Blvd,OR *RESTRICTED Monday-Wednesday-Friday Police Substation#2 (Old FD2) ACCESS: Cleaning 2210 S. Congress Ave. Prox. Office Building should start by 9:OOam Card and be completed by 1:00 m. Palmetto Greens Park Restroom Restroom Building M Building Dawn to Dusk Everyday 421 N.E. 131 Ave. Pence Park Restroom Building M Restroom Dawn to Dusk Everyday 400 S.E. 5th Ave. Building Pioneer Canal Park Restroom M Everyday Building Restroom Dawn to Dusk t1, Building 848 N.W. 13 Ave. Pistol Range Offices Mon.-Fri. 7am-6pm; >NOTE: BUILDING IS *RESTRICTED ALARMED Prox. Office Building ACCESS: Cleaning Monday-Wednesday-Friday 3501B N. Congress Ave. Card should startby 9:OOam and be complete by IPM 31 Page 658 of 1207 Public Works#1 (PWl) wh e is Office Building Mon.-Fri. 6am-5:30pm Monday—Friday 222 N.E. 91 Ave. 3wA10 Public Works#2 (PW2) A Mon.-Sat. Monday—Friday 222 N.E. 9t1 Ave. Office Building 6am-5:30 m Public Works#3 (PW3) A Monday—Friday 222 N.E. 9"'Ave. Office Building Mon.-Fri. 6:30am-5:30pm Sara Sims Parks A Recreational Dawn to 9pm Everyday 222 N.W. 91h Ave. Facility B, Gate Mon.-Fri. 8am-4pm Monday—Friday Senior Center 7707, Recreational 1021 S.Federal Hwy. &speC Facility Saturday loam-2pm Light Rentals keys Wilson Park— Sims Center B Recreational Mon.-Fri. 8am-9pm Monday—Saturday 225 N.W. 12'h Ave. Facility Rentals Wilson Park— Mon.-Fri. 8am-6pm Denson Pool Building B Recreational Saturday Sam-5pm Monday -Saturday 225 N.W. 121 Ave. Facility Rentals Midday Cleaning, Offsite PD office, and 1913 Museum Special Service: BUILDING Frequency Description of Service Requested 1913 Schoolhouse Once a week on Mondays. Museum *Dust between 9am and 4pm. Dusting of all Museum Exhibits. 141 East Ocean Avenue Library Mid-Day Mon.-Thurs. and Saturday Restroom Cleaning *Clean between 1pm and 3pm. Additional Restroom Cleaning. 115 N.Federal H Oceanfront Park Men's & Women's Mid-Day Sunday-Saturday Additional Restroom Clearing. Clean *Clean between 12noon and 2pm. 6415 N. Ocean Blvd.,OR Boat Club Park Sunday-Saturday Restroom Building *Clean between 12noon and 2pm. Additional Restroom Cleaning. 2010 N.Federal H Monday and Thursday per Section 27 to 30,Task Schedule Police Sub-Station *Clean between 12noon and 2pm. 32 Page 659 of 1207 Attachment "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 have a current rating by A.M. Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined 33 Page 660 of 1207 CITY OF BOYNTON BEACH BID DOCUMENT CHECKLIST* Initial each Required by required entry owner Submission Requirement and if required submit the item Original and two (2) copies, along with one electronic copy on CD p or flash drive of Bid Proposal documents submitted. Bid must be signed by an authorized officer of the company. 0 Acknowledgement of Addenda, if applicable 0 Statement of Bidder's Qualifications submitted 0 Schedule of Subcontractor's submitted p Non-collusion Affidavit submitted 0 Anti-Kickback Affidavit submitted 0 Confirmation of Minority Owned Business submitted 0 Confirmation of Drug Free Workplace submitted 0 Acknowledgement of Palm Beach County Inspector General submitted 0 Schedule of Subcontractors Form submitted 0 Local Business Status Certification Form submitted 0 Scrutinized Companies Form submitted 0 Copy of all Business Tax Receipt(s) along with License(s) of all subcontractor(s), if applicable 0 Up-to-date list submitted of current maintenance equipment, including brands and model numbers, if applicable 0 Bid Guarantee, if applicable (with Power of Attorney for full amount of Bid Bond) 0 Listing of anticipated staff with titles and contact information for Supervisory personnel p Price Sheets are signed? 0 Bidder's Site Inspection Confirmation form signed by authorized representative and submitted? *This form need not be submitted. It is provided for bidder's use in assuring compliance with all required documentation. 34 Page 661 of 1207 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 Bid Title: "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" Bid Number: 010-2511-19/IT Bid Due: JANUARY 8, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page?6632 of 1207 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID SHEET TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. In accordance with the General Conditions, Special Conditions, Scope of Services and Technical Requirements, the undersigned bidder offers pricing and services as per the Electronic Bid Pricing Sheet attached herewith as Attachment A: Instruction for completing the Electronic Bid Pricing Sheet: 1. Download the Electronic Bid Pricing sheet, in Microsoft Excel format, from DemandStar.com. Respond to this bid by inputting the company's information and the unit pricing into the Excel spreadsheet. The price sheet is formatted. 2. Once the Electronic Bid Pricing Sheet is completed, bidder should save the Excel file. 3. Print the completed Electronic Bid Pricing Sheet; sign and date where indicated. 4. Bidder must submit, in one envelope, the printed signed Electronic Bid Pricing Sheet with the bidder's complete, original bid submission, as well as a complete copy of the bid with electronic bid pricing sheet saved in .xIs (Excel) format as per the General Conditions and Special Conditions. 5. If bidder is unable to electronically fill out the Electronic Bid Pricing Sheet with its bid submittal, bidder must submit a hardcopy of the Sheet with handwritten unit prices and extensions. 6. It is the Bidder's responsibility to monitor DemandStar for any issued addenda. Addenda may include revised Electronic Bid Pricing Sheets that will need to be downloaded, properly filled out, and submitted by the Bidder. NAME OF COMPANY: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 36 Page 663 of 1207 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID SHEET (continued) COMPANY NAME NAME OF AUTHORIZED REPRESENTATIVE (PRINT) STREET ADDRESS TITLE CITY, STATE, ZIPCODE E-MAIL ADDRESS TELEPHONE NUMBER AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 Page 664 of 1207 BIDDER'S QUESTIONNAIRE The signatory of the Statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to complete and return this Statement, or any false statement therein may render a bid non-responsive at the sole discretion of the City of Boynton Beach. All portions of the Statement must be completed. Bid # Company Name Address Telephone E-mail Address 1. If a corporation, please answer the following: Date of Incorporation: In what state: President's Name: Vice President's Name: Secretary's Name: Treasurer's Name: 2. If a partnership, please answer the following: Date of Organization: General or association? Name and Address of each general partner 3. If neither a corporation nor partnership, please provide the following information: Type of business organization: Date of Organization: Name and Address of each principal: 4. Current State of Florida Certified Contractor's License Number Expiration Date 5. Name of license holder/qualifying agent exactly as it appears on file with the State of Florida's Construction Industry Licensing Board: 6. Current City of Boynton Beach Occupational License Number (if applicable)Expiration Date 7. DUNS # THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 Page 665 of 1207 8. Federal Employer ID # (FEIN) 9. Are you a Disadvantage Business Enterprise (DBE) or Woman-Owned Business Enterprise (WBE)? Yes ❑No ❑ If yes, provide Certificate. 10. Are you a small business as defined by the SBA? Yes ❑ No ❑ If yes, number of employees 11. Number of years in business under this name: 12. Number of years in business under other names: 13. How many years' experience in performing the type of work called for in this bid? 14. In what other lines of business do you or your organization or any partners thereof have financial interests? 15. Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of City of Boynton Beach? Yes ❑ No ❑ If yes, you may not submit a bid (see instructions to bidders). 16. Have you or your organization, or any office or partner thereof, failed to complete a contract? Yes ❑No ❑ 17. Has your organization ever been assessed liquidated damages for failing to complete a Contract within the time specified in the Contract Documents? Yes ❑No ❑ 18. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five (5) years? Yes ❑No ❑ 19. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws, the Business and Professions Regulation statutes, Civil or Criminal decisions? Yes ❑No ❑ 20. Have there been any suits, liens or surety claims against you or your organization over the past five (5)years for non-payment of sums due subcontractors or suppliers for work completed?Yes ❑No ❑ 21. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years? Yes ❑ No ❑ 22. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 Page 666 of 1207 transaction by any Federal department or agency? Yes ❑No ❑ 23. Provide a list of equipment available to perform the work. Attach additional sheets as needed. 24. Provide a list of anticipated staff with titles and contact information for Supervisory personnel. Attach additional sheets as needed. Please explain all questions answered "yes" in questions above on a separate sheet of paper along with this Statement, if necessary. Bidder must provide proof of a minimum of three (3)projects similar to this scope of services performed within the last five years: Proj ect Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Proj ect Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Proj ect Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address NON COLLUSION AFFIDAVIT OF PRIME BIDDER THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 Page 667 of 1207 State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 41 Page 668 of 1207 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 120 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 669 of 1207 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 670 of 1207 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature 44 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 671 of 1207 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 45 Page 672 of 1207 \ 2 & co Co § : co 5 5 5 S ■ 2 0 § 0 £ o so 4 a C) a) co � o = LU \ ( \ / E § 0 k \ / C-)k ¥ = 6 -a = o 72 / e o 03: !E 2 ° S CU « / § % \ � 0 % § q o t 2 0 k �0 = \ \ 2 % \ ¢ / u 2 6 0 m _ .0 t 0 = � g 0 @ 7 o � g w -1 « m a) u_ 2 ESE om CL LU t 0 8 \$ o f 3: 0 � I 2m = 2 � ■ % a) 0- 0\ / � / a \ \ \ �Z « _ � 0 BE 0 < C) m / % a � � < 0 0 = 2 3 � G � -i » meq \ f § X27 gm \` wc 54 k � � _ � 0 oU) 22 / 22 \ � a > m o e = .2 LULU LUb 77 \ © E / § 00 � � / %d 0 / \ \ wz Q £ _ o = m eeo 00 ■ LU S ± c CU CL� LU 0 � 7 - 7 m L � / / \ \ � � � 0 Jm 0 m \ 4- Fn w e = § 0 / /\ k yL ZZ _ _ = -0 (n \ ff 2 � / = E >a_ / o o = = e Q _/ a± � cu$ \ C o ƒ § 22 ® § / U) L- 30 \ o Ego 2 p > / § 2 2a @ E 2 E u : m G y m 2 2 0 U = 0s « c 5 .0 ER o \ \ § k � E / ._ o Tu- 2 o m :\ \ § A § { o ° 2 @ E % 7 \ / o \ \ e } \ O o £ = G ƒ 0 / 0 0) / ° CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 47 Page 674 of 1207 fM CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a 48 Page 675 of 1207 false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE 49 Page 676 of 1207 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 010-2511-19/IT for "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 50 Page 677 of 1207 MANDATORY BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID NUMBER: 010-2511-19/IT DATE: Before me, the undersigned authority, authorized to take acknowledgements personally appeared: as an authorized representative of: (hereinafter called the bidder) located at and that said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. BUILDING On-Site City Representative's Signature Date of Visit City Hall Bldg. 3301 Quantum Blvd., Suite 101 Billing/Police Sub-station/Internal Affairs 209 N. Seacrest Ave Police Department 2045 High Ridge Road 51 Page 678 of 1207 7.B. BIDS AND PURCHASES OVER$100,000 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-014-Authorize the City Manager to sign the Kinetic Art Fabrication Agreement with EES Designs, LLC of Fort Lauderdale, FL in the amount of$334,161.45 for the Town Square Kinetic Public Art Project. EXPLANATION OF REQUEST: At the Dec. 18 City Commission meeting the Commission approved the Town Square Public Art Master Plan concepts that were presented. To implement the public art projects each will have an agreement with the selected artist, fabrication and installation timeline to meet the 2020 construction schedule. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The public art projects will contribute to a well planned Town Square redevelopment plan that will brand the city, generate cultural tourism and stimulate economic development. The iconic Kinetic Art Project is titled "Reflections" depicting a reflection of the City's diverse population with it's'bird-like wings" intersecting and embracing the community. FISCAL IMPACT: Budgeted The public art for Town Square will be charged to the Public Arts Fund, account 151-2611-579-67-01 and funds are from the art fee collected in accordance with the City's public art ordinance 07-002 on developments within the Town Square project. ALTERNATIVES: Not approve the artist agreement for the Town Square Kinetic Public Art project. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: The unique one-a-kind public art projects in the City's Town Square contribute to a Culturally Distinct Downtown. The iconic Kinetic Public Art creates a gateway feature for the Town Square development project as well as a place for people to gather. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 679 of 1207 ATTACHMENTS: Type Description D Resolution Resolution approving Kinetic Art Fabrication Agreement with EES Designs D Agreement Kinetic Art Fabricator Agreement® EES Designs Page 680 of 1207 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A KINETIC ART FABRICATION 7 AGREEMENT WITH EES DESIGNS, LLC., IN THE AMOUNT OF 8 $334,161.45.00 FOR THE TOWN SQUARE KINETIC PUBLIC ART 9 PROJECT.; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, at the December 18, 2018 City Commission meeting the Commission 13 approved the Town Square Public Art Master plan concepts that were presented; and 14 WHEREAS, the public art projects will contribute to a well planned Town Square 15 redevelopment plan that will brand the city, generate cultural tourism and stimulate economic 16 development; and 17 WHEREAS, to implement the public art projects each will have an agreement with 18 the selected artist to begin the projects public input sessions, fabrication and installation 19 timeline to meet the 2020 construction schedule; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 and authorize the City Manager to sign a Kinetic Art Fabrication Agreement with EES 23 Designs, LLC., in the amount of$334,161.45 for the Town Square Kinetic Public Art Project. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves and authorizes the City C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\514347DB-241A-4B2C-B798-1B4B51CCA445\Boynton Beach.14552.1.Kinetic_Art Fabrication_Agreement_with EES_Designs_-_Reso.docx Page 681 of 1207 30 Manager to sign a Kinetic Art Fabrication Agreement with EES Designs,LLC., in the amount 31 of$334,161.45 for the Town Square Kinetic Public Art Project. A copy of the Agreement is 32 attached hereto as Exhibit"A." 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Christina L. Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Aimee Kelley 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\514347DB-241A-4B2C-B798-1B4B51CCA445\Boynton Beach.14552.1.Kinetic_Art Fabrication_Agreement_with EES_Designs_-_Reso.docx Page 682 of 1207 KUM= MAHMM IWr TRIS AGREEMENT,dated the 24 day of Janwry,2019,is by and between: City of Boynton Beach, a municipal corporation,organized and opetmUng pursuant tD t&-laws of the State of Floridk with a business address of P.O.Box 3 10,Boynton Beach,FL 33425,hereinafler referred to as"CITY".and FABRICATOR EES J2cdwxJLQ with an address of 2801 MW M(M Sk ME09 Lmxkr-ddt&IM in hereinafter refeff ed to as'XMTIC ART FABRICATOR." CITYand KINEM ART FABRICATOR may limindler collectively be rdwred to as the"Parties." WMESSETH. In consideration of dx mutual terms and conditions, promists, covenants and payments hereinafter set forth, CITY and KUMMC ART FABRICA37OR as follows: WIIEREAS,public art is a work of art generally created by a public KH14EMC ART FABRICATOR exhibiting the highest quality of shill and aesthectic prindpals. and includes all forms of the visual aft conceived in any inedium, material or combination hereof including but not limited to interactive, kinetic, painthip, scu]pimes, stained glass, mosaics, murals, and KINEnC ART FABRICATOR designed ftuL-tional, architectural, landscaped, ancl JaWorm elements as described in the Public Art Ordinance 07-002;and WHEREAS,CITY dems to obtain professional services hom KINETIC ART FABRICATOR for the creation of public artwork;and VMRJEAS, KDiETIC ART FABRICATOR possesses the qNxc dfflb, taleM expertise, experience and knowledge to provide CITY with the artwork in a professional and KINEITC ART FABRICATOR manner-,and MWJREAS,KINETIC ART FABRICATOR has stated an interest in working on the creation of public artwork for the Kmetr.Public Art Project,and WHERFASCITY destres to commission the KINEM ART FABRICATOR to create K=fic Public Art PwJect for ial display at the NW coma of Seacrest Blv& and E. Ocean Ave,Boylton Beach,Florida(the"SiW)on the terms and conditions set forth in this agreement. NOW, f the matual promise%covenants and agreements herein contained ard other good and valuable consideration, the receipt of which is hereby acknowleW it is agreed hemin between the Parties hereto as follows: ARMUM 1.1. RECITALS:Each"whereas!'clanw set forth above is true and correct and herein incorporated by this reference. AKULOM SEMMAMMMIMMUM 2.1. KMETIC ART FABRICATOR hereby agrees to create the public artwork described m proposal attached hereto as Exhibit A(the"Kinetic Public Art Projecr),or other services which may otherwise be required,as finther enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The public artwork shall be installed by the KMMC ART FABRICATOR in the location at the site as designated by the approved public art project proposal. 2.3. KINETIC ART FABRICATOR shall fornish all services and Um nemssmy and as may be required in the performance of this agreeme-ft. 24 KINETIC ART FABRICATOR hereby reliresents to CrI"Y;with ftdl knowledge that CITY is relying upon these representations when entering into this agreement with KINETIC ART FABRICATOR, that KINETTC ART FABRICAr TOR has the pcoftmond expenise,talent,experience and manpower to perform the services to be provided by YJNMC ART FABRICATOR pursuant to the terms of this apmment Page I of 24 Page 683 of 1207 KNETIC ART FABRICATOR represents and warrants that all work performed pursuant to this agreement, in- .5. public artwork, is an original crurtion and does not inftmp upon or violate any copyrigirts or other rights of any person,firm.or oqpmzaUou KINETIC ARr FABRICATOR does hereby indemnify and hold CITY liabilitiesharmless fromi and against any and all clamis and ` f sentation and warranty. 2. . CrIY recognizes 1990, knownas"VARX'. CINYwill not inientiondUy distort,mutilate andlor `c artwork in a manner that would be prejudicial to artworks is honor or reputation. 2.7. t,publish,broadcaK advertise and otherwise use the h1maess of the public artwork,in non-profitany non-commercial, manner CITY am fit. Incidental appearance of the public artwork in photographs or in depictions f the storeis art is located shall not violate the prohibition set forth 2. . CITY agrees to give the artworks creator fail acknowledgement and credit as the creator of the public artwork, with the placement of a plaque r similar' r near the public public2.9. The value of the artwork is established when the price of the art is commissioned. 2.10. le access tc, the site axtwoxk formsialleflon. KINETIC ARr FABRICA70R may not obsUW access to the entrance KINETTC ART FABRICATOR shall be responsible or socunng the installation ate to protect the public from any hazards do may arise during preparation of the site r installation of the public adwomk. 2.11, r under this apeement without the prior written approval f CITY. 2.12 s for period f two years from the date of installation and agrees to repair or replace defective materials and wodmianship at KINETIC ART FABRICATOR's sole cost. SCMUEUMM KINETIC ART FABRICATOR shall perform the followirig smices m.accordance with this AgreemeA vnth CITY as follows: 3.1. All work performed under this Agreement shall be done in a pmfasionsl mimner, . The public artwork shall be prodticed to CITY's °eflucal staiklards for the community in which the Sitef the completed public art a a matter of approvepww importance and shall meet all applicable industry standards. CITY shall have the right to artworkpublic ,of the public artwork shall be subjectle dismaon.` 3.3 The KINETIC, which a copy of erform and servicesrovide o o "Kinetic Public Art t. 3.4 KINETIC ART FABRICATOR is required to cooMmate with Public Art Manager and Town Square project tearn to prepare,install and complete the public art project Public Art MaW vnU M0111101'the project and from,time to time document the public aft pro"process. The Praject is estimate to begin March 1. 2019 with an estimated completion date of March 1, . Page 2 of 24 Page 684 of 1207 ARIELLA 4.1. 11is Agicemert shall take e&ct as ofthe date dexecution as shown herein below and"end upon completion of whicheverthe KINETIC ART FABRICATOR's work and services described in Articles 2 and 3 hereof 4.2. All documents. plans� work products, materials, equipment and tools belonging to CITY will be fiumislied to CITY Won completion andlor termination of the agreement, occurs fmL 3 's fights to exhibit,publish,broadcast advertise and otherwise um of the likeness of the public artwork for non-profit purposes or if for commercial purposes ff incidental to photographs or renderings of the site sliall survive the termination of this agreement AMCLU 3.1. CITY diall provide compensation and/or payments to the KDILMC ART FABRICATOR as set forth in the Proposal "Kinetic W. public5.2 Title to the artwork passes to CYrY of Boynton Beach Won payment of the compensation. 6. C= or KINEMC ART FABRICATOR my request changes that would increm,demase r otberwiw modify the Scope of Services to be provided under ft Agreement. Such changes or additiorA services must be in accoirdance with the provisions of the Code of Ordinances of Boynton Beach and must be contained in a written ammiment,executed. y the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the tam or scope of this Agmewmt mcluding the mitation of any additional or c separate writtenAgreemcmi executed by the Parties hereto. MUSULLAMM 7.1. , property damup, FABRICATORinsmance shall be maintained by KINETIC ART limits for all employees, and m the can any work is subK the KINMC ART FABRICATOR shall require the subs Compensation Insmanot at the same levels reilaired by the KJNMC ART FABRICATOR for all the is employees unless such employees am covered by the protection afforded Agreement,A. KINETIC ART FABRICATOR shall secure and maintain in force, throughout the duration of this comprehensive general and automobile habihty insurance with a mimmurn coverage of 1, r S2,000,000aggregate forpersondinjury;$1,000,000 $2,0M,000aggregate forpooperty damage, 1, c . B. The genetal liability and vebiculw liability policies shall umm CITY and CITY of Boynton Beach as an ailditional insured and shall include a provision probibifing cancellation of said policy except upon thirty(30)days prior written DDtiCC to CITY. C. KINETIC ART FABRICATOR shall secure and mamtam m force tbm&ut the duration of dus contract ' compensation Wamme in amounts not less than the statutoty limits. D. KINETIC ART FABRICATOR shall ftnushaTY with a certilicaft of insmance evidencing all required i cEtuan_ coverage prior to the start of any work for MY Said insmance;companies wM be autliorized to do business in the State of Florida and CITY will not accept any company that has a rating less than B+in ' Key Rating Guide.latest editiori. Page 3 of 24 Page 685 of 1207 E. If YJNFnC ARr FABRICATOR claims to be exempt from this requirement,KINETIC ARr FABRICATOR shall provide CrrY pwof cKf such exemption along with a written request for CITY to exempt KINMC ART FABRICATOR, written on KINETIC ART 's letterhead which enmption shall not be effecfiw until signed by CrrY. 12. Independent Conti-actor. M Agreement does not creak an employeeJemployer w1ationsbip between the It is s that the KINETIC ART FABRICATOR is an independent contractor under this Aumient and not CITY Is , 'including but riot limited to, die application of the Fair Labor Standards Act minimum wage and overtimic;payments,Federal 1115MUM Contribution Act, the Social S=w*Act the Federal Unemployment Tax Act the prmsions of the Interad Ramme Code,the State WorkeesCompensation Act,and the State Unemployment lv�law The KINETIC ART FABRICATOR shall retain e and absolute discretion in the t s furtherhereunder provided, that administrative procedures applicable to services tendered unda this Agremnent shall be CITY,those of KINETIC ART FABRICATOR,which policies of KINETIC ART FABRICATOR shall not cordlict with or United States policies,rules or regulations relating to the use of KINETIC ART FABRICATOR'S for herein. The Y.INETIC ART FABRICATOR agmes that a is a separate and independent enterprise fkom= tit ` had fail opportunity to find other business,that it has made its own investment in its budneM and that it will utilize a high jointlevel of ddH newmay to perform the work. Ilds Agrieement shall not be construed as cmating any liablerelationship between the KINETIC ART FABRICATOR and CITY and CITY will not be premiums.by KINETIC ART FABRICATOR,including but not limited to uqxM minimum wages and/dr overtim 7.3 . Z7- 3 215.473,Contractor certifies that Contractor is not participating in a boycottI Contractor further certifics that ris not on the Scrudmzed Companies that Boycott Israel list not on the Scrutinurd Companies with ' s in Sudan List,and not on the Scrutinized Companies with Activities ' List or has Continctor been engaged in business opmations in Syria. Sifted to limited exceptions provided in state law,the City will t contract for the provision of goods or services with any scrutinized City'sfalse certification shall be deemed a material breach of contrua The City shall pitwide notice,in wnbm&to Contractor of the ddermination concerning the false certification. Contractor shall have five ( s from receipt of notice to contractrefilite the false certification allegafim If such false certiftcation is discovered during the active term,Contractor (90)days Mbiving rempt of the notice to respond in wdft and&wmistraft that the damunation of errorfalse certification was made in .If ContracW does not demonstrate that the City's errorwas made in then the City shall have the right to terminate the contrad and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from.time to time. 7.4. 7. .1. or any circumstancm by KDMMC ART FABRICATOR without the prior written consent of CITY However,this Agrieernent shall run to CITY and As successors and asmigns, 7.4.2. berem shall be effective unless contained in a written document executed with the same forinalityf equal dignity bemwilh. 7.5. No Contingent FeeL KINETIC ART FABRICATOR waumns that it employed employeeperson, other than a bona fide 1 solicit r secure this Agreement,and that it has not paid or agreed to pay any person,company,corporation,indmilual or firin, other than a bona fide employee wodang solely for KINMC ART FABRICATOR any fee, commission, peroeatAp, gill, or other consideration contingent upon or zesultmg from the award or this provision,CITY shall C the Fight W terminate this Agreement without liabilky at its discredon,to deduct finin the contract price, ® r otherwise recover from KINETIC ART FABRICATOR thefall amount of such ft commission, y gift or 7.6 Notice. Whenever any party desires to give notice unto any other party,A must be gweri by written notice,sent by . yy certified United States mall,with retm receipt requested,Wftswd 1D the Party r At changeding at the places last speeffied in writing,and that places for giving of notice shall remain such until they dull have been Y ith p followingns of this section. F"the present, the KINETIC ART' FABRICATOR and CITY designate the Vplaces for giving' Page 4 of 24 Page 686 of 1207 CHY. Lori LaVerfiere,City M�nager City of Boynton Beach 3301 Quantum BlvcL,Suite#101, Boynton Beach,FL 33426 561-742-6000 Copy To-- Debby Coles-Dobay Public Art Manager City of Boynton Beach 3301 Quantum Blvd.,Suite#101, Boynton Beach,FL 33426 (561)742 6026 KMMC ART FABRICATOR: AES Designs.LL_C_, 2 EMALL5kAM.— f.Qjj,LMWLrdg2jj 23309 Telephone No. Website_ igns1JXA=— Social Media 7.7. Binding Authofiq.Each person signing this Agreement on behalf of either patty individually warrat"that he or she has the fall legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions conWned in this Agreement 7.8. Heading;L Headings limin are for convenience of reference only and shall not be considered on any interpretation of this Agreement 7.9. Severability. If any provon of this Agreement or application thereof to any pawn or situation shall to any extent, be held imralid or unenforceable, the remainder of tins Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unen[brucable shall not be affected thereby;and sliall conbum in full force and effect,and be enforced to the Ulest extent permitted by law 7.10. Governing Law.This Agreement"be governed by the laws of the State of Florida with venue lying in PAlm Beach CouttiN Florid& 7.11. Attorney's FeeL In the event that either party brings suit for efforcement of this AgieemeK each party shall bear its own attomey's fees and coo. 7.12. Extent of Agreement. This Agreement represents the entire and integrated Agmement betwem CITY and the KIMIC ART FABRICATOR and supersedes all prior negotiations,tepresenMons or Agmemeals,either written or oral. 7.13. Equal Employmmt Opportunity. in do performance of this Agreement, the KINEnC ART FABRICATOR shall not discriminate against any firm,employee or applicant for employment or any odw ilim or individual in providing services because of se&age,race,color,mligioq,ancestry or national ongm. 7.14. Waiver.Any failure by either party to require strict compliance with any provision of this contract shall not be construed as a waiver of swl pravisio% and the waiving party may subsequently require strict compliance at any bine, notwithstanding any prior failure to do so. 7.15. Counterparts.This Agreement may be executed in multiple counterparts,each of which shall be deemed an ofig- inal,and all of which together shall constitute one and the same insizumirt. 7.16 Usage Rights Aftr find acceptance of the artwork by CITY,the following KINETIC ART FABRICATOR' rights shall be guarardeed. Page 6 of 21 Page 687 of 1207 ■ Maintenance of publicvel reasonableassociation and not the KINETIC ART FABRICATOR- The msponsible party shall make efforts to maintain the artwork in good repair The responsiblet to consdt the collaboratorKINETIC ART FABRICATOR and an major repairs. ■ The artwork shall not be altered, modified,removed for the work withouti collaborator,if possible. ,nevertheless, has been significantly collaboratort to disclaim` Copyright ), but CITY or developer association shall be granted the right to make t%o-dimensional reproductions r Purposes. PartiesIN VMNESS OF THE FOREGOING,the year . ATrEST. CrrY OF Boynton Beach,FLORIDA BY (NAME) Lori LaWynem City M=W APPROVED AS TO FORM: OFFICE OF CrrY ATTORNEY State of Florida County f Palm Beach The foregoing instrument was acknowledged 2019,Florida, on this the day of . by and - - City Clerk and City ,respectively. Notary Public,State of Florida Notary Public Seal of Office Printed,Typed or Stamped Name— f Notary Public Exactly as Commissioned Individuals Signed Are: Personally Known,No Identification Produced REMAINDER OF THIS PAGE LEFT BLANIC ARTIST SIGNATURE PAGE FOLLOWS. Page 6 of 24 Page 688 of 1207 n F BY WUNESS: Print Name: dhex .«.,,...�.....a. STATE OF FLORIDA COUNWOF BEFORE ME, an officer duly atithonzed by law to administer oaths and talm ad1knowledgments, personally appeared as Of whD is pemnally knoym to me or who has pmdumd as identification, and acknowledgod exacubg ft foregoing Agreement as the proper official of for the use and purposes mentioned therem and that the inshumera:is FOREGOING,I bave ed my hand and official seal at m.the State and County aforesaid on this day of I . (Signature -State of Florida) Page 7 of 21 Page 689 of 1207 Page 690 of 1207 EXHIBIT cc A"' KINETIC ART PROJECT PROPOSALu aA v r :w k , rM rw h i j ++ ar m C t► -M 2 E x _ Ell wo m n �- r► �= to Page 9 of Page 691 of 1207 t. ,n I i ;l Page 10 of 24 Page 692 of 1207 i Ml _ tk_ u 2` sRerr il lit A W6 w 7m a d �. srL 3 9 ��v wM� M 40 - E rL l$' La 41' NNN SO in .� + .._ .o.. ren ... Ln Q-- m '+ o m 2 Is CL 10 11 - 8 1 'ji", Page 11 of 21 Page 693 of 1207 rr� i 1r I „ e r r `1tl &�J111 y f � I r Y It _ w SOP m m + FI snNgn ._ ». ana a s" u a 8 a a lag x p r h � R C- r! N M rif _ r +�• Q ' M 7 opw ►. u �t1 � r q sill @ z It Age 12 d 2 Page 694 of 1207 did it Ci y 93 • V-: i Z A a I IF R -6 !p S" It S* rim Y N 11 11 V4 0 T H I1 R -6'51 ra Page IS of 24 Page 695 of 1207 � r Y � f F i , r i r- � S �a C! µ Page 14 of 24 Page 696 of 1207 Lp CL ME 0 " �- m ea w to .« +� s _ t' V , p > r= s jr nr tii c�p tt 'cs} ro 'c ff1 ,Ci F- *• CL LuTp O w + f1Y _ t CW .w ' a 00 .0 T E'L ' + Cs 8 q ..�. 5 ' _ c r, q,04 to �. .., a: cZl 06 ... y. Y7.3 JE u ^^ j 0co OZ ar 0ILI_ �_ w v 2 ► 09 W "" ` Is* 2 is ^. s« ® '• A'� �' lu Jw Z; 40Us .. M sJ y m fY Page IS of 24 Page 697 of 1207 EES DESIGNES IUNETIC ART FABRICATION QV uw TftapoWisbmdon 1e 1 #;4iltthi3 � .DO I- r 4.M.00 4 .00 it 3I'ylXSM aazmwy fits amn6nin bw&idmd Pat fikx afeampmum b be a Ruh Mvt ofim complair e SMI-111": e gllr:h:yl Eum x om I 4AKOO 4,200M MW.t test. .+50. 3 Q4t ba I 23 OO 2sowin be sx h npt tft to dFfa". yea fabdution ms pot rmx O.OE� fi334,I61d5 Page 16of24 Page 698 of 1207 Kinetic Public projectedFabrication Payment Schedule EES Design LLC r all dates are estimated and may vary slightly. Payment draws based on total budget of r 161.45 March i up/ lock in shop space, pay Ralfbnso his Licensing fee and begin detailedi 't - ing . AprilI i r ($100,,248.44)to order bearings/materials . May thru July . Wings in process of Laser Cutting/forming/welding/finishing. Columns i Ma- chining/fabrication/welding/finishing. August 2019: Beginning September V 2019: fabrication i ine work complete With fullyone column Ied With all 7 wings installed. r wings installed withi i . October 2019 thru January 2020: wingsRemaining i i ing. Installation of remaining wings work.on columns and final finish February Ist 2020: Fabrication i March V 2020: Installation complete. Final 15%payment ® . Pege 17 of 21 Page 699 of 1207 L/2312019 Par I of4 OF THE i, . This stmems*is nu&asaftw_2b1 da I by and between the Edc -MwgWM Mwnber. Cr,ES DBM LLC 28M NW 55th SUReSEFort LauderdaK FL 33309 Zdaplamnsuftm and Member PALFONSO.COM LLC 301 Clams*Street#3= W.Pakn Beedi, Ft.334M USA +1 S61 655 274S SBCTION < ,DESCRVn0W (ft . e ,, ,to remain&=in �permanent / ! : . ./4 # . ")hW=fm , , installation and sale,(dw(CH (, . LICENSEE has no d*to gotat sub-ficumn of the PW IS of 1 Page 700 of 1207 1/2312019 Pap 2 af4 fi —UNIION Specs—EB "' PDF*Mnsk on I Of r� zenamed iWuws&, woopted by both LICE"M and Mot. Ila a j9 M%vmd, qvMved Wd ® 4 hbr oda and baWk at dWr wn cos4 am (I = mImed to � to dw Waved r *. Per Ue"A, prim to WiH=;dime ff" dmwinp 6� a = 'tavea PAYMMT UCMNSOR boo agreed to reduce thar cuslamay $75,000 to $25,000 in ordar to ra s m w L USS 25,000 Limse P=payable as m follows: Full Payment of USS -prj" Lk=mw ArnenL Aft reoW i DA f pum%UCWWR, dw U, is pawmmiad to MMMMM m e . mmill 0 when the ToW "Licave Paymmeet bus bpen pad in fall to the a IICENSER Liceew Psymera Amid be mailed or dahvered a Ralfixamm am LLC 301 Clansh Shvek#3000 W.Pdm Beack , SBCTMNIIIM o Pap 19 of 1 Page 701 of 1207 design1123/2019 Pap 3 of4 NON DISCLOSURE dM d to ^ ` b, � ` ` , �\CAD �&er ftelkw� � . FOUAYPS at th die, ^m . ` Kinetic . owmd by do LBMDMM we camphtdy 100%owned by Ralf Gadmind Aa 0 Raffimmexam LLQ and will not be wbabomm, . ' Fmtbwmw ploperlY Z To, \ \\ k\ and ® < % 2 m . , ! Not to k , , j any � & t i - ` opusly speed to ilk wM"by LICENSOIL to the . < , . , § 6 . .um of r \ ` Misted Com id ARTIST MENTHICAnM my and mff\ ` q � ' LICENSOR.It &mplwjed , CM DVDs and any oMer , > , , nvarkb w, \ .md . WARRANTY,pum dw of do anad SECrM ME BOHM= , \ _ \ r , ,maminumbilitysu` ©tyv,.huum for a pu*ulmr pumpme, Liammd p' TU UCMNSEE agem to ` , . bus. > . , ■20 of 24 Page 702 0 1207 W I=c Or2n Orl fim:mmwln& th 110M VENUE. i . IU Pardo have exacubd do aWwwwo do day and yew ffift abow wattm managing FAfter,Eric smun e ON 0000 EX RE , 1 , aSOW Page 21 of 1 Page 703 of 1207 7.C. BIDS AND PURCHASES OVER$100,000 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-11D-02 with Kimley-Horn and Associates, in the amount of$112,474 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 for assistance with the City's 2019 Transportation Alternative Program grant application on SE 1st Street and 30% civil engineering design plans. EXPLANATION OF REQUEST: The City is seeking approximately $550,000 in grant funding through the Palm Beach Transportation Planning Authority's 2019 Transportation Alternative Program Grant. The grant funding would cover the anticipated cost of construction. The deadline for submittal is March 1st, 2019. Based on demonstrated need staff is proposing the addition of a sidewalk on both sides of SE 1St Street from Boynton Beach Blvd. to Woolbright Road. In order to begin the process, the City issued PO No 190708 for $24,988 to Kimley-Horn and Associates for application assistance, conceptual design, and to manage the public input meeting process. In order to finalize the grant process it is necessary to create 30% civil engineering plans. Therefore staff would like to expand the scope of the Task Order to include 30% design plans. In addition to the design plans staff has requested a neighborhood traffic calming study adjacent to the project area to assist with developing solutions to curtail speeding. The cost for the additional scopes is $87,486. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project will increase pedestrian safety along SE 1st Street. FISCAL IMPACT: Budgeted Funds for the project are available in the Street Maintenance CI P account (303-4905-580.63-08) ALTERNATIVES: Do not submit a grant application for the 2019 Palm Beach TPA cycle and do not to proceed with the project. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 704 of 1207 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment KHA Initial Grant Proposal D Attachment KHAs PO D Attachment KHA 30 percent proposal D Agreement Kimley Horn Consulting agreement Page 705 of 1207 Klmley))) Horn January 17, 2019 Paola Mendoza Associate Engineer City of Boynton Beach Public Works/Engineering 3301 Quantum Blvd, Suite 101 Boynton Beach, FL 33426 Re: Consulting Services Authorization — Proposal for Grant Application and Conceptual Engineering Design Services for SE 1 St Street Sidewalk Improvements Project Task Order UT-1 D-02 Dear Paola: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement") to City of Boynton Beach ("Client") for providing conceptual engineering services and grant writing support for the SE 1St Street Sidewalk Improvements Project. This Service Authorization,when executed,shall be incorporated in and shall become an integral part of the"General Consulting Services Agreement" Contract, dated, August 20, 2018. Scope of Services Kimley-Horn will assist the City of Boynton Beach with the development of the 2019 Transportation Alternatives Program grant application, administered by Palm Beach TPA. Assistance will involve the completion of the following application sections and the development of the following supplemental materials. Task 1 —Application Sections Kimley-Horn will meet with City staff to discuss the Transportation Alternatives(TA)program application outline and discuss available information to be included in the application. Kimley-Horn will come to the meeting with a list of questions and needed information for the application to obtain guidance from the City on how to proceed. The City will provide assistance in the collection of the following required materials for the application. - Right-of-way ownership documentation - List of upcoming projects to adjacent to the project - Public involvement and support documentation associated with the proposed project - Project Resolution of Support and commitment letter to fund operations and maintenance of project. - Approval Letter from property owner(City) confirming project can be constructed in ROW. Kimley-Horn will assist the City in developing the draft language for the support letters for the City to obtain signatures from City identified stakeholders. Kimley-Horn will develop the following application supplemental materials required to be submitted with the application. - Project map - Photos of the project location ��r ib6��0�11��IIi�611�011��iy� ii i Page 706 of 1207 Klmley))) Horn Page 2 The project typical section and project cost will be developed as part of task 3 within this scope. Task 2—Draft Application Review and Submittal Kimley-Horn will submit a completed draft application to the City for review prior to submitting to the TPA. Kimley-Horn will address one (1) round of consolidated comments from the City. Kimley-Horn will submit a final draft of the application for City approval prior to submitting. Upon approval Kimley- Horn will submit the completed application to the TPA by the application due date. Task 3— Conceptual Engineering to Support Grant Application Kimley-Horn will prepare a concept typical sections using available aerial photography and GIS right- of-way data from the City. Kimley-Horn will prepare up to two typical section alternatives of the roadway that demonstrates the new sidewalk on one or both sides of the street. The project limits are along SE 1St Street from W Woolbright Road to E Boynton Boulevard. Kimley-Horn will prepare an order of magnitude opinion of project cost(OPC)estimate based on the concept typical section. Both the typical section and OPC are required documentation for Task 2. Kimley-Horn will address one (1) round of consolidated comments from the City for the preferred alternative. Task 4—Public Involvement Kimley-Horn shall perform public outreach and information activities in accordance with the scope below. Public involvement includes one meeting. The City will obtain the property owner mailings list. Kimley-Horn will prepare or provide the following in preparation of the Meeting: • Typical Sections exhibits for presentation (from Task 3). This will be provided to the City for one review and comment prior to the meeting. • Prepare meeting advertisement template in English (The City will mass produce and distribute advertisements.) • City to prepare letters for notification of elected officials and appointed officials, property owners and other interested parties. (The City will pay the cost of first class postage.) • City to procure and reserve meeting event location. Kimley-Horn will prepare or provide the following for the one (1) meeting and after the meeting; • Up to two staff to attend the meeting • Meeting equipment set-up and tear-down Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Additional meetings or presentations • Preliminary analysis of existing drainage • Preliminary pedestrian lighting design • Preliminary landscape design • Utility location and coordination • Topographic survey services • Geotechnical services • Title Company research and reports �� I ,�f �m� ��Ih • 1 11 • V: i•• Page 707 of 1207 Klmley))) Horn Page 3 • Construction documents Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. Schedule We will provide our services as expeditiously as practicable with the goal of submitting the Final Grant Application to TSA no later than March 1, 2019. Fee and Expenses Kimley-Horn will perform the services in Tasks 1 —4 for the total lump sum labor fee below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Task 1 Title of Task $6,552 Task 2 Title of Task $6,990 Task 3 Title of Task $7,992 Task 4 Title of Task $3,454 Total Lump Sum Labor Fee $24,988 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure We understand that this work will be issued as a task order under our executed on-call agreement. If you concur in all the foregoing and wish to direct us to proceed with the services, please forward a purchase order. This proposal is valid for sixty (60)days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me at(561) 840-0850 or marwan.mufleh@kimley-horn.com if you have any questions. �� I ,�f �m� ��11 • 1 11 • V: i•• Page 708 of 1207 Klmley))) Horn Page 4 Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Marwan Mufleh, P.E.(#C45329) Eric Regueiro, P.E. (#C86211) Principal Project Manager �� I ,�f �m� ��11 • 1 11 • V: i•• Page 709 of 1207 PURCHASE ORDER ' BOYNTONCITY OF . FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 190708 P.O. BOX 310 DATE: 01/24/19 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 1682 SHIP TO: TO: KIMLEY HORN & ASSOCIATES INC. City of Boynton Beach 1920 WEKIVA WAYPUBLIC WORKS DEPARTMENT SUITE 200 = 222 N.E. 9TH AVENUE WEST PALM BEACH,' FL 33411 BOYNTON BEACH, FL 33435 REQUIS=N NO. 73048' ORDERING DEPARTMENT ENGINEERING/AGGA/PM INQUIRIESREGARDING PURCHASE ORDER DATE NEEDED: HID NO: Hr,41:9:SI:ON APPROVED: (56111742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST 1 6552 .00 DL TASK 1 1 . 00100 6552 . 00 TASK ORDER #UT-1D-02 R'FQ NUMBER:. 046' 2$21 1;7/1F TASK 1 -MEETING.WI"[H ;CITY IR 'T. SECTIgX, -TNFORMA'TION",; DEVELOP 'RAFT SUPPORT " LETTERS., PROJECT MAP & PROJECT PHOTOS " ". 2 6990 . 00 DL T.ASx" 2 1 0000 599a. a0 I?E�TELOP FIRST DRAFT,- MEET."WITH OITY" CO REVIEW CONTENTS & ADDRESSCOMMENTS " 992 00 DL TASK 3 00:00 7992. 00 ;'TYPICAL SECTION- "(UP "TO' 2) , OPC & ...ADDRESS "C(jMMFN'TS 4 3454 :90 D TASK 4 0{4 . Y4 -94 .00 NIEETIIG ADUESIISMENT &. STAFF FOR I 10 ¢ k MEETING. :(UP TO A. ,. REMARKS CONSULTING'"SER�IICES FOR GF,�1N`�' .A.PPLICATION,"N �t CONCEPTUAL' ENGINEERING DEIGN FOR SE S 1ST T SIDEWALK IMPROVEMENTS PROJECT.: RFQ 046�2821 37/TF, SCOI'E 'D TASK ORDER UT 1D=02 PROCUREMENT SERVICES: P.O. TOTAL: 24988. 00 ACCOUNT NO. PROJECT 303-4905-580 , 63-08 CP0266 !DEPARTMENT Page 710'of 1207 Klmley))) Horn January 25, 2019 Paola Mendoza Associate Engineer City of Boynton Beach Public Works/Engineering 3301 Quantum Blvd, Suite 101 Boynton Beach, FL 33426 Re: Consulting Services Authorization—Proposal for 30% Preliminary Engineering Design Services for SE 1 St Street Sidewalk Improvements Project Task Order UT-1 D-02 Dear Paola: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement")to City of Boynton Beach ("Client")for providing preliminary engineering services for the SE 1St Street Sidewalk Improvements Project. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "General Consulting Services Agreement" Contract, dated, August 20, 2018. Scope of Services Kimley-Horn will provide up to 30% Preliminary Engineering Design Services for SE 1 St Street Sidewalk Improvements Project. The project will use the information prepared during the Grant Application and Conceptual Engineering phase and the topographic field survey and right-of-way survey provided by the City to advance the design up to the 30% preliminary plans. It is our understanding that the City will have the topographic and right-of-way survey by first week of February. Approval of this scope of services is also anticipated to be received by mid-February in order to provide the draft preliminary plans with the grant application due March 1 St Task 1 —Roadway 30% Design and Plans Kimley-Horn will prepare the following: Task 1.1 Base Mapping from Survey Kimley-horn will utilize the City provided survey data and CAD drawing files to create the project base mapping that will be used for background for the plan sheets. Task 1.2 Typical Section Development Prepare up to two typical sections for the main roadway based on 35 MPH design speed (25 MPH Posted). The Typical Sections will advance the approved typical section layout prepared in the concept phase and update it with existing topographic data provided by City surveyor. Where there are right- of-way (ROW)constraints consider reducing the typical section width in the following order: o Sidewalk width of 5' (4' minimum) on both sides o Shared use path width of 8' on one side o Sidewalk width 5' (4' minimum)on one sides Page 711 of 1207 Klmley))) Horn Page 2 Task 1.3 Horizontal Alignment Analysis Coordinate with City staff regarding ROW information provided by surveyor. The design team will review the City provided survey and ROW CAD files information, review ROW and easement locations and any constraints on use of such property. Establish a centerline of construction and design a conceptual horizontal alignment plan. Address sight distance at signalized and non-signalized intersections as related to corner chords and landscaping. Avoid ROW acquisition in constrained areas where applicable by reducing typical section elements in the order identified in the section above. Task 1.4 Intersection and At-Grade Crossing Modification at SE 12th Avenue and SE 1St Street Kimley-Horn will extend the limits of the 30% plans to redesign the intersection geometry at SE 12th Avenue and encompass the requested at-grade crossing modifications and include a typical section at the crossing. We will prepare an at-grade crossing plan at a scale of 1" = 20' for the improvements required to add connectivity of the existing sidewalks along SE 12th Avenue. The new limits of the sidewalk improvements are approximately from SE 1St Street up to the existing sidewalk limits just east of the SE 12th Street at-grade crossing (approximately 200' east of SE 1St Street). Task 1.5 Preliminary Vertical Alignment and Cross Sections Analysis Kimley-Horn will review vertical alignment(profile)and working cross sections of SE 1 St St alignment to assess impacts on existing conditions. The provided survey DTM surface will be used to display the existing conditions within the project right-of-way. Design consideration is to maintain the existing pavement and add new curb and gutter along with sidewalk on one or both sides of the road where possible. Check critical cross sections as needed. Task 1.6 Engineers Cost Estimate Kimley-Horn will prepare and Opinion of Probable Construction Cost (OPC) for the 30% design level plans. The basis of the OPC will be the order magnitude estimate created in the previous phase. Kimley-Horn has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on information known to the Consultant at this time and represent only the Consultant's judgement as design professionals familiar with the construction industry. The Consultant cannon and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Task 1.7 Preliminary Drainage Review Kimley-Horn will conduct a review of drainage requirements for water quality and quantity provisions for the additional impervious areas. It is assumed all drainage needs will be incorporated within existing road right-of-way. New storm water ponds and/or dry detention areas are not anticipated. Task 1.8 Utility Coordination Due to location of existing above ground utilities along the proposed sidewalk areas, utility coordination and relocation is anticipated. Kimley-Horn will coordinate and provide initial plan sheets to utility agency owners (UAO's) to identify their existing and proposed facilities and to determine if they have compensable rights; request estimates from UAO's of any compensable rights and include it in the project's cost from task 1.4. Based on UAO's marked plans, confirm existing utilities in the roadway �� I ,�f �m� ��Ih • 1 11 • V: i•• Page 712 of 1207 Klmley))) Horn Page 3 design are shown in the provided utility base file from the City. Utility exploration (softdig)services are not included in the scope. Task 2—Neighborhood Traffic Calming Study Kimley-Horn will prepare a study to determine the feasibility of installing neighborhood traffic calming devices in the neighborhood generally bounded by Boynton Beach Boulevard to the north, Woolbright Road to the south, Seacrest Boulevard to the west, and railroad to the east. Kimley-Horn will collect speed data at up to four locations along SE 1St Street. Speed data will be collected for one week. We will be collected daily and peak hour traffic volumes at up to ten locations within the neighborhood. Data will be collected on three consecutive weekdays. Kimley-Horn will qualitatively observe traffic operations in the neighborhood to determine if cut-through movements are occurring. An evaluation will be undertaken to determine the feasibility of neighborhood traffic devices throughout the neighborhood. The result of this task will be a report explaining the assumptions applied in the report, the results of the study, and a graphic illustrating the approximate placement and types of the calming devices.Vehicular, pedestrian, and bicycle volumes and patterns will be discussed, as well as a cursory review of available right-of-way. Detailed engineering plans will not be prepared for traffic calming. Task 3—Coordination and Meetings Kimley-Horn will attend an initial kick-off meeting to verify project elements, scope and schedule; and attend one meeting after each submittal milestone to review and discuss City comments. Document significant items of discussion and decisions made during these meetings and forward to the attendees for concurrence. Additionally, communicate with designated City staff (via phone, fax, email, etc.) to provide coordination between City staff and the Designer. Kimley-Horn will provide project administration activities throughout the project that will include the following: • We anticipate we will attend up to two (2) coordination/progress meetings between the City's project team and the design team. • We anticipate we will attend up to two (2) coordination meetings with the railroad company regarding their facility. • Prepare for and attend Site Diagnostic Meeting prior to 30% submittal with FEC Railroad and Rail Safety officials. Assumption The following assumptions have been made for this scope of work: 1. The City will provide the existing utility base file for use as background in the project documents. The file will be provided as a GIS shape file that will be updated and maintained by the City. 2. All project required agency fees will be paid for by the City. 3. Coordination meeting with the property owners will be lead and conducted by the City. �� I ,�f �m� ��11 • 1 11 • V: i•• Page 713 of 1207 Klmley))) Horn Page 4 4. Railroad track chart modifications are not included in this scope of work. 5. Pre-signal and interconnect design are not included in this scope of work. 6. Updates to Federal Railroad Administration At-Grade Crossing Inventory information are not included in this scope of work. 7. Pedestrian gate assembly improvements are not included in this scope of work. Deliverables • Draft 30% Plans and Estimate (P&E)— 1 set of 11"x17" PDF • Final 30% Plans and Estimate (P&E)— 1 set of 11"x17" PDF • Draft Traffic Calming Study—2 hardcopy and PDF • Final Traffic Calming Study—2 hardcopy and PDF • 30% Roadway Plans consist of the following sheets: o Key Sheet o Typical Sections o General Notes o Horizontal Control (provided by City Surveyor) o Plans (1" =40' scale) o Miscellaneous Construction Details Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Additional meetings or presentations • Preliminary analysis of existing drainage • Preliminary pedestrian lighting design • Preliminary landscape and irrigation design • Geotechnical services • Title search services • Environmental studies Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. Schedule We will provide our services according to a mutually agreed upon schedule. Upon issuance of Notice- to-Proceed one our first tasks will be to create a schedule showing tasks and relationships with review times according to agreement with City staff. �� I ,�f �m� ��11 • 1 11 • V: 1•• Page 714 of 1207 Klmley))) Horn Page 5 Fee and Expenses Kimley-Horn will perform the services in Tasks 1 -3 on a labor fee plus expense basis with the maximum labor fee shown below. Task 1 Roadway 30% Design and Plans $59,836 Task 2 Neighborhood Traffic Calming Study $9,864 Traffic Counts Subconsultant $10,000 Task 3 Coordination and Meetings $7,786 Maximum Labor Fee $87,486 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates.All permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure We understand that this work will be issued as a task order under our executed on-call agreement. If you concur in all the foregoing and wish to direct us to proceed with the services, please forward a purchase order. This proposal is valid for sixty (60)days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me at(561) 840-0850 or marwan.mufleh@kimley-horn.com if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. /44-- Marwan Mufleh, P.E.(#C45329) Eric Regueiro, P.E. (#C86211) Principal Project Manager �� I ,�f �m� ��11 • 1 11 • V: i•• Page 715 of 1207 0 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and KIMLEY-HORN AND ASSOCIATES, 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 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 716 of 1207 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 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton Beach Utilities-General Consulting Services C-2 V.5 CLEAN FINAL Page 717 of 1207 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 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 718 of 1207 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. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C4 Page 719 of 1207 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 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL Cas Page 720 of 1207 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 arch itecturallengineering 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 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such Boynton Beach Utilities-General Consulting Services C-6V.5 CLEAN FINAL Page 721 of 1207 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; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 722 of 1207 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; o� 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. •S 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. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 723 of 1207 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,subconsultants 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. ❖ 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. C• 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 Proposal/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 proposals) in which event there shall be no additional cost for the provision of such services. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 724 of 1207 S• 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. e� 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 V.5 CLEAN FINAL C-10 Page 725 of 1207 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 726 of 1207 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 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 727 of 1207 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 C-13 V.5 CLEAN FINAL Page 728 of 1207 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 729 of 1207 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-15 Page 730 of 1207 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 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 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 731 of 1207 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 8-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. ARTICLE 9-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 V.5 CLEAN FINAL C-17 Page 732 of 1207 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 claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 733 of 1207 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 shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 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 734 of 1207 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 735 of 1207 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 itto 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 736 of 1207 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 737 of 1207 ARTICLE 24-NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Ci of Boynton Beach Co y to: _ Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services- Boynton ervicesBo nton Beach, FL 33435 P.O.Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT,shall be sent to the following address: Kimle -Horn and Associates,Inc. Attn:Marwan Mufleh _ 1920 Wekiva Way Suite 200 West Palm Beach, FL 33411 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 Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 738 of 1207 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. 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 Boynton Beach Utilities-General Consulting Services C-24 V.5 CLEAN FINAL Page 739 of 1207 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 2�"�k day of 201 CITY OF BOYNTONTJAdz ,3BEACH City Manager -ONSUL A -- �4.�p0�9T Attest/Authenticated: Title '' " """..� � ,• City CI (Corporate Seal) Approve as to orm: Attest/Authenticated: Offic f the Attorney Sp retary Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL Page 740 of 1207 EXHIBIT"A" SCOPE D - FEE SCHEDULE FIRM; KimIeV-Horn and Associates, Inc. DATE, July 3,2018 Personnel Classifications THourly Rate Principal $230.00 Project Manager $198.00 Senior Transportation Engineer $205.00 Senior Transportation Planner $176.00 Senior Surveyor/Mapper(by subconsultant) Engineer $140.00 Urban Designer $140-00 Transportation Planner $140.00 Engineering Technician $119.00 Inspector(transportation) $120.00 GIS Specialist $136.00 CADD/Technician $102.00 Transportation Planning Technician $112.00 Clerical/Administrative $80.00 Chief Designer $159.00 Effective through June 30,2019. Subject to annual adjustment. 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 741 of 1207 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 have a current rating by A.M.Best Co.of`B+"or higher.(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selee6on ofvendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (MOTE: 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(anyone 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 $1,00000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $L000.000.00 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 742 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity,Report,Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name of Pro'ect: 3. Pro'ect Mana er: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: b. Overall Rating (Check One} ❑ Unsatisfactory ❑ Poor Fair ❑ Good Excellent 7. Recommended for Future Contracts? I ❑ Yes ❑ No ❑ Conditional if other than yes,provide detailed explanation on a separate sheet of a er. S. Name,title,and office of rating officer(e.g.Utilities Director): 9. Signature ofrating officer: Boynton Beach Utilities-General Consulting Services C-28 V.5 CLEAN FINAL Page 743 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 beinc the hi hest score N/A 1. Thorough site investigation 1 2 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/spec accuracy 1 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 beinc 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. Coo erative attitude 1 2 3 4 5 6. Timeliness of submissions 1 12 3 14 1 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to in uiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting a encies 1 2 3 4 5 11. Addendum preparation&permit applications 1 2 3 4 5 Name and title of ratin I officer(e.g. Utilities Director): ..Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 744 of 1207 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 1 3 14 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. Prod uct/Eq 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 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. 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 Dis ute 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 CSU V.5 CLEAN FINAL Page 745 of 1207 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT,OTHER Rate numerically 1 to 5 with 5 b ing the hi hest score N/A 1. Tho rou h investi ation of situation or activity 1 2 1 3 1 4 5 2. Cooperative attitude 1 2 1 3 14 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 C-31 V.5 CLEAN FINAL Page 746 of 1207 8.A. PUBLIC HEARING 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO.19-004- FIRST READING -Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low(MXL). Applicant: City- initiated. Tabled to 2/5/19. PROPOSED ORDINANCE NO.19-005 - FIRST READING -Approve the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton Beach Mall DRI from the list of DRI-classified sites. Applicant: City-initiated. Tabled to 2/5/19. EXPLANATION OF REQUEST: The Boynton Beach Mall encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards, JCPenney and Sears as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Sears Auto Center. The proposed future land use amendment, changing the Mall's future land use classification from Development of Regional Impact (DRI) to Mixed Use Low (MXL), has been initiated by City staff in preparation for the site's future redevelopment. (Note that the pine preserve, a part of the original DRI, will retain its Recreational classification.) While the redevelopment will likely proceed in phases and involve site planning for each, the rezoning will be processed concurrently with a master plan for the entire site. There is at present no master plan application. The subject FLUM amendment is accompanied by the concurrently processed amendment to the Comprehensive Plan's Future Land Use Element (CPTA 19-001), which eliminates the Boynton Beach Mall DRI from the list of DRI-classified sites. Since the size of the property under consideration exceeds ten acres, both the proposed FLUM amendment and the concurrent text amendments to the Future Land Use Element are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2019. There are several factors contributing to the need for the proposed amendment: Development order for Boynton Beach Mall DRI expired. The Future Land Use Element's definition of the DRI future land use for the Mall includes minimum and maximum intensity of retail/commercial development measured in square feet of gross leasable space as approved by the DRI development order. Since the subject development order expired, this definition no longer has actionable meaning and will be eliminated. Concurrently, the Mall would be assigned a new FLU of Mixed Use Low. Page 747 of 1207 Enclosed mall as model for a shopping center is becoming obsolete. Closures of traditional enclosed malls in the U.S. have been reported for over a decade. Some of these malls are able to reinvent themselves to become "lifestyle shopping" mixed use projects or outlet centers, some are redeveloped as health or conference facilities, and some have accommodated nontraditional tenants such as churches and schools. The proposed Mixed Use Low FLU reclassification (and subsequent rezoning) will provide flexibility in both uses and design to allow the Mall to "reinvent" itself. The variety of options MXL offers is crucial to the successful redevelopment of the property and the continued success of the entire Congress Avenue commercial hub. The Mall's current zoning is not conducive for redevelopment The Mall's current zoning is C-3, Community Commercial, a conventional zoning district under the Local Retail Commercial (LRC)future land use. Neither provides appropriate framework for creativity and flexibility in design that the property needs to be successfully redeveloped. Mall redevelopment is included in City's strategic plans The City's Strategic Plan 2018-2022 lists the Mall's redevelopment as item#18 in the portfolio of strategic projects starting FY2018-2019. The document notes that the redevelopment of the Mall site will be part of a future planning effort embracing an area tentatively referred to as the Congress Avenue Corridor District. Lastly, the need for improvements/redevelopment of the Mall was also recognized by the City's 2016-2021 Economic Development Strategic Plan(Goal 4, Objective 4.2). The Planning and Development Board recommended approval of the subject requests on December 17, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services FISCAL IMPACT: No impact at this time, but future redevelopment of the Mall will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Mall redevelopment listed as item #18 in the portfolio of strategic projects starting FY1018-2019 (Strategic Plan 2018-2022). CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 748 of 1207 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Boynton Mail Land Use Amendment D Ordinance Ordrinance Removing Boynton Mail from DRI D Staff Report BB MALL LUAR 19-002 and CPTA 19-001 D Location Map EXHIBITAIL BB MALL Ownership D Location Map EXHIBITA2. BB MALLAerial D Location Map EXHIBIT B. BB MALL Current FLU D Amendment EXHIBIT C. BB MALL Proposed FLU D Location Map EXHIBIT D. BB MALL Current Zoning D Amendment EXHIBIT E. BB MALL FLU TextAmendment Page 749 of 1207 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS BOYNTON BEACH MALL 7 AND DESCRIBED HEREIN, OWNED BY WASHINGTON PRIME 8 GROUP, LLC. AND OTHERS, CHANGING THE LAND USE 9 DESIGNATION FROM DEVELOPMENT OF REGIONAL IMPACT 10 (DRI) TO: MIXED USE LOW (MXL); PROVIDING FOR 11 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 PARCEL A 31 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 32 COUNTY OF PALM BEACH, FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 750 of 1207 33 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 34 43 EAST; THENCE N.0° 59'39"W. ALONG THE EAST LINE OF SECTION 19,A DISTANCE OF 35 1898.10 FEET TO A POINT; THENCE S.89° 00'21"W.,A DISTANCE OF 60.00 FEET TO THE 36 PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: 37 THENCE S.88005'26"W., A DISTANCE OF 846.73 FEET TO A POINT; THENCE S.43032'54"W., A 38 DISTANCE OF 57.02 FEET TO A POINT;THENCE S.0°59'39"E.,A DISTANCE OF 258.27 FEET TO 39 A POINT; THENCE S.160 46'44.2"E., A DISTANCE OF 199.60 FEET TO A POINT; THENCE 40 S.0059'39"E., A DISTANCE OF 102.20 FEET TO A POINT; THENCE S.44046'34"E., A DISTANCE 41 OF 14.45 FEET TO A POINT ON THE NORTHERLY LINE OF BOYNTON WEST ROAD 42 (FORMERLY OLD BOYNTON ROAD); THENCE N.89°46'34"W., ALONG SAID NORTHERLY 43 LINE, A DISTANCE OF 101.03 FEET TO A POINT; THENCE N.0059'39"W., A DISTANCE OF 44 146.55 FEET TO A POINT; THENCE N.45° 00'00"W.,A DISTANCE OF 214.15 FEET TO A POINT; 45 THENCE N.45000'00"E., A DISTANCE OF 130.95 FEET TO A POINT; THENCE N.45000'00"W., A 46 DISTANCE OF 383.00 FEET TO A POINT; THENCE S.45000'00"W., A DISTANCE OF 59.00 FEET 47 TO A POINT; THENCE DUE WEST, A DISTANCE OF 597.51 FEET TO A POINT; THENCE S.450 48 00'00"W.,A DISTANCE OF 120.50 FEET TO A POINT; THENCE N.45000'00"W.,A DISTANCE OF 49 31.50 FEET TO A POINT; THENCE S.45000'00"W., A DISTANCE OF 341.59 FEET TO A POINT; 50 THENCE 14.58 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 256.00 FEET 51 AND A CHORD OF 14.57 FEET, BEARING S.43022'07.2"E. TO A POINT; THENCE S.45000'00"E., 52 A DISTANCE OF 212.13 FEET TO A POINT; THENCE 25.00 FEET ALONG A CURVE TO THE 53 LEFT, HAVING A RADIUS OF 331.00 FEET AND A CHORD OF 24.99 FEET, BEARING 54 S.47009'49.5"E. TO A POINT; THENCE S.45000'00"W.,A DISTANCE OF 80.00 FEET TO A POINT; 55 THENCE S.00°13'26"W.,A DISTANCE OF 76.34 FEET TO A POINT ON THE NORTHERLY LINE 56 OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE N.89046'34"W., 57 ALONG SAID NORTHERLY LINE, A DISTANCE OF 384.27 FEET TO THE POINT OF 58 INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE N.0°51'51"W., 59 ALONG SAID EASTERLY LINE, A DISTANCE OF 1228.05 FEET TO A POINT; THENCE 60 S.87058'21"W., A DISTANCE OF 20.01 FEET TOA POINT; THENCE N.0051'51"W., A DISTANCE 61 OF 85.00 FEET TOA POINT; THENCE N.87058'21"E.,A DISTANCE OF 20.01 FEET TOA POINT; 62 THENCE N.0051'51"W., A DISTANCE OF 1191.23 FEET TO A POINT; THENCE N.88005'26"E., A 63 DISTANCE OF 2171.99 FEET TO A POINT; THENCE S.0059'39"E.,A DISTANCE OF 472.86 FEET 64 TO A POINT; THENCE N.88005'26"E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 65 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID WESTERLY 66 LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.460 27'06"W., A DISTANCE OF 67 56.11 FEET TO A POINT; THENCE S.88005'26"W., A DISTANCE OF 430.00 FEET TO A POINT; 68 THENCE S.0059'39"E., A DISTANCE OF 609.99 FEET TO A POINT; THENCE N.88005'26"E., A 69 DISTANCE OF 430.00 FEET TO A POINT; THENCE N.43032'54"E., A DISTANCE OF 57.02 FEET 70 TO A POINT ON THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., 71 ALONG SAID WESTERLY LINE, A DISTANCE OF 170.01 FEET TO A POINT; THENCE 72 N.46027'06"W.,A DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88005'26"W.,A DISTANCE 73 OF 608.00 FEET TO A POINT; THENCE S.0059'39"E.,A DISTANCE OF 230.00 FEET TO A POINT; 74 THENCE N.880 05'26"E., A DISTANCE OF 340.00 FEET TO A POINT; THENCE S.0059'39"E., A 75 DISTANCE OF 150.00 FEET TO A POINT;THENCE S.88005'26"W.,A DISTANCE OF 340.00 FEET 76 TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 229.99 FEET TO A POINT; THENCE 77 N.88005'26"E.,A DISTANCE OF 608.00 FEET TO A POINT;THENCE N.430 32'54"E.,A DISTANCE 78 OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.00 79 59'390"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 130.01 FEET TO THE PRINCIPAL 80 POINT AND PLACE OF BEGINNING,TOGETHER WITH THE FOLLOWING FIVE(5)PARCELS: 81 82 1. (DILLARDS SITE): 83 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 84 COUNTY OF PALM BEACH, FLORIDA AND FURTHER DESCRIBED AS FOLLOWS: 85 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 86 43 EAST; THENCE N.00 59'39"W.,ALONG THE EAST LINE OF SAID SECTION 19,A C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 751 of 1207 87 DISTANCE OF 1262.20 FEET TO A POINT; THENCE N.89°46'34"W.,A DISTANCE OF 60.01 88 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CONGRESS 89 AVENUE WITH THE NORTHERLY RIGHT OF WAY OF BOYNTON WEST ROAD (FORMERLY 90 OLD BOYNTON ROAD); THENCE N.89°46'34"W.,ALONG THE SAID NORTHERLY RIGHT OF 91 WAY LINE OF BOYNTON WEST ROAD,A DISTANCE OF 2175.25 FEET TO A POINT; 92 THENCE 164.62 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE BEING THE 93 CENTERLINE OF MALL ENTRANCE "A",HAVING A RADIUS OF 210.65 FEET,AND A 94 CHORD OF 160.46 FEET, BEARING N.22-36'43"E., TO A POINT, SAID POINT BEING THE 95 INTERSECTION OF THE CENTERLINE OF ENTRANCE "A" AND THE CENTERLINE OF THE 96 MALL PERIPHERAL ROAD; THENCE N.45°00'00"W.,ALONG SAID CENTERLINE OF THE 97 MALL PERIPHERAL ROAD,A DISTANCE OF 185.86 FEET TO A POINT; THENCE 98 CONTINUING ALONG SAID PERIPHERAL ROAD CENTERLINE, 214.15 FEET ALONG A 99 CURVE TO THE RIGHT,HAVING A RADIUS OF 278.00 FEET AND A CHORD OF 208.89 FEET, 100 BEARING N.22055'56"W. TO A POINT; THENCE CONTINUING ALONG SAID PERIPHERAL 101 ROAD CENTERLINE,N.0051'51"W.,A DISTANCE OF 562.94 FEET TO A POINT; THENCE 102 N.89008'09"E.,A DISTANCE OF 17.50 FEET TO THE PRINCIPAL POINT AND PLACE OF 103 BEGINNING OF THE FOLLOWING DESCRIPTION: 104 105 THENCE DUE EAST,A DISTANCE OF 453.76 FEET TO A POINT; THENCE DUE SOUTH,A 106 DISTANCE OF 52.50 FEET TO A POINT; THENCE DUE EAST, A DISTANCE OF 102.74 FEET 107 TO A POINT; THENCE DUE SOUTH,A DISTANCE OF 272.00 FEET TO A POINT; THENCE 108 DUE WEST,A DISTANCE OF 82.84 FEET TO A POINT; THENCE S.45000'00"W.,A DISTANCE 109 OF 206.53 FEET TO A POINT; THENCE N.45000'00"W.,A DISTANCE OF 30.50 FEET TO A 110 POINT; THENCE S.45000'00"W.,A DISTANCE OF 356.00 FEET TO A POINT; THENCE 151.99 111 FEET ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 256.00 FEET AND A CHORD 112 OF 149.68 FEET, BEARING N.17°51'43.4"W. TO A POINT; THENCE N.0°51'51"W.,A DISTANCE 113 OF 558.30 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING AND CONTAINING 114 6.12 ACRES OF LAND, MORE OR LESS, TOGETHER WITH. 115 116 2. (CHRIST FELLOWSHIP CHURCH): 117 A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 118 BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 119 120 COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE N.87058'21"E.,A DISTANCE 121 OF 20.000 FEET TO A POINT; THENCE N.0051'51"W.,A DISTANCE OF 35.00 FEET TO A 122 POINT; THENCE N.87°58'21"E.,A DISTANCE OF 20.01 FEET TO A POINT; THENCE 123 N.0°51'51"W.,A DISTANCE OF 78.33 FEET TO A POINT; THENCE N.890 08'09"E.,A DISTANCE 124 OF 168.29 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE 125 FOLLOWING DESCRIPTION: 126 THENCE N.25014'17"E.,A DISTANCE OF 254.35 FEET TO A POINT; THENCE N.0053'26"W.,A 127 DISTANCE OF 357.40 FEET TO A POINT; THENCE 32013'52"E.,A DISTANCE OF 12.14 FEET 128 TO A POINT; THENCE DUE EAST,A DISTANCE OF 141.50 FEET TO A POINT; THENCE DUE 129 NORTH,A DISTANCE OF 33.37 FEET TO A POINT; THENCE DUE EAST,A DISTANCE OF 130 257.34 FEET TO A POINT; THENCE DUE SOUTH,A DISTANCE OF 194.18 FEET TO A POINT; 131 THENCE DUE EAST,A DISTANCE OF 80.00 FEET TO A POINT; THENCE S.0000'30"W.,A 132 DISTANCE OF 275.55 FEET TO A POINT; THENCE N.89058'24"W.,A DISTANCE OF 123.07 133 FEET TO A POINT; THENCE S.00 01'36"W.,A DISTANCE OF 201.00 FEET TO A POINT; 134 THENCE DUE WEST,A DISTANCE OF 177.03 FEET TO A POINT; THENCE DUE SOUTH,A 135 DISTANCE OF 62.83 FEET TO A POINT; THENCE DUE WEST,A DISTANCE OF 265.55 FEET 136 TO A POINT; THENCE N.23058'07"W.,A DISTANCE OF 55.20 FEET TO A POINT; THENCE 137 DUE NORTH,A DISTANCE OF 52.00 FEET TO THE PRINCIPAL POINT AND THE PLACE OF 138 BEGINNING AND CONTAINING 7.16 ACRES OF LAND, MORE OR LESS, TOGETHER WITH. 139 140 3. (THEATER SITE): C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 752 of 1207 141 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 142 COUNTY OF PALM BEACH, FLORIDA AND FURTHER DESCRIBED AS FOLLOWS: 143 COMMENCE AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 144 43 EAST;THENCE N.00°59'39"W.ALONG THE EAST LINE OF SAID SECTION 19,A DISTANCE 145 OF 2643.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 FEET TO A POINT 146 ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE; THENCE S.88°05'26"W. 147 ALONG THE CENTERLINE OF MALL ENTRANCE ROAD "D",A DISTANCE OF 850.00 FEET TO 148 A POINT, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF MALL 149 ENTRANCE ROAD "D" AND THE CENTERLINE OF THE MALL PERIPHERAL ROAD; THENCE 150 S.00059'39"E., ALONG THE SAID CENTERLINE OF THE MALL PERIPHERAL ROAD, A 151 DISTANCE OF 189.01 FEET TO A POINT; THENCE S.89°00'21"W.,A DISTANCE OF 22.00 FEET; 152 THENCE N.0059'39"W.,A DISTANCE OF 828.34 FEET TO THE POINT OF BEGINNING;THENCE 153 S.00 59'39"E., A DISTANCE OF 448.19 FEET TO THE POINT OF A CURVE CONCAVE TO THE 154 NORTHWEST AND HAVING A RADIUS OF 25.00 FEET AND A CHORD DISTANCE OF 35.66 155 FEET BEARING OF S.44°30'10"W.; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF 156 SAID CURVE THROUGH A CENTRAL ANGLE OF 90°59'38" FOR A DISTANCE OF 39.70 FEET; 157 THENCE DUE WEST, A DISTANCE OF 215.64 FEET TO THE POINT OF CURVATURE OF A 158 CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 25.00 FEET AND 159 CHORD DISTANCE OF 35.36 FEET BEARING N.450 00'00"W., THENCE RUN 160 NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL 161 ANGLE OF 90000'00" FOR A DISTANCE OF 39.27 FEET; THENCE DUE NORTH, A DISTANCE 162 OF 172.39 FEET; THENCE DUE WEST, A DISTANCE OF 3 0.10 FEET; THENCE DUE NORTH, A 163 DISTANCE OF 109.10 FEET; THENCE DUE EAST 30.10 FEET; THENCE DUE NORTH, A 164 DISTANCE OF 180.71 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE 165 SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET AND A CHORD DISTANCE OF 15.39 166 FEET BEARING N.220 38'04"E., THENCE NORTHEASTERLY, ALONG THE ARC OF SAID 167 CURVE THROUGH A CENTRAL ANGLE OF 45016'09" FOR A DISTANCE OF 15.80 FEET' 168 THENCE N.45°16'09"E., A DISTANCE OF 4.62 FEET TO THE POINT OF CURVATURE OF A 169 CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 18.00 FEET AND A 170 CHORD DISTANCE OF 24.03 FEET BEARING N.87008'14"E.; THENCE RUN ALONG THE ARC 171 OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 83044'10" FOR A DISTANCE 172 OF 26.31 FEET TO THE POINT OF REVERSE CURVE OF A CURVE CONCAVE TO THE 173 NORTHEAST AND HAVING A RADIUS OF 39.15 FEET AND A CHORD DISTANCE OF 26.14 174 FEET BEARING S.700 29'50"E.;THENCE RUN ALONG THE ARC OF SAID CURVE THROUGH A 175 CENTRAL ANGLE OF 39000'19" FOR A DISTANCE OF 26.65 FEET; THENCE S.89059'59"E., A 176 DISTANCE OF 198.62 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE 177 SOUTHWEST AND HAVING A RADIUS OF 281.00 FEET AND A CHORD DISTANCE OF 23.62 178 FEET BEARING S.3024'10"E.; THENCE RUN ALONG THE ARC OF SAID CIRCULAR CURVE 179 THROUGH A CENTRAL ANGLE OF 40 49'02" FOR A DISTANCE OF 23.63 FEET TO THE POINT 180 OF BEGINNING. CONTAINING 3.065 ACRES MORE OF LESS, TOGETHER WITH. 181 182 4. (PARCEL B): 183 NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL A ABOVE,CREATED BY AND 184 MORE PARTICULARLY DESCRIBED IN THE EASEMENT AND OPERATING AGREEMENT BY 185 AND AMONG FEDERATED DEPARTMENT STORES, INC, ASSOCIATED DRY GOODS 186 CORPORATION, MACY'S NEW YORK, INC. AND BOYNTON-JCP ASSOCIATES, LTD., 187 RECORDED IN OFFICIAL RECORDS BOOK 4379, PAGE 334; AS ASSIGNED BY MACY'S NEW 188 YORK, INC. TO MACY'S ATLANTA, INC. BY THE ASSIGNMENT AND ASSUMPTION 189 AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 5875, PAGE 752; AS ASSIGNED BY 190 ASSOCIATED DRY GOODS CORPORATION TO MERVYN'S BY THE ASSIGNMENT AND 191 ASSUMPTION AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 6719, PAGE 867; AS 192 MODIFIED BY THE FIRST AMENDMENT RECORDED IN OFFICIAL RECORDS BOOK 8852, 193 PAGE 1598;AS ASSIGNED BY MERVYN'S TO DILLARD DEPARTMENT STORES,INC. BY THE 194 ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 753 of 1207 195 9751,PAGE 1807;AS ASSIGNED BY MACY'S PRIMARY REAL ESTATE,INC.TO MACY'S EAST, 196 INC., BY THE ASSIGNMENT AND ASSUMPTION AGREEMENT RECORDED IN OFFICIAL 197 RECORDS BOOK 11259, PAGE 1885; AS MODIFIED BY THE SECOND AMENDMENT 198 RECORDED IN OFFICIAL RECORDS BOOK 13121,PAGE 1747;AND AS ASSIGNED BY MACY'S 199 EAST,INC. TO BOYNTON-JCP ASSOCIATES,LTD. BY THE ASSIGNMENT AND ASSUMPTION 200 OF REA RECORDED IN OFFICIAL RECORDS BOOK 18077, PAGE 1413, ALL OF THE PUBLIC 201 RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH. 202 203 5. (MACY'S SITE): 204 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 205 COUNTY OF PALM BEACH, FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 206 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 207 43 EAST;THENCE N.00°59'39"W.,ALONG THE EAST LINE OF SAID SECTION 19,A DISTANCE 208 OF 1,262.20 FEET TO A POINT; THENCE N.89°46'34"W., A DISTANCE OF 60.01 FEET TO THE 209 INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE WITH 210 THE NORTHERLY RIGHT OF WAY LINE OF BOYNTON WEST ROAD (FORMERLY OLD 211 BOYNTON ROAD); THENCE N.89°46'34"W.,ALONG THE SAID NORTHERLY RIGHT OF WAY 212 LINE OF BOYNTON WEST ROAD, A DISTANCE OF 923.56 FEET TO THE PRINCIPAL POINT 213 AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: 214 THENCE CONTINUING N.89°46'34"W.,ALONG THE SAID NORTHERLY RIGHT OF WAY LINE 215 OF BOYNTON WEST ROAD, A DISTANCE OF 1,198.98 FEET TO A POINT; THENCE 216 N.000 13'26"E.,A DISTANCE OF 76.34 FEET TO A POINT; THENCE N.45000'00"E.,A DISTANCE 217 OF 80.00 FEET TO A POINT; THENCE 25.00 FEET ALONG A CURVE TO THE RIGHT, HAVING 218 A RADIUS OF 331.00 FEET AND A CHORD OF 24.99 FEET BEARING N.47009'49.5"W., TO A 219 POINT; THENCE N.45000'00"W., A DISTANCE OF 212.13 FEET TO A POINT; THENCE 14.58 220 FEET HAVING A CURVE TO THE RIGHT,HAVING A RADIUS OF 256.00 FEET AND A CHORD 221 OF 14.57 FEET BEARING N.43022'07.2"W., TO A POINT; THENCE N.45000'00"E., A DISTANCE 222 OF 341.59 FEET TO A POINT;THENCE S.45000'00"E.,A DISTANCE OF 31.50 FEET TO A POINT; 223 THENCE N.45000'00"E., A DISTANCE OF 120.50 FEET TO A POINT; THENCE DUE EAST, A 224 DISTANCE OF 597.51 FEET TO A POINT; THENCE N.45000'00"E., A DISTANCE OF 59.00 FEET 225 TO A POINT; THENCE S.45000'00"E., A DISTANCE OF 383.00 FEET TO A POINT; THENCE 226 S.45000'00"W.,A DISTANCE OF 130.95 FEET TO A POINT;THENCE S.45000'00"E.,A DISTANCE 227 OF 214.15 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 146.55 FEET TO THE 228 PRINCIPAL PLACE OF BEGINNING AND CONTAINING 15.41 ACRES OF LAND, MORE OR 229 LESS. 230 231 LESS AND EXCEPT: 232 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 233 COUNTY OF PALM BEACH, FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 234 COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE N.87058'21"E., ALONG 235 THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 19, A DISTANCE OF 20.00 236 FEET; THENCE N.0°51'51"W., ALONG A LINE 20.00 FEET EAST OF AND PARALLEL TO 237 THE WEST LINE OF THE NORTHEAST QUARTER (N.E.1/4) OF SAID SECTION 19, A 238 DISTANCE OF 35.00 FEET; THENCE N.87058'21"E., A DISTANCE OF 20.01 FEET TO THE 239 PRINCIPAL POINT OF BEGINNING; THENCE CONTINUE N.87058'21"E., A DISTANCE OF 240 35.64 FEET; THENCE N.25014'17"E., A DISTANCE OF 362.64 FEET; THENCE N.0053'26"W., 241 A DISTANCE OF 362.94 FEET; THENCE N.32013'52"E., A DISTANCE OF 315.12 FEET; 242 THENCE N.0001'27"E., A DISTANCE OF 244.69 FEET TO A POINT ON THE SOUTH RIGHT 243 OF WAY LINE OF THE BOYNTON CANAL; THENCE S.88005'26"W., ALONG SAID SOUTH 244 RIGHT OF WAY LINE, A DISTANCE OF 370.95 FEET TO A POINT ON A LINE 40.00 FEET 245 EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER(N.E.1/4) 246 OF SAID SECTION 19; THENCE S.0°51'51"E.,ALONG SAID PARALLEL LINE,A DISTANCE 247 OF 1191.23 FEET TO THE PRINCIPAL POINT OF BEGINNING AND CONTAINING 6.24 248 ACRES OF LAND MORE OR LESS. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 754 of 1207 249 250 is amended from Development of Regional Impact(DRI)to: MIXED USE LOW (MXL). 251 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 252 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 253 Land Development Regulation Act. No party shall be vested of any right by virtue of the 254 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 255 including appeals, are exhausted. In the event that the effective date is established by state law 256 or special act, the provisions of state act shall control. 257 FIRST READING this day of , 2019. 258 SECOND, FINAL READING and PASSAGE this day of , 2019. 259 CITY OF BOYNTON BEACH, FLORIDA 260 YES NO 261 262 263 Mayor— Steven B. Grant 264 265 Vice Mayor— Christina L. Romelus 266 267 Commissioner—Mack McCray 268 269 Commissioner—Justin Katz 270 271 Commissioner—Aimee Kelley 272 273 VOTE 274 ATTEST: 275 276 277 Judith A. Pyle, CMC 278 City Clerk 279 280 (Corporate Seal) 281 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C88EDD34-D2C9-4C59-BD22-20D7AFBCF6CA\Boynton Beach.145 5 4.1.Boynton_Beach_Mall_LUA_-_Ordinance.Docx Page 755 of 1207 I ORDINANCE NO. 19 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AN AMENDMENT TO POLICY 5 1.3.1 b "DEVELOPMENT OF REGIONAL IMPACT 6 (DRI)" OF THE FUTURE LAND USE ELEMENT OF 7 THE COMPREHENSIVE PLAN TO DELETE THE 8 BOYNTON BEACH MALL DRI FROM THE LIST OF 9 DRI-CLASSIFIED SITES; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida 14 ("City") has adopted a Comprehensive Plan, and as part of said plan, adopted Policy 15 1.3.1, pursuant to Ordinance 89-38 in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the proposed future land use amendment, changing the Mall's 18 future land use classification from Development of Regional Impact (DRI) to Mixed 19 Use Low (MXL), has been initiated by City staff in preparation for the site's future 20 redevelopment and requires an amendment to the above reference policies of the 21 Future Land Use Element of the Comprehensive Plan removing the Boynton Beach 22 Mall DRI from the list of DRI-classified sites; and 23 WHEREAS, after public hearing, the City Commission deems it to be in the 24 best interest of the inhabitants of the City to amend the text of the City's 25 Comprehensive Plan by amending Policy 1.3.lb as provided herein; and 26 WHEREAS, the City Commission finds that the adoptions of these 27 Comprehensive Plan Amendments are in the best interest of the health, safety and 28 welfare of the citizens and residents of the City of Boynton Beach. 29 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION 30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing Whereas clauses are true and correct and are now 32 ratified and confirmed by the City Commission. 33 Section 2. That the Comprehensive Plan, Policy 1.3.1(b), is hereby 34 amended by adding the words and figures in underlined type and by deleting the words 35 and figures in struck-through type, as follows: C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B9D5D9FD-E313-4C6A-BD51- 3E 194F08A930\Boynton Beach.14555.I.Text_Amendment_1.3.1_b_remove_Boynton_Beach_Mall_DRI_-_Ordinance.docx 1 Page 756 of 1207 I Policy 1.3.1 b Development of Regional Impact(DRI) 2 3 ... 4 5 Consistent with the Renaissance Commons DRI Development Order, 6 the approved land uses and intensities shall be as follow: 7 Land Use Minimum-Maximum Intensity High density Residential 1,085 du to 2,016 du Office Commercial 173,460 sf to 322,140 sf Local Retail/General Commercial 149,100 sf to 276,900 sf 8 Traffic generation for the Renaissance Commons DRI shall not exceed 9 1,634 p.m. peak hour trips (For compliance with Article 12, Traffic 10 Performance Standards of the Palm Beach County Unified Land 11 Development Code). 12 13 , 14 , 15 , is a 16 sifigle use retail mail. 17 18 , 19 . 20 Land rl Use Minimum Maximum inte*sity 21 *(;FE)ss Leasable A,,e 22 23 24 , 25 26 . 27 28 3. The Quantum Park (fka Boynton Beach Park of Commerce) 29 Development of Regional Impact(DRI) approved by City of Boynton 30 Beach Ordinance 84-51, and most recently amended by Ordinance 12- 31 001, is a mixed use project containing industrial, office, commercial, 32 residential and governmental/institutional uses. 33 34 Consistent with the Quantum Park DRI Development Order, the 35 approved land uses and intensities shall be as follows: 36 ... 37 CAAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B9D5D9FD-E313-4C6A-BD51- 3E 194F08A930\Boynton Beach.14555.LText—Amendment—1.3.1—b—remove Boynton—Beach—Mall—DRI---Ordinance.docx 2 Page 757 of 1207 I Section 4. All laws and ordinances applying to the City of Boynton Beach 2 in conflict with any provisions of this Ordinance are hereby repealed. 3 4 Section 5. Should any section or provision of this Ordinance or any 5 portion thereof be declared by a court of competent jurisdiction to be invalid, such 6 decision shall not affect the remainder of this Ordinance. 7 8 Section 6. The effective date of this plan amendment shall be: The date a 9 final order is issued by the Department of Community Affairs finding the amendment 10 to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final 11 order is issued by the Administration Commission finding the amendment to be in 12 compliance in accordance with Section 163.3184, F.S. 13 14 FIRST READING this day of , 2019. 15 SECOND, FINAL READING AND PASSAGE this day of 2019. 16 17 CITY OF BOYNTON BEACH, FLORIDA 18 19 YES NO 20 21 22 Mayor— Steven B. Grant 23 24 Vice Mayor— Christina L. Romelus 25 26 Commissioner—Mack McCray 27 28 Commissioner—Justin Katz 29 30 Commissioner—Aimee Kelley 31 32 VOTE 33 ATTEST: 34 35 36 Judith A. Pyle, CMC 37 City Clerk 38 39 40 (Corporate Seal) 41 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\B9D5D9FD-E313-4C6A-BD51- 3E 194F08A930\Boynton Beach.14555.I.Text_Amendment_1.3.1_b_remove_Boynton_Beach_Mall_DRI_-_Ordinance.docx 3 Page 758 of 1207 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-064 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: December 7, 2018 PROJECT: Boynton Beach Mall's Future Land Use Map Amendment (LUAR 19-002) and related Comprehensive Plan's Text Amendment (CPTA 19-001) REQUEST: Approve Boynton Beach Mall Future Land Use Map Amendment from Development of Regional Impact (DRI) to Mixed Use Low (MXL) and the Comprehensive Plan's Future Land Use Element text amendment to delete the Boynton Beach Mall DRI from the list of DRI-classified sites. City-initiated. PROJECT DESCRIPTION Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group, LLC)—four (4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. (Exhibit "Al") Applicant: City of Boynton Beach Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (Exhibit "A2") Existing Land Use/ Development of Regional Impact (DRI), Exhibit "B" / Zoning: C-3, Community Commercial (Exhibit "D"); Proposed Land Use/ Mixed Use Low (MXL), Exhibit "C") / Zoning: No change in zoning Page 759 of 1207 Page 2 Boynton Beach Mall LUAR 19-002 Acreage: +/- 108.30 acres Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south, Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of- way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L- 23 Canal and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. BACKGROUND The Boynton Beach Mall (the Mall), an enclosed shopping center, is a Development of Regional Impact (DRI) pusuant to the provisions of Chapter 380.06 of the Florida Statutes. It was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974 (Resolution No. 74-343). The Development Order included 10 (ten) impact-mitigating conditions, with 7 (seven) pertaining to road improvements/traffic circulation and a requirement that the pine area located in the northwest area of the site be preserved. 2 Page 760 of 1207 Page 3 Boynton Beach Mall LUAR 19-002 THE SITE The Mall is bounded by Javert Street on the southwest, LWDD L-23 Canal on the northwest, North Congress Avenue on the east, Boynton Canal on the north and Old Boynton Road on the south. The four parcels owned by the Boynton Beach Mall LLC comprise the largest part of the area under consideration (the company also owns the pine preserve area, which will retain its current future land use of Recreational). The other property owners are Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards, JCPenney and Sears as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Sears Auto Center. The current mall includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and 79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft.. THE BRIEF HISTORY OF THE MALL • 1982: The City annexes the property with the proposed development (Ordinance No. 82-38); adopts a development order for the Boynton Beach Mall permitting 1,108,000 GLA retail (consistent with the Palm Beach County's Resolution No. 74- 343); approves Future Land Use amendment for the property from the Palm Beach County's Commercial Potential to the City's Local Retail (Ordinance No. 82-41) and rezoning from the County's CG General Commercial to the City's C-3 Community Commercial (Ordinance No. 82-44). Outparcels fronting North Congress Avenue are also annexed, and likewise reclassified/rezoned to the same categories. • 1985: The Mall opens on October 2nd • 1988: The City annexes a 5.83 acre parcel included in the original DRI area as a pine preserve area (Ordinance No. 88-11), giving the property Recreational (R) future land use classification and REC (Recreation) zoning designation in 1991. Amendments to the Boynton Beach Mall DRI Development Order (1989-2005) • 1989: Amendments allow for the increase of the retail GLA from 1,108,000 to 1,244,449 sq. ft. to accommodate addition of the Sears store (Resolution No. 89- U U U, 12/19/89). Amendments are appealed by the state planning agency (the former Department of Community Affairs) and the Treasure Coast Regional Planning Council for inadequate protection of the pine area, and deficiencies pertaining to drainage and mitigation of traffic impacts. 3 Page 761 of 1207 Page 4 Boynton Beach Mall LUAR 19-002 • 1991: Amendments reflect settlement of the above mentioned appeal. The developer revises the site plan and agrees to preserve the native habitat in the area in perpetuity through Restrictive Covenants. Additional conditions include requirements pertaining to littoral zone planting design and management plan and hazardous materials management plan (Resolution No. 91-37, 3/5/91). • 1996/1998: Amendments extend the buildout date and include revisions to the transportation mitigation conditions (Resolution No. 96-26, 2/20/96 and Resolution No. 98-123). • 2005: Amendments provide for a conversion of 169,510 square feet of the existing retail GLA (through the demoliton of the Macy's store, which relocated to the former Burdines' space) to a 79,500 square foot multi-screen movie theater with 3,650 seats, and the addition of 17,528 of new retail space (Resolution No. 05-049). The overall square footage is reduced from 1,244,449 to 1,154,439. Amendment to Boynton Beach Mall FLU with DRI as New FLU Category (2008) In 2004, the City approved the amendment to the text of the Comprehensive Plan's Future Land Use Element establishing a Development of Regional Impact (DRI) as a future land use classification (Ordinance No. 04-012). The new DRI FLU category was a solution generated in collaboration with Florida Department of Community Affairs, the former state land planning agency; it addressed the absence of a mixed use classification applicable for property outside downtown area where such classification already existed. The DRI FLU was defined separately for the City's three (3) DRIs, using the density, intensity and traffic generation limits for each as approved in the respective DRI development orders. Initially, the DRI FLU was only applied to one of the three sites, Motorola DRI, which redeveloped under the name of Renaissance Commons. The two remaining DRIs, Quantum and Boynton Beach Mall, were not reclassified till 2008, as a part of the state- mandated Evaluation and Appraisal (EAR)-based Comprehensive Plan text and map amendments (Ordinance No. 08-007). The pine preserve—a part of the Boynton Beach Mall DRI—retained its Recreation (R) FLU category. Expiration of Boynton Beach Mall DRI Development Order (2012) The initial termination date of the Boynton Beach Mall DRI Development Order was set for December 31, 2010. However, prior to that date, in 2009, the mall owner requested and was granted a two (2) – year extension pursuant to the Community Renewal Act, a growth management law that intended, among other things, to assist local communities' economic recovery after the period of inactivity forced by the "Great Recession." Ultimately, the development order expired on December 12, 2012. 4 Page 762 of 1207 Page 5 Boynton Beach Mall LUAR 19-002 Purchase of Dillard's Property by Christ Fellowship Church (2012) In December of 2012, Christ Fellowship Church (CFC) purchased one of the two Dillard's properties. The CFC became one of a growing number of churches locating in vacant or obsolete former commercial spaces such as malls and abandoned "big-box" buildings, taking advantage of lower cost of remodeling a vacant building rather than constructing a new facility. Washington Prime Group Takes Over the Mall (2014) In 2014, Simon Property Group, the Mall's owner, spun off their lower-tier mall assets, including the Boynton Beach property, to an entity known as Washington Prime Group. THE PROPOSED ACTION AND THE PROCESS This action—the future land use amendment changing the Mall's future land use classification from Development of Regional Impact (DRI) to Mixed Use Low (MXL)— has been initiated by City staff in preparation for the site's future redevelopment. While the redevelopment will likely proceed in phases and involve site planning for each, the rezoning will be processed concurrently with a master plan for the entire site. There is at present no master plan application. The subject amendment to the Future Land Use Map (FLUM) is accompanied by the concurrently processed amendment to the Comprehensive Plan's Future Land Use Element (CPTA 19-001), which eliminates the Boynton Beach Mall DRI from the list of DRI-classified sites. Since the size of the property under consideration exceeds ten acres, both the proposed FLUM amendment and the concurrent text amendments to the Future Land Use Element are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2019. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. 5 Page 763 of 1207 Page 6 Boynton Beach Mall LUAR 19-002 There are several factors contributing to the need for the proposed amendment: • Development order for Boynton Beach Mall DRI expired. The Future Land Use Element's definition of the DRI future land use for the Mall includes minimum and maximum intensity of retail/commercial development measured in square feet of gross leasable space as approved by the DRI development order. Since the subject development order expired, this definition no longer has actionable meaning and will be eliminated. Concurrently, the Mall would be assigned a new FLU of Mixed Use Low. • Enclosed mall as model for a shopping center has become obsolete. Boynton Beach Mall has been ailing for several years, as shown by the the Palm Beach County Property Appraiser's annual "Top Taxpayers" reports for the City. There was an especially sharp drop in appraised value of Boynton Mall LLC properties between 2016 and 2017—nearly $13 million, from $46,339,832 to $33,517,168, as the mall's anchors JC Penney and Sears continued to suffer declining sales. Closures of traditional enclosed malls in the U.S. have been reported for over a decade. Some of these malls are able to reinvent themselves to become "lifestyle shopping" mixed use projects or outlet centers, some are redeveloped as health or conference facilities, and some have accommodated nontraditional tenants such as churches and schools. The Outlook section in the Cushman & Wakefield U.S. Shopping Center report for the first quarter of 2018 states: "The gap will widen between mall classes (...). Class 8 will look at non-traditional mall tenants and innovation to survive (...). Closures of weakest malls and centers will ramp up in the second half of 2018. The reinvention of these dying malls as mixed use projects will gain momentum in 2019 and beyond." The proposed Mixed Use Low FLU reclassification (and subsequent rezoning) will provide flexibility in both uses and design to allow the Mall to "reinvent" itself. The variety of options MXL offers is crucial to the successful redevelopment of the property and the continued success of the entire Congress Avenue commercial hub. • The Mall's current zoning is not conducive for redevelopment The Mall's current zoning is C-3, Community Commercial, a conventional zoning district under the Local Retail Commercial (LRC) future land use. Neither provides appropriate framework for creativity and flexibility in design that the property needs to be successfully redeveloped. • Mall redevelopment is included in City's strategic plans The City's Strategic Plan 2018-2022 lists the Mall's redevelopment as item #18 in the 6 Page 764 of 1207 Page 7 Boynton Beach Mall LUAR 19-002 portfolio of strategic projects starting FY2018-2019. The document notes that the redevelopment of the Mall site will be part of a future planning effort embracing an area tentatively referred to as the Congress Avenue Corridor District. As expected, the need for improvements/redevelopment of the Mall was also recognized by the City's 2016-2021 Economic Development Strategic Plan (Goal 4, Objective 4.2) b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and strategic plans The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.7.4 By the end of 2017, the City shall evaluate a need for redevelopment plans for specific areas of the City that are not within the City's designated Community Redevelopment Area. If an evaluation determines such a need, the development of such plans shall be added to staff work program. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. As per the response to criterion "a," the proposed amendment is also consistent with, and initiates the implementation of, the objectives of the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan pertaining to redevelopment of Boynton Beach Mall. 7 Page 765 of 1207 Page 8 Boynton Beach Mall LUAR 19-002 In 2019, pursuant to Policy 1.7.4, staff will resume work—initiated in 2018—on a comprehensive redevelopment plan for the Congress Avenue corridor. Since the proposed Mixed Use Low is the only mixed use classification for lands west of Interstate 95, it will be a clear choice as the plan's FLU recommendation for the site. Moreover, the incoming master plan for the Mall will be reviewed with the anticipated recommendations regarding the FLU, connectivity and overall design for the nearby corridor areas in sight. Consistency with Land Development Regulations (LDR) The consistency with the LDRs and the need for any Code reviews— potentially required given the size and complexity of the project—will be assessed at the master plan/rezoning phase of the project. The sole zoning distict corresponding to the proposed MXL future land use category and applicable to the areas west of Interstate 95 is SMU, Suburban Mixed Use. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLUM would not be contrary to the established land use pattern nor would it create an isolated FLU classification. The land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses of single-family, multi-family and mobile homes. Given that the subject site contains about 108 acres, the proposed amendment can hardly be considered an "isolated land use classification"; moreover, the proposed FLU category of MXL extends over an 80 acre area of Boynton Village community on the east side of North Congress Avenue. Finally, the MXL future land use classification will very likely be recommended for other areas of the Congress Avenue Corridor District and will replace the DRI classification of Renaissance Commons when that DRI expires. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The subject FLUM amendment is not accompanied by rezoning with a master plan; however, the proposed MXL will eventually support a large mixed use project with uses 8 Page 766 of 1207 Page 9 Boynton Beach Mall LUAR 19-002 complementary to those within the project as well as those in the surrounding areas. Interconnectivity will be one of the top project design requirements. Visitors and residents willl have access to PalmTran bus service along Congress Avenue. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department (see attached letter). So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. Traffic. The traffic impacts associated with the future redevelopment of the mall are not expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach Mall DRI Development Order for the approved 1,244,449 Sq. ft. GLA. (Note that the constructed square footage and the related PM Peak Hour trips are below the above threshholds). The trip generation equivalency analysis will be performed at the rezoning/master plan phase. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposed FLUM amendment would be compatible with the current and future use of adjacent and nearby properties. As previously stated (see response to criterion "c"), the land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses of single-family, multi-family and mobile homes. The 9 Page 767 of 1207 Page 10 Boynton Beach Mall LUAR 19-002 proposed FLU category of MXL covers 80 acres of Boynton Village on the east side of North Congress Avenue. Moreover, the MXL will likely be recommended for lands along the Congress Avenue Corridor District currently designated Local Retail Commercial (LRC), as this FLU classification would not effectively promote redevelopment. MXL will also replace the DRI classification of Renaissance Commons when that DRI expires. The redevelopment of the Mall will have a positive effect on property values of surrounding properties. (At the master planing/site planning phases of the project, efforts will be taken to mitigate any negative impact of redevelopment on the single- family residential neighborhood to the west of the site.) While expanding the "Urban Village" model with its emphasis on walkability and public spaces from the Congress Avenue's east to the west side, the proposed amendment will assure that the Congress Avenue Corridor continues to grow and thrive as the City's main commercial hub. It would benefit both the neighborhood and the City as a whole. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion "b"), redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested action meets criterion "g(1)". Furthermore, the ensuing project has a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. As noted in response to criterion "a," between 2016 and 2017 the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168 (criterion "g2"); • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "gS% and "g7"); 10 Page 768 of 1207 Page 11 Boynton Beach Mall LUAR 19-002 • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment can potentially reduce the amount of land available for commercial development since the MXL category encourages a mix of residential and commercial uses. Inclusion of residential uses supports the "live, work and play" motto embodying the lifestyle of the "Urban Village." As noted above in response to criterion "g", the amendment has a potential to deliver all listed benefits, meeting condition "h(2)." L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See response to criterion "a.") j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. N/A. The request is for FLUM only. 11 Page 769 of 1207 Page 12 Boynton Beach Mall LUAR 19-002 CONCLUSION/RECOMMENDATION As a result of the above analysis, the proposed request is consistent with the intent of the policies of the Comprehensive Plan and the recommendations of the City's Strategic Plan and the Economic Development Strategic Plan. Staff recommends approval of the proposed Future Land Use Map amendments for transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall LUAR 19-002\STAFF REPORT\BB Mall LUAR 18-003 Staff Report 11_01.doc 12 Page 770 of 1207 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES I n t } i CHRIST ISTAR FELLOWSHIP r Boynton Beach Mall LLC 1 p� r DILLARDS Z MACYS REGIONAL ENTERPR. MOONRISEi oy o F- N LEGEND w E immin City boundary S Owners other than Boynton Mall LLC 062. 25 250 375 500 EXHIBIT A2 BOYNTON BEACH MALL DRI LOCATION MAP =x� � Savannah Boynton Canal t � - P. 2 f o-� I k A na' gpx 7 r i t� E i3+r ,hGH R t i A, r CpI i G c t -- - s Old Boynton c1 t�. N LEGEND w E mimm City boundary s 0 75150 300 450 600 EXHIBIT B BOYNTON BEACH MALL CURRENT FLU r NW 14th. Ave \/ictory-Cir' i _ F CURRENT FLU : DRI `t 3 t - Olcl Bo nton Rcl LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) w E LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) FM EXHIBIT C BOYNTON BEACH MALL PROPOSED FLU r r = NW 14th Ave C- T - 1 = I i .� Proposed FLU . Mined Use Low M L � COD o A Z � i { - Olcl Bo nton Rcl LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) W E LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) �� EXHIBIT D BOYNTON BEACH MALL CURRENT ZONING NW 14th, Ave \/ictory Cilr F fi s ,. i tit rl its t i fi S rr r, f{Vf 41�� f i - { � $ f r {i>' $ L t O S fF s, lc d s. - OId Boynton Rid r �ff } c, S (t rr. i ftp 5 Fi LEGEND: ZONING DISTRICTS PUD Planned Unit Development 0 C1 Office Professional N C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640 REC Recreation Fga PROPOSED AMENDMENT TO FLU ELEMENT: EXHIBIT E Consistent with the Renaissance Commons DRI Development Order, the approved land uses and intensities shall be as follow: Land Use Minimum-Maximum Intensity High density Residential 1,085 du to 2,016 du Office Commercial 173,460 sf to 322,140 sf Local Retail/General Commercial 149,100 sf to 276,900 sf Traffic generation for the Renaissance Commons DRI shall not exceed 1,634 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code). 2. follow- La.nd--Uae Ma-ni a m-Maxim-u -l-nte"m ity L, a1-Retail-Ca mereiat 8087447_gla* te L; 00;77 1 t 3. The Quantum Park (fka Boynton Beach Park of Commerce) Development of Regional Impact (DRI) approved by City of Boynton Beach Ordinance 84-51, and most recently amended by Ordinance 12-001, is a mixed use project containing industrial, office, commercial, residential and governmental/institutional uses. Consistent with the Quantum Park DRI Development Order, the approved land uses and intensities shall be as follows: City of Boynton Beach 1-9 Date July 18,2017 Comprehensive Plan Future Land Use Element Amendments:17-1ESR Ordinance 17-011 Page 776 of 1207 8.B. PUBLIC HEARING 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-001 - FIRST READING - Approve Country Trail PUD annexation (ANEX 19-001)Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-002 - FIRST READING - Approve Country Trail PUD Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR)with a maximum density of 7.5 du/acre. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) PROPOSED ORDINANCE NO. 19-003 - FIRST READING - Approve Country Trail PUD rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. Applicant: M2D Country Trail, LLC (Applicant request postponement to March 19, 2019) EXPLANATION OF REQUEST: The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty six (26) single-family homes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. The City and County staff concur that the proposed annexation meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. The proposed FLU and zoning designations are consistent with FLU and zoning designations of the surrounding areas and will support a single-family home development consistent with the neighborhood's established land use patterns. Since most housing units approved in Boynton Beach during the last five years have been multifamily rental dwellings, the addition to the single-family home supply—albeit small—would arguably benefit the City. On December 17, 2018, the Planning and Development Board recommended approval of the annexation request and forwarded the two remaining requests with the recommendation of denial. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended Page 777 of 1207 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Country Trail annexation D Ordinance Ordinance appro\Ang Country Trail Land Use Amendment D Ordinance Ordinance appro\Ang Country Trail Rezoning D Staff Report Country Trail PUD ANEX 19-001 and LUAR 19- 001 Staff Report D Location Map ExhibitA. Location Map D Amendment Exhibit B. Proposed FLU D Amendment Exhibit C. Proposed Zoning D Letter Exhibit D. PBC Annexation Letter Page 778 of 1207 1 ORDINANCE NO. 19 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ANNEXING 5.17 ACRES OF LAND THAT IS 5 CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH 6 COUNTY AND THAT WILL,UPON ANNEXATION,CONSTITUTE 7 A REASONABLY COMPACT ADDITION TO THE CITY 8 BOUNDARIES; PROVIDING THAT THE PROPER LAND USE 9 DESIGNATION AND PROPER ZONING OF THE PROPERTY 10 SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE 11 PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR 12 CONFLICTS, SEVERABILITY; PROVIDING THAT THIS 13 ORDINANCE SHALL BE FILED WITH THE CLERK OF THE 14 CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON 15 ADOPTION AND AN EFFECTIVE DATE. 16 17 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 18 development of an Annexation Program; and 19 WHEREAS,M21)COUNTRY TRAIL,LLC., owner,by and through its agent,Miller 20 Land Planning, Inc, of the property more particularly described hereinafter, have heretofore 21 filed a Petition, pursuant to Chapter 2, Article 11, Section 2A of the Land Development 22 Regulations, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of 23 land consisting of approximately 5.17 acres; and 24 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 25 following tract of land as hereinafter described, in accordance with Article I, Section 6 of the 26 Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 27 WHEREAS, said tract of land lying and being within Palm Beach County is 28 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 29 annexation, constitute a reasonably compact addition to the City boundary. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 31 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. That each and every Whereas clause is true and correct. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A3819F29-0340-4A01-AE84-F67D5E141789\Boynton Beach.14211.EAnnexation -_Country_Trail.docx 1 Page 779 of 1207 33 Section 2. Pursuant to Article I, Section 6 of the Charter of the City of Boynton 34 Beach,Florida and Section 171.044,Florida Statutes the following described unincorporated 35 and contiguous tract of land situated and lying and being in the County of Palm Beach, 36 Florida, to wit: 37 THE WEST HALF OF THE NE 114 OF THE SW 114 OF THE SE 114 OF 38 SECTION 31 TOWNSHIP 45 SOUTH, RANGE 43 EAST, LOCATED IN 39 PALM BEACH COUNTY, FLORIDA. TOGETHER WITH AN 40 EASEMENT FOR INGRESS AND EGRESS RECORDED IN OR BOOK 41 2988 PAGE 254 AND RE-RECORDED IN OR BOOK 3118, PAGE 1466 OF 42 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 43 44 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 45 46 47 48 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 49 and become part of the City with the same force and effect as though the same had been 50 originally incorporated in the territorial boundaries thereof. 51 Section3: That Section 6 of the Charter of the City of Boynton Beach, Florida, is 52 hereby amended to reflect the annexation of said tract of land more particularly described in 53 Section 2 of this Ordinance. 54 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 55 zoning designation and Land Use category is being determined as contemplated in Section 56 171.162(2), Florida Statutes. 57 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 58 repealed. 59 Section 6: Should any section or provision of this Ordinance or any portion thereof 60 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 61 the remainder of this Ordinance. 62 Section 7: This Ordinance shall not be passed until the same has been advertised C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A3819F29-0340-4A01-AE84-F67D5E141789\Boynton Beach.14211.EAnnexation -_Country_Trail.docx 2 Page 780 of 1207 63 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 64 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 65 Section 8. This ordinance, after adoption, shall be filed with the Clerk of the 66 Circuit Court of Palm Beach County, Florida. 67 Section 9. This ordinance shall become effective immediately upon passage. 68 FIRST READING this day of , 2019. 69 SECOND, FINAL READING and PASSAGE this day of , 2019. 70 CITY OF BOYNTON BEACH, FLORIDA 71 72 YES NO 73 74 Mayor— Steven B. Grant 75 76 Vice Mayor— Christina L. Romelus 77 78 Commissioner—Mack McCray 79 80 Commissioner—Justin Katz 81 82 Commissioner—Aimee Kelley 83 84 VOTE 85 86 87 88 89 ATTEST: 90 91 92 93 Judith A. Pyle, CMC 94 City Clerk 95 96 97 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\A3819F29-0340-4A01-AE84-F67D5E141789\Boynton Beach.14211.1.Annexation -_Country_Trail.docx 3 Page 781 of 1207 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS COUNTRY TRAIL AND 7 DESCRIBED HEREIN, OWNED BY M21) COUNTRY TRAIL, LLC., 8 CHANGING THE LAND USE DESIGNATION FROM MEDIUM 9 RESIDENTIAL (MR-5), MAXIMUM DENSITY 5 DU/AC TO: LOW 10 DENSITY RESIDENTIAL (LDR), MAXIMUM DENSITY 7.5 DU/AC; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 16 Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 23 in the best interest of the inhabitants of said City to amend the Future Land Use Element 24 (designation) of the Comprehensive Plan as hereinafter provided. 25 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 30 Future Land Use of the following described land: 31 THE WEST HALF OF THE NE 114 OF THE SW v4 OF THE SE 114 OF SECTION 32 31 TOWNSHIP 45 SOUTH, RANGE 43 EAST, LOCATED IN PALM BEACH C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 782 of 1207 33 COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT FOR INGRESS 34 AND EGRESS RECORDED IN OR BOOK 2988 PAGE 254 AND RE- 35 RECORDED IN OR BOOK 3118, PAGE 1466 OF THE PUBLIC RECORDS 36 OF PALM BEACH COUNTY, FLORIDA 37 38 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 39 40 is amended from Medium Residential (MR-5), maximum density 5 du/ac to: LOW 41 DENSITY RESIDENTIAL (LDR), maximum density 7.5 du/ac. 42 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 43 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 44 Land Development Regulation Act. No party shall be vested of any right by virtue of the 45 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 46 including appeals, are exhausted. In the event that the effective date is established by state law 47 or special act, the provisions of state act shall control. 48 FIRST READING this day of , 2019. 49 SECOND, FINAL READING and PASSAGE this day of , 2019. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 53 54 Mayor— Steven B. Grant 55 56 Vice Mayor— Christina L. Romelus 57 58 Commissioner—Mack McCray 59 60 Commissioner—Justin Katz 61 62 Commissioner—Aimee Kelley 63 64 VOTE 65 ATTEST: 66 67 68 Judith A. Pyle, CMC 69 City Clerk 70 71 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 783 of 1207 72 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\946FCB98-1F4E-4675-A773-C6B34BF6E3D7\Boynton Beach.14212.1.Country_Trail_LUA_-_Ordinance.Docx Page 784 of 1207 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 COUNTRY TRAIL FROM AGRICULTURAL RESIDENTIAL — 7 PALM BEACH COUNTY (AR) TO PLANNED UNIT 8 DEVELOPMENT (PUD); PROVIDING FOR CONFLICTS, 9 SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS,the City of Boynton Beach has made application to rezone land, said land 14 being more particularly described hereinafter, from Agricultural Residential — Palm Beach 15 County (AR)to PLANNED UNIT DEVELOPMENT (PUD); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from 26 Agricultural Residential — Palm Beach County (AR) to PLANNED UNIT DEVELOPMENT 27 (PUD). A location map is attached hereto as Exhibit"A" and made a part of this Ordinance by 28 reference. Legal Description: 29 30 31 THE WEST HALF OF THE NE 114 OF THE SW 114 OF THE SE 114 OF 32 SECTION 31 TOWNSHIP 45 SOUTH, RANGE 43 EAST, LOCATED IN 33 PALM BEACH COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT 34 FOR INGRESS AND EGRESS RECORDED IN OR BOOK 2988 PAGE 254 35 AND RE-RECORDED IN OR BOOK 3118, PAGE 1466 OF THE PUBLIC 36 RECORDS OF PALM BEACH COUNTY, FLORIDA 37 38 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DF425D16-EEEO-4005-8FE1-85CF5EAE894E\Boynton Beach.14213.1.Country_Trail-_Rezone_-_Ordinance.docx Page 785 of 1207 39 40 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 41 accordingly. 42 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 43 Section 5. Should any section or provision of this Ordinance or any portion thereof be 44 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 45 remainder of this Ordinance. 46 Section 6. This ordinance shall become effective immediately upon passage. 47 FIRST READING this day of , 2019. 48 SECOND, FINAL READING and PASSAGE this day of , 2019. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor— Christina L. Romelus 55 56 Commissioner—Mack McCray 57 58 Commissioner—Justin Katz 59 60 Commissioner—Aimee Kelley 61 62 VOTE 63 ATTEST: 64 65 66 67 68 Judith A. Pyle, CMC 69 City Clerk 70 71 72 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\DF425D16-EEEO-4005-8FE1-85CF5EAE894E\Boynton Beach.14213.1.Country_Trail-_Rezone_-_Ordinance.docx Page 786 of 1207 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-067 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: December 4, 2018 PROJECT: Country Trail PUD ANEX 19-001 / LUAR 19-001 REQUEST: Approve Country Trail PUD annexation, Future Land Use Map amendment from Palm Beach County's Medium Residential with a maximum density of 5 du/acre (MR-5) to Low Density Residential (LDR) with a maximum density 7.5 du/acre, and rezoning from Palm Beach County's AR, Agricultural Residential, to PUD, Planned Unit Development. PROJECT DESCRIPTION Property Owner/ Applicant: M2D Country Trail, LLC Agent: Christi Tuttle / Miller Land Planning, Inc. Location: 2600 County Lake Trail (Exhibit "A") Existing FLU/ Zoning: Medium Residential (MR-5), maximum density 5 du/ac / AR, Agricultural Residential - Palm Beach County Proposed FLU/ Zoning: Low Density Residential (LDR), maximum density 7.5 du/ac / Planned Unit Development (PUD); see Exhibits "B" and "C" Acreage: 5.17 acres Proposed Use: 26 Single-Family homes Page 787 of 1207 Page 2 Country Trail PUD ANEX 19-001 /LUAR 19-001 Adjacent Uses: North: Single-family home community (Cranbrook Lake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); South: Right-of-way for County Lake Trail, and single-family home community (Serrano at Country Lakes), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); East: Single-family home community (Cranbrook Lake Estates aka Silverlake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); West: Single-family homes of Village of Golf, classified Residential Medium Density and zoned Residential. BACKGROUND The subject 5.17 acre parcel is currently developed with one single-family home.The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty six (26) single-family homes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007- 018. Pursuant to these requirements, on October 8, 2018 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff reviewed the application and have not identified any inconsistencies with Chapter 171 (Exhibit""D".) REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and 2 Page 788 of 1207 Page 3 Country Trail PUD ANEX 19-001 /LUAR 19-001 zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject FLU reclassification and rezoning are requested in conjuction with a privately- initiated annexation, which requires concurrent applications for same. The proposed designations are consistent with FLU and zoning designations of surrounding areas. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan As noted above, the FLUM amendment and rezoning are requested in conjuction with annexation, which is encouraged by the Comprehensve Plan's Land Use Element's Objective 1.15, especially if it contributes to the elimination of an existing county pocket. Objective 1.15 The City will continue to expand through annexation of enclaves, pockets and other contiguous properties. The concurrent FLUM amendment and rezoning are required per Policy 1.15.3: Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. The proposed FLU and zoning match low density, single-family character of the surrounding areas, consistently with the intent of Policy 1.12.2. Policy 1.11.2 The City shall continue to maintain and improve the existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing programs. Consistency with Land Development Regulations (LDR) The application for the new site plan complies with the regulations and intent of the PUD zoning district. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create 3 Page 789 of 1207 Page 4 Country Trail PUD ANEX 19-001 /LUAR 19-001 an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLU and zoning district would match the FLU and zoning of the surrounding neighborhood and would support a single-family home development consistent with the area's established land use patterns. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning does not meet the listed above sustainability characteristics, but again,it is consistent with surrounding land use pattern. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. The Utilities Department has confirmed long-term capacity availability for potable water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impacts will be reviewed as part of the site plan. The School Capacity Avai/abi/ity Determination (SCAD) for PBC School District The proposed project was determined not to have negative impact on the public school system. f. Compatibility. The application shall consider the following factors to determine compatibility. 4 Page 790 of 1207 Page 5 Country Trail PUD ANEX 19-001 /LUAR 19-001 (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The response to the criterion 'T' is similar to the one provided in discussion of criteria "a," "b" and "c": the proposed FLU and zoning district would match the FLU and zoning of the surrounding areas and would support a single-family home development consistent with the area's established land use pattern. The zero-lot line configuration of homes in the proposed development matches that of the Serrano at Country Lakes community located immediately south of the subject parcel while the single-family homes north, east, and particularly west of the property feature larger lots. However, it is unlikely for the values of those properties to be negatively affected. As most housing units approved in Boynton Beach during the last five years have been multifamily rental dwellings, the addition to the single-family home supply—albeit small— would arguably benefit the City. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning will support a residential project, the main economic development benefit of this action will be the project's contribution to the City's tax base. In addition, a noted in response to the criterion 'T' above, increasing the single- family home supply would be of benefit to the City. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: 5 Page 791 of 1207 Page 6 Country Trail PUD ANEX 19-001 /LUAR 19-001 (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed residential FLU and zoning designations are the only appropriate choices for the property. The subject annexation offers no options to increase the supply for commercial land. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The FLUM and rezoning requests are being considered in conjunction with annexation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The application for the new site plan complies with the regulations and intent of the PUD zoning district. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed annexation, future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan, and the proposed annexation eliminates the PB County unincorporated pocket. Therefore, staff recommends approval of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\LUAR 19-001\LUAR 19-001 County Trail PUD Staff Report.docx 6 Page 792 of 1207 EXHIBIT A LOCATION MAP 4 ' e v �y i nr v ;7 r I�� t w, IIP. I � I �-- i1'l�IrN Jn 4 d{ O v` Palmland Dr - s LEGEND0 55 110 220 330 011011 City Boundary I mkw, 93 O N EXHIBIT B COUNTRY TRAIL PUD LUAR 19-001 : FLU AMENDMENT i{ { T L L SITE N { Proposed _ 7 " FLU: LDR r SW 23rd Cranbrook r -Z O u Palmland } Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre 0 45 90 180 270 PUBLIC &PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) 7E94 OiN EXHIBIT C COUNTRY TRAIL PUD LUAR 19-001 : REZONING a c t t! � t s t : 4 f - 4 I i C t t i i i s t T � t� a rt � t rt i i s z Uk anbrook t Cr SW 23rd ! t x Il z t t t t lima ,,,ys✓�. •m N 1 � 4 A - tilt r s i ,,,,� ,i ,'t, !1,1 „�,�, t r �i titi t r � 1 t 5 t s + s + £ 4 "n i tr„0 t„ Palmland Dr �_ ,- . f 3 Legend R3 Multi Family, 11 du/ac PUD Planned Unit Development 0 45 90 180 270 PU Public Usage 7E95 O N ,PiC$C rl �iOR19 Departxnent of Planning, November 8, 2018 Zoning&.Building 2300 North Jog Road West Palm Beach,FL 33411-2741 (561)233-5000 Ed Breeze Planning Division 233-5300 Planning and Zoning Administrator Zoning Division 233-5200 city of Boynton Beach Building Division 233-5100 Planning and Zoning Division Code Enforcement 233-5500 3301 Quantum Blvd Contractors Certification 233-5525 Boynton Beach, FL 33426 Administration Office 233-5005 Executive Office 233-5228 E: Proposed Annexation County Trail PUD, 2019-0 -001 www.pbcgov.com/pzb Dear Mr. Breeze: Thank you for providing the County advance notice and the opportunity to review Palm Beach county the annexation summarized below. Board of County Commissioners 7TTrail Description Melissa McKinlay,Mayor CounTPUDs. 5.77 Mack Bernard,Vice Mayor tion:West of s. Congress Ave., south of Golf Rd. 2019- eading: Not determined 2nd Reading: Not determined Hal R.Valeche Paulette Burdick The proposed annexation was processed through the County's Annexal® n Review Dave Kerner Process. County staff and service delivery agencies reviewed the proposed Steven L.Abrams annexation. After review, County staff has not identified any inconsistencies with Chapter 171, Florida Statutes. The property is located within an existing Mary Lou Berger unincorporated enclave; its annexation will eliminate the enclave. If you have questions or comments, please contact Patricia Behn, Deputy Planning Director, at 561-233-5332. County Administrator Sincerely, Verdenia C.Baker Lorenzo Aghe o Planning Director cc: The Honorable Steven L.Abrams, District 4 Commissioner Patricia Behn, Deputy Planning Director, PBC "An Equal Opportunity Patrick W.Rutter,Assistant County Administrator Affirmative Action Employer" Ramsay Bulkeley, Esq., Deputy Director, PZ&B Lori Hanna a MatraLaVerr as, City Manager, Boynton Beach Robert P.Banks,AICP,Chief Land Use County Attorney Senior Planner, Boynton Beach printed on sustainable t:lplanninglintergovernmentallannexations12019 fiscal yea rlletterslbb-county trail pud-nov2018.docx and recycled paper Page 796 of 1207 8.C. PUBLIC HEARING 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. Applicant: M2D Country Trail, LLC. (Applicant request postponement to March 19, 2019) EXPLANATION OF REQUEST: The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty-six(26) single-family detached dwelling units known as Country Trail PUD. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently (see respective staff reports). The applicant is proposing a total of 26 zero lot line homes, as permitted in a PUD zoning district. Zero lot line development on this site is consistent with the development pattern found in the neighboring PUD to the south. The "Typical Lot Detail" of the proposed project as shown on the site plan (A101) illustrates the placement of each model type (A-C)within the typical 45 foot by 115 foot lot. The project would also include an amenity area including a swimming pool and cabana. The development proposes single-family residences in contemporary architectural styles. There are three proposed models (A-C). Each model has two variations, one with a pitched roof and one with a flat roof, each variation also has slight differences in the color allocations. The homes would be two (2) stories tall. The Planning and Development Board heard the request on December 17, 2018 and forwards it without a recommendation for approval . HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 797 of 1207 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit ExhibitA: Location Map D Drawings Exhibit B: Plans D Drawings Exhibit C: Models D Conditions of Approval Exhibit D: Conditions of Approval D Development Order Development Order Page 798 of 1207 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-072 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zonin2 Administrator FROM: Amanda Bassiely, Principal Planner /k7 DATE: November 29, 2018 PROJECT: Country Trail PUD (NWSP 19-001) REQUEST: Approve Country Trail PUD New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. PROJECT DESCRIPTION Property Owner: M2D Country Trail, LLC Agent: Christi Tuttle, Miller Land Planning Location: 2600 County Lake Trail (Refer to Exhibit"A": Location Map) Existing Land Use: Medium Residential (MR-5) - Palm Beach County Existing Zoning: Agricultural Residential (AR) - Palm Beach County Proposed Land Use: Low Density Residential (LDR) Proposed Zoning: Planned Unit Development (PUD) Acreage: 5.17 acre Page 799 of 1207 Page 2 Country Trail PUD NWSP 19-001 Adjacent Uses: North: Single-family home community (Cranbrook Lake Estates aka Silverlake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); South: Right-of-way for County Lake Trail, and single-family home community (Serrano at Country Lakes), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); East: Single-family home community (Cranbrook Lake Estates aka Silverlake Estates), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); West: Single-family homes of Village of Golf, classified Residential Medium Density and zoned Residential. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 5.17 acre parcel is currently developed with one single-family home. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County designations in order to develop the property with twenty six (26) single- family detached (zero lot line) dwelling units known as Country Trail PUD. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently (see respective staff reports). ANALYSIS Concurrency: Traffic: A traffic statement prepared by JMD Engineering was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The traffic study stated that the proposed project would generate a total of 250 trips per day. The Palm Beach County Traffic Division has determined in a letter dated October 29, 2018 that the project will meet the Traffic Performance Standards of Palm Beach County. An updated approval letter will be required prior to permitting to revise the 2 Page 800 of 1207 Page 3 Country Trail PUD NWSP 19-001 request from 25 to 26 dwelling units (See Exhibit D — Conditions of Approval). School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists in area public schools to accommodate the projected resident population. An updated approval letter will be required prior to permitting to revise the request from 25 to 26 dwelling units (See Exhibit D —Conditions of Approval). Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The site plan (Sheet SP-1) shows that one point of ingress/egress is proposed. The two-way driveway is an extension of the private road, Country Lake Trail, which is accessed from Palmland Drive. Vehicular circulation would include one central two-way roadway with single-family lots on either side. The site plan also includes a hammerhead turn at the end of the roadway for vehicle turnaround. Sidewalks are provided on both sides of the extension of Country Lake Trail at four (4) feet in width. Parking: The site plan (Sheet SP-1) proposes 26 single-family homes, which requires 52 parking spaces, based upon the standard of one (2) parking space per unit. The site plan depicts 107 proposed parking spaces. Each unit has a two-car garage and a driveway for two additional cars. The pool/amenity area has three additional parking spaces, one of which is a handicap space. Landscaping: The Plant List(Sheet L2) indicates that the project would add a total of 203 trees to the property while retaining and relocating several canopy specimens. The plan depicts 34 canopy trees, 73 accent trees, and 96 palm trees. The applicant has chosen to retain the large Royal Palm Trees along the north side of the property and plant 16 foot tall, full-to-the-bottom and dense Fishtail Palm Trees along the north buffer, to provide an instant buffer against the residential properties to the north. The plan also shows 1,722 shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must 3 Page 801 of 1207 Page 4 Country Trail PUD NWSP 19-001 be identified as having "low or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Silver Green Buttonwood, Live Oak, Crepe Myrtles, and East Palatka Holly trees. Palm species would include Fishtail Palms and Triple Montgomery Palms. The site plan shows perimeter landscape buffers, 10-feet in width, are proposed along the, south, east, and west property lines, and 15-feet in width along the north property line. These buffers include a mix of Live Oak, East Palatka Holly, Silver Buttonwood, and shrub and groundcover plant material. Building and Site: The applicant is proposing a total of 26 zero lot line homes, as permitted in a PUD zoning district. Zero lot line development on this site is consistent with the development pattern found in the neighboring PUD to the south. In order to adequately buffer the PUD to the east, the project proposes a ten (10) foot wide landscape buffer, a 50 foot wide drainage / detention basin area, and an additional 15 foot setback, totaling in a 75 foot separation from the east property to any new residential structure. The single family lots on the west side of the property abut a roadway with a 12 foot tall hedge as a buffer, to the south is an establish buffer with a six (6) foot wall, and the proposed 16 foot tall Fishtail Palms form the buffer proposed along the north side. The PUD regulations require that setbacks within PUD's mirror those in abutting development to ensure adequate separation between buildings. As per the setbacks specified on the PUD Master Plan for Aspen Glen, the building setbacks proposed are as follows: front — 25 feet; rear — 15 feet; non-zero lot line side— 10 feet; and zero-lot line side —zero (0) feet. The "Typical Lot Detail" of the proposed project as shown on the site plan (A101) illustrates the placement of each model type (A-C)within the typical 45 foot by 115 foot lot. The houses would be setback at least 25 feet from the front property line. A portion of this front setback would consist of a 10- foot wide utility easement. The detail also shows that the zero-lot line homes would be setback 10 feet from the side lot line and 15 feet from the rear lot line. The elevations show that the mean height of the two (2) story homes would be 26 feet, as measured from the midpoint of the roof or the deck of a flat roof. The development will comply with the maximum height of 30 feet for all single-family residential zoning districts. Design: The development proposes single-family residences in contemporary architectural styles. There are three proposed models (A-C). Each model has two variations, one with a pitched roof and one with a flat roof, each variation also has slight differences in the color allocations. The homes would be two (2) stories tall. The pitched roof variation of each of the three models would have a metal-seem roof. The elevations show that the 4 Page 802 of 1207 Page 5 Country Trail PUD NWSP 19-001 exterior finish of the walls would be textured stucco. The applicant is proposing a variety of neutral colors schemes which are compatible with the proposed architecture and surrounding developments. Models (A-C) with similar house style types, each with four (4) bedrooms and a 2-car garage. Model A has four (4) and one-half bathrooms, model B has four (4) bathrooms, and model C has three (3) and one-half bathrooms. The air-conditioned living area each home would range from 3,646 square feet to 2,650 square feet. Staff has no objections to the proposed building colors, architectural styles, or roof types Amenities: As noted above, the site plan depicts the inclusion of an amenity area including a pool and cabana. Signage: One monument sign is proposed at the entry of the development. Greater detail will be submitted to staff for review. RECOMMENDATION Staff has reviewed this request for a New Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\NWSP\StaffReport\NWSP 19-001 CountryTrailPUDStaffReport.docx 5 Page 803 of 1207 EXHIBIT A LOCATION MAP 4 ' e v �y i nr v ;7 r I�� t w, IIP. 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EXHIBIT D Conditions of Approval Project Name: Country Trail PUD File number: NWSP 19-001 Reference: 31d review plans identified as a Maior Site Plan Modification with a November 27, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. A swale acceptable to the City Engineer is required on the outside of the proposed perimeter berm(s) to capture the runoff X and prevent it from flowing off-site. 2. Since there is no outfall, this site must demonstrate that the top of the perimeter berm is at the 100 year/ 3 day storm stage. X 3. If the site imports stormwater runoff in the predevelopment condition, it will be required to accommodate this runoff in the post development condition; additional off-site topographic X survey information will be required. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 4. Park impact fees are due at time of permitting. X PLANNING AND ZONING Page 817 of 1207 Country Trail PUD (NWSP 19-001) Conditions of Approval Page 2of3 DEPARTMENTS INCLUDE REJECT Comments: 5. Prior to permitting, label all building elevations with selected X colors and materials. 6. Provide homeowner documents which indicate: • Individual homeowners may not remove any of the approved landscape buffer material. X • Landscape and lawn area will be maintained by HOA • Homeowner's fences along the west are allowed to bisect the buffer and connect to the wall/fence. 7. Prior to permitting, provide selected paint schemes for the homes X and associated manufacturer paint samples. 8. Prior to permitting revise Landscape Sheet L-2 to simply depict new plant material, relocated trees in their designated relocation spot and those trees to remain in place. X 9. Move the site address to be centered at the top of the monument X signs 10. Additional needed comments regarding proposed signage will be X rendered at time of permitting. 11. Prior to permitting update and correct parking calculations on the X site plan. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 12. Revise landscape plans to include additional Sweet Almond X plants. Page 818 of 1207 Country Trail PUD (NWSP 19-001) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. --------------------------------- --------------------------------- --------------------------------- S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\NWSP 19-001\Staff Report\ExhibitD_NWSP19-001 COA-PD.doc Page 819 of 1207 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Country Trail PUD (NWSP 19-009) APPLICANT: M2D Country Trail, LLC APPLICANT'S ADDRESS: 755 NW 17th Avenue, Suite 107 Delray Beach, FL 33445 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2019 APPROVAL SOUGHT: Request for approval of Country Trail PUD's New Site Plan to construct a new development with 26 two-story single-family residences and associated site improvements on a 5.17 acre site. LOCATION OF PROPERTY: 2600 County Lake Trail, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Country Trail PUD\NWSP\StaffReport\NWSP19-009_DO.doc Page 820 of 1207 9.A. CITY MANAGER'S REPORT 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Discuss sending a City Commission representative to PBC Days on March 5-6, 2019 and authorize travel accordingly. Additionally, the PBC Legislative Action Days will be held March 26-27 in Tallahassee. The Commission may want to consider attending this event as well. EXPLANATION OF REQUEST: The City has submitted two project requests for legislative appropriations. Our legislative session begins March 5, 2019. Palm Beach County Days has been scheduled for March 5-6. Past years, City Commissioners have attended PBC Days to have the opportunity to discuss our appropriation requests with our legislators. They also discuss pending legislation that may impact the City. Staff is working on the 2019 legislative agenda now and should have it on the February 19th agenda for the Commission's review and approval. Staff is recommending the City Commission authorize an elected official(s) to attend one or both of these events. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Based on bills that have been submitted in the legislature to date, there are many that will potentially have a negative impact on the City. It is very important to communicate our positions on pending legislation. FISCAL IMPACT: Estimated travel expense per person is $750-$1000. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 821 of 1207 Page 822 of 1207 9.B. CITY MANAGER'S REPORT 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Consider disposition of the following city owned land: 1. Vacant Land (SW 1st Ct) (Adjacent to Leisureville) (PCN #08-43-45-29-00-000-1040) EXPLANATION OF REQUEST: The City has received a letter of intent on the following City owned property: Parcel I D: #08-43-45-29-00-000-1040 Location: West of SW 1st Ct and east of Leisureville Size: 3.62 Acres Building Size: Vacant PBC Assessed Value: $271,500 Offer by: J.D. Winston, LLC Offer Amount: $350,000 Appraised Value per Vance Real Estate: $788,000 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Staff has reviewed the offer and has identified the following two options for the Commission's consideration: 1)Accept the purchase offer, or 2) Hire a real estate broker/firm to market and sell the property HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact to City programs or services. FISCAL IMPACT: Budgeted The City spends approximately $5,000 per year to maintain the property. Proceeds would be deposited into the City's Capital Improvement Program Fund (302). Page 823 of 1207 ALTERNATIVES: See two options above. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Exhibit Exhibit 1A Property Information - Vacant Land SW 1st Ct D Exhibit Exhibit 1 B Aerial Photo- Vacant Land SW 1st Ct D Exhibit Exhibit 1C LOI/Offer - Vacant Land SW 1st Ct D Exhibit Exhibit 1 D Appraisal by Vance Real Estate- Vacant Land SW 1st Ct Page 824 of 1207 Page 1 of 1 Property Detail Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1315 Sale Date NOV-1 990 Legal Description 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT OF NLY 1 252.1 2 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 Owner Information Mailing address Owners BOYNTON BEACH CITY OF PO BOX 310 BOYNTON BEACH FL 33425 0310 Sales Information Sales Date Price OR Book/Page Sale Type Owner NOV-1990 $100 06652 / 01315 WARRANTY DEED Exemption Information Applicant/Owner Year Detail BOYNTON BEACH CITY OF 2019 FULL: MUNICIPAL GOVERNMENT Property Information Number of Units 0 *Total Square Feet 0 Acres 3.62 Use Code 8900- MUNICIPAL Zoning RIA- Single Family( 08-BOYNTON BEACH ) Appraisals Tax Year 2018 2017 2016 Improvement Value $0 $0 $0' Land Value $271,500 $271,500 $271,500' Total Market Value $271,500 $271,500 $271,500' All values are as of January I st each year Assessed and Taxable Values Tax Year 2018 2017 2016 Assessed Value $271,500 $271,500 $271,500 Exemption Amount $271,500 $271,500 $271,500 Taxable Value $0 $0 $0' Taxes Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0' Non Ad Valorem $0 $0 $0 Total tax $0 $0 $0' Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 825 of 1207 https://www.pbcgov.com/papa/Asps/PropertyDetail/PrinterfriendlyPropertyPr... 1/7/2019 08-43-45-29-00-000-1040 rl I , , 'h c Je R k � � I k f � k} 5 t A'th,Pk i Sy Y Y, fi } ti C { a k. k# k r t a , S9 , r M 3rd i F � Mrd V January 7, 2019 1:2,257 0 0.0175 0.035 0.07 mi Pane- RW6 of 1207 0 0.03 0.06 0.12 km Frank J. Braider III J.D. Winston,LLC 601 Heritage Dr., Suite 150 Jupiter, FL 33458 0: 561.623.2355 C: 561.358.7687 F: 866 676 4394 E: FBraider(&,ID Winston.com City of Boynton Beach Care Of Lauri Laverriere, City Manager And Colin Groff,Assistant City Manager 3301 Quantum Blvd. Boynton Beach, FL 33426 November 21, 2018 Dear Ms. Laverriere, J.D. Winston is pleased to offer the following from which to base and draft a Purchase and Sale Agreement to purchase +/- 3.62 acres of whose legal description is 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 FT(LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 and whose Parcel Control Number is 08-43-45-29-00-000-1040 and whose Total Market and Taxable Value is $271,500. PURCHASER: J.D.Winston, LLC and/or Single Related Assigns SELLER: City of Boynton Beach PURCHASE PRICE: $350,000 (Three Hundred Fifty Thousand) Cash at Closing ESCROW DEPOSIT: $5,000 cash within 3 business days from date the contract is fully executed and an additional $5,000 at the termination of the Feasibility Period for a total of $10,000. The total deposit will be non-refundable after the Feasibility Period, except for Seller default or Title deficiencies. The deposit shall be credited toward the purchase price at closing. FEASIBILITY PERIOD: 180 days from the date of execution of Purchase and Sale Agreement during which,Buyer,at his sole discretion,may terminate this contract and receive a full refund of all deposits. Buyer may extend the feasibility period for an additional $10,000 deposit applicable toward the purchase price for an additional 180 days. CLOSING: To occur within 30 days from the date the Buyer has obtained all approvals, entitlements and permits necessary to develop the property to buyer's intended use as a Single Family Home Development Site consisting of 14 Single Family Home Lots. Page 827 of 1207 SELLER DELIVERIES: Within 3 business days from the Execution Date, Seller shall deliver to Buyer all information in Seller's possession or control relating to the Property,including,but not limited to,any environmental studies,surveys, leases, appraisals, existing permits,title evidence and PUD documents. SELLER REPRESENTATIONS: Seller shall make the customary representations and warranties regarding (a) its proper authority to contract to sell and close the Property; (b) the absence, to its best knowledge, of environmental, subsoil, endangered species, historical preservation, etc. problems; and (c) clear title to the property This letter is intended only as a good faith expression of the parties hereto to attempt to negotiate contract based upon the general terms set forth herein and this letter shall not constitute a binding agreement. Specifically,the parties hereto reserve the right to negotiate further concerning changes to details contained in this letter. By signing below, however, each party agrees to use good faith efforts in attempting to negotiate a binding Purchase and Sale Agreement based upon the general terms of this Agreement. If this letter accurately sets forth our mutual agreement, please so indicate by signing in the space below and returning one fully executed original copy to the Purchase. Thereafter, instructions will be given to our legal counsel to prepare the binding Purchase and Sale Agreement. This Letter is not for dissemination. Yours Sincerely, Frank J. Braider III BUYER: J.D.WINSTON,LLC Date Frank J. Braider III Managing Member SELLER: CITY OF BOYNTON BEACH BY: Date NAME: TITLE: BY: Date NAME: TITLE: BY: Date NAME: TITLE: Page 828 of 1207 APPRAISAL REPORT VACANT LAND,3.62 ACRES 100 SOUTHWEST 9 STREET BOYNTON BEACH,FLORIDA 33426 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for The City of Boynton Beach Attention: Mr. Andrew Mack Director of Public Works & Engineering 222 Northeast 9 Avenue Boynton Beach, FL 33435 January 1, 2019 Page 829 of 1207 Vance Real Estate Service sf, January 1, 2019 The City of Boynton Beach ` �`��`'�' Attention: Mr. Andrew Mack, Director of Public Works &Engineering ,`�srtf, 222 Northeast 9 Avenue Boynton Beach, FL 33435 i RE: Vacant land 3.62 acres, 100 Southwest 9 Street, Boynton Beach, FL 33426 (Legal description is in the report) Dear Mr. Mack: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of January 1, 2019. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to the City of Boynton Beach, Florida. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2018-2019). This report is for possible disposition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. SEVEN HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS $788,000 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT KITH SIXTY-SIX(66)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 "MBA"REAL ESTATE MANAGEMENT AND DEVELOPMENT 7481 Northwest 4`h Street,Plantation,FL 33317-2204 954/583-2116 -- Page 830 of 1207 TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 P otograp s o the Subject Property 5 Aerial photos of the Subject Property 6 1-3-5 Mile Location Map 8 1-3-5 Mile Summary of Demographic Statistics 9 Summary of Important Facts and Conclusions 11 DESCRIPTIONS ANALYSES & CONCLUSIONS 12 I entity ot Client and Intended User 13 Intended Use 13 Identification of Real Estate Appraised 13 Ownership 13 Property Address and Legal Description 13 Real Estate Tax Analysis 14 Market Area Description 14 Land Use & Zoning 18 Site Description 18 Real Property Interest Appraised 19 Appraisal Purpose and Definition of Market Value 20 Effective Dates of the Appraisal and Report 21 Scope of the Work 21 Summary of Information Considered 21 Property History 22 Highest and Best Use 22 SALES COMPARISON APPROACH- LAND VALUE 25 Land Sales es Location Map 27 Land Sales Documentation 28 Land Sales Comparison & Adjustment Chart 36 Valuation by Sales Comparison 37 FINAL VALUE OPINION 40 Certification and Limiting Conditions 42 ADDENDA 44 Acquiring deed 45 Residential Zoning Ordinances 47 USPAP Standards Rule 2-2a 55 Qualifications of the Appraisers 57 Page 831 of 1207 INTRODUCTION 4 Page 832 of 1207 , .r ; if N51$lt Six t sv rA�r"� ,� �: t ��4 fl`>-ri(`1}ri•3r'� LF +` t ,4 �ys N} sf b14 v$ #J� r'{tl t slivktiv's.'{�yk'.<r 4`rtt WON,,"I� � tir s t t `k y};}xr t \ fl1 i` t1\ UU- l ;ir t l Jst l s t S t�k t 9N5r kYl#r4 sl/ d'it s s#'`£ A� r}F51W }A gUsati i, tt }+T 1ir�( F zN`§P�i,Y". v 7 y i i th,)X n J{i , a tl, l,.��,N�Uid-. l � � r t� �" r '"sF Z �• r ' tyt�'ni�i u. J r.v.�rsb fi,1r•A?ia4}rvuf�� r^c> ` �3¢'rzse. �k}��si ;~�"� �+. n�� r�,r t ttrf`s t. dt.� ��rt y�aili ��S ;.� ° Fer a:: - - ` r e v vv s. Nvr w nP i , a ,tt �fk�'.-,Urii��N$�'�`,',G44i a1G�',)�"�� i`k��~•lYN^'��'.iU� ��,/��`�r'^"G�?��`..",�.,�"wa��4�4,A.w.�s`ai`u ,y�rhR hit::e� �{{�`re� �`I`k �" ify.#�. `t as Looking NW @ Valued Land 90 4 c f i igl f��H 1M1 l t r s i i t x f ,j t fr' v s Cx -E st '' � Jai s><:F to s t i t '•'>ti iC}it#+tn x - rt tM2 �x z ust # skzf' _ r ~i Xr ,v �r t` a i `s J srY x r ,!syt�gi - y u �f�*�: '��' a .dimer ` 'w�'@'`-�is;. c sa Fv�i(--„'d��`„Sf ad�t ' '. >W1 ,✓` f A j S Looking SW @ Valued Land NW 91”Street Vacant Acreage Boynton Beach,Florida 5 Page 833 of 1207 y a I` sw tstct i I �•:. z— gp i [ F A a m ' � R 1 AERIAL VIE OF THE APPRAISED LAND 100 SOUTHWEST 9 STREET BOYNTON BEACH, FL 6 Page 834 of 1207 N_ tae L r z 71 t i a W S y5�W9MN�; BWififtti,5l u ,?� ,�Y�nMs iS i aa„ _ N s. G _ w 0 0 e H LO Z�i -,15tP1 MN..�. 1Sa411 MS _v_�.�� i cye B d co ! (1) MRramCui$ �5 i— R S �,�+t�15 y18 MN �iS g9.M5� FYy ff a M, r VIEW ST ,a w po imm g 1`3i y � q*®' ]ul 7K1N M CA r- IR 41x 1 � VJ*1 Atha Q I III Ms -� O 14 A is 4asi:Ms w Rtc r O2' { ',V r h P rh ?� ` Part Springs t Greet18cCes 1[€ { w Lake 11011,Aue N {{ Y Wmrtka i m !w. � �R� z $02 u 1 ` LskAua e. £ Melaleuci LnZ- p=. ,`� OtlrAv�r r �{ Lala i ([p rlh v 'If rte AkhnLis g '4uIII, , k } i( antana Rd 9 11 Lan$,il,a Rd vgwl I ,_.. ins'r Rd a`0/. � r w Did Boynton R S4 C.q,ayntnn`9.aazh d -,..:"iM1i'� Frt¢ -ea�': -011'EP:, ,,, ..::1�C1jFC3'�4FY Beach Ip I 1; 9 0tl.3ll RI&jC I IY Q 1 1 Y e yy �'nurrtly�t,lul�� SIY23 .a u, k i u Ir r& Uk i ,' m rn = v4T `4 4I i a u Latae lda Rd' .�Y t 1)@f Be h',o 'WAda licAmv �I I Kings Pointd� Lowson @tvd-- VV 10th St� 4[ M=691 ne ,,.... € Linton Blvd at C otiurtayClub 1 ` C?Liun Beach `� fl CounIVClula ,pe — � ofr .}„ -' Boca RaInn ly 11,'lub: n 1-3-5 MILE RADII FROM THE VALUED PROPERTY 100 SW 9 Street Boynton Beach, Florida a Page 836 of 1207 • Gesn" VANCE REAL ESTATE SERVICE 100 SW 9th St, Boynton Beach, Florida, 33426 Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 13,884 84,617 183,013 2010 Population 14,636 93,684 209,664 2018 Population 15,284 102,171 228,229 2023 Population 15,875 108,443 241,464 2000-2010 Annual Rate 0.53% 1.02% 1.37% 2010-2018 Annual Rate 0.53% 1.06% 1.03% 2018-2023 Annual Rate 0.76% 1.20% 1.13% 2018 Male Population 46.2% 47.2% 47.3% 2018 Female Population 53.8% 52.8% 52.7% 2018 Median Age 44.9 47.7 48.9 In the identified area, the current year population is 228,229. In 2010, the Census count in the area was 209,664. The rate of change since 2010 was 1.03% annually.The five-year projection for the population in the area is 241,464 representing a change of 1.13% annually from 2018 to 2023. Currently, the population is 47.3% male and 52.7%female. Median Age The median age in this area is 44.9, compared to U.S. median age of 38.3. Race and!Ethnicity 2018 White Alone 52.8% 64.5% 66.4% 2018 Black Alone 39.9% 27.4% 25.1% 2018 American Indian/Alaska Native Alone 0.2% 0.3% 0.2% 2018 Asian Alone 1.2% 2.1% 2.3% 2018 Pacific Islander Alone 0.0% 0.0% 0.0% 2018 Other Race 3.4% 3.2% 3.4% 2018 Two or More Races 2.5% 2.5% 2.4% 2018 Hispanic Origin (Any Race) 14.5% 15.8% 15.9% Persons of Hispanic origin represent 15.9% of the population in the identified area compared to 18.3% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 63.0 in the identified area, compared to 64.3 for the U.S. as a whole. Households 2000 Households 6,084 38,359 80,396 2010 Households 6,058 41,728 91,622 2018 Total Households 6,246 45,313 99,003 2023 Total Households 6,479 48,060 104,586 2000-2010 Annual Rate -0.04% 0.85% 1.32% 2010-2018 Annual Rate 0.37% 1.00% 0.94% 2018-2023 Annual Rate 0.74% 1.18% 1.10% 2018 Average Household Size 2.40 2.23 2.29 The household count in this area has changed from 91,622 in 2010 to 99,003 in the current year, a change of 0.94% annually. The five-year projection of households is 104,586, a change of 1.10% annually from the current year total. Average household size is currently 2.29, compared to 2.27 in the year 2010.The number of families in the current year is 58,215 in the specified area. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. January 03, 2019 9 Page 837 of 1207 • Gesn" VANCE REAL ESTATE SERVICE 100 SW 9th St, Boynton Beach, Florida, 33426 Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2018 Median Household Income $47,147 $51,110 $54,017 2023 Median Household Income $52,953 $57,664 $61,942 2018-2023 Annual Rate 2.35% 2.44% 2.78% Average Household Income 2018 Average Household Income $59,997 $73,196 $78,619 2023 Average Household Income $70,048 $86,390 $92,977 2018-2023 Annual Rate 3.15% 3.37% 3.41% Per Capita Income 2018 Per Capita Income $25,511 $32,932 $34,351 2023 Per Capita Income $29,563 $38,725 $40,482 2018-2023 Annual Rate 2.99% 3.29% 3.34% Households by Income Current median household income is$54,017 in the area, compared to $58,100 for all U.S. households. Median household income is projected to be $61,942 in five years, compared to $65,727 for all U.S. households Current average household income is$78,619 in this area, compared to $83,694 for all U.S. households. Average household income is projected to be $92,977 in five years, compared to $96,109 for all U.S. households Current per capita income is $34,351 in the area, compared to the U.S. per capita income of$31,950. The per capita income is projected to be $40,482 in five years, compared to $36,530 for all U.S. households Housing 2000 Total Housing Units 6,715 46,271 94,540 2000 Owner Occupied Housing Units 4,321 29,000 62,705 2000 Renter Occupied Housing Units 1,763 9,359 17,691 2000 Vacant Housing Units 631 7,912 14,144 2010 Total Housing Units 7,174 52,814 112,207 2010 Owner Occupied Housing Units 3,903 28,874 67,313 2010 Renter Occupied Housing Units 2,155 12,854 24,309 2010 Vacant Housing Units 1,116 11,086 20,585 2018 Total Housing Units 7,305 56,298 119,397 2018 Owner Occupied Housing Units 3,705 28,944 67,514 2018 Renter Occupied Housing Units 2,541 16,370 31,489 2018 Vacant Housing Units 1,059 10,985 20,394 2023 Total Housing Units 7,574 59,211 125,488 2023 Owner Occupied Housing Units 3,942 31,174 72,364 2023 Renter Occupied Housing Units 2,537 16,886 32,222 2023 Vacant Housing Units 1,095 11,151 20,902 Currently, 56.5% of the 119,397 housing units in the area are owner occupied; 26.4%, renter occupied; and 17.1% are vacant. Currently, in the U.S., 56.0% of the housing units in the area are owner occupied; 32.8% are renter occupied; and 11.2% are vacant. In 2010, there were 112,207 housing units in the area - 60.0% owner occupied, 21.7% renter occupied, and 18.3% vacant. The annual rate of change in housing units since 2010 is 2.80%. Median home value in the area is$226,741, compared to a median home value of$218,492 for the U.S. In five years, median value is projected to change by 2.49% annually to$256,369. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. January 03, 2019 10 Page 838 of 1207 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land, 3.62 acres 100 Southwest 9 Street Boynton Beach, FL 33426 OWNERSHIP: City of Boynton Beach P0Box 310 Boynton Beach, FL 33425 LAND AREA: 157,687 square feet or 3.62 acres Note: dimension and size are from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: None ZONING: "R-IAA", Single family residential district, minimum lot size of 8,000 square feet, in the city of Boynton Beach LAND USE: Low Density Residential, 7.5 dwelling unit/acre APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant HIGHEST AND BEST USE: Approximately 14 single occupant residences VALUE BY THE SALES COMPARISON APPROACH: 157,687 square feet x$5.00 per square foot= (rounded to) SEVEN HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS 788 000 VALUATION DATE: January 1, 2019 Exposure Time: 6—9 months prior to selling at the appraised value 11 Page 839 of 1207 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2018 - 2019) 2-2(a)(i) State the identity of the client and any intended users, by name or type; The client and intended user of this report is the City of Boynton Beach, Florida. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible disposition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: City of Boynton Beach, FL P0Box 310 Boynton Beach, FL 33425 Property Address: 100 Southwest 9 Street Boynton Beach, FL 33426 Legal Description: A portion of Section 29, Township 45 South, Range 43 East, Palm Beach County, FL (Complete description on the acquiring deed in the Addenda.) Census Tract No. 60.10 13 Page 841 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 29 00 000 1040 Land Value: $271,500 Improvement Value: - 0 - Total 0 - Total Value: $271,500 Assessed Value: $271,500 Tax: $ -0- The property is owned by a municipality; it is not assessed for taxation. Since there are no taxes forthcoming from a property such as this, the value on the property by the county appraiser may not be representative of current market value. Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain in the eastern part of the city. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway (FEC) from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Now the railroad is primarily used for freight transportation. The new Brightline rapid passenger service was constructed in the FEC corridor; however, there is only one depot in Palm Beach County in West Palm Beach. 14 Page 842 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Boynton Beach grew from east to west and south to north, aided by the extension of major roads. The main land use in Boynton Beach is residential, starting in the east with older single family dwellings, then moving to planned communities west of Interstate 95, to custom homes around golf courses in the west. The central-eastern part of the is a Community Redevelopment Area, with revitalization taking place, making it a vibrant life-style center. Changes in zoning and land use are instrumental in this urban renewal. In the western part of the city, new residential projects are being constructed on in-fill sites of various sizes. The subject market area is the central part of the city, west of Interstate 95, with the boundaries of West Boynton Beach Boulevard on the north, Interstate 95 on the east, Congress Avenue on the west and Golf Road/ SW 23 Avenue on the south. Woolbright Road is a principal arterial extending east-west through the market area. This road, along with Boynton Beach Boulevard, has an interchange with Interstate 95. This subject market area is dominated by Palm Beach Leisureville, covering about 1.5 square miles. Leisureville is an early planned community of small, single family residences, with recreational facilities and exterior property maintenance. Residents are at least 55 years old, able to lead a quiet existence and participate in sports, if so desired. Other land uses in the subject market area are single occupant residences, light industrial close to Interstate 95, commercial near the major intersections, and several large apartment complexes near the Woolbright Road interchange. Properties are well maintained. There is very little vacant land in the subject market area, with the appraised parcel being one of the few in-fill tracts. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2018 in the one-mile radius is $47,147, for three miles it is $51,110, and $54,017 for the five mile circle. 15 Page 843 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The median household income for Palm Beach County is $54,400, and the east part of the circles include the residents all the way to the Atlantic Ocean. In the one-mile circle, population is 15,284. In three miles, population increases to 102,171; at five miles, it is 228,229. However, about one-fourth of the five mile circle is over the Atlantic Ocean. Annual growth rate is anticipated to be 0.76% to 1.20% in the three circles during the next five years as the economy and job market improves in South Florida and new multi-family residential complexes are constructed. 57% of the housing units are owner occupied, which about average for Palm Beach County. 26% are rented, leaving a vacancy of 17% which is probably higher than actual due to an undercount of the other two categories. Median home value in the five-mile area is $226,741 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of$218,492 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses. As mentioned, there is very little vacant land for any type of construction. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with the crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to present, sales activity and prices recuperated. The upswing in prices is due in part to scarcity of developable land, especially in the eastern part of the county. Properties in primary locations are back to pre-crash prices; other properties are approaching that level. 16 Page 844 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) As discussed, revitalization is taking place east, mostly along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. Town Square, a major redevelopment project, will take place in three sections extending from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which will be demolished and removed. The project consists of the following: • North parcel —225 residential units, 120 hotel rooms, 65,000 square feet of office/retail space and 927 space parking garage • Middle parcel—200 residential units, 18,887 square feet of retail space • South parcel — 280 residential units, 820 space parking garage, 4,000 public space Included in the project are spaces for a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The first phase of the project is underway. There are several residential projects taking place in the western part of the city. The Boynton Beach Mall might be redeveloped under a new zoning district to be changed into a mixed use project of residential, hospitality, entertainment and office. 17 Page 845 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Conclusion The subject market area is in the central part of Boynton Beach and easily accessible via major surface roads and Interstate 95. Only a small amount of vacant land remains. Scarcity has a positive effect on property prices. Boynton Beach possesses the elements for a pleasant place to live, and a city government friendly to development. This combination will continue to draw residents and businesses to the municipality. Land Use: Low Density Residential, maximum density 7.5 dwelling units per acre. Zoning: "R-IAA", Single Family Residential District. Minimum lot size is 8,000 square feet; minimum lot frontage is 75 feet. Zoning code excerpt is in the Addenda. Platting: The appraised land is not platted. Site Description: The shape of the site is an "L," with the longer leg extending north-south and the short one facing east. Approximate size is from the Palm Beach County tax roll, listing it at 3.62 acres or 157,687 square feet. Utilities: All utilities are available in the immediate area of the appraised land. Ground cover: The site is clear with only a few bushes. 18 Page 846 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Elevation: The elevation of the parcel appears to be about two feet below street grade. No topographic information was available. Access: SW I" Avenue and SW lst Court terminate on the east border of the land concerned. There are platted or paved internal roads on the site. Easements: There are probably no easements on the site because it is not platted. Improvement Description: There are no structural improvements on the land in question. Environmental Assessment: No assessment was available for review. 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 19 Page 847 of 1207 APPRAISAL REPORT (continued) 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of January 1, 2019. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship,knowledge, and inotivation of the parties(i.e.,seller and buyer); 2. the terns of sale(e.g.,cash,cash equivalent,or other terns);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Liyht Co., v. denninss, 518 So.2d 895 (Fla. 1987)] 20 Page 848 of 1207 APPRAISAL REPORT (continued) 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: January 1, 2019 B) Date of the Report: January 1, 2019 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach-Land Valuation, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinion, and conclusion is explained in that section. Cost Approach is not used because there are no improvements on the site. The Income Approach is not employed in this appraisal because most land is typically purchased for immediate use, not for lease. Sales Comparison Approach is the best method to value vacant land. Exclusion of the Cost Approach and Income Approach still produce a creditable report. 21 Page 849 of 1207 APPRAISAL REPORT (continued) SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the appraised property as of the effective date of the appraisal. There is an offer to purchase the property for $350,000, cash at closing. The offered price is significantly lower than the appraised market value of$788,000 as developed and supported in this appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There were no sales of the property in the past three years. The land was deeded to the City of Boynton Beach in November, 1990. A copy of the deed is in the Addenda. 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the surrounding land is improved with single family residences. The land is cleared and filled to about two feet below street grade; however, the type of fill is not known. Drainage of the site is also unknown. Land size is 157,687 square feet; the shape is an "L." All utilities are available in the vicinity of the property in question. 22 Page 850 of 1207 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT The site is accessible via SW I" Street and SW I" Court; although, there are not internal roads through the parcel. Physical constraint to develop the site is its size which governs the number of potential improvements which can be placed on it. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is low density residential, 7.5 units per acre. Zoning is "R-IAA", Single Family Residential District in the City of Boynton Beach. Maximum density is 5.5 units per acre. Minimum lot size is 8,000 square feet. The land is not platted or subdivided into lots. There does not appear to be any changes to zoning or land use in the near future. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. To the east of the appraised land are individually owned single family residences. To the west is Leisureville. The appraised land and the parcels abutting to the north appear to be a buffer between the two types of residences. With the scarcity of land, the subject is of interest to a developer. The offer to purchase the land concerned stated the intended use of the site is for 14 single family home lots. No plan was available to review the lots sizes or subdivision lay-out. Such a plan would be in keeping with the adjacent residential developments. The developer would be responsible for filling the site to buildable grade and installing the infrastructure to support the homes of roads, utilities, drainage, et cetera. The neighborhood to the east has few sales, but those which have sold recently had prices in the range of $200,000 to $350,000. They provide evidence that there is a market for single family residential properties in the subject market area. There are additional sales in the surrounding neighborhoods. 23 Page 851 of 1207 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially feasible use of the land appraised is to improve it with as many single family residences as can be placed on the site, while complying with the zoning regulations. The entity offering to buy the property suggested 14 residences. The most probably buyer for the site is a local developer such as the one making the offer. The time for development is now with no other projects under construction close by. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property is to improve it with as many single family residences as can legally be placed on the site. Such use would be physically possible, legally permissible, financially feasible and maximally productive. 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT 24 Page 852 of 1207 SALES COMPARISON APPROACH LAND VALUATION 26 Page 854 of 1207 1 1 J�� - � t 1L l L� j � LL I [p SUBJECT & SALE LOCATION AP �I . f'� W.. I 3CA 11TJ4 John.P�}nce fd�marial $g ; f 1 Park Kc th Wes"`[".Par"k' r " ,,y v QScor _ 812 ,,; Z WLANTA NAI RD �' � . EMU �� z'"�'__ _`� —�- � "m° " 4V LANTANA RQ qua AV � 1 r41 � R S LE r �• � 7�,�i� 1 B {'g � @8 r B — —. � -N m SA Oil m ,a io SgSg75 ji'l 6 �?: �pp�� Y �' �?'. f�•"' �� wee.. p �g��,:4 �a"^,ks a;a. o � �.,. L, ¢ .�, xe) P,' `x �,7,. 7 a"^ 4 g1p. H Hit- -Y �� ...E 11 XML 1Es iE: T `�y a @` W 894 �'—�'`�, E OCEAN R�VE1 .m .. { f ,� af, ..� BaYnto B fi�4 ..._.,. - E OCEAN C3R 'C v, ItI pg y �;�I t ... ,J W6ALBRIGH- ko—."='" E4VooLBRIGHT Rf71 Data use subject to license. {n� ©DeLorme.DeLorme Street Atlas USAF 2l7[}9. © la �z a/a 'I 'I°/a www—delorme.com MN(6-7°W) Data Zoom 12-0 27 Page 855 of 1207 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED O. R. Book 28395,Page 1115 GRANTOR Andrea Lopiccolo et al GRANTEE Miller Property Investments LLC DATE OF SALE June 16,2016 LOCATION 4280 Hypoluxo Road Unincorporated Palm Beach County,FL ZONING "AR",Agriculture(holding category) PLATTED No GROUND COVER Trees ELEVATION Lower than street grade INTERNAL ROAD No SALE PRICE $870,000 LAND SIZE 216,480 square feet UNITS OF COMPARISON $4.00 per square foot PARCEL CONTROL NUMBER 00 42 45 12 02 004 0030, 0040 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Donald J. Van Harken,listing agent COMMENTS Long, narrow site with the potential of being improved with 25 single occupant residences (5 dwelling units per acre) 28 Page 856 of 1207 autht �.S2�etr �t �sa? w,`uti�Sa�,SS 1K{Luts wl`s:r or Parcel wt Hypaluxa Rs1 H oluxo Rd K 6r;,m;' �, .�� yp '+¢F�� ti � w m Y � r ' t I � f5 }t a: t 67 ILI- 1 Colony Glue Sar � Y„ WME E LAND SAL 1 4280 HYPOLUXO ROAD UNINCORPORATED PALM BEACH COUNTY, FL 29 Page 857 of 1207 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED O. R. Book 30260,Page 1080 GRANTOR TLH-38Purdy,LLC GRANTEE D. R. Horton,Inc. DATE OF SALE November 19,2018 LOCATION 5340 Purdy Lane&2311 Westwood Road Unincorporated Palm Beach County,FL ZONING "PUD",Planned Unit Development PLATTED No GROUND COVER Trees ELEVATION Lower than street grade INTERNAL ROAD No SALE PRICE $2,854,000 LAND SIZE 563,624 square feet UNITS OF COMPARISON $5.06 per square foot PARCEL CONTROL NUMBER 00 42 44 14 05 022 0010 00 42 44 14 05 021 0020, 0040, 0050, 0060 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Brian Tuttle for grantor COMMENTS Multiple parcels that will be developed into one project of 54 single occupant residences. A few small, older apartment buildings will be demolished and removed. 30 Page 858 of 1207 i a d � a ' c � J c� I r LAN SALE 2 5340 PURDY LANE UNINCORPORATED PALM BEACH COUNTY, FL 31 Page 859 of 1207 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lengthy legal description. See deed. RECORDED O. R. Book 28450,Page 583 GRANTOR Gateway Community Church,Inc. GRANTEE D. R. Horton,Inc. DATE OF SALE July 19,2016 LOCATION 4010 Tomoka Drive Unincorporated Palm Beach County,FL ZONING "RS",Residential Single Family PLATTED No GROUND COVER Cleared ELEVATION Street grade INTERNAL ROAD No SALE PRICE $1,200,000 LAND SIZE 226,076 square feet UNITS OF COMPARISON $5.31 per square foot PARCEL CONTROL NUMBER 00 42 45 0100 000 5190 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Michelle Jessell, attorney for grantee COMMENTS Parcel planned for a church, then sold for 23 zero lot line, single occupant homes. Necessary changes paid for by the grantee. 32 Page 860 of 1207 r Sli- vow 1 a , a Ppp Za P!' Pen za'F?d •�s Y r 1i k 6l r F � �, id � � iQmoks or rs i �. I tip;• ��r a 7 1pR 1m h wn 1, LAND SALE 3 4010 TOMOKA DRIVE UNINCORPORATED PALM BEACH COUNTY, FL 33 Page 861 of 1207 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Tract 19, Section20, Township 45 South, Range 43 East, Plat Book 7,page 20,Palm Beach County,FL RECORDED O. R. Book 29304,Page 1898,Palm Beach County Records GRANTOR MVP Homes, LLC GRANTEE J B A Realstate, LLC DATE OF SALE August 15, 2017 LOCATION 900 block, east side,Northwest 10 Street Boynton Beach,Florida ZONING "R-1-AA", Single family residential district PLATTED No GROUND COVER Trees ELEVATION Street grade ROAD FRONTAGE Yes SALE PRICE $665,000 LAND SIZE 108,900 square feet UNITS OF COMPARISON $6.11 per square foot PARCEL CONTROL NUMBER 08 43 45 20 01 000 0190 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Jorge Tager, for grantee COMMENTS Long, narrow parcel west of Interstate 95 and north of Boynton Beach Boulevard. Prior sale in December, 2016 for $385,000. Previously, site was approved for ten single occupant residences. 34 Page 862 of 1207 . err u u t� I ;ma pp Y �fi nn � Y th AYs t 4 I t �y{ d LAND ALE 4 900 block NORTHWEST 10 STREET BOYNTON BEACH, FL 35 Page 863 of 1207 j � f / § 7 � �� Ln _ § ° � / \ @ / w \ Ln \ ~ G \ - \ � 2 Ln = j = ƒ ( _ ƒ \ 7 ƒ o § / ) Lu Lu IN Vii / © e © e Ln o 2 — tu / � \ 7 « 3 2 7 _ 7 — m / f \ \ ° \ ƒ ¢ E3 e3 / / 3 / � e \ / 9 � 2 ) ° \\ \ § � / a ) § e e 7 e e ® ƒ ƒ ƒ / y ° — @ \ / o � / o \ /0 3 Ln Lu / 0 \ � \ — — — % ca f 2 - \ w 5 \ / k _\ \ = e � CL { { { 0 \ D \ 00 0 \ z . o o § § \ \ @ 0 k k § � r § ] � 200 . ca / \ \ \ \ \ R § / / / / ] Z $ G w % @ > 0 � 0 % LL % ) ; / ; / > W LL % } LU § § ) § j ° LU m \ m ] f ] 2 § & ] § / / / W en k Co w k w / B k \ F- ] k Co 0 Co a 0 o § \ - > 2 I 8 M i a co 2 c c 0. SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable, there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised land is an unplatted parcel containing 157,687 square feet or 3.62 acres. Zoning is "R-IAA", single family-residential district. Highest and Best Use is for development of a single family project of approximately 14 dwelling units. A search was made to find recent sales of sites similar to the subject in Boynton Beach and similar areas. The four land sales in this report are most representative of market value for the land being appraised. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $4.00 to $6.11 per square foot of land,before adjustments. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate continues by stating that there are basic elements of comparison that may he considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. This second group of property elements consists of location,physical characteristics and use. Each element is hereafter addressed. (Continued) 37 Page 865 of 1207 LAND VALUATION (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple(without tenants) or leased fee(subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at market rent, or below or above market rent. In the case of land,there could be a land lease on the site that would create a leased fee interest. The lease amount would require examination to see if the tenant (the leasehold interest) had a value greater than zero. If it is, then the submarket rental rate would give some of the property value to the tenant. The real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market,the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Each of the land sales was exposed to the open market for a reasonable time. All of the grantees of the sales purchased the properties for immediate use, not for speculation. Conditions of sale for the transactions were typical for the market, not calling for adjustments for this element of comparison. (Continued) 38 Page 866 of 1207 LAND VALUATION (Continued) Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. As discussed, Boynton Beach and the vicinity are in the built-out phase with a few in-fill parcels. Thus, there are few sales of vacant land of any sufficient size for a new project. The search for sales the covered the past few years. Land Sale 2 closed in 2018; date of sale for Land Sale 4 was in 2017. Nos. 1 and 3 occurred in 2016. There is an upward trend in land unit prices due to the good economy and scarcity of vacant sites. A conservative measure of the upward trend is 3%, slightly greater than the inflation rate. The land sales are adjusted upward 3% per year for market conditions,with the adjustment shown on the chart. Adjustments for transactional elements of comparison were considered; now, the land sales are likened to the subject and to each other for property elements of comparison. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, traffic count, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. Zoning for the sites permits single occupant residential use. The appraised land and sales are located west of Interstate 95, generally in the northern Boynton Beach area. The land sales are accessible via abutting streets, while the subject is next to the terminus of two roads. However, all of the sites require internal roadways. A qualitative adjustment for access will be considered in the final valuation. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. (Continued) 39 Page 867 of 1207 LAND VALUATION (Continued) Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences, the better. The parcel concerned and the land sales are not platted, which is necessary in the development process. All of the projects will require subdivision of the land into lots with supporting infrastructure of utilities and roads. Thus, the sales are similar to the subject for these factors and do not require adjustments. The main physical differences among the land sales and subject are elevation and vegetation coverage. The appraised land is cleared, but has an elevation about two feet below street grade. No topographic survey is available for review. Land Sales 1, 2 and 4 are covered with trees. Cost for tree/vegetation removal is approximately $0.50 per square foot over the entire site(documentation in the appraisers' file). Sales 1, 2 and 4 are inferior to the subject and are adjusted upward for the cost of clearing to make their price equal with the land in question. Adjustments to the sales are shown on the chart. Elevation for Land Sales 1 and 2 are low like the subject, with no adjustment needed. The elevation of Nos. 3 and 4 are at about street grade and superior to the other two sales and subject. Calculations for fill and compaction are in the appraisers' file. Result of the calculation is two feet of fill costs about $1.00 per square foot. Land Sale 3 and 4 are superior to the subject and are adjusted downward $1.00 per square foot for this factor. Use For sites to be comparable, they should have similar uses. The land sales and parcel under appraisement have a similar highest and best use of single occupant residential. No adjustment is warranted for this element of comparison. FINAL VALUE OPINION Following is a summary of the adjusted square foot unit sale prices for the four land sales: Land Sale Sale Price per Square Foot 1 $4.82 2 $5.56 3 $4.71 4 $5.85 (Continued) 40 Page 868 of 1207 FINAL VALUE OPINION (Continued) Quantitative adjustments are made to the land sales for physical characteristics resulting in the range of adjusted unit prices of$4.71 - $5.85 per square foot. Land Sales 1, 2 and 3 are on or near main thoroughfares; No. 4 has road frontage along three sides of the site. The appraised property is close to Boynton Beach Boulevard and the Interstate 95 interchange,just not as prominent of a location as the sales. Considering the location of the land appraised, its unit value is slightly lower than the central tendency of the sale at a unit value of$5.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for residentially zoning land in the vicinity of Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of January 1, 2019 is: $5.00/sq.ft. x 157,687 square feet= (rounded to) 788 000 SEVEN HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS 41 Page 869 of 1207 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on December 19, 2018. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. January_ 2019 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 &n��e January 1,2019 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 42 Page 870 of 1207 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumnbrances. 3. No responsibility is assn ned for legal matters,nor is an opinion of title rendered. Title is assn ned to be good and held in Fee Simple,unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assn ned. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication,duplication,or advertising using the writers'names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc.,the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report-unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contarnination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recornmend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr. and Claudia Vance are responsible for the analyses,conclusions,and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perforn this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 January 1,2019 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 January 1,2019 43 Page 871 of 1207 ADDENDA 44 Page 872 of 1207 . . Y NOV-21-1990 10:45as 90-337529 ORB 6652 Pg 315 Can 10.00 Doc .55 JOHN 8 ft)NUA RK - PB COUNTYt FL SPECIAL WARRANTY DEED IS NTURE, made this � day of November, 1990, between HOWARD R. SCHA Trustee and Individually, of the County of Dade,State of Ffor{da,hereinafter called grantor, E 1JTY OF BOYNTON BEACH,FLORIDA(Tax Identlflcatlon#59.6DO02a2),hereinafter called gr t hose post office address is 100'E.Boynton Beach Boulevard, Boynton Beach,FL 33435. WITNE hiothe grantor,for and In consideration of the sum of Ten Dollars and other good and valu onsideratlons paid to grantor by grantee, receipt whereof is hereby acknowledged, h r ed, bargained and sold to the grantee and to the heirs, successors and assigns of the gr n fee simple forever,the following described real property (the'Property*): ,SEE EXoff -ATTACHED HERETO AND MADE A PART.HEREOF. Subject to;Covenants,restrosservatlons,dedications,right-of-way and easements of record. and the grantor hereby fully walhe title to said land, and will defend the same against the lawful claims of all parsons by,th gh and under the Grantor, IN WITNESS WHEREOF, the gto as executed this Instrument on the day and year first above written. Signed, sealed and delivered In our press e; O R R. SCHARLIN, as Trustee and Cb STATE OF FLORIDA (r J) COUNTY OF DADE I HEREBY CERTIFY that on this day, before me, an officer �/ Ized In the State and N County aforesaid, to take acknowledgments, personally appeared , Scharlin, as Trustee and Individually, to me known to be the person described In and who executed the foregoing Instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal In the County and State last aforesaid this day of November, 1990. < Notary Public,State df Florida ^: My commission expires; NUFARY I'111iL1E STATE OF f"IUNInA My UIMMISSION ERI'. J111 4,1994 '. UUNDLU rNnu GENn1AE INS. unu. S1. This Instrument was prepared by; Howard R. Scharlin, Esq, 1399 S.W. First Avenue . Miami, FL 33130 45 Pane 3 of 1207 1:Y�,�cseuurenq�inlei��aarJtaw"r,.�s.a. h . . 1 D(HIBIT"A" ORS 6652 Pa 1316 DESCRIPTION A. parcol of 'land lying in-Soction 29, Township 45 South, ange 43 East, Palm Beach County, Florida, being more nZiculorly described as follows: totencing at the; Northeast corner of lot-41, Block 2 of,the "Aoplat of First Section Palm Beach Leisuroville" no race ," inPlat Book 28 at Pages 201; 202, and 203 of the Pu ecords of Palm Beach County, Florida; Th4nce South 01' Eaot;• along the East line of lots 34-41 ; [Hock 2 of saw oplat of First Section Palm Beach Loisureville", a, dietanc f 520.34 fast to the Paint of Be9innin9 Thence contin uth 01012'55" East along tho East line of Lots 22- 34 of •e lock 2. a distance of 672.12 feet to•tho southeas'Id rar 9f lot 22, of said Block 2;' Thonco North 87.69'27 along the North lino of lots 7-12 of said A Block 2. istance of• 330.70 feat to the Northeast•cornpr of Lot 7 of ck,2; Thence North 01.16'09' West along the West line of 4 and 6 of said block 2, a distanco of 170.33 foot t a 0oint of intersection with the South line of that 25.00 foot Right-of-Wiy for "Jasmine Street" as shown on said t •of First Section Palm Beach t;oisurov.ille".; T South 88'24'30" West along said south _line', a distance .90 feet to a point of intersection with .the southerly ction of the West lino of the Plat of "Lake ,eoynton Estat a 4-A" as rocvrded• in Plat Book. 14 at Page 89 of. the Pu cords of Palm,Beach County, Florida; Thonco North 8" West along said projection line •and the Wost ling o f; A distance of 499.34 feet,; Thence South 88'24'52'• a distanco of 200.39 foot �to•the Point of Beginning. Said Lands situate in the C Boynton Beach, Palm Beach- County, Florida. Containing 1'57•,570 Square foot 6115 Acres, more of less. FIEOORD VERM PALM BEACH MJMY.FLA. JOHN E.DUMU 46 CLERK CRCU1ro0Uff Pa of 1207 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 47 Page 875 of 1207 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 48 Page 876 of 1207 ' 3 J p a x ++ d d d d z z z z 0 j o o N o to w w z z co � U Q tn II toO cam? r- to O y O c S �1r o O O Q. M y 00 O m � o bD C� YC O o v I LL W N O Q' O O tn O O cc 0 mo `n U •� O OO o o O N o d �m a En z �o �o to z W U oO o . O d to O t d " z r z z Q o O Q o O to O O o E d „p O tn Q z 01 01 -- z I O O a0 r. Q • �-i a C." �" O ^" r tel OCd Q Cd W Qz '� c. Q. d c. c� O Cd bD O O //y�� s O U �' tom~" ++ N U _ _._ U I--1 �1r Q-I u u GTr14. z z z z z z z z 0 N O 00 d d d d d d d d co w w w w z z z z z co d d d d d d w w w w z z z zd zd z 'z z z z z z z z z :15 O LD N N N N O z z z z z z z z U 'C O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 4-� O N N v 0.4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n O N O N O O O O O O M O O Cd �. .-. OCd W "Z3' s- sUi t". O V Cd L" O .. 0-4 AC7 U U U w ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 51 Page 879 of 1207 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 52 Page 880 of 1207 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiiianddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 53 Page 881 of 1207 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 54 Page 882 of 1207 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1 /2015 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. The content of an Appraisal Report must be consistent with the Intended Use of the appraisal and, at a minimum: (i) state the identity of the client, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach or income approach must be explained; (ix) state the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: state all extraordinary assumptions and hypothetical conditions: and state that their use might have affected the assignment results; and (xii) include a signed certification in accordance with Standards Rule 2-3. 55 Page 883 of 1207 475.611 Florida Statutes: Definitions.-- (1) As used in this part, the term: (a) "Appraisal" or"appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or"foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser' means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 5._1.1_(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. 0) "Department" means the Department of Business and Professional Regulation. 56 Page 884 of 1207 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perfonm the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perfonm most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES,VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR)VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 57 Page 885 of 1207 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 58 Page 886 of 1207 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla.) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 59 Page 887 of 1207 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla.Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Boob'Uniform Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 Hours Florida Appraisal Law(2/9/2018) SEMINAR(AI) - 3 Hours"Parking Impact on Florida Properties"(5/4/2018) SEMINAR(AI) - 4 Hours"Technology Tips for Real Estate Appraisers"(9/21/2018) 60 Page 888 of 1207 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2 00 1. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act'before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 61 Page 889 of 1207 I of 5 Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vancevalgatt.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perforin the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation- APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida 1979-1981 Staff Appraiser -Real Property Analysts,Inc.,Fort Lauderdale,Florida 1976-1980 REALTOR-Associate-The Atwood Corporation,Fort Lauderdale,Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida. Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/inotels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes, Gas sales stations,Marinas,Mobile home parks, Shopping centers, Country clubs/golf courses, Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investiment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 62 Page 890 of 1207 2 of 5 F)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Fann Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Pahn Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Patin Beach,Broward County Board of County Coininissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environinental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney G)EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Course 1-A (AIREA)- Introduction to Appraising Real Property,1977,Passed Exam Course 1-B (AIREA)- Capitalization Theory and Techniques,1978,Passed Exam Course VIII(AIREA)- Residential Appraising,1978,Passed Exam Course SPP (AI) - Standards of Professional Practice,1992,Passed Exam Course 2-1 (AIREA)- Case Studies,1987,Passed Exam Course 2-2 (AIREA)- Report Writing,1987,Passed Exam Course R-2 (SREA) - Report Writing,1978,Passed Exam Course 202 (SREA) - Applied Income Property Valuation,1983,Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984,No Exam Course SPP (SREA) - Standards of Professional Practice,1989,No Exam Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - 1996 Data Exchange(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(1997) 63 Page 891 of 1207 3 of 5 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) - Valuation of Transferable Development Rights[TDR's] (1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida.State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) - Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) - National USPAP Course(2004) SEMINAR(AI) - Inverse Condemnation(2004) SEMINAR(AI) - Loss Prevention(2005) SEMINAR(AI) - Single Family Fraud Awareness(2005) SEMINAR(AI) - Guide to the new URAR form(2005) SEMINAR(AI) - Technologies for Real Estate Appraisers(2006) SEMINAR(AI) - The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) - National USPAP Update(2006) SEMINAR(AI) - Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) - Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) - Energy Star and the Appraisal Process(2006) SEMINAR(AI) - Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) - Real Estate Fraud(2007) SEMINAR(AI) - Forecasting Revenue(2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Government Regulations(2009) SEMINAR(AI) -Property Tax Assessment (2010) SEMINAR(AI) -7 Hour National USPAP (2010) SEMINAR(AI) -Florida.Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Book"(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) 64 Page 892 of 1207 4 of 5 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Lessons from the Old Economy Working in the New(2012) SEMINAR(Al) -Appraisal Review for General Appraisals(2012) COURSE(Al) -National USPAP Update(2012) SEMINAR(Al) -Florida Law(2012) SEMINAR(Al) -Land Valuation(2012) SEMINAR(Al) -Valuation of Warehouses(2012) SEMINAR(Al) -IRS Valuation(2012) SEMINAR(Al) -Business Practices and Ethics(2012) SEMINAR(Al) -Real Estate Forecast(2013) SEMINAR(Al) -Advanced Marketability Studies(2013) SEMINAR(Al) -Developing a Supportable Workfile(2013) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) SEMINAR(Al) -Hot Topics&Myths in Appraiser Liability(2018) COURSE(Al) -7 Hour National USPAP Update(2018) SEMINAR(Al) -Florida Law(2018) SEMINAR(Al) -Parking&Its Impact on Florida Properties(2018) SEMINAR(Al) -What's New in Residential Construction(2018) SEMINAR(Al) -Valuation Resources for Solar Photovoltaic Systems(2018) H)PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute-2006 Director of the South Florida Chapter of the Appraisal Institute 1996- 1998 Member of Region X(Florida.)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) Director of the Florida Association of REALTORS (FAR)-1981 Committee Member of the Florida Association of REALTORS,Education Committee 1980&1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS- 1981 and 1982; Member 1978,1979, 1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS 65 Page 893 of 1207 5 of 5 D PROFESSIONAL PUBLICATIONS&PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Gnide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS .n CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 66 Page 894 of 1207 9.C. CITY MANAGER'S REPORT 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Authorization for City Manager to enter into Purchase and Sale agreement subject to City Attorney's approval of form and format for the following City owned property: 1. Vacant Lot (SW 24th Ave) (PCN #08-43-45-32-01-002-0110) EXPLANATION OF REQUEST: The City has received a written offer on the following City owned property: Parcel I D: #08-43-45-32-01-002-0110 Location: SW 24th Avenue East of 1-95 Sound Wall Size: 0.1289 Acres Building Size: Vacant PBC Assessed Value: $10,689 Offer by: Brittany Bumgardner Offer Amount: $200 Appraised Value per Vance Real Estate: $16,800 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Staff has reviewed the offer and recommends moving forward with execution of a Sale and Purchase agreement as outlined in staff memo attached as Exhibit 1 E. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact to City programs or services. FISCAL IMPACT: Budgeted The sale of the property will reduce the City's maintenance costs and increase City's tax base. Vacant Land - SW 24th Ave Mowing: $1,200 Page 895 of 1207 Miscellaneous Debris Removal: 200 Total Annual Cost $1,400 The proceeds would be deposited into the City's Capital Improvement Fund (302) ALTERNATIVES: 1. Do not authorize a purchase and sale agreement and list the property for sale with a Real Estate Brokerage Firm. 2. Do not authorize a purchase and sale agreement and retain the property. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Exhibit Exhibit 1A Property Information - Vacant Lot SW 24th Ave Exhibit Exhibit 1 B Aerial Photo- Vacant Lot SW 24th Ave D Exhibit Exhibit 1C LOI/Offer - Vacant Land SW 24th Ave D Exhibit Exhibit 1 D Appraisal by dance Real Estate Vacant Land SW 24th Ave Memo Exhibit IIE Staff Memo Page 896 of 1207 Page 1 of 1 Property Detail Location Address SW 24TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-32-01-002-0110 Subdivision FOREST HILLS IN Official Records Book 02331 Page 0023 Sale Date JAN-1 974 Legal Description FOREST HILLS LT 1 1 (LESS I-95 R/W) BLK 2 Owner Information Mailing address Owners BOYNTON BEACH CITY OF PO BOX 310 BOYNTON BEACH FL 33425 0310 Sales Information Sales Date Price OR Book/Page Sale Type Owner JAN-1974 $2,800 02331 / 00023 Exemption Information Applicant/Owner Year Detail BOYNTON BEACH CITY OF 2019 FULL: MUNICIPAL GOVERNMENT Property Information Number of Units 0 *Total Square Feet 0 Acres 0.1289 Use Code 0000-VACANT Zoning R1AA- Single Family( 08-BOYNTON BEACH ) Appraisals Tax Year 2018 2017 2016 Improvement Value $0 $0 $0' Land Value $10,689 $93,407 $47,314' Total Market Value $10,689 $93,407 $47,314 All values are as of January I st each year Assessed and Taxable Values Tax Year 2018 2017 2016 Assessed Value $10,689 $52,045 $47,314' Exemption Amount $10,689 $52,045 $47,314' Taxable Value $0 $0 $0' Taxes Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0' Non Ad Valorem $0 $0 $0 Total tax $0 $0 $0' Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 897 of 1207 https://www.pbcgov.com/papa/Asps/PropertyDetail/PrinterfriendlyPropertyPr... 1/7/2019 08-43-45-32-01 -002-0110 ` 4 k, f 1 } .F i � r ' II` i , is Y , R li IN ipm.W, y� f 5 January 7, 2019 1:576 0 0.00475 0.0095 0.019 mi Farre 8Q8 of 1207 0 0.0075 0.015 0.03 km Mack, Andrew From: Brittany Bumgardner <brittbumgardner@gmail.com> Sent: Thursday, October 05, 2017 11:04 AM To: Mack,Andrew Subject: Interested in purchasing abandoned lot next door to my home. Follow Up Flag: Follow up Flag Status: Completed Good Morning Andrew Mack. I'm writing this email and also a hand written letter to make an offer on the property right next door to my house. My name is Brittany Zara Bumgardner and I am the homeowner of 715 SW 24th ave Boynton Beach FL 33435. 1 have lived at this address for 9 years. I have helped maintain this lot majority of the time. I am also the only one who has to dump my trash there due to the power line from one light to another across my yard. I would like to purchase this lot with the promise that I will fully be responsible to maintain it. My offer is$200.00. Please fell free to call me or email me at anytime.Thank you so much for your time and communication. I greatly appreciate it. Sincerely, Brittany Zara Bumgardner (561)351-0927 1 Page 899 of 1207 ()—M U)Vb , v CK ' T ' 0wt�-o- & L A M . 3 q.. '- ADO ries c jw .. j11( U-ALO Ua a : b t 1391 fly, i. \ . ., . . � Page 900 W 1207 APPRAISAL REPORT VACANT LAND,REMAINDER LOT 719 SOUTHWEST 24 AVENUE BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for The City of Boynton Beach Attention: Mr. Andrew Mack Director of Public Works & Engineering 222 Northeast 9 Avenue Boynton Beach, FL 33435 January 1, 2019 Page 901 of 1207 Vance Real Estate Service sf, January 1, 2019 The City of Boynton Beach ` �`��`'�' Attention: Mr. Andrew Mack, Director of Public Works &Engineering ,`�srtf, 222 Northeast 9 Avenue Boynton Beach, FL 33435 i RE: Vacant land,remainder lot, 719 Southwest 24 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Dear Mr. Mack: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of January 1, 2019. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to the City of Boynton Beach, Florida. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2018-2019). This report is for possible disposition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. SIXTEEN THOUSAND EIGHT HUNDRED DOLLARS $16,800 I (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT KITH FIFTY-SEVEN(57)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 "MBA"REAL ESTATE MANAGEMENT AND DEVELOPMENT 7481 Northwest 4`h Street,Plantation,FL 33317-2204 954/583-2116 -- Page 902 of 1207 TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 P otograp s o the Subject Property 5 Aerial photos of the Subject Property 6 1-3-5 Mile Location Map 8 1-3-5 Mile Summary of Demographic Statistics 9 Summary of Important Facts and Conclusions 11 DESCRIPTIONS ANALYSES & CONCLUSIONS 12 I entity ot Client and Intended User 13 Intended Use 13 Identification of Real Estate Appraised 13 Ownership 13 Property Address and Legal Description 13 Real Estate Tax Analysis 14 Market Area Description 14 Land Use & Zoning 18 Site Description 18 Real Property Interest Appraised 20 Appraisal Purpose and Definition of Market Value 20 Effective Dates of the Appraisal and Report 21 Scope of the Work 21 Summary of Information Considered 22 Property History 22 Highest and Best Use 23 SALES COMPARISON APPROACH- LAND VALUE 26 Land Sales es eria Map 28 Land Sales Documentation 29 Land Sales Comparison Chart 32 Valuation by Sales Comparison 33 FINAL VALUE OPINION 36 Certification and Limiting Conditions 38 ADDENDA 40 Acquiring deed 41 Residential Zoning Ordinances 42 USPAP Standards Rule 2-2a 46 Qualifications of the Appraisers 48 Page 903 of 1207 INTRODUCTION 4 Page 904 of 1207 i k7'4y P S r g f � I` s n ra ir t of W ,Y t At r ite „_ t r t i }ryyi r § vff 9 -Y4 k -My�rsu Lookin North @ Remainder Lot (i Fem sit �fyi'� "rer 4wI 1 tom+ yt U'^\ r v (pd its rt1tY 'tie d i'r } Ih' ( a Retaining Wall to West 00 r@ , let I �YI ll �M;; t t iv: - r AEi~r ..k ,� 1 t r r t � Adjoining House @ 715 SW 24 Avenue Boynton Beach,Florida 5 Page 905 of 1207 g , � i 0 Lr) r O v r 0 w a� H k F K� i t If) • M A-i w A 0 i t Ott I t� v � r � r I wry k ry M u a 1 t Olt wl v 16 . iii Ml I FSI u � W tI isl � 54 � ,,,, w._=ti gra ..,,L.................. �,_ ,y j ._„v y ==,N=, :.,--- (--0LIIIL1"r e LJ 1) r x '�° € m m Lake1]ri Worth Rd � � .. d �� Worth Laker Orkh .Avrtr f LIAeIaIeIJL:a Lnim A �. La '"NoI th 15 x # rLLni lia 9'i,IDunh,C ILrld'' � !4 t� r -ammns Rd Lantana RI I Lata ktehixoRd 0R d" v Iz = - M € J J r i lI Do m s us 4IdBcynno-i --.-.. ;,,,.� f..€3�Wntrxr-Bea�cfs 1 d ,. W-B'Otntcn eaeh'Bfur� , igL�1�= --Boynton Beach t � IV vqGcOo Rd IH � erg n 1. y I- lunlc,rx fain golf :e 'All Pic x 0 Ir ms :.Lake Ida Rd I{, I de€r Beacham isJj .�WAI]antic Avs2 .._.�... •t w FC€nes Paint Lm,'trrrr Blvd 2�cu Wi} j .Iu6 Ffr €aaeP I E,eLii- ', Beach :..,tunnyCkI bSia ' l3�eal"'aotan ounnLL, � �rlul7s ; ! i Clint Moore Rd '( Glinifd flora Rd: 3 1w WhisperWa€k sui try Bial n Sru J 1-3-5 MILE RADII FROM THE VALUED PROPERTY 715 SW 24 Avenue Boynton Beach, Florida a Page 908 of 1207 • Gesn" 715 SW 24th St, Boynton Beach, Florida, 33426 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 11,525 92,775 193,893 2010 Population 12,505 103,045 223,686 2018 Population 13,006 111,673 244,347 2023 Population 13,525 118,129 258,779 2000-2010 Annual Rate 0.82% 1.06% 1.44% 2010-2018 Annual Rate 0.48% 0.98% 1.08% 2018-2023 Annual Rate 0.79% 1.13% 1.15% 2018 Male Population 44.7% 46.9% 47.2% 2018 Female Population 55.3% 53.1% 52.8% 2018 Median Age 55.4 50.4 50.4 In the identified area, the current year population is 244,347. In 2010, the Census count in the area was 223,686. The rate of change since 2010 was 1.08% annually.The five-year projection for the population in the area is 258,779 representing a change of 1.15% annually from 2018 to 2023. Currently, the population is 47.2% male and 52.8%female. Median Age The median age in this area is 55.4, compared to U.S. median age of 38.3. Race and!Ethnicity 2018 White Alone 63.0% 67.4% 67.4% 2018 Black Alone 30.4% 25.0% 24.5% 2018 American Indian/Alaska Native Alone 0.2% 0.2% 0.2% 2018 Asian Alone 1.4% 2.1% 2.3% 2018 Pacific Islander Alone 0.0% 0.0% 0.0% 2018 Other Race 2.8% 2.9% 3.3% 2018 Two or More Races 2.2% 2.4% 2.3% 2018 Hispanic Origin (Any Race) 12.6% 14.4% 15.3% Persons of Hispanic origin represent 15.3% of the population in the identified area compared to 18.3% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 61.9 in the identified area, compared to 64.3 for the U.S. as a whole. Households 2000 Households 5,925 42,685 85,562 2010 Households 5,986 46,874 98,533 2018 Total Households 6,168 50,543 106,822 2023 Total Households 6,417 53,401 112,880 2000-2010 Annual Rate 0.10% 0.94% 1.42% 2010-2018 Annual Rate 0.36% 0.92% 0.98% 2018-2023 Annual Rate 0.79% 1.11% 1.11% 2018 Average Household Size 2.06 2.18 2.27 The household count in this area has changed from 98,533 in 2010 to 106,822 in the current year, a change of 0.98% annually. The five- year projection of households is 112,880, a change of 1.11% annually from the current year total. Average household size is currently 2.27, compared to 2.25 in the year 2010.The number of families in the current year is 63,279 in the specified area. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. December 21, 2018 9 Page 909 of 1207 • Gesn" 715 SW 24th St, Boynton Beach, Florida, 33426 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2018 Median Household Income $45,887 $52,022 $54,384 2023 Median Household Income $52,503 $59,053 $62,457 2018-2023 Annual Rate 2.73% 2.57% 2.81% Average Household Income 2018 Average Household Income $63,099 $74,754 $78,774 2023 Average Household Income $74,182 $88,259 $93,115 2018-2023 Annual Rate 3.29% 3.38% 3.40% Per Capita Income 2018 Per Capita Income $30,728 $34,293 $34,765 2023 Per Capita Income $35,883 $40,340 $40,929 2018-2023 Annual Rate 3.15% 3.30% 3.32% Households by Income Current median household income is$54,384 in the area, compared to $58,100 for all U.S. households. Median household income is projected to be $62,457 in five years, compared to $65,727 for all U.S. households Current average household income is$78,774 in this area, compared to $83,694 for all U.S. households. Average household income is projected to be $93,115 in five years, compared to $96,109 for all U.S. households Current per capita income is $34,765 in the area, compared to the U.S. per capita income of$31,950. The per capita income is projected to be $40,929 in five years, compared to $36,530 for all U.S. households Housing 2000 Total Housing Units 6,774 50,951 100,118 2000 Owner Occupied Housing Units 4,413 32,844 67,685 2000 Renter Occupied Housing Units 1,512 9,841 17,877 2000 Vacant Housing Units 849 8,266 14,556 2010 Total Housing Units 7,295 58,581 119,835 2010 Owner Occupied Housing Units 3,933 33,454 73,966 2010 Renter Occupied Housing Units 2,053 13,420 24,567 2010 Vacant Housing Units 1,309 11,707 21,302 2018 Total Housing Units 7,350 62,102 127,975 2018 Owner Occupied Housing Units 3,780 33,532 74,308 2018 Renter Occupied Housing Units 2,388 17,011 32,514 2018 Vacant Housing Units 1,182 11,559 21,153 2023 Total Housing Units 7,630 65,129 134,564 2023 Owner Occupied Housing Units 3,998 35,917 79,485 2023 Renter Occupied Housing Units 2,419 17,484 33,395 2023 Vacant Housing Units 1,213 11,728 21,684 Currently, 58.1% of the 127,975 housing units in the area are owner occupied; 25.4%, renter occupied; and 16.5% are vacant. Currently, in the U.S., 56.0% of the housing units in the area are owner occupied; 32.8% are renter occupied; and 11.2% are vacant. In 2010, there were 119,835 housing units in the area - 61.7% owner occupied, 20.5% renter occupied, and 17.8% vacant. The annual rate of change in housing units since 2010 is 2.96%. Median home value in the area is$231,028, compared to a median home value of$218,492 for the U.S. In five years, median value is projected to change by 2.42% annually to$260,323. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. December 21, 2018 10 Page 910 of 1207 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land, remainder lot 719 Southwest 24 Avenue Boynton Beach, FL 33435 OWNERSHIP: City of Boynton Beach P0Box 310 Boynton Beach, FL 33425 LAND AREA: 5,614 square feet or 0.1289 acres Note: dimensions and size are from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: None ZONING: "R-IAA", Single family residential district, minimum lot size of 8,000 square feet, in the city of Boynton Beach LAND USE: Low Density Residential, 7.5 dwelling unit/acre APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant HIGHEST AND BEST USE: To be assembled with the property to the east for possible expansion of the building or site improvements. VALUE BY THE SALES COMPARISON APPROACH: 5,614 square feet x $3.00 per square foot=(rounded to) SIXTEEN THOUSAND EIGHT HUNDRED DOLLARS 16 800 VALUATION DATE: January 1, 2019 Exposure Time: 6—9 months prior to selling at the appraised value Note: There is a possible encroachment of the site improvements from 715 SW 24 Avenue,Boynton Beach, FL (the property to the east) on to the appraised lot. No sketch of survey is available for review to verify the encroachment. However, the aerial view of the properties on the Palm Beach County Appraiser's website does indicate an encroachment. See the aerial photo in this appraisal. 11 Page 911 of 1207 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2018 - 2019) 2-2(a)(i) State the identity of the client and any intended users, by name or type; The client and intended user of this report is the City of Boynton Beach, Florida. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible disposition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: City of Boynton Beach, FL P0Box 310 Boynton Beach, FL 33425 Property Address: 719 Southwest 24 Avenue Boynton Beach, FL 33435 Legal Description: Lot 11, Block 2, FOREST HILLS, Plat Book 25, page 57, less the 1-95 right of way, Palm Beach County, FL Census Tract No. 63 13 Page 913 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 32 01 002 0110 Land Value: $10,689 Improvement Value: - 0 - Total 0 - Total Value: $10,689 Assessed Value: $10,689 Tax: $ -0- The property is owned by a municipality; it is not assessed for taxation. Since there are no taxes forthcoming from a property such as this, the value on the property by the county appraiser may not be representative of current market value. Prior values for the appraised land by the county appraiser: 2017: $93,407 2016: $47,314 2015: $45,061 Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain in the eastern part of the city. 14 Page 914 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway (FEC) from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Now the railroad is primarily used for freight transportation. The new Brightline rapid passenger service was constructed in the FEC corridor; however, there is only one depot in Palm Beach County in West Palm Beach. Boynton Beach grew from east to west and south to north, aided by the extension of major roads. The main land use in Boynton Beach is residential, starting in the east with older single family dwellings, then moving to planned communities west of Interstate 95, to custom homes around golf courses in the west. The central-eastern part of is a Community Redevelopment Area, with revitalization taking place, making it a vibrant life-style center. Changes in zoning and land use are instrumental in this urban renewal. In the western part of the city, new residential projects are being constructed on in-fill sites of various sizes. The subject market area is the southern part of the city, east of Interstate 95, with the boundaries of Woolbright Road on the north, US Highway 1/ Old Dixie Highway on the east, Interstate 95 on the west and the southern border of the city of Boynton Beach/ Gulfstream Boulevard on the south. On market area blends into the next in the built-out area of Palm Beach County. Woolbright Road is a principal arterial extending east-west through the market area, with an interchange with Interstate 95. Southwest 23 Avenue is a main east-west thoroughfare through the market area with an overpass over Interstate 95. The north part of the subject market area is dominated by the Highpoint Condominium complex with individual dwelling that have the appearance of single occupant residences. 15 Page 915 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) To the south of SW 23 Avenue is the Bethesda Hospital complex, being a key influence in the subject market area. The other predominant land use in the subject market area is single occupant residences in older subdivisions. Properties are well maintained. There is very little vacant land in the subject market area. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2018 in the one-mile radius is $45,887, for three miles it is $52,022, and $54,384 for the five mile circle. The median household income for Palm Beach County is $54,400, and the east part of the 3 and 5 mile circles include the residents all the way to the Atlantic Ocean. In the one-mile circle, population is 13,006. In three miles, population increases to 111,673; at five miles, it is 244,347. However, about one-fourth of the five mile circle is over the Atlantic Ocean. Annual growth rate is anticipated to be 0.79% to 1.15% in the three circles during the next five years as the economy and job market improves in South Florida and new multi-family residential complexes are constructed. 58% of the housing units are owner occupied, which about average for Palm Beach County. 25% are rented, leaving a vacancy of 17% which is probably higher than actual due to an undercount of the other two categories. Median home value in the five-mile area is $231,028 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of$218,492 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses. As mentioned, there is very little vacant land for any type of construction. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. 16 Page 916 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Then, the economic collapse came in fall of 2008 along with the crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to present, sales activity and prices recuperated. The upswing in prices is due in part to scarcity of developable land, especially in the eastern part of the county. Properties in primary locations are back to pre- crash prices; other properties are approaching that level. As discussed, revitalization is taking place east, mostly along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. Town Square, a major redevelopment project, will take place in three sections extending from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which will be demolished and removed. The project consists of the following: • North parcel —225 residential units, 120 hotel rooms, 65,000 square feet of office/ retail space and 927 space parking garage • Middle parcel—200 residential units, 18,887 square feet of retail space • South parcel — 280 residential units, 820 space parking garage, 4,000 public space Included in the project are spaces for a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The first phase of the project is underway. 17 Page 917 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) There are several residential projects taking place in the western part of the city. The Boynton Beach Mall might be redeveloped under a new zoning district to be changed into a mixed use project of residential, hospitality, entertainment and office. Conclusion The subject market area is in the southern part of Boynton Beach and easily accessible via major surface roads and Interstate 95. Only a small amount of vacant land remains. Scarcity has a positive effect on property prices, even sites with development challenges. Boynton Beach possesses the elements for a pleasant place to live, and a city government friendly to development. This combination will continue to draw residents and businesses to the municipality. Land Use: Low Density Residential, maximum density 7.5 dwelling units per acre. Zoning: "R-IAA", Single Family Residential District. Minimum lot size is 8,000 square feet; minimum lot frontage is 75 feet. Zoning code excerpt is in the Addenda. Platting: The appraised land is a part of a platted lot. Site Description: The parcel appraised was part of a rectangularly shaped platted lot. In the early 1970s, the west part of the lot was taken for an Action in Eminent Domain to acquire land for the construction of Interstate 95. 18 Page 918 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The shape of the remainder lot is basically triangular, with a base of approximately 85 feet and a height of approximately 105 feet. No sketch of survey is available. Approximate size is 5,614 square feet from the Palm Beach County tax roll. The west border of the site is the Interstate 95 right- of-way, with a barrier wall for sound reduction. Utilities: All utilities are available to the site. Topography: The site is cleared and filled to street level. Access: The site is accessible via SW 24 Avenue. Easements: There are probably utility easements around the perimeter of the lot; however, there is no sketch of survey to verify if they exist. Encroachment: There is a possible encroachment of the site improvements from 715 SW 24 Avenue, Boynton Beach, FL (the property to the east) on to the appraised lot. No sketch of survey is available for review to verify the encroachment. However, the aerial view of the properties on the Palm Beach County Appraiser's website does indicate an encroachment. See the aerial photo in this appraisal. Improvement Description: There are no structural improvements on the land in question. Environmental Assessment: No assessment was available for review. 19 Page 919 of 1207 APPRAISAL REPORT (continued) 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of January 1, 2019. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship,knowledge, and motivation of the parties(i.e., seller and buyer); 2. the terns of sale(e.g.,cash,cash equivalent,or other terns);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 20 Page 920 of 1207 APPRAISAL REPORT (continued) * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. dennins, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: January 1, 2019 B) Date of the Report: January 1, 2019 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach-Land Valuation, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 21 Page 921 of 1207 APPRAISAL REPORT (continued) 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinion, and conclusion is explained in that section. Cost Approach is not used because there are no improvements on the site. The Income Approach is not employed in this appraisal because most land is typically purchased for immediate use, not for lease. Sales Comparison Approach is the best method to value vacant land. Exclusion of the Cost Approach and Income Approach still produce a creditable report. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the appraised property as of the effective date of the appraisal. There is an offer to purchase the property for $200.00. The offered price is significantly lower than the appraised market value of $16,800 as developed and supported in this appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There were no sales of the property in the past three years. The remainder lot was sold to the City of Boynton Beach in May, 1974 for $2,800.00. A copy of the deed is in the Addenda. 22 Page 922 of 1207 APPRAISAL REPORT (continued) 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the surrounding land is improved with single family residences. The land is cleared and filled to street grade; however, the type of fill is not known. Shape of the remainder lot is irregular, containing 5,614 square feet. All utilities are available to the site. It is accessible via SW 24 Avenue. The shape of the remainder lot would most likely preclude it from being improved with a free-standing single occupant residence. However, city officials make that determination. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is low density residential, 7.5 units per acre. Zoning is "R-IAA", Single Family Residential District in the City of Boynton Beach. Maximum density is 5.5 units per acre. Minimum lot size is 8,000 square feet; minimum lot frontage is 75 feet. Setbacks are: front, 25 feet; side, 10 feet; rear 20 feet. The appraised land does not meet the minimum lot standard in the "R1-AA" district. Further, if the setbacks were met, there would most probably not be sufficient room for a dwelling to meet the size of 1,600 square feet. 23 Page 923 of 1207 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT In the zoning code for Nonconforming Regulations, a detached single family dwelling may be constructed on any parcel in the "R-IAA" district, without variance, provided that it consists of one whole platted lot. Further, lot frontage has to be 60 feet, and the lot area cannot be less than 6,750 square feet. The remainder lot concerned does not meet the standards to be improved without a variance. Again, city officials determine developablity. Use of the land in question for a free-standing single occupant residence is most probably not legally permissible. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The appraised land is located in a subdivision of single occupant residences with sale prices in the range of $350,000 to $430,000. Houses of this type provide more than shelter for the inhabitants; they are customized to meet the wants and needs of the owners. Site improvements of the homes include swimming pools, enclosed patios, tool sheds, patios, et cetera. Further, there is storage of boats, mobile homes, and additional vehicles on the lots. The residences in the immediate subject market area display that the owners of lots greater than typical size do use the additional land for outdoor recreation or storage. From the aerial view of the subject property, it appears that the property owner to the east already uses part of the land concerned for a patio and fence. Financially feasible use of the land appraised is to assemble it with the property to the east for possible expansion of the residence or additional site improvements. Marketability is limited to the property owner to the east which has a downward effect on price. In the Sales Comparison Approach in this report, sales of other sub-standard sized parcels are cited to provide an indication of value for the subject. 24 Page 924 of 1207 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT The most probably buyer for the remainder lot is the property owner to the east. Time for purchase is now for the buyer to take advantage of the additional land area as desired. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised land is for it to be assembled with the property to the east for expansion of the building or site improvements. Such use would be physically possible, legally permissible, financially feasible and maximally productive. The larger lot size would be a positive selling point if the assembled property were placed on the market for sale. The older, existing residence could be remodeled and expanded or a new, larger house could be constructed. 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 25 Page 925 of 1207 SALES COMPARISON APPROACH LAND VALUATION 27 Page 927 of 1207 � t r Gti Ik! r a m �( - i t ➢S '' '� S's�1;1(Q Ste" O O M �Q co ' Jty a � � � a F t - r coN LL lj �tik "� �,� R J •� V �fl} Co I ( tr � ky r-1 sJ y�� VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION West 1/2 of Lot 7, Block 2, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29516,Page 1409,Palm Beach County Records GRANTOR Sivongile Russell-Ruskin and Patricia Ann Webster GRANTEE Andcar Properties, LLC DATE OF SALE October 28,2017 LOCATION 213 NE 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $10,950 LAND SIZE 3,875 square feet(25' x 155') UNITS OF COMPARISON $2.83 per square foot FOLIO NUMBERS 08-43-45-21-22-002-0072 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantor COMMENTS Sale of�/z of a lot from one private party to another. 29 Page 929 of 1207 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION East 1/2 of Lot 7, Block 2, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29516,Page 1211,Palm Beach County Records GRANTOR Patricia Ann Webster,Personal Representative GRANTEE Andcar Properties, LLC DATE OF SALE November 17, 2017 LOCATION 213 NE 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $10,950 LAND SIZE 3,875 square feet(25' x 155') UNITS OF COMPARISON $2.83 per square foot FOLIO NUMBERS 08-43-45-21-22-002-0071 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantor COMMENTS Sale of�/z of a lot from one private party to another. 30 Page 930 of 1207 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION The unnumbered lot east of Lot 1, Block 4, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84,Palm Beach County, FL RECORDED O. R. Book 29861,Page 458,Palm Beach County Records GRANTOR Larann, LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE May 18,2018 LOCATION 342 Northeast 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MU-Ll",Mixed Use Low Intensity SALE PRICE $9,000 for this lot as part of a package sale with a total price of $62,000 LAND SIZE 3,000 square feet(20' x 150') UNITS OF COMPARISON $3.00 per square foot FOLIO NUMBERS 08-43-45-21-22-004-0110 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Michael Simon, for grantee COMMENTS Small lot purchased for assemblage with properties for redevelopment of that market area. 31 Page 931 of 1207 LAND SALE COMPARISON CHART Land Sale Sale Size Site Price per Sales Date Price Sg.Ft. Zoning Square Foot 1 213 NE 11 Avenue 10/28/2017 $10,950 3,875 "R 2" $2.83 Boynton Beach, Florida 2 211 NE 11 Avenue 11/17/17 $10,950 3,875 "R-2" $2.83 Boynton Beach, Florida 3 342 NE 11 Avenue 05/18/2018 $9,000 3,000 "R-2" $3.00 Boynton Beach, FL SUBJECT Value Date Value Unit Value 719 SW 24 Avenue 01/01/2019 $16,800 5,614 "R-1AA" $3.00 Boynton Beach, FL 32 Page 932 of 1207 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable, there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised land is a remainder of a lot containing 5,614 square feet. Zoning is "R-IAA", single family-residential district. Highest and Best Use is for assemblage with the property to the east for expansion of building or site improvements. A wide search was made to find recent sales of partial lots or substandard sized lots in central Palm Beach County. Three sales were found in an area of near northeast Boynton Beach where land was platted in the early part of the twentieth century with lot sizes that are substandard in current zoning districts. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $2.83 to $3.00 per square foot of land. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate continues by stating that there are basic elements of comparison that may he considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. This second group of property elements consists of location,physical characteristics and use. Each element is hereafter addressed. (Continued) 33 Page 933 of 1207 LAND VALUATION (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple(without tenants) or leased fee(subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at market rent, or below or above market rent. In the case of land,there could be a land lease on the site that would create a leased fee interest. The lease amount would require examination to see if the tenant (the leasehold interest) had a value greater than zero. If it is, then the submarket rental rate would give some of the property value to the tenant. The real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market,the result of an eminent domain proceeding, or tax consideration. The land sales cited in this report are arm's length transactions. Grantors of Land Sales 1 and 2 are related parties who sold to one grantee for both half lots. Individually, a half lot has very little functional utility. However, together, the two half lots could be improved with one single occupant residence. The Boynton Beach Community Redevelopment Agency (BB CRA) purchased No. 3 in a negotiated sale at the market price. The sale prices of the other two transactions suggest that the BB CRA is paying the market rate for land. (Continued) 34 Page 934 of 1207 LAND VALUATION (Continued) Typical unit prices for standard sized lots in the market area of Land Sales 1, 2 and 3 are in the range of$5.00 to $7.00 per square foot. Land unit prices in the immediate subject market area are higher reaching $12.00 to $15.00 per square foot. (Documentation of sales are in the appraisers' file.) Land unit prices for Sales 1, 2 and 3, being lower than typical, are reflective of the small universe of potential buyers who would purchase substandard sized lots. Possible potential buyers for the land in question are the adjacent property owner or an entity acquiring any land in the area for future development. Limited marketability can have a tempering effect on price as noted by the sales cited in this appraisal. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Two of the sales occurred in 2017, and one in 2018. All of the land sales occurred during market conditions which are similar to those at the time of valuation. Hence, no adjustment is necessary for this element of comparison. Adjustments for transactional elements of comparison were considered; now, the land sales are likened to the subject and to each other for property elements of comparison. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, traffic count, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. The appraised land is located in the near southwest section of Boynton Beach. The sales are situated in the near northeast quadrant of the city. However, the location of the properties is not as significant a factor affecting price as are physical characteristics and marketability. Therefore, no adjustment is made for this element of comparison. (Continued) 35 Page 935 of 1207 LAND VALUATION (Continued) Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences, the better. The key physical characteristic is that the appraised parcel and the land sales are substandard to the minimum size requirement in their zoning districts. They most probably cannot be independently improved with a free standing dwelling. This factor limits their marketability to an adjacent property owner or an entity willing to buy any land for future development. The unit prices of the sales are in a narrow range of$2.83 to $3.00 per square foot of land. The appraised land is larger than the sales at 5,614 square feet, providing a buyer with more area for expansion of building or site improvements. The physical characteristics of the valued parcel place it unit value at the top end of the range of unit prices of the sales. Use For sites to be comparable, they should have similar uses. The land sales and parcel under appraisement have a similar highest and best use of being assembled with the adjacent property to provide more area for expansion of building or site improvement, or for on-site storage, or just green space. No adjustment is warranted for this element of comparison. FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the three land sales: Land Sale Sale Price per Sguare Foot 1 $2.83 2 $2.83 3 $3.00 (Continued) 36 Page 936 of 1207 FINAL VALUE OPINION (Continued) The larger size of the subject,providing a buyer more functional utility of the land, has a unit value at the upper end of the range of unit sale prices. Considering the foregoing discussion, the unit value of the appraised land is $3.00 per square foot. The quantity of the comparable data is sufficient to have an indication of value for the appraised remainder lot. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of January 1,2019 is: $3.00/sq.ft. x 5,614 square feet= (rounded to) J16,-800 SIXTEEN THOUSAND EIGHT HUNDRED DOLLARS 37 Page 937 of 1207 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on December 19, 2018. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. January_ 2019 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 &n��e January 1,2019 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 38 Page 938 of 1207 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumnbrances. 3. No responsibility is assn ned for legal matters,nor is an opinion of title rendered. Title is assn ned to be good and held in Fee Simple,unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assn ned. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication,duplication,or advertising using the writers'names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc.,the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report-unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contarnination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recornmend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr. and Claudia Vance are responsible for the analyses,conclusions,and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perforn this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 January 1,2019 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 January 1,2019 39 Page 939 of 1207 ADDENDA 40 Page 940 of 1207 75250 Printed for Lawyer.'Title Guaranty Fund,Orlando,Florida This instrument was prepared by: ` ERNEST G. SIMON 78 N. E. Fifth Avenue TWarra Beed DELRAY BEACH,FLORIDA 334,4 (STATUTORY FORM—SECTION 689.02 F.S.) I to S 01 4ig Dnbrrit Made this 1st day of May 19 74, ErtutPrn o LEONARD W Oa/k/a LEONARD WALBECH and RUTH J. WALBECK, his wife, of the County of 4Lga State of Ohio grantor°,and C1.1O CITY OF BO BEACH, FLORIDA i — Whose post office address is Northeast Second Avenue, Boynton Beach, orf the County of Palm State of Florida grantee*, MjtrWSSPr4. That said gr;tnto in consideration of the sten of -------------------- — —TEN AND 00/100------------------- Dollars. :urd other good and t•aluable eousident ' u said grantor in hand paid by said grantee,the receipt whereof is herebe ackuo vledged, has granted, bargained ud sold to the said grantee, and grantee~ heirs and assigns fore�c•r, the fol- lowing described land• situate, lying and bei in County, Florida, to-wit: Lot 11, Block 2, F ST HILLS, according to the plat thereof le in the Office of the Clerk of the Circ urt in and for Palm Beach County, Flori n Plat Book 25, Page 57, LESS the I-95 R� f—Way as described in Official Record Book 3 Page 779, Public Records of Palm Beach Florida. DDC1jMEtdTARY= V�_i : ATE o1= FLORIDA 1 SUR TAX_ MENTARY ... STAMPTAX!rLORIDAF REVENUEUl zz�� 0 3. 3 0 = JUL22 7a 08. 4.0 1 � IVG and said grantor does hereby fully warrant the title to said land, and fend the same against the lawful claims of all persons whomsoever. °"Grantor'and"grantee"are used for singular or I context requires. Jri 3tirirss �I�PrPDf, Cr;tutor has hereunto set grantor's hand an e day and year first about written. S'rned,sealed io c' rr I in our presence: J 4 � —(Seal) L onard Wa k/a Leonard Wal e / (Seal) (Seal) RLith J. f�ialbeck (Seal) �) STATE OF OHIO ?j COUNTY OF CUYAHOGA Jf HEIIEBY CERTIFY that on this day before rte, an officer duly quah"ed to take acknowledgments, personally eonard Walbeck a/k/a Leonard Walbech and Ruth J. Walbeck, his wife, to too known to he the person described in and who executed the foregoing instrument and acknowledged before nu that he, executed the same. ,� WITNESS i��3iaiish,aitd official seal in the County and State I; •t aforesaid this day of May 19 .ase'+•':'-'.�•'`'.°�;_�`'.:'.'`';.�'.:.: _ \1�sZy}ifitu ar :tit�nt s'y. Notary Public N.FR ARNOLD,Notary Public My Commission Expires Oct 23,1976 2331 .'`�'�t PAGE 23 ,E -G� uta r3ytLri r RETURN TO GRANTEE Page 94 of 1207 D. R-I Single family Residential District. 1- General. The purpose of the R-I zoning district is to implement the moderate density residential(MoDR)future land use map(FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5)dwelling units per acre,and allowing limited types of non-residential uses. 2. Use(s)Allowed. See"Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations(Table 3-8). The following lot and setback requirements shall be observed: BUILDINGISITE REGULATIONS R-1 District Minimum lot area: , 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:l Abutting:I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50010 Abutting: Golf Course: 50010 Abutting: Canals wider than 150 ft 50010 Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50010 Abutting: Public or private park: 50010 Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 42 Page 942 of 1207 Boynton Beach,FL Code of Ordinsnoes '— -- -- --�� A�ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES R Sec. 1. Overview. A. General. Pursuant to Chapter 1,Article III,Section 5.B.,any given parcel of land in the city shall have a zoning district that corresponds with the future land use map(FLUM)classification of the Comprehensive Plan. B. Residential Building and Site Regulations(Table 3-1). R-1 R-1 R-1 R-2 R-3 RESIDENTIAL AAB AA A R-1 Duplex Multi BUD PUD MHPD i Density(dwelling units 5 5.5 6 7.5 10 Flexible13 Flexible" Flexible'] Flexible" per acre): Project Area,Minimum N/A N/A N/A N/A N/A N/A 1 to 5 5+ 10+ (yes) Lot Area per unit, 9,000 8,000" 7,500 6,000 4,500 4,00015 Flexible10 Flexible'0 4,200 Minimum(square feet): Lot Frontage,Minimum 90 75 60 60 175 100 Flexible10 Flexible'0 N/A (feet): Living Area,Minimum 1,800 1,600 1,400 1,200 750 750 750 750 N/A A/C(square feet): Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% N/A N/A Floor-Area-Ratio(FAR) N/A N/A N/A N/A 0.106 N/A 0.206 N/A N/A j for Non-Residential, 43 Page 943 of 1207 Maximum: Structure Height, 30 30 30 30 257 458 459 458 30 Maximum(feet): —T Building Setbacks, Minimum(feet): Front: 25 25 25 25 25 40 Flexibles Flexibles 20 Interior side: 10 1011 7.5 7.5 10 20 Flexibles Flexibles 5 Comer side: 254 254 254 254 254 40 Flexibles Flexibles 1014 Rear: 204 204 204 204 254 40 Flexibles Flexibles 1014 Special rear yard setback reductions for 1-story Maximum Percentage of Reduction: building additions abutting: 1-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A Intracoastal Waterway 50% 50% 50% 50% N/A N/A N/A N/A N/A (ICWW): Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 501/6 N/A N/A N/A N/A N/A Canal wider than 150 50% 501/6 50% 50% N/A N/A N/A N/A N/A feet: Canal narrower than 33% 33% 33% 33% N/A N/A NIA N/A N/A 150 feet: Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A Public/private park: 150% 501/6 5001. 1 50% N/A I N/A N/A N/A N/A 44 Page 944 of 1207 4 Sec. 11. Nonconforming Regulations. A. Lots and Parcels 1. R-1 District,R-IA District,R-2 District,and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1,R-IA,R-2,or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot, platted prior to August 7,2001; b. The parcel,or assemblage of platted parcels which individually meet the requirements of paragraph a. above,has a frontage of not less than fifty(50)feet,and a lot area of not less than five thousand(5,000)square feet(irregular,other than rectangle-shaped lots with less than five thousand(5,000)square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed,shall comply with all provisions of the Land Development Regulations and applicable building code regulations,including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. 1. R-2 District. Within R-2 districts,in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty(40)feet but less than fifty(50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one(1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two(2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot,or combination of lots, where the total frontage is equal or greater than one hundred twenty(120)feet,and the total area is greater than twelve thousand(12,000) square feet,said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. --4 3. R 1 AA District. A detached single-family dwelling may be constructed on any parcel located in an R-IAA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one(1)whole platted lot. b. The parcel has a frontage of not less than sixty(60)feet,and a lot area of not less than six thousand,seven hundred fifty(6,750)square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot,or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations,said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district Not more than one(1)parcel or lot,or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 45 Page 945 of 1207 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. The content of an Appraisal Report must be consistent with the Intended Use of the appraisal and, at a minimum: (i) state the identity of the client, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach or income approach must be explained; (ix) state the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: state all extraordinary assumptions and hypothetical conditions: and state that their use might have affected the assignment results; and (xii) include a signed certification in accordance with Standards Rule 2-3. 46 Page 946 of 1207 475.611 Florida Statutes: Definitions.-- (1) As used in this part, the term: (a) "Appraisal" or"appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or"foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser' means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 5._1.1_(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. 0) "Department" means the Department of Business and Professional Regulation. 47 Page 947 of 1207 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perfonm the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perfonm most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES,VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR)VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 48 Page 948 of 1207 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 49 Page 949 of 1207 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla.) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 50 Page 950 of 1207 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla.Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Boob'Uniform Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 Hours Florida Appraisal Law(2/9/2018) SEMINAR(AI) - 3 Hours"Parking Impact on Florida Properties"(5/4/2018) SEMINAR(AI) - 4 Hours"Technology Tips for Real Estate Appraisers"(9/21/2018) 51 Page 951 of 1207 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2 00 1. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act'before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 52 Page 952 of 1207 I of 5 Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vancevalgatt.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perforin the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation- APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida 1979-1981 Staff Appraiser -Real Property Analysts,Inc.,Fort Lauderdale,Florida 1976-1980 REALTOR-Associate-The Atwood Corporation,Fort Lauderdale,Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida. Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/inotels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes, Gas sales stations,Marinas,Mobile home parks, Shopping centers, Country clubs/golf courses, Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investiment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 53 Page 953 of 1207 2 of 5 F)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Fann Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Pahn Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Patin Beach,Broward County Board of County Coininissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environinental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney G)EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Course 1-A (AIREA)- Introduction to Appraising Real Property,1977,Passed Exam Course 1-B (AIREA)- Capitalization Theory and Techniques,1978,Passed Exam Course VIII(AIREA)- Residential Appraising,1978,Passed Exam Course SPP (AI) - Standards of Professional Practice,1992,Passed Exam Course 2-1 (AIREA)- Case Studies,1987,Passed Exam Course 2-2 (AIREA)- Report Writing,1987,Passed Exam Course R-2 (SREA) - Report Writing,1978,Passed Exam Course 202 (SREA) - Applied Income Property Valuation,1983,Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984,No Exam Course SPP (SREA) - Standards of Professional Practice,1989,No Exam Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - 1996 Data Exchange(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(1997) 54 Page 954 of 1207 3 of 5 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) - Valuation of Transferable Development Rights[TDR's] (1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida.State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) - Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) - National USPAP Course(2004) SEMINAR(AI) - Inverse Condemnation(2004) SEMINAR(AI) - Loss Prevention(2005) SEMINAR(AI) - Single Family Fraud Awareness(2005) SEMINAR(AI) - Guide to the new URAR form(2005) SEMINAR(AI) - Technologies for Real Estate Appraisers(2006) SEMINAR(AI) - The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) - National USPAP Update(2006) SEMINAR(AI) - Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) - Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) - Energy Star and the Appraisal Process(2006) SEMINAR(AI) - Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) - Real Estate Fraud(2007) SEMINAR(AI) - Forecasting Revenue(2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Government Regulations(2009) SEMINAR(AI) -Property Tax Assessment (2010) SEMINAR(AI) -7 Hour National USPAP (2010) SEMINAR(AI) -Florida.Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Book"(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) 55 Page 955 of 1207 4 of 5 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Lessons from the Old Economy Working in the New(2012) SEMINAR(Al) -Appraisal Review for General Appraisals(2012) COURSE(Al) -National USPAP Update(2012) SEMINAR(Al) -Florida Law(2012) SEMINAR(Al) -Land Valuation(2012) SEMINAR(Al) -Valuation of Warehouses(2012) SEMINAR(Al) -IRS Valuation(2012) SEMINAR(Al) -Business Practices and Ethics(2012) SEMINAR(Al) -Real Estate Forecast(2013) SEMINAR(Al) -Advanced Marketability Studies(2013) SEMINAR(Al) -Developing a Supportable Workfile(2013) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) SEMINAR(Al) -Hot Topics&Myths in Appraiser Liability(2018) COURSE(Al) -7 Hour National USPAP Update(2018) SEMINAR(Al) -Florida Law(2018) SEMINAR(Al) -Parking&Its Impact on Florida Properties(2018) SEMINAR(Al) -What's New in Residential Construction(2018) SEMINAR(Al) -Valuation Resources for Solar Photovoltaic Systems(2018) H)PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute-2006 Director of the South Florida Chapter of the Appraisal Institute 1996- 1998 Member of Region X(Florida.)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) Director of the Florida Association of REALTORS (FAR)-1981 Committee Member of the Florida Association of REALTORS,Education Committee 1980&1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS- 1981 and 1982; Member 1978,1979, 1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS 56 Page 956 of 1207 5 of 5 D PROFESSIONAL PUBLICATIONS&PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Gnide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS .n CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 57 Page 957 of 1207 DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 19-003 TO: Lori LaVerriere, City Manager FROM: Andrew Mack, Director of Public Works & Engineering DATE: January 24, 2019 SUBJECT: Vacant Lot (SW 24th Ave) PCN #08-43-45-32-01-002-0110 Per your request I have reviewed the written offer associated with the respective parcel noted above. Below is a summary of my findings and recommendations: Assessed value per PBC: $10,689 Appraised value per Vance Real Estate: $16,800 Offer from Ms. Bumgardner: $200 Building Size: Vacant Lot Size: 0.1289 Acres Based on the ongoing maintenance costs and non-buildable characteristics of the lot; staff recommends accepting Ms. Bumagrdner's offer conditioned the contract provisions include the following: Deposit: $200 minimum or 5% at contract execution and 5% upon expiration of due diligence whichever is greater. Due diligence period: 30 Days Closing: 30 Days upon expiration of due diligence Page 958 of 1207 9.D. CITY MANAGER'S REPORT 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Discuss disposition of the following City owned property: 1. 2240 South Congress Avenue (PCN #08-43-45-32-00-000-3030) EXPLANATION OF REQUEST: The City has received a written offer on the following City owned property: Parcel I D: #08-43-45-32-00-000-3030 Location: 2240 South Congress Avenue Size: 0.53 Acres Building Size: 5,331 SW (One Story) PBC Assessed Value: $643,742 Offer by: Mario Ferazzoli & Son, Inc. Offer Amount: $300,000 Appraised Value per Vance Real Estate: $413,000 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Staff has reviewed the offer and has identified two options for the Commission to consider: 1)Accept the property purchase offer or 2) Consider hiring a real estate broker/firm to market and sell the property HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Currently the Police Department utilizes the site for storage and limited operations. However, once the new PD is built those functions will be relocated. In the meantime, if the property is sold we may need to lease temporary storage space. FISCAL IMPACT: Budgeted The City spends approximately $15,000 annually to maintain the facility. Proceeds from the sale of the property would be deposited into the Capital Improvement Program Fund (302). Page 959 of 1207 ALTERNATIVES: See two options provided above. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Exhibit Exhibit 1A Property Information - 2240 S Congress Ave D Exhibit Exhibit 1 B Aerial Photo- 2240 S Congress Ave D Exhibit Exhibit 1C LOI/Offer - 2240 S Congress Ave D Exhibit Exhibit 1 D Appraisal by Vance Real Estate- 2240 S Congress Ave Page 960 of 1207 Page 1 of 1 Property Detail Location Address 2240 S CONGRESS AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-32-00-000-3030 Subdivision Official Records Book Page Sale Date Legal Description 32-45-43, WLY 248.50 FT OF N 1 21.82 FT OF S 541 FT OF NW 1/4 (LESS W 60 FT RD R/W) Owner Information Mailing address Owners BOYNTON BEACH CITY OF PO BOX 310 BOYNTON BEACH FL 33425 0310 Sales Information No Sales Information Available. Exemption Information Applicant/Owner Year Detail BOYNTON BEACH CITY OF 2019 FULL: MUNICIPAL GOVERNMENT Property Information Number of Units 0 *Total Square Feet 5331 Acres 0.53 Use Code 8900- MUNICIPAL Zoning PU - Public Usage (08-BOYNTON BEACH ) Appraisals Tax Year 2018 2017 2016 Improvement Value $304,363 $292,713 $283,673 Land Value $339,379 $323,218 $269,887 Total Market Value $643,742 $615,931 $553,560' All values are as of January I st each year Assessed and Taxable Values Tax Year 2018 2017 2016 Assessed Value $643,742 $608,916 $553,560' Exemption Amount $643,742 $608,916 $553,560' Taxable Value $0 $0 $0' Taxes Tax Year 2018 2017 2016 Ad Valorem $0 $0 $0' Non Ad Valorem $0 $0 $0 Total tax $0 $0 $0' Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 961 of 1207 https://www.pbcgov.org/papa/Asps/PropertyDetail/PrinterfriendlyPropertyPri... 1/7/2019 08-43-45-32-00-000-3030 �I, I k, �a c )tlfiy�,- rI � I i a I r' t ,s s+ � i Sly 1 t = t , l r n � LO I January 7, 2019 1:576 0 0.00475 0.0095 0.019 mi Farre QP of 1207 0 0.0075 0.015 0.03 km MARIO FERAZZOLI &SON, INC. 419 NE 4TH AVENUE BOYNTON BEACH, FL 33435 Ph:561-722-0462 City of Boynton Beach Attn: Lori Laverriere, City Manager 3301 Quantam Blvd Boynton Beach, FL 33426 October 30, 2018 Dear Ms. Laverrie: 1, Mario Ferazzoli, am the owner of Mario Ferazzoli &Son, Inc. located at 417 and 419 Railroad Avenue, 430 NE 3 d St., and showroom and office at 419 NE 411 Ave. My family and I have been operating a family tile and marble business in the same location for over 40 years. In that time, my business has grown along with the city of Boynton Beach, 1 have established strong community relations and greatly improved the area. The reason for this letter is to express my interest in purchasing the old fire station on 2210 Congress Avenue, north of 231d Avenue. My vision is to remodel, upgrade, and beautify the interior and exterior of the structure with landscaping, natural stone faq;ade and columns, and wrought iron gates. I intend to use this property as a showroom and storage only- no fabrication will take place on the premises. An approximate estimate of the resulting value of the property would be $500,000. Based on the above, I would like to purchase the property for$300,000, as I estimate it will cost $200,000 to turn it into something special. Please allow me this opportunity to make the city proud. You will not be disappointed. I invite the city manager and city members to visit our premises and observe the way in which we have improved and maintained our business properties. This offer is a win-win situation. Let's make it happen, Boynton Beach! if you would like to meet with me to discuss this project in more detail, please contact me at the above telephone number, Sincerely, Mario Ferazzoli Page 963 of 1207 APPRAISAL REPORT FORMER FIRE STATION PROPERTY 2240 S. Congress Avenue BOYNTON BEACH,FLORIDA by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for The City of Boynton Beach Attention: Mr. Andrew Mack Director of Public Works & Engineering 222 Northeast 9 Avenue Boynton Beach, FL 33435 January 1, 2019 Page 964 of 1207 Vance Real Estate Service sf, January 3, 2019 The City of Boynton Beach ` �`��`'�' Attention: Mr. Andrew Mack, Director of Public Works &Engineering ,`�srtf, 222 Northeast 9 Avenue Boynton Beach, FL 33435 i RE: Former Fire Station, 2240 S. Congress Ave., Boynton Beach, Florida (Legal description is in the report) Dear Mr. Mack: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of January 1, 2019. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to the City of Boynton Beach, Florida. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2018-2019). This report is for possible disposition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report including the Extraordinary Assumption that the zoning will be changed. FOUR HUNDRED THIRTEEN THOUSAND DOLLARS $413,000 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT R7TH FIFTY-FIVE(SS)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 �9wzoal� - Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 "MBA"REAL ESTATE MANAGEMENT AND DEVELOPMENT 7481 Northwest 4`h Street,Plantation,FL 33317-2204 954/583-2116 -- Page 965 of 1207 TABLE OF CONTENTS Page Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photos of the Valued Property 5 Aerial Photo of the Valued Property 7 Summary of Important Facts and Conclusions 8 DESCRIPTIONS,ANALYSES,AND CONCLUSIONS 9 Identity of the Client and Any Intended Users 10 Intended Use of the Appraisal 10 Identification of the Real Estate Involved in the Appraisal 10 Real Property Interest Appraised 10 Type and Definition of Value 10 Date of the Appraisal and Date of the Report 10 Scope of Work Used Develop the Appraisal 10 Use of the Real Estate as of the Date of Value and Use of the Real Estate Reflected in the Appraisal 11 Highest and Best Use of the Property 11 Extraordinary Assumptions or Hypothetical Conditions Utilized 11 Subject Agreements of Sale, Options or Listings as of the Effective Date of Appraisal 11 Subject sales within three (3)years prior to the Effective Date of Appraisal 11 Summary of the Information Analyzed, the Appraisal Methods and Techniques Employed, and the Reasoning That Supports the Analyses, Opinions, and Conclusions: 12 1-3-5 MILE MAP& DEMOGRAPHICS 13 SALES COMPARISON APPROACH—LAND VALUATION 17 RECONCILIATION & FINAL VALUE OPINION 40 Signed Certifications & Limiting Conditions 42 Boynton Beach, Public Use District Zoning 43 USPAP Standard Rule 2-2(a) (2018-2019) 44 Qualifications of the Appraisers 46 Page 966 of 1207 INTRODUCTION 4 Page 967 of 1207 y . t i c tM1 yN tx jl tp t eft �` �'l )�i��s}t Z'��' %X� '�`��"�Aa�sit tt}�(��y�t �iC��,�llf'�i;�`�i�tt Ott; '`�•�_.�"�� ' � ��;, t� t e�'�i�'��`�,yt�a�?��€��`}�� t Building SW Building Elevation Building Front tt 4� Looking South on Congress Avenue Looking North on Congress Avenue2 kr a 171 , I 4M,f u { Office Entrance South Driveway to Rear Parking y�At h y x2 m North Building Elevation Rear Building Elevation PHOTOS OF THE VALUED PROPERTY 2240 S. Congress Avenue Boynton Beach,Florida 5 Page 968 of 1207 r,mr°Jfi"�X �z . e b Internal Work Area Kitchen Jt�; 4� " 'tlb�, Vix Office Work Area Bathroom rc i NTMI gt t} Garage Area Bathroom , t 's 4i Jt ire .� n n {a� Garage Area PHOTOS OF THE VALUED PROPERTY 2240 S. Congress Avenue Boynton Beach,Florida 6 Page 969 of 1207 �I yy r � k n � niV µ vv �b It yj �S a WC u - c WW ft eq =ut,,.-;R1ty iSl��t�,�h, #i( rtf yr�3$V��} )��s� a<t�}k�� 1 �3f 17��i ii l)i,?„ � iii h. if fi�t4 to ft lfr lel yt,_ �n {1it,,: � �`••;�s{�) i �t"t N ' �Rt7 4:5��7UC5�`r,�sl a� �int 3i 5 n aoill:.u,�,�l'n i �r x,raunsi i+$A�SSaJ�3I,i4CJ 3� - �i{ii)�.'�1?��i�i' ,, ��u 4#?�` � .:_!u}�44 i t��s\��i 1�i'�'�t,t��tzil,., 44 t� ,;.k {fiuu u=S?ft�ni--�tr1��1d�u�u'�I`�S>•;- � u` �t � � � ,un��i� iib. u+ tt R £ W �1 `� s k jp i i ' }, u �ri r i 1u�p iti ;�f �i until}k -�f;O ,f SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Former City Fire Station 2240 S. Congress Avenue Boynton Beach, Florida OWNERSHIP: City of Boynton Beach, Florida LAND AREA: 23,987 square feet IMPROVEMENTS: 1-Story CBS Former Fire Station built in 1974 containing 5,331 square feet of enclosed building, designed and built for a fire station with three (3) overhead doors in the front plus three (3) overhead doors in the rear; a kitchen and three (3)bathrooms. Congress Avenue has six (6) travel lanes and 36,500 average cars per day passing the subject. ZONING: "PU"Public Utility Zoning NOTE: THE APPRAISERS MAKE THE EXTRA ORDINA R Y A SS UMPTION THAT THE SUBJECT LAND ZONING WILL BE CHANGED, PROBABLY TO ZONING PERMITTING MEDICAL USE SIMILAR TO THE PR OPER TYADJACENT TO THE SOUTH, WITH DEMAND FOR SUCH USE STRONG IN THE AREA WHERE THERE ARE TWO MAJOR HOSPITALS. APPRAISAL PURPOSE: To develop an opinion of Market Value as of January 1, 2019. INTEREST APPRAISED: Fee Simple Absolute title. CURRENT USE: City Police Department. HIGHEST AND BEST USE: As vacant: Medical-Use property such as an annex to the medical office building adjacent to the South. As improved: Demolition & re-development after re-zoning. DATE OF APPRAISAL(Value): January 1,2019 DATE OF REPORT: January 3,2019 VALUE BY THE SALES COMPARISON APPROACH- LAND VALUE: $413,000 FOUR HUNDRED THIRTEEN THOUSAND DOLLARS Exposure Time prior to attaining the cited value:Approximately One Year. 8 a Page 971 of 1207 DESCRIPTIONS, ANALYSES, CONCLUSIONS DESCRIPTIONS,ANALYSES,AND CONCLUSIONS Identity of the Client: City of Boynton Beach, Florida Intended Users: Client Intended Use of the A112raisal: Possible sale of the appraised property Identification of the Real Estate Involved in the Appraisal: Address: 2240 S. Congress Avenue, Boynton Beach, Florida Property Appraised: A one-story CBS Fire Station building built in 1974 containing a total 5,331 square feet of enclosed building situated on 23,087 square feet of land currently zoned "PU" Public Utility, but valued under the Extraordinary Assumption that the zoning is changed in order to facilitate sale of the property. Interest Appraised: Fee Simple Absolute Title Legal Description: The westerly 248.50 Feet of the North 121.82 Feet of the South 541 Feet of the NW 1/ of Section 32, Township 45 South, Range 43 East of Palm Beach County, Florida, less the West 60 Feet for Road Widening). County Tax Folio Number: 08-43-45-32-00-000-3030 Improvements Assessed Value: $304,363 Land Assessed Value: $339,379 Total assessed value: $643,742 Real Estate Taxes: N/A Existing Land Zoning: "PU" Public Utility `Assumed" Land Value: Commercial Value Type and Definition: Market Value,or Fair Market Value is"the price at which the property would change hands between a willing buyer and a willing seller,neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts. The market value of a particular item of property includable in the decedent's gross estate is not to be detennined by a forced sale price. Nor is the fair market value of an item of property the same price in the market other than that in which such item is most coiurnonly sold to the public,taking into account the location of the item wherever appropriate."Source:Treas. Reg. §20.2031-1(b) Florida Court Definition: "Market Value is the price that a seller willing,but not compelled to sell, and a buyer willing,but not compelled to buy,would agree to in fair negotiations with knowledge of all the facts." [Source:Fla.Power&Light Co., v.Jennings, 518 So.2d 895(Fla. 1987)] Date of Appraisal(Value): January 1, 2019 Date of Report: January 3, 2019 Scope of Work: The appraisal problem is to develop an opinion of value of the subject property based on its highest and best use under the "Extraordinary assumption" that the land is rezoned to permit some form of medical service. The appraisers inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting similar sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including Co Star Group, Loopnet, County Property Appraiser records,the public records, and data from the appraiser's plant. The appropriate valuation methodology is Sales Comparison—Land Valuation. Page 973 of 1207 DESCRIPTIONS, ANALYSES,AND CONCLUSIONS Scone of Work(continued): The appraiser compared the most recent and similar commercial land sales to the valued property, adjusting for differences. The adjusted unit prices were reconciled into a final value opinion for the property by the Sales Comparison Approach. The Cost and Income Approaches are not applicable in this land valuation and are not used. The appraisers final current market value represents the most probable price obtainable under the special"Extraordinary Assumption"that the zoning is changed to commercial Use of the Real Estate As of the Date of Value: A small City Police Unit. Use of the Real Estate Reflected in the Appraisal: Probable health-care related. Highest and Best Use of the Property: The proposed use after zoning is changed. Extraordinary Assumptions or Hypothetical Conditions Utilized: "Extraordinary Assumption" that the zoning is changed to commercial permitting a health-care facility to be built and operated. Subiect Agreements of Sale, Options, or Listings as of the Effective Date of the Appraisal: There is an offer to purchase the property for $300,000 for use as a showroom for marble sales and storage. This is not a permitted use in the "PU" district. Further, the appraisers opine that this is not a compatible use for the area and will not be accepted by the neighborhood. Subiect Sales within Three Years Prior to the Effective Date of the Appraisal: None. Page 974 of 1207 Summary of the Information Analyzed, the Appraisal Methods and Techniques Employed, and the Reasoning That Supports the Analyses, Opinions, and Conclusions 12 Page 975 of 1207 1 - 3 - 5 MILE MAP DEMOGRAPHICS . Lake,,, 111G�"`due F1 � a ,n� h u; �th Rd h Worth { -x 87t'P �M VNnrih Rd �. Cax idor { e.) �� s�z,Lake' ortYal L � ak�+Vu� MrlaleucaL' GthA < Lake u T. �f u l"k15 i € Athnfis €' }t c. antanRd ' 1 � Lantana i3 R' oluxoRd ,_ �— _.�mk,pDI' I,Rd, . G � 'Millet Rd ' r IS it' LAI 1t �f 4 ��, d�� •'r a { W 3 Old Benton Rd W..Soyn:tan-Besr_h Ihr "�...._a Sh�'BWhtan.B P,ft}fCl#aa Beach { ar.4E+zt h, Rd fid 4 �. -:. r u<tal Coun11 :lub SW 73 g i � Hunlels n si 11u 'nlf _ f°°ter 1 x plc.`s d LOi1S r ,4 E .NN i 1GLak@lda Rd King e@¢rt � Lry ion Blvd ��W i"'St is t9r-nai i 4,tcsnBlvd _l ub FIR gh[a Ind 4L 7, Beach Cunnjl;lub I� �F Ic - lubof6�'ti�' . .1 a Ik1b 7 I '�IlntMooreRd - �IirilMt�c�rand ".,4 '+t5rlthl � 1�7 {�66 e-u iSLi'�e B I o"o n..,rlunrl ".. WhIsperWa6ktll �luh lull Go lk a t'�mics R d U LII V a o Rd 1-3-5 MILE RADII FROM THE VALUED PROPERTY 2240 S. Congress Avenue Boynton Beach, Florida 14 Page 977 of 1207 • Gesn" 2240 S Congress Ave, Boynton Beach, Florida, 33426 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii _ ' . '�.: ., 1 mile 3 miles 5 miles Population 2000 Population 10,262 83,948 195,593 2010 Population 10,959 92,720 221,765 2018 Population 11,345 100,840 242,720 2023 Population 11,741 106,773 257,101 2000-2010 Annual Rate 0.66% 1.00% 1.26% 2010-2018 Annual Rate 0.42% 1.02% 1.10% 2018-2023 Annual Rate 0.69% 1.15% 1.16% 2018 Male Population 44.7% 47.1% 47.0% 2018 Female Population 55.3% 52.9% 53.0% 2018 Median Age 57.2 51.6 52.1 In the identified area, the current year population is 242,720. In 2010, the Census count in the area was 221,765. The rate of change since 2010 was 1.10% annually.The five-year projection for the population in the area is 257,101 representing a change of 1.16% annually from 2018 to 2023. Currently, the population is 47.0% male and 53.0%female. Median Age The median age in this area is 57.2, compared to U.S. median age of 38.3. Race and!Ethnicity 2018 White Alone 67.8% 67.6% 68.0% 2018 Black Alone 26.2% 25.5% 24.3% 2018 American Indian/Alaska Native Alone 0.2% 0.2% 0.2% 2018 Asian Alone 1.6% 1.9% 2.2% 2018 Pacific Islander Alone 0.0% 0.0% 0.0% 2018 Other Race 2.2% 2.5% 3.1% 2018 Two or More Races 2.1% 2.2% 2.2% 2018 Hispanic Origin (Any Race) 10.4% 12.8% 14.1% Persons of Hispanic origin represent 14.1% of the population in the identified area compared to 18.3% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 60.5 in the identified area, compared to 64.3 for the U.S. as a whole. Households 2000 Households 5,074 38,701 87,839 2010 Households 5,139 42,587 100,046 2018 Total Households 5,293 46,182 108,626 2023 Total Households 5,473 48,876 114,757 2000-2010 Annual Rate 0.13% 0.96% 1.31% 2010-2018 Annual Rate 0.36% 0.99% 1.00% 2018-2023 Annual Rate 0.67% 1.14% 1.10% 2018 Average Household Size 2.10 2.16 2.21 The household count in this area has changed from 100,046 in 2010 to 108,626 in the current year, a change of 1.00% annually. The five- year projection of households is 114,757, a change of 1.10% annually from the current year total. Average household size is currently 2.21, compared to 2.19 in the year 2010.The number of families in the current year is 62,491 in the specified area. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. December 21, 2018 15 Page 978 of 1207 • Gesn" 2240 S Congress Ave, Boynton Beach, Florida, 33426 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii _ ' . '�.: ., 1 mile 3 miles 5 miles Median Household Income 2018 Median Household Income $44,414 $52,436 $53,701 2023 Median Household Income $51,362 $59,945 $61,564 2018-2023 Annual Rate 2.95% 2.71% 2.77% Average Household Income 2018 Average Household Income $68,423 $77,597 $78,037 2023 Average Household Income $80,775 $91,735 $92,390 2018-2023 Annual Rate 3.37% 3.40% 3.43% Per Capita Income 2018 Per Capita Income $33,319 $36,071 $35,407 2023 Per Capita Income $39,145 $42,525 $41,711 2018-2023 Annual Rate 3.28% 3.35% 3.33% Households by Income Current median household income is$53,701 in the area, compared to $58,100 for all U.S. households. Median household income is projected to be $61,564 in five years, compared to $65,727 for all U.S. households Current average household income is$78,037 in this area, compared to $83,694 for all U.S. households. Average household income is projected to be $92,390 in five years, compared to $96,109 for all U.S. households Current per capita income is $35,407 in the area, compared to the U.S. per capita income of$31,950. The per capita income is projected to be $41,711 in five years, compared to $36,530 for all U.S. households Housing 2000 Total Housing Units 5,620 46,278 103,244 2000 Owner Occupied Housing Units 3,932 29,576 68,971 2000 Renter Occupied Housing Units 1,142 9,125 18,868 2000 Vacant Housing Units 546 7,577 15,405 2010 Total Housing Units 6,056 53,563 122,807 2010 Owner Occupied Housing Units 3,708 30,200 74,834 2010 Renter Occupied Housing Units 1,431 12,387 25,212 2010 Vacant Housing Units 917 10,976 22,761 2018 Total Housing Units 6,120 57,209 131,221 2018 Owner Occupied Housing Units 3,614 30,389 75,129 2018 Renter Occupied Housing Units 1,679 15,793 33,496 2018 Vacant Housing Units 827 11,027 22,595 2023 Total Housing Units 6,335 60,119 137,877 2023 Owner Occupied Housing Units 3,833 32,563 80,458 2023 Renter Occupied Housing Units 1,640 16,313 34,299 2023 Vacant Housing Units 862 11,243 23,120 Currently, 57.3% of the 131,221 housing units in the area are owner occupied; 25.5%, renter occupied; and 17.2% are vacant. Currently, in the U.S., 56.0% of the housing units in the area are owner occupied; 32.8% are renter occupied; and 11.2% are vacant. In 2010, there were 122,807 housing units in the area - 60.9% owner occupied, 20.5% renter occupied, and 18.5% vacant. The annual rate of change in housing units since 2010 is 2.99%. Median home value in the area is$229,081, compared to a median home value of$218,492 for the U.S. In five years, median value is projected to change by 2.56% annually to$260,000. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2018 and 2023. Esri converted Census 2000 data into 2010 geography. December 21, 2018 16 Page 979 of 1207 SALES COMPARISON APPROACH LAND VALUATION SUBJECT & LAND SALE LOCATION MAF' Ax"JI-1 i 1 � ,yap m ti 4i c i a ` �ll� r rL �sszLL I_ d LL &8 ri t rn t r r V, �31 �� m i 7� SALE oT H t f i T�0 �'s �l A�it" {4 (i � �a e SR IIJ %a2 [ii �,��{ Ifi �z sRsoz sRso� ssra0z jil III SRBL I pis r �..l t!, Aen.,,r„ s , �t f BOBl� 6TeA NIELALEU CA jLhJ { � i! � � I " r a r•� "'" i f �'"""i `` i! (1 r it ! tIm [ I t oll (ii I63 Iia ! t� �i rt �lj ljiy �� I U 63 f a a ' ll !�� P P�Y� lyre SR 812 SR 81 2SR 812 ,�..�... SR 812W LANTA IVA RD iAf LAfVTANA�RC7 fm ..� { ! of l t izi „ate n ,f o o� G) _ �) ®� � � 0 o m - ' ElBOB I., t! t a _ 7 ! _ ,i @�• -- 'v{ �. (I� 711 GATEWAAY'BLVO i l *cs !! m - '—" i - ; ,`• t _ �..,SF,.� -�. .a -�L .iI � meq,.!. 1 ; _ zl Tr 'TE ZEE �F rIt ,��I iii �a141 _A .l ell � AL �� —sna L alt r '_tf sfla r 1 ( V F- T uBiE M SALE ; z Ge Rn swu,zs j Au,E� - a � �E t o] L L. . .- ❑ I!.s�r �� IN 7rJ6 �f �r T. II lj �SofiA. — Mi Data use subject to license- 0 oeLorme QeLorme Street Atlas USA6 2009- 0 7!2 1 1% 2 21/2 www-delorme.com VAN(8.7° ) Data Zoom 11-0 18 Page 981 of 1207 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lengthy, See copy of Warranty Deed following. RECORDED O. R. Book 29713,Page 1191 GRANTOR Blanca Moreda,u/w GRANTEE JKM Boynton ALF,LL DATE OF SALE March 9, 2018 LOCATION 11758 S. Military Trail Boynton Beach,FL ZONING "AR"Agricultural Residential LAND USE 0101 —Single Family-Commercial Zoning CRA District Federal Highway District—South SALE PRICE $370,000 LAND SIZE 22,355 square feet(80 feet x 279.44 feet) UNITS OF COMPARISON $16.55 per square foot of land AADT TRAFFIC COUNT 34,500 avg. cars per day PARCEL CONTROL NO. 11-42-45-36-00-000-7040 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Jim Knight—Selling Broker COMMENTS Site is approved for 148 Bed Assisted Living Facility (ALF). 19 Page 982 of 1207 r 7 t Y �r 3 1 A l AERIAL PHOTO OF LAND SALE NO. 1 11758 S. Military Trail Boynton Beach, Florida 20 Page 983 of 1207 C.FN 2CoI c3o--#C,9413`53x IOR BK 29713 PG 1191 RECORDED 03/15/2018 15:32:55 ANT 370,000.00 This instrument prepared by and Da_ Stamp 2,590.00 When recorded return to: Palm Beach County, Florida. Sharon R. Bock,CLERY h COMPTROLLER fti35 1191 - 11939 (3p9s) JBoon, Grave de Peralta, Esq. I PG Law pion Blvd., Suite Gl 1-281 Florida 33496 1561.325.6510 42-45-36-00-000-7040 o Q Space Above This Line For Recording Data O SPECIAL WARRANTY DEED THIS INTURE, made the day of March, 2018, by Blanca Moreda, an unmarried woman,`Individually and as Trustee of the Blanca Moreda Revocable Trust dated December 23, 1998, Ch6se address is 4755 Technology Way, Suite 205, Boca Raton, Florida 33431 ("Grantor") to Boynton ALF, LLC, a Florida limited liability company, whose address is 2300 Glades Suite 202E, Boca Raton, Florida 33431 (hereinafter collectively called the "Grantee"). WITNESSETH: THAT GRANTOR, for n consideration of the sum of Ten Dollars ($10.00) and other good and valuable const e 'on, the receipt and adequacy of which is hereby acknowledged, hereby grants, bar sells, remises, releases, conveys and confirms unto Grantee, certain real property located lm Beach County, Florida, which is more particularly described on Exhibit"A" attached her ��incorporated herein. SUBJECT TO easements, restrions, reservations, limitations and other matters of record and to taxes for 2018 and subsequent years. TOGETHER with all the easements, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor will warrant and defend the Property against the against the lawful claims of all persons claiming by, through or under Grantor, but against none other, subject to taxes accruing subsequent to December 31, 2017, government ordinances and regulations, and covenants, easements and restrictions of record, if any, provided that this reference shall not serve to reimpose same. (Signatures appear on the following page) 21 PG 1030-0007 Page 984 of 1207 Book29713/Page1192 CFN#20180098531 Page 2 of 3 (Page 2 of Special Warranty Deed) IN WITNESS,WHEREOF, Grantor has executed this Special Warranty Deed as of the d y a ear set forth above. Q Sign aled and d livered in th se e A " \ Print me: 4 B an a ore , as Trustee of the Blanca Moreda JvocRe Trust dated December 23, 1998, Print Name: V44vi Blanc More a, individually State of Florida p County of Palm Beach The foregoing Special *y Deed was acknowledged before me this J day of March, 2018, by Blanca Moreda, ani arried woman, individually and as Trustee of the Blanca Moreda Revocable Trust dated Decz_VE personall known to me or' has produced a Florida driver's license as Nota blic Na e: (Notary Seal) Commission Expires: STEPHEN J.GRAVE DE PERALfA s Commission#FF 123297 _ fa, Expires May 14,2018 80nd*d Thu Tnry Fpm Inmmnp 800,3854019 . 22 PG 1030-0007 Page 985 of 1207 Book29713/Page1193 CFN#20180098531 Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION te h Seventy feet (70') of the West half(W 1/2) of the Northwest quarter (NW 1/4) of the So e� quarter (SW 1/4) of the Southwest quarter (SW 1/4) of Section 36, Township 45 Sou nge 42 East. AND 1 0 QP The South Te&feet (10') of the West half (W 1/2) of the Southwest quarter (SW 1/4) of the Northwest q (NW 1/4) of the Southwest quarter (SW 1/4) of Section 36, Township 45 South, Range , LESS Road-Right-of-Way. SAID LANDS ALWITUATE IN PALM BEACH COUNTY,FLORIDA. 0 23 PG 1030-0007 Page 986_of 1207 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lengthy, See copy of Warranty Deed following. RECORDED O. R. Book 29202,Page 0673 GRANTOR Voloshin Realty LLC GRANTEE Onyx III LLC DATE OF SALE June 27,2017 LOCATION 3181 S. Military Trail Lake Worth Area of Palm Beach County,Florida ZONING "CG" General Commercial LAND USE Commercial SALE PRICE $400,000 LAND SIZE 23,531 square feet(97 feet x 242.59 feet) UNITS OF COMPARISON $17.00 per square foot of land AADT TRAFFIC COUNT 37,000 average cars per day PARCEL CONTROL NO. 00-42-44-24-01-000-0162 CONDITIONS OF SALE Sale included 1st mortgage with JPMorgan Chase Bank (72% Loan to Price ratio) at the market rate and terms. CONFIRMED Seller's Office:Voloshin Realty LLC COMMENTS For commercial development. 24 Page 987 of 1207 TV I , 4 iI � :fir �„' ! I 'i•y ! � y}�41�� ;�� 40z n a 1 AERIAL PHOTO OF LAND SALE NO. 2 3181 S. Military Trail Unincorporated Palm Beach County, Florida (Lake Worth area) 25 Page 988 of 1207 C.FN 2CoI c3o--#C,9413`53x IOR BK 29713 PG 1191 RECORDED 03/15/2018 15:32:55 ANT 370,000.00 This instrument prepared by and Da_ Stamp 2,590.00 When recorded return to: Palm Beach County, Florida. Sharon R. Bock,CLERY h COMPTROLLER fti35 1191 - 11939 (3p9s) JBoon, Grave de Peralta, Esq. I PG Law pion Blvd., Suite G11-281 Florida 33496 1561.325.6510 42-45-36-00-000-7040 o Q Space Above This Line For Recording Data O SPECIAL WARRANTY DEED THIS INTURE, made the day of March, 2018, by Blanca Moreda, an unmarried woman,`Individually and as Trustee of the Blanca Moreda Revocable Trust dated December 23, 1998, Ch6se address is 4755 Technology Way, Suite 205, Boca Raton, Florida 33431 ("Grantor") to Boynton ALF, LLC, a Florida limited liability company, whose address is 2300 Glades Suite 202E, Boca Raton, Florida 33431 (hereinafter collectively called the "Grantee"). WITNESSETH: THAT GRANTOR, for n consideration of the sum of Ten Dollars ($10.00) and other good and valuable const e 'on, the receipt and adequacy of which is hereby acknowledged, hereby grants, bar sells, remises, releases, conveys and confirms unto Grantee, certain real property located lm Beach County, Florida, which is more particularly described on Exhibit"A" attached her ��incorporated herein. SUBJECT TO easements, restrions, reservations, limitations and other matters of record and to taxes for 2018 and subsequent years. TOGETHER with all the easements, tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor will warrant and defend the Property against the against the lawful claims of all persons claiming by, through or under Grantor, but against none other, subject to taxes accruing subsequent to December 31, 2017, government ordinances and regulations, and covenants, easements and restrictions of record, if any, provided that this reference shall not serve to reimpose same. (Signatures appear on the following page) 26 PG 1030-0007 Page 989 of 1207 Book29713/Page1192 CFN#20180098531 Page 2 of 3 (Page 2 of Special Warranty Deed) IN WITNESS,WHEREOF, Grantor has executed this Special Warranty Deed as of the d y a ear set forth above. Q Sign aled and d livered in th se e A " \ Print me: 4 B an a ore , as Trustee of the Blanca Moreda JvocRe Trust dated December 23, 1998, Print Name: V44vi Blanc More a, individually State of Florida p County of Palm Beach The foregoing Special *y Deed was acknowledged before me this J day of March, 2018, by Blanca Moreda, ani arried woman, individually and as Trustee of the Blanca Moreda Revocable Trust dated Decz_VE personall known to me or' has produced a Florida driver's license as Nota blic Na e: (Notary Seal) Commission Expires: STEPHEN J.GRAVE DE PERALfA s Commission#FF 123297 _ fa, Expires May 14,2018 80nd*d Thu Tnry Fpm Inmmnp 800,3854019 . 27 PG 1030-0007 Page 990 of 1207 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 1, 2, 3 and 4, Block "C," PENCE'S SUBDIVISION NO. 1, Plat Book 1, page 33, Palm Beach County, FL, less the east 13 feet of Lots 1 and 4 for Federal Highway RECORDED O. R. Book 29241,Page 1523 GRANTOR Hidden Brook Corporation GRANTEE Exsorro One,Inc. DATE OF SALE July 25,2017 LOCATION 601 South Federal Highway Boynton Beach,FL ZONING "C-3"Community Commercial PROPOSED LAND USE Mixed Use, medium intensity CRA District Downtown District SALE PRICE $1,250,000 LAND SIZE 52,507 square feet UNITS OF COMPARISON $23.81 per square foot of land AADT TRAFFIC FLOW 19,500 average cars per day PARCEL CONTROL NO. 08 43 45 28 07 003 0010 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Vacant parcel with street frontage on three sides: South Federal Highway, SE 4 Street and SE 5 Avenue. The east portion of the site will be improved with an office; the west will have 28 residential units. 28 Page 991 of 1207 a y +tk 4 n 1 c t� Rib AERIAL PHOTO OF LAND SALE NO. 3 412 SE 4th Street Boynton Beach, Florida 29 Page 992 of 1207 I II11!!IIIII II III 11!11 II111 Illtl IIIII tlll Ifll C=1=N 203179_J242754 OR PK 29202 F'G A36 r 3 PREPARED BY&RETURN TO: RECORDED 07/07/2017 09.05:57 Will Call#224 AMT 400 Y O00.00 Name: Law Office of Stella Suarez-Rita,P.A. Doi_ Stamp 2Count9 y Palm Beach Doc Florida Address: 12783 W. Forest Hill Blvd Sharon R. Bol_k,CLERY, b COMPTROLLER ite 9-A Pas (1673 - 6749 (2p3s) lington,FL 33414 e No. RE17-0015 Parcel No.. 2-44-24-01-000-0162 �o SPACEVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA This WATY DEED,made the 27th day of June, 2017,by VOLOSHIN REALTY LLC,A FLORIDA LIMITED LIABIL �ON PANY, , hereinafter called the Grantor, to ONYX III LLC, A FLORIDA LIMITED LIABILITY COMPANY mg its principal place of business at 48 N. Lake Shore Dr,Hynoluxo,FL 33462,hereinafter called the Grantee: WITNESSETH: Tha rantor, for and in consideration of the sum of$10.00 and other valuable consideration, receipt whereof is hereby ackno d, does hereby grant,bargain, sell, alien,remise,release,convey and confirm unto the Grantee all that certain land situat 'n my of Palm Beach, State of Florida,viz: 0 The East 325 feet of the Sa eet of the North one-half(1/2)of Tract 12,MODEL LAND COMPANY SUBDIVISION of the Nort If(1/2)of Section 24,Township 44 South,Range 42 East,Palm Beach County,Florida,according t lat thereof as recorded in Plat Book 5,Page 76,Public Records of Palm Beach County,Florida. Less and Excepting the East 15 feVas conveyed to Palm Beach County in Deed Book 860,Page 465 and the West 13 feet of the East 28 feet of thth 96 feet as conveyed in O.R.Book 1100,Page 443,Public Records of Palm Beach County,Florida. t Property Address: 3181 S.Military Tr=Worth,FL 33463 Consideration/Purchase Price: $400,000.0&=�� TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO TAXES FOR THE YEAR 2017 AND SUBSEQUENT YEARS, RESTRICTIONS, RESERVATIONS,COVENANTS AND EASEMENTS OF RECORD,IF ANY. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple, that the Grantor has good right and lawful authority to sell and convey said land and that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. Grantor further warrants that said land is free of all encumbrances,except as noted herein and except taxes accruing subsequent to December 31,2016. Page 1 of 2 30 Page 993 of 1207 Book29202/Page674 CFN#20170242754 Page 2 of 2 IN WITNESS WHEREOF, the said Grantor has signed and scaled these presents on behalf of the company, the day and year first above written. Signed, led a delivered in the presence of VOLOSHIN REALTY LLC, A FLORIDA LIMITED LIABILITY COMPANY Witness ure Printed Na ��Qin C� �nd(�l p By: , L.S. Name:Bart Voloshin Title:Manager Member Witness Signature Printed Name: Carla C.Fumo Address(Principal Place of Business): 1141 S. Military Trt, West Palm Beach,FL 33415 STATE OF FLORIDA COUNTY OF PALM BEACID 0 The foregoing instrum acknowledged before me this 27th day of June,2017,by Bart Voloshin,as Manager Member of VOLOSHIN REAL ,a Florida limited liability company. He (she)is personally known to me or has produced AC4 %s identification. u c�� O,�F,iiY PUB(i CARLAFURNO Signature of Notary * * MY COMMISSION#FF 085157 Printed Name: Carla C.Furno EXPIRES:February 9,2018 My commission expires: _"1.F F0P\oe Bonded Thru Budget Notary Services CJ Page 2 of 2 31 Page 994 of 1207 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION The south 100 feet of Lot 2, LEE MANOR ISLES, Plat Book 24, page 211, Palm Beach County, FL, less right-of-way for Federal Highway RECORDED O. R. Book 29355,Page 1851 GRANTOR Anand Patel et al GRANTEE Exsorro One,Inc. DATE OF SALE September 21, 2017 LOCATION 1320 South Federal Highway Boynton Beach,FL ZONING "C-1"Office Professional PROPOSED LAND USE Mixed Use, medium intensity CRA District Federal Highway District—South SALE PRICE $565,000 LAND SIZE 22,686 square feet UNITS OF COMPARISON $24.91 per square foot of land AADT TRAFFIC FLOW Average 21,000 cars per day PARCEL CONTROL NO. 08 43 45 27 05 000 0021 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Vacant parcel at the northeast corner of South Federal Highway and Riviera Drive. 32 Page 995 of 1207 C-1=N 201703340:91 '3 OR BK 29355 PG 1851 RECORDED 09/22/2017 12:28:30 AMT 5L59O00.00 Doan Stamp 3P955.00 Prepared by and return to: Palm Beach County► Florida Sharon fie BockrCLERY, & COMPTROLLER Kenj e . Kaleel, PA Pss 1851 - 1852; (2p3s) 54 N 4t e Delra a h,FL 33483 561-279 File Num sorro.Anand17 0 .Property Con : 08-43-45-27-05-000-0021 [Space Above This Line For Recording Data] DO Trustee's Deed This Trustee's Deede this 21st day of September, 2017 between Anand Patel, Individually and as Trustee, of the Anan` atel Revocable Trust dated 8/19/1997 whose post office address is 648 Riviera Dr, Boynton Beach, F 35, grantor, and Exsorro One, Inc., a Florida corporation whose post office address is 217 N Seacrest . #945, Boynton Beach, FL 33425, grantee: (Whenever used herein the ter s nor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of indiv' d the successors and assigns of corporations,trusts and trustees) Witnesseth, that said grantor, for an$i '�"'nsideration of the sum TEN AND NO/100 DOLLARS ($10.00)and other good and valuable considerations to said gran hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said gr- e d grantees heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, lorida,to-wit: The South 100 feet of Lot 2, Manor Isles, according to the Plat thereof, as recorded in Plat Book 24, page ublic Records of Palm Beach County, Florida, LESS right of way for State RL . 5, as in O. R. Book 138, page 229, Public Records of Palm Beach County, Subject to taxes for 2017 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 648 Riviera Dr, Boynton Beach, FL 33435 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. 33 DoubleTimeo Page 996 of 1207 Book29355/Page1852 CFN#20170334018 Page 2 of 2 Signed,sealed and delivered in our presence: Anand Patel, Trustee, of the Anand Patel Revocable Trust dated 8/19/1997 Rn s By: CC)—� �J• 6 , F'a)ZEP Witnes e: Anand Patel, Individually and as Trustee(s) Witness N Katmeen R. Price State of Florida C� County of Palm Beach The foregoing instrumen acknowledged before me this 21st day of September, 2017 by Anand Patel, Individually and as Trustee Anand Patel, Trustee, of the Anand Patel Revocable Trust dated 8/19/1997, on behalf of said firm. He/she ``kk ee ers/onally known or [X] has pro ucea * er's license as identification. y`y�k'NiFI Q Q / ��N..\ti,` KI�TN [Notary Seal] .� °�pM�1/S Not y u lic =o:• �� .r' Printed Name: �d p;• #FF�1 � �• My Commission Expires: Ci .�?7edthN • ``� OF ti Trustee's Deed-Page 2 34 Double 967 of 1207 �4 y a p ' AERIAL PHOTO OF LAND SALE 4 1320 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 35 Page 998 of 1207 m LLm m m .� Ln a n v > ao 00 o n >�. ao 10 N N N c 01 N N N N c O W cu 7 0 u p O O N W 00 > O a 06 u m �y 00 N N c LL 10 N u r �n y O vO vO vO vO O o a ^� a` c � O E c c c c N u v W a cu v v n o 0 Q F v m m O ± - QIcu 0 ID w w O06 ri O O ti C � v $ o C o ao as . ^ a O 00 N W o .—i 00 mo i+ 'O 00 - m 00 c Q 14 vmi v`^i N V a o 0 01 0 � lD u"1 N O •' O a 00 YI 0 ± 0 + o 00 m ti O N + .ti + .ti O 00 0 N 0 — C C 0�{ F Lq 'O DI •� �f1 m 0 00 00 00 F Z t0 0 g N N �f1 N N Q v cu Z W Z O O p O > W J 7 O O 0 O F Q OG O O tD u M � � a aa 06 00 as m Z ti ti ti tiN O J F O O O O O N Q VQ1I DI 0 \ a m Io r, m m > O O O O o O IO J L T J T J ; J J F LL F LL 3 LL = LL Q LL Q i L L 2 L L N L '� r « S m m u F v m asd ,y — N _ O a L m W r m Z m M m Z I as g g N c 3 as = LL o m O c O LL O v 0 Z N c Y y7 C N H C Q Ln W NN O O Q N m N 1 m M m N m > 'i M N N SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach, the appraiser compares like property to like property. To do this each sale property is compared to the property appraised. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market place. The approach is based on the Principle of Substitution that affirms the maximum value of a property tends to be set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays encountered in making the substitution. The steps of this procedure are: 1) Locate and collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare the sales to the subject using significant,market-derived units of comparison. 5) Reconcile value indications from the comparisons into a value by this approach. The subject of this appraisal is a 1-story CBS building structure built in 1974 as a Boynton Beach municipal fire station and police station. The building is in two main sections. The north section has a ceiling height of eighteen feet(18') and contains 3,087 square feet and the south section has a ceiling height of ten feet (10') with a total 2,244 square feet. Total enclosed building size is 5,331 square feet. Land zoning is "PU" Public Facility Zoning which limits the property use to Public Facilities. The city is considering selling the property which would require a zoning change. It is not feasible to use the existing improvements "as-is" and the cost to change the building structure for most alternate uses is also excessive, leading to the appraiser's opinion that any probable approved alternate use would require the existing improvements to be demolished and removed. Based on the appraiser's survey of improvements in the subject area, the appraisers opine that the most probable alternate use that would be approved by the neighborhood and the city is for some type of medical service building. Since the building immediately to the south is improved with medical offices, the owners of that facility are prime prospects to purchase the property at an acceptable price for a ,'medical annex"to the existing medical office building. Since the appraisers demolish the existing improvements to make way for a medical-use type building, after a zoning change and other required permits, a search was conducted to find sales of the most similar commercial vacant land sites in the subject market area. The appraisers found four (4) vacant commercial land sales in the subject market area, itemizing them on separate sale sheets, and listing them on an improved sale comparison and adjustment chart(see chart in report). 37 Page 1000 of 1207 SALES COMPARISON APPROACH UNITS OF COMPARISON Units of comparison are components into which a property is divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the bases of significant measures such as price per square foot, price per cubic foot, etc. The appropriate units of comparison come from the market. The most relevant unit of comparison for this valuation is the Sale Price per Square Foot of LAND. The range of square foot unit sale prices from the four improved sales, before adjustments,is $16.55, $17.00, $23.81 & $24.91. ELEMENTS OF COMPARISON Elements of comparison are the characteristics ofproperties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements of comparison that maybe considered in sales comparison analysis. The first group is termed transactional adjustments being: real property rights conveyed, financing terms, condition of sale, expenditures made immediately after purchase and market conditions. The second group is property adjustments consisting of location, physical characteristics, economic characteristics, use, and non-realty components of value. Each is hereafter addressed. Real Property Rights Conveyed A transaction price is usually predicated on the real property interest conveyed. The land sales were all the sales of Fee Simple Interests requiring no adjustments. Financing Terms Financing terms may have a bearing on the price paid for a property. Land Sales No. 1, 3 & 4 were for all cash. Land Sale No. 2 included a conventional mortgage with JPMorgan Chase for 72% of the purchase price. Na adjustments are required for this element of comparison. Conditions of Sale All sales were arm's length transactions. No adjustments are required. Expenditures Made Immediately After Purchase No atypical major expenditures were made immediately after the purchases of the properties. 38 Page 1001 of 1207 SALES COMPARISON APPROACH Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Each land sale was adjusted at the rate of 3% per annum for increases in land prices from the dates of sale to the current date of valuation. Following are property adjustments: Location The main differences between the four commercial land sales and the subject property under the Extraordinary Assumption that a zoning change will be made to some medical-use or other commercial zoning category are differences in Annual Average Daily Traffic flows (AADT) past each sale property and the subject property (See Vacant Land Sale Comparison& Adjustment Chart for those differences and adjustments). Physical Characteristics Physical characteristics considered for adjustments are those that cause a difference in prices paid in the market. The two categories of adjustments shown on the cited chart are: 1) Subtraction of the cost of demolition, clearing and dumping of the subject improvements from each sale; and 2) subtraction of Costs of affecting a zoning change for the subject property. Those costs are shown on the cited chart with costs derived from Marshall Valuation Service, adjusted for Time and Location. Economic Characteristics There are no significant economic characteristic differences between the land sales and the subject, as vacant land, so no adjustments are made. Non-Realty Components of Value Non-realty components of value are personalty, business concerns, or other items that do not constitute real property, but can be included in the sale price of either the comparable or the subject property. There are no non-realty components of value included in the valuation. Use For properties to be comparable, they should have similar Highest and Best Uses. The Highest and Best use of the subject and vacant commercial land sales is for medical, office or acceptable commercial uses The uses of the properties are similar enough not to warrant adjustment. 39 Page 1002 of 1207 RECONCILIATION FINAL VALUE OPINION SALES COMPARISON APPROACH RECONCILIATION The relevant adjusted unit sale prices from the sales are: Land Sale No. ADJUSTED Sale Price/ SF of LAND 1 $12.89 2 $13.81 3 $23.05 4 $21.74 Giving Equal Weight to the four (4) adjusted commercial land sales, the indicated subject land unit value is $17.87 per Square Foot. FINAL VALUATION ON 1/1/2019 23,087 sq.ft. of subject land(@ new zoning) x$17.87 per square foot of land= VALUE BY SALES COMPARISON APPROACH S113,000 (rounded) FOUR HUNDRED THIRTEEN THOUSAND DOLLARS Exposure Time Prior to Attaining the cited Value is: One Year 41 Page 1004 of 1207 LIMITING CONDITIONS & CERTIFICATION OF VALUE I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on December 19, 2018. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. The undersigned certify that the market value of the Fee Simple Interest for the subject at 2240 S. Congress Avenue in Boynton Beach, Florida as of January 1, 2019 is: FOUR HUNDRED THIRTEEN THOUSAND DOLLARS 413 000 January 3, 2019 Jesse B.Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser No.RZ-85 January 3,2019 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ-173 Page 1005 of 1207 B. PUPublic Usage District. 1. General. The purpose of the PU zoning district is to implement the public and private governmental/institutional (PPGI) future land use map (FLUM) classification of the Comprehensive Plan. This district shall apply to those areas within the city whose ownership and/or operation is public, or whose use is primarily public or institutionally-oriented, exclusive of those areas whose use is primarily recreational. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-25). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: BUILDING/SITE REGULATIONS PU District Minimum lot area: 8,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet' Rear: 25 feet' Abutting: Residential district(s) 30 feet Interior side: 15 feet' Abutting: Residential district(s) 30 feet Corner side: 15 feet Maximum lot coverage: 50% Maximum structure height: 45 feet Hospitals only: 60 feet ' For hospital buildings, additional setback in excess of thirty(30)feet shall be required for any height over forty- five(45)feet. The additional setback shall be ineasured by calculating three(3)additional feet of setback for each foot in height above forty-five(45)feet,not including minimal roof top equipment that are eligible for height exception in accordance with Chapter 2, Article IL Section 4.0 2 Not to exceed four(4)stories. 4. Review and Approval Process. Non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V Minimum Off-Street Parking Requirements. 43 Page 1006 of 1207 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. The content of an Appraisal Report must be consistent with the Intended Use of the appraisal and, at a minimum: (i) state the identity of the client, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach or income approach must be explained; (ix) state the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: state all extraordinary assumptions and hypothetical conditions: and state that their use might have affected the assignment results; and (xii) include a signed certification in accordance with Standards Rule 2-3. 44 Page 1007 of 1207 475.611 Florida Statutes: Definitions.-- (1) As used in this part, the term: (a) "Appraisal" or"appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or"foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser' means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 5._1.1_(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. 0) "Department" means the Department of Business and Professional Regulation. 45 Page 1008 of 1207 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perfonm the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perfonm most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES,VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR)VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 46 Page 1009 of 1207 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landinark Bank; City National Bank;BankUnited; Gateway American Bank; State Fann Bank;Englewood Bank&Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U.S. TREASURY DEPARTMENT(General Counsel,I.R.S.);U.S.MARSHAL'S SERVICE—U.S. ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 47 Page 1010 of 1207 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla.) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 48 Page 1011 of 1207 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla.Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Boob'Uniform Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 Hours Florida Appraisal Law(2/9/2018) SEMINAR(AI) - 3 Hours"Parking Impact on Florida Properties"(5/4/2018) SEMINAR(AI) - 4 Hours"Technology Tips for Real Estate Appraisers"(9/21/2018) 49 Page 1012 of 1207 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2 00 1. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act'before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida I) CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 50 Page 1013 of 1207 Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vancevalgatt.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perforin the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation- APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida 1979-1981 Staff Appraiser -Real Property Analysts,Inc.,Fort Lauderdale,Florida 1976-1980 REALTOR-Associate-The Atwood Corporation,Fort Lauderdale,Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida. Partial list of real property tvpes valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/inotels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes, Gas sales stations,Marinas,Mobile home parks, Shopping centers, Country clubs/golf courses, Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environinentally sensitive land Tvpes of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 51 Page 1014 of 1207 F)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Fann Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Pahn Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Patin Beach,Broward County Board of County Coininissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environinental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney Gl EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Course 1-A (AIREA)- Introduction to Appraising Real Property,1977,Passed Exam Course 1-B (AIREA)- Capitalization Theory and Techniques,1978,Passed Exam Course VIII(AIREA)- Residential Appraising,1978,Passed Exam Course SPP (AI) - Standards of Professional Practice,1992,Passed Exam Course 2-1 (AIREA)- Case Studies,1987,Passed Exam Course 2-2 (AIREA)- Report Writing,1987,Passed Exam Course R-2 (SREA) - Report Writing,1978,Passed Exam Course 202 (SREA) - Applied Income Property Valuation,1983,Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984,No Exam Course SPP (SREA) - Standards of Professional Practice,1989,No Exam Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - 1996 Data Exchange(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(1997) 52 Page 1015 of 1207 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) - Valuation of Transferable Development Rights[TDR's] (1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida.State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) - Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) - National USPAP Course(2004) SEMINAR(AI) - Inverse Condemnation(2004) SEMINAR(AI) - Loss Prevention(2005) SEMINAR(AI) - Single Family Fraud Awareness(2005) SEMINAR(AI) - Guide to the new URAR form(2005) SEMINAR(AI) - Technologies for Real Estate Appraisers(2006) SEMINAR(AI) - The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) - National USPAP Update(2006) SEMINAR(AI) - Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) - Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) - Energy Star and the Appraisal Process(2006) SEMINAR(AI) - Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) - Real Estate Fraud(2007) SEMINAR(AI) - Forecasting Revenue(2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Government Regulations(2009) SEMINAR(AI) -Property Tax Assessment (2010) SEMINAR(AI) -7 Hour National USPAP (2010) SEMINAR(AI) -Florida.Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Book"(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) 53 Page 1016 of 1207 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Lessons from the Old Economy Working in the New(2012) SEMINAR(Al) -Appraisal Review for General Appraisals(2012) COURSE(Al) -National USPAP Update(2012) SEMINAR(Al) -Florida Law(2012) SEMINAR(Al) -Land Valuation(2012) SEMINAR(Al) -Valuation of Warehouses(2012) SEMINAR(Al) -IRS Valuation(2012) SEMINAR(Al) -Business Practices and Ethics(2012) SEMINAR(Al) -Real Estate Forecast(2013) SEMINAR(Al) -Advanced Marketability Studies(2013) SEMINAR(Al) -Developing a Supportable Workfile(2013) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) SEMINAR(Al) -Hot Topics&Myths in Appraiser Liability(2018) COURSE(Al) -7 Hour National USPAP Update(2018) SEMINAR(Al) -Florida Law(2018) SEMINAR(Al) -Parking&Its Impact on Florida Properties(2018) SEMINAR(Al) -What's New in Residential Construction(2018) SEMINAR(Al) -Valuation Resources for Solar Photovoltaic Systems(2018) H)PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute-2006 Director of the South Florida Chapter of the Appraisal Institute 1996- 1998 Member of Region X(Florida.)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) Director of the Florida Association of REALTORS (FAR)-1981 Committee Member of the Florida Association of REALTORS,Education Committee 1980&1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS- 1981 and 1982; Member 1978,1979, 1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS 54 Page 1017 of 1207 I)PROFESSIONAL PUBLICATIONS&PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Gnide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS J) CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 55 Page 1018 of 1207 11.A. NEW BUSINESS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-015- Approve and ratify the Collective Bargaining Agreement for the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 and the City. EXPLANATION OF REQUEST: The term of the Collective Bargaining Agreement (CBA) for Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 expired on September 30, 2018. The City and the Union began bargaining a successor agreement in April 2018. Bargaining was completed in December 2018. The bargaining unit ratified the successor agreement on January 17, 2019. The successor collective bargaining agreement is for a term ending September 30, 2021. As the final step in the collective bargaining process, staff is recommending that the Commission approve/ratify the successor agreement (attached)for implementation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having a successor agreement in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. FISCAL IMPACT: Budgeted The fiscal impact for year one (FY 18/19)wages is$491,041.05, for which funding is available in the Fire Department's salaries budget line item. Future fiscal year impacts of this agreement will be appropriated in the respective future year budgets. ALTERNATIVES: Do not approve and ratify the agreement, which would result in maintaining the status quo for the contract period ending September 30, 2018 and return to the bargaining table to further negotiate this contract. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 1019 of 1207 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution ratifying CBA with IAF F for 2018- 2021 D Addendum IAF F Collective Bargaining Agreement D Addendum Notice of Ratification Page 1020 of 1207 I RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, RATIFYING THE AGREEMENT 5 BETWEEN THE CITY OF BOYNTON BEACH, 6 FLORIDA AND THE INTERNATIONAL 7 ASSOCIATION OF FIREFIGHTERS, LOCAL 1891 8 FOR THE PERIOD OF OCTOBER 1, 2018 THROUGH 9 SEPTEMBER 30, 2021, AND AUTHORIZING AND 10 DIRECTING THE CITY MANAGER TO SIGN THE 11 AGREEMENT; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City of Boynton Beach and the International Association of 15 Firefighters, Local 1891 have successfully concluded negotiations for a three (3) year 16 contract; and 17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 18 the best interests of the residents and citizens of the City to ratify the Agreement and execute 19 the same. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby ratify the Agreement between the City of Boynton Beach and the International 28 Association of Firefighters, Local 1891 for the period of October 1, 2018 through 29 September 30, 2021, and authorizing and directing the City Manager to sign the Agreement, 30 a copy of said agreement being attached hereto as Exhibit "A". 31 Section 3. This Resolution will become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2019. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\60EA3DC3-1974-4A96-8C8B-68D87BF9EECB\Boynton Beach.14324.EIAFF CBA 2018-21- Reso.docx Page 1021 of 1207 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor— Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Aimee Kelley 47 48 49 VOTE 50 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 60 (Corporate Seal) 61 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\60EA3DC3-1974-4A96-8C8B-68D87BF9EECB\Boynton Beach.14324.EIAFF CBA 2018-21- Reso.docx Page 1022 of 1207 COLLECTIVE BARGAINING AGREEMENT BETWEEN i CITY OF BOYNTON BEACH AND BOYNTON BEACH FIREFIGHTERS AND PARAMEDICS INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1891 I-OCAL ` 891 + Term Ending September 30, 2021 Ratified by Union: Ratified by Commission: MJ07 TABLE OF CONTENTS Article Title Pape --- Preamble.......................................................... 1 1 Recognition............................................................. 2 2 Non-Discrimination............................................ 3 3 Payroll Deduction of Dues................................. 4 4 Union Time Pool.................................................... 5 5 Representation of the Union.............................. 6 6 Representation of the City.................................. 7 7 Modification of Conditions................................ 8 8 Hours of Work....................................................... 10 9 Working Conditions.............................................. 11 10 Uniforms and Safety Equipment....................... 12 11 Annual Occupational Fitness Evaluations....... 14 12 Group Insurance.................................................. 16 13 Legal Defense........................................................ 20 14 Wages.................................................................. 21 15 Call Back and Overtime........................................ 23 16 Exchange of Time ............................................. 24 17 Sick Leave............................................................... 26 18 Compassionate Leave........................................... 29 19 Vacation................................................................... 30 20 Personal Time..................................................... 32 21 Holidays.................................................................. 33 22 Court Time.............................................................. 35 23 Working Out of Classification............................ 36 24 Education................................................................ 38 25 Educational Supplemental Compensation..... 39 26 Assignment Pay................................................ 40 27 Licenses and Registration Fees.......................... 41 28 Seniority List.......................................................... 42 29 Vacancies and Promotions.................................. 43 30 Bulletin Boards...................................................... 46 31 Notification and Distribution.......................... 47 32 Grievance and Arbitration.................................... 48 33 Prevailing Rights................................................... 52 34 Savings Clause........................................................ 53 35 Appendices,Amendments,and Additions....... 54 36 Successors............................................................... 55 37 Compensatory Time......................................... 56 38 Management Rights.......................................... 57 39 Supplemental Retirement Insurance............... 58 40 Collateral Documents........................................ 60 41 Pension............................................................... 61 42 Drug Free Workplace........................................ 62 43 Wellness/Fitness Program............................... 63 Page 1024 of 1207 44 Modified Work/Light Duty............................... 65 45 Duration.............................................................. 66 Addenda "A" Drug Free Workplace Policy........................... 67 "B" Wages- Step Plan............................................ 80 "C" Career Ladder Requirements.......................... 82 "D" Mutual Consent Agreement-IPTR................. 86 "E" Pension Agreement.......................................... 89 "F" Tuition Assistance Program............................. 90 --- Signature Page..................................................... 97 Page 1025 of 1207 PREAMBLE This Agreement is entered into by the City of Boynton Beach, a municipal corporation (hereinafter referred to as the "City,") and the Boynton Beach Fire Fighters and Paramedics, Local 1891, of the International Association of Fire Fighters, (hereinafter referred to as the "Union,") which has as its purpose: The promotion of harmonious relations between the City and the Union; for the establishment of an equitable and peaceful procedure for the resolution of differences; the prevention of interruptions of work and interference with the operations of the City; to encourage and improve efficiency and productivity; to maintain the highest standards of personal integrity and conduct at all times; and the establishment of an entire agreement covering hours, wages, benefits, and terms and conditions of employment applicable to bargaining unit members. Therefore, in consideration of the mutual provisions and agreements contained in this Agreement, the City and the Union agree as follows: 1 Page 1026 of 1207 ARTICLE 1 RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent,for the purpose of establishing wages, hours, and terms and conditions of employment pertaining to the regular, full-time positions of Firefighter,Firefighter Operator/Engineer(0/E),Lieutenant,Captain,and Battalion Chief,which require possession and maintenance of Florida Firefighter Certification and Florida Emergency Medical Technician Certification or Florida Paramedic Certification. 2 Page 1027 of 1207 ARTICLE 2 NON-DISCRIMINATION 2_1 Neither the City nor the Union shall discriminate against any bargaining unit member in a manner prohibited by law based on race,age,religion,color,gender,gender identity or expression,sexual orientation, national origin, marital status, physical or mental disability, or any other unlawful factor. 2_2 Alleged violations of this Article shall not be subject to the grievance and/or arbitration procedure established herein. 2_3 No bargaining unit member shall be discriminated against,intimidated,restrained,or coerced in the exercise of any rights granted by this Agreement, or in the exercise of any Union and/or protected concerted activities. The sole remedy for charges in this section(2.3) is the filing of an Unfair Labor Practice (ULP). 2_4 Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management. 3 Page 1028 of 1207 ARTICLE 3 PAYROLL DEDUCTION OF DUES 3_1 The City will deduct, once each pay period, dues in an amount certified to be current by the Treasurer of the Union from the pay of those bargaining unit members who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty(30)days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of one hundred dollars ($100.00)per contract year. 3_2 Any bargaining unit members may revoke their dues deductions to withdraw from membership by forwarding their intentions to the Union Treasurer in writing. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. 4 Page 1029 of 1207 ARTICLE 4 UNION TIME POOL 4_1 For the purpose of allowing officers of the Union or their designees to conduct Union business and attend Union functions, a Union Time Pool is established. Each contract year the City will credit the Union Time Pool with two hundred forty(240) hours of time to be used in increments of two (2) hours or more. 4_2 Between September 1st and September 15th of each contract year, bargaining unit members shall be permitted to donate hours of accrued vacation time to be banked and subsequently used to permit designated Union representatives to attend Union functions. Donations to this Union Time Pool shall be made by any bargaining unit member on a voluntary basis and on a designated submittal form. All donated time will be calculated and banked on an hour-to-hour basis. An accurate list of those bargaining unit members donating to this time pool shall be maintained by the Union President and the Fire Department's Administrative Payroll Associate; a copy of which will be provided to the Deputy Chief of Operations. Only those bargaining unit members donating time shall be eligible to work in the absence of a Union Representative who is benefiting from this Article. It shall be the Union President's responsibility to coordinate with the Deputy Chief of Operations (or Designee) the provisions of coverage and replacement of Union Representatives attending an approved function. 4_3 All requests to use this time are subject to daily staffing requirements and must be submitted for approval by the Deputy Chief of Operations (or Designee) at least forty-eight (48) hours in advance of the requested date of use. The on-duty Battalion Chief may consider verbal emergency requests by the Union President (or Designee). A maximum of four (4) Union Representatives may be allowed time off and each must follow departmental procedure when applying for time off using Union Time Pool hours. When scheduled use of Union Time Pool hours results in overtime for another bargaining unit member, the Union Time Pool will be charged at (drawn down by) time and one-half (1.5) so that a bargaining unit member's absence is cost neutral to the City. 5 Page 1030 of 1207 ARTICLE 5 REPRESENTATION OF THE UNION The membership of the Union shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1st. The President of the Union, or the person or persons designated by the Union President shall have full authority to conclude a collective bargaining agreement on behalf of the Union,subject to a majority vote of those bargaining unit members voting on the question of ratification. The Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position or association with the union, shall be deemed unauthorized, and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 6 Page 1031 of 1207 ARTICLE 6 REPRESENTATION OF THE CITY The City shall be represented by the City Manager or a person or persons designated in writing to the Union by the City Manager. The person designated shall have full authority to negotiate a collective bargaining agreement on behalf of the City. The City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein,regardless of their position or association with the City,shall be deemed unauthorized and shall have no authority or weight in committing or in any way obligating the City. 7 Page 1032 of 1207 ARTICLE 7 MODIFICATION OF CONDITIONS 7_1 Fire Rescue Operational Rules and Regulations: (a) Bargaining unit members shall comply with all Fire Rescue Operational Rules and Regulations, including those relating to conduct and work performance. The City may abolish, adopt, or amend Operational Rules and Regulations necessary for the safe,orderly,and efficient operation of the Fire Rescue Department A Committee on Rules and Regulations is established for the Fire Rescue Department This Committee is comprised of six (6) members: three (3) appointed by the City and three (3) members of the Union Executive Board. This Committee shall be charged with the duty of reviewing the published and proposed Fire Rescue Operational Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet as needed. (b) Except in instances of emergency situations, in which delaying a change would result in likely harm to others or impending liability to the City as a result of the exiting Rule or Regulation,the City will provide the Committee with at least fifteen (15) calendar days of prior notice, before the effective date of any changes to the department's Operational Rules and Regulations. Deviations from Operational Rules and Regulations required as a result of an emergency situation shall be reviewed by the Committee on Rules and Regulations within ninety (90) calendar days of the emergency. 7.2. Modification of Conditions: (a) When the City intends to make changes to City or Departmental Administrative Rules or Regulations,Policies,or Procedures,the City will provide written notice to the Union. The notice will include a description of the change and an implementation date,which shall be no less than thirty(30) calendar days from the date of notice. (b) If the Union believes that the modification constitutes a change to wages,benefits, or terms and conditions of employment, then the Union will have fifteen (15) calendar days from the date of notice to advise the City in writing that the Union is requesting pre-implementation or post- implementation impact bargaining. Such written request shall identify with specificity the manner in which the modification affects the rights of bargaining unit members. The request shall also include three (3) dates and times when the Union is available to meet with the City to 8 Page 1033 of 1207 discuss/bargain the modification. When bargaining is requested, it shall begin no less than five (5) calendar days following the Union's request and shall be concluded within thirty (30) calendar days following the first bargaining session. Unless otherwise agreed to by the City and the Union during their bargaining,the implementation date of change shall take effect as initially announced by the City,subject to the Union's right to continue impact bargaining. (c) This provision is not a waiver,restraint,or limitation on the City's Management Rights,including to unilaterally determine the purpose of its departments,to set standards of services to be offered to the public, and to exercise control and discretion over its organization and operations, nor is it a waiver, restraint, or limitation on the Union's right to bargain pursuant to Chapter 447, Florida Statute. 9 Page 1034 of 1207 ARTICLE 8 HOURS OF WORK 8_1 Bargaining unit members are regularly scheduled to work twenty-four (24) hour shifts and may be referred to in this Agreement as "shift" members. A shift schedule for the term of this Agreement is defined as follows: a forty-eight (48) hour work week with one (1) shift on duty and two (2) shifts off duty and with a twenty-four (24) hour Kelly Day off during a twenty-one (21) day work schedule. The shift on duty is from 7:30 a.m. (0730) to 7:30 a.m. (0730) the following day. 8_2 Bargaining unit members may voluntarily,or on a temporary basis,be assigned by the Fire Chief (or Designee) to an alternate schedule in order to accomplish special projects or special assignments. 10 Page 1035 of 1207 ARTICLE 9 WORKING CONDITIONS 9_1 Bargaining unit members may be needed at any time to fight fires and/or render emergency medical care, and,to do so effectively,they need to be constantly prepared. They must be ready to respond immediately to calls for service. Continual training and equipment maintenance are required to ensure that the desired response effectiveness is attained. 9_2 The Union supports and participates in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs,which have as their goal,the increased efficiency of the City's fire protection and emergency medical service. 9_3 Bargaining unit members will perform routine station maintenance. Routine station maintenance is defined as any type of maintenance that is required to be done on a scheduled basis, such as window cleaning,kitchens,living facilities,vehicles and safety equipment 11 Page 1036 of 1207 ARTICLE 10 UNIFORMS AND SAFETY EQUIPMENT 10.1 The City provides Fire Rescue Department personnel with uniforms, on an as-needed basis, provided through the warehouse. The initial uniform allocation includes - Class "A" uniform, uniform shirts, uniform pants/shorts, ball caps, T-shirts, Last Resort Belt, gym shorts, work jackets,job shirts,and patches as needed. Current placement of patches will apply. 10.2 Each bargaining unit member will receive a shoe allowance in the amount of one hundred fifty dollars ($150.00), less applicable taxes, in the second paycheck following ratification, and in subsequent contract years, in the second paycheck in January. Effective October 1, 2019, bargaining unit members are required to wear shoes/boots that comply with department safety and uniform guidelines and that are ASTM F2412 or ASTM F2413 certified. 10.3 Effective April 1,2019,uniforms,excluding initial allocations,may be acquired on an"as-needed" basis through an allowance allotment system. Each fiscal year of this contract, bargaining unit members may receive up to four hundred dollars ($400.00) worth of uniforms, excluding shoes/boots. The Deputy Chief of Administration(or Designee)will publish the current price list of uniform items upon ratification and at the beginning of each fiscal year of subsequent contract years. 10.4 Initial allocations of uniforms, excluding shoes/boots, will be provided to bargaining unit members as determined necessary by the Fire Chief(or Designee). 10.5 The City shall provide members of the Technical Rescue and Dive Teams with any specialized uniform(s) and personal protective equipment (PPE) needed to perform the functions of those respective teams. 10.6 All Personal Protective Equipment(PPE),as outlined in the Fire Rescue Department regulations, shall be furnished as necessary to bargaining unit members by the City. The title to such equipment shall remain with the City, with the exception of a bargaining unit member who has retired, who has the option to keep his/her badges and structural helmet. If standards of fire- fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If a Firefighter needs a replacement of fire-fighting Personal Protective Equipment, (s)he shall submit such 12 Page 1037 of 1207 request in writing through the chain of command. The Fire Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall promptly initiate the replacement of the item. The City shall notify the bargaining unit member of the approximate time the replacement item will arrive and will notify the member if the arrival will be delayed due to extenuating circumstances. 10.7 The City will arrange for the repair or replacement of a bargaining unit member's uniform or work clothing that is damaged, at no fault of the member, during the member's performance of his/her job duties. In such instances, the facts and circumstances must be documented at the time of the incident 10.8 Damage to items such as prescription optical aids and dentures are considered"injuries"through Workers' Compensation only when the damage is shown to be part of, or in conjunction with an accident, in which the damage specifically occurred as the result of an accident in the normal course of employment. In such instances,the facts and circumstances shall be documented on a Supervisor Incident Report(SIR)with a copy to Risk@bbfl.us within forty-eight(48)hours of the incident. Otherwise, the City is not responsible for the loss or damage to a bargaining unit member's personal property,which (s)he elects to wear, carry,bring to, or leave at work. 10.9 Bargaining unit members may be responsible for expenses incurred in replacing lost, misplaced, and/or damaged safety gear and/or clothing due to personal negligence or intentional misuse, which is subject to review and recommendation to the Fire Chief by the Labor-Management Team. 10.10 All Fire Rescue department-issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental sanctioned events as determined by the Fire Chief. 13 Page 1038 of 1207 ARTICLE 11 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS 11.1 Physical Evaluation: Due to the importance of certification of fitness for duty,bargaining unit members are required to attend and participate in an annual occupational fitness evaluation as scheduled, which is conducted in accordance with the standards set forth in the most current edition of N.F.P.A. 1582 and as adapted and approved by the Labor-Management Team. Bargaining unit members will schedule this annual occupational exam on a seniority basis through the Fire Department's designated Administrative personnel. This annual evaluation is mandatory. Effective October 1, 2019,the evaluation is performed off duty with compensation equaling three (3)hours at a rate of one and a half(1.5)times the bargaining unit member's hourly rate of pay. 11.2 It is the responsibility of the bargaining unit member to ensure that this annual physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" are completed in a timely manner and as scheduled. Efforts will be made to allow for the scheduling of this follow-up testing to be performed on duty. 11.3 Failure to attend, and/or participate in the annual occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted,the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. 11.4 For the term of this Agreement,the City will contract with a qualified medical provider to perform the annual occupational fitness evaluation. October 1, 2019 through September 30, 2021, the City is using LifeScan as its provider for these services. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be"unfit for duty"are provided to the Director of Human Resources and Risk Management,who will ensure the records are properly maintained in the employee's confidential medical file, which is separate from the employee's personnel file. Further,an employee who was found to be"unfit for duty," or who was recommended for referral to another medical provider, may be contacted by Human 14 Page 1039 of 1207 Resources and Risk Management regarding ADAAA, FMLA,and/or Workers'Compensation. 11.5 Immunization: Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted pursuant to Florida Statute 112.181, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service, the City may require bargaining unit members to undergo the immunization or prophylaxis unless the member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member's health. Absent such written declaration, failure or refusal by a bargaining unit member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption that the communicable disease was contracted while on duty. The City shall provide an immunization schedule during the term of this Agreement for all members as a means of protection from the following: • Hepatitis-Type B: Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. • Hepatitis-Type A: Offered to all bargaining unit members. Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. • The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. 11.6 Exposures: It shall be mandatory for the City to notify the bargaining unit member when documentation exists that the bargaining unit member was significantly exposed to a communicable disease in the line of duty only after such documentation is brought to the attention of the City. Certain exposures,pursuant to Florida Statute 112.181(2),shall be presumed to have a disability suffered in the line of duty,unless the contrary is shown by competent evidence;however,in order to be entitled to the presumption,the member must, by written affidavit as provided in Florida Statute 92.50 must verify information in such written declaration. 15 Page 1040 of 1207 ARTICLE 12 GROUP INSURANCE 12.1 Medical. Dental. and Vision Insurance: The sole medical benefit plan available to bargaining unit members is a High Deductible Health Plan (HDHP). The premium cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid for all bargaining unit members while employed by the City. Bargaining unit members will pay the full cost of HDHP medical, dental, and vision insurance for their dependents. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their medical plans. Any subsidy offered does not extend beyond the plan year for which it is budgeted,and the offering of,and/or amount of, any such subsidy is not subject to negotiation. Types of coverage currently in effect during a plan year shall not be reduced during that same plan year. The Union may designate one (1) bargaining unit representative to participate on the evaluation committees for any RFPs related to employee group medical insurance. Plan Year One: October 1, 2018 -September 30, 2019 12.2 a HSA Contributions: The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account(HSA) on the first full pay check date following ratification. i. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City before October 1, 2018. 12.3 a Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year One, this conversion can be done at the following times: i. Within forty-five (45) calendar days from ratification (any amount up to an annualized total of$1000.00). ii. April 1, 2019 -April 30, 2019 (any amount up to an annualized total of$1000.00). 16 Page 1041 of 1207 iii. For purposes of this Article, "annualized" means plan year/contract year/fiscal year October 1, 2018 through September 30, 2019. 12.4 a New Hires: Bargaining unit members hired on or after October 1, 2018, and who elect to be covered on the City's medical insurance, will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2019. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. Plan Year Two: October 1, 2019 -September 30, 2020 12.2 b HSA Contributions: The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account(HSA) on the first full pay check date following January 1, 2020. i. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30, 2019. 12.3 b Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year Two,this conversion can be done at the following times: i. January 1, 2020 -January 31, 2020 (any amount up to an annualized total of$1000.00). ii. April 1, 2020 -April 30, 2020 (any amount up to an annualized total of$1000.00). iii. For purposes of this Article, "annualized" means plan year/contract year/fiscal year October 1, 2019 through September 30, 2020. 12.4(b) New Hires: Bargaining unit members hired on or after October 1, 2019, and who elect to be covered on the City's medical insurance, will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2020. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 17 Page 1042 of 1207 Plan Year Three: October 1,2020 -September 30, 2021 12.2 c HSA Contributions: The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account(HSA) on the first full pay check date following January 1, 2020. i. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30, 2020. 12.3 c Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year Three,this conversion can be done at the following times: i. January 1, 2021 -January 31, 2021 (any amount up to an annualized total of$1000.00). ii. April 1, 2021 -April 30, 2021 (any amount up to an annualized total of$1000.00). iii. For purposes of this Article, "annualized" means plan year/contract year/fiscal year October 1, 2020 through September 30, 2021. 12.4(c) New Hires: Bargaining unit members hired on or after October 1, 2020, and who elect to be covered on the City's medical insurance, will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2021. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 12.5 Life Insurance: Bargaining unit members are provided with a thirty-five thousand dollar ($35,000) term life and accidental death policy with the premium paid by the City. 12.6 In the event a bargaining unit member is killed in the line of duty as per F.S.S. 112.191 (2)(0, as amended from time to time, or suffers a catastrophic injury, as defined in F.S.S. 440.02(37),as amended from time to time, and provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or partially or totally disabled as provided for in F.S.S. 112.18, as amended from time to time, the City shall pay the 18 Page 1043 of 1207 entire COBRA premium for the member, spouse (until remarried) and/or dependents (until the end of the calendar year in which the dependent child reaches age 26) who elect to continue on the City's medical, dental, and/or vision plans. 19 Page 1044 of 1207 ARTICLE 13 LEGAL DEFENSE 13.1 The City will provide a bargaining unit member with a legal defense when a bargaining unit member is listed as a defendant in a civil action,provided the bargaining unit member was acting within the scope of employment at the time of the act or omission, which is the subject of the action accused. The scope of the City's responsibilities is asset forth in Florida Statutes 111.07 - Defense of civil actions against public officers, employees, or agents. The City will not provide a defense to an employee acting outside the scope of his/her employment who is charged with a criminal action. 13.2 Bargaining unit members who volunteer their off-duty time to participate in City-authorized events may be covered under Section 13.1 if a situation arises in which an off-duty bargaining unit member was required to render job-related emergency services while volunteering at the City-authorized event. 20 Page 1045 of 1207 ARTICLE 14 WAGES 14.1 Retroactive to October 1, 2018, the charts in Addendum "B" contain the step plan in effect for bargaining unit members. 14.2 Bargaining unit members who are eligible for Assignment Pay pursuant to Article 26 will have the corresponding amount(s) added to their base hourly rates of pay. • Paramedic $3.75 over hourly base rate • Technical Rescue $0.75 over hourly base rate • Dive Rescue $0.75 over hourly base rate 14.3 The table in Addendum "B"will be used as an administrative guide to wage adjustments and/or promotions through the ranks. 14.4 Step Plan: (a) Year One: Upon ratification, retroactive to October 1, 2018 -September 30, 2019 (i) The Fire Chief and Union President will place each bargaining unit member in the appropriate step,and each bargaining unit member will receive the corresponding hourly rate of pay. (b) Year Two: October 1, 2019 - September 30, 2020 (i) Each bargaining unit member will advance to the next step in his/her rank and will receive the corresponding hourly rate of pay. (ii) Bargaining unit members who are at the maximum step will receive compensation in a lump sum payment equal to three and a half percent(3.5%)of his/her current annualized step. (c) Year Three: October 1, 2020 - September 30, 2021 (i) Each bargaining unit member will advance to the next step in his/her rank and will receive the corresponding hourly rate of pay. (ii) Bargaining unit members who are at the maximum step will receive compensation in a lump sum payment equal to three and a half percent(3.5%)of his/her current annualized step. 14.5 No cost of living increases/base wage increases or step increases, except those resulting from a 21 Page 1046 of 1207 promotion or assignment, shall be paid beyond September 30, 2021 unless specifically negotiated in a successor Collective Bargaining Agreement or Memorandum of Understanding. 22 Page 1047 of 1207 ARTICLE 15 CALL BACK AND OVERTIME 15.1 Call Back: Call Back is defined as any time a bargaining unit member is called into work when (s)he is off duty, or when the work time is not contiguous with the member's shift In the event of Call Back,the bargaining unit member shall be paid for the actual time worked but not less than two (2)hours at a rate of pay one and a half(1.5)times the member's hourly rate inclusive of Certification Assignment Pay. The procedure for Call Back will be in accordance with Labor-Management Team guidelines. The Fire Chief can waive the above provisions for operational purposes. 15.2 Overtime: Overtime is defined as any time a bargaining unit member is required to stay longer than his/her assigned 24-hour shift by his/her officer. Overtime shall be paid at the rate of one and one-half (1.5) times the bargaining unit member's hourly rate inclusive of Certification Assignment Pay. Bargaining unit members who are in a duty status less than fifteen (15) minutes either before their shift or after their shift will not be eligible for overtime pay. Bargaining unit members who are in duty status for fifteen(15)minutes or more either before their shift or after their shift must be so only with their officer's approval in order to be eligible for overtime pay at the overtime rate. 15.3 Efforts are made to offer classes for renewing certificates on shift schedules. When these classes are offered on a shift schedule,and a bargaining unit member elects to attend classes outside of the shift schedule, (s)he will not be compensated. Additionally,bargaining unit members who attend classes that are not required by the Chief(or Designee) will not be compensated. 15.4 No bargaining unit members shall be eligible for overtime or Call Back following the use of more than twelve (12) hours of sick leave until they have reported to work for at least one (1) regularly scheduled shift. 23 Page 1048 of 1207 ARTICLE 16 EXCHANGE OF TIME 16.1 General Provisions: Bargaining unit members may exchange their working shift(s) and exchange their off-duty day(s) with other bargaining unit members in accordance with the following provisions: (a) The exchanging members shall assume responsibility for the exchange of time, including step-up pay. (b) The shift officers of the exchanging members shall not permit the exchange if it affects the normal operation of work, if Call Back is required, or if step-up pay is required. (c) Exchanges of time shall require at least twenty-four (2 4) hours of notice to the Battalion Chief, except in the event of an emergency to the bargaining unit member, when the exchange of that bargaining unit member does not affect the normal operation of that shift(s). (d) Exchanges of time submitted prior to eight (8) weeks (fifty-six (56) calendar days) in advance will be tentatively approved. On the fifty-sixth (56th) calendar day in advance of the scheduled exchange of time, the exchange of time will automatically receive final approval unless the bargaining unit member has been notified of a necessary cancellation. Any cancellation of an exchange of time will be in writing and received by the affected bargaining unit member prior to the fifty-six(56) day time frame. (e) No bargaining unit member may monetarily compensate another bargaining unit member for an exchange of time. (f) No bargaining unit member shall "owe" or be "owed" more than three hundred sixty (360) hours at any given time. All exchanges of time shall be reconciled within eighteen (18) months of use. (g) Exchanges of time totaling more than three (3) consecutive shifts shall not be used to circumvent any FMLA or ADA regulations. 16.2 Exchanges of Time Among Ranks: For the purposes of this Article, the ranks of Firefighter and Firefighter 0/E shall be referred to as "Firefighters" and Lieutenants, Captains and Battalion Chiefs shall be referred to as "Officers." 24 Page 1049 of 1207 (a) Firefighters may only exchange time with other Firefighters, with the exception of a Firefighter 0/E who may also exchange time with a Lieutenant providing the following: i. The City will not incur any costs of step-up pay(Working out of Classification) for an exchange between Firefighter 0/E's and Lieutenants. (b) Officers may only exchange time with other Officers as identified in the departmental Standard Operating Procedures and with the exception stipulated in Section 16.2(a). 25 Page 1050 of 1207 ARTICLE 17 SICK LEAVE 17.1 Accrual: Bargaining unit members shall accrue sick leave at a rate of twelve (12) hours per month for a total annualized accrual amount of one hundred forty-four (144) hours. No bargaining unit member shall be entitled to use sick leave in excess of the amount of accrued and unused hours (s)he has available. There is no cap on the accumulation of sick time. 17.2 Notice of Use of Sick Hours: (a) Unscheduled Sick: A bargaining unit member shall notify the on duty Battalion Chief (or Designee), in a manner provided for by management, of his/her illness no later than 0700 hours,before the start of his/her scheduled shift. (b) Scheduled Sick: A bargaining unit member may request with a minimum of seventy-two (72) hours of advanced notice to use scheduled sick hours for a full shift for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick"pay code must be provided to the Deputy Chief of Operations within fifteen (15)calendar days of the use of time. Unsubstantiated use of such time will result in the time being re-coded to "sick." Scheduled Sick may not be utilized the shift before,the shift on, or the shift after a City-observed holiday. 17.3 Documentation Required: (a) For any use of sick time in excess of two (2) consecutive scheduled shifts, a bargaining unit member is required to provide written medical certification to the Deputy Chief of Operations upon return to work. (b) Sick hours may be requested and/or utilized upon approval of the Fire Chief (or Designee) for the following reasons: (i) Member's health, or up to forty-eight (48) hours per fiscal year for illness of immediate family member:the member's parent,spouse,registered domestic partner,or child. (ii) Medical, dental,or optical treatment. (iii) Quarantine due to exposure to contagious disease. For a Term Ending September 30,2021 26 Page 1051 of 1207 (iv) In connection with a member's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. (v) In connection with an approved Family and Medical Leave Act(FMLA)leave for a serious medical condition of the member,or the member's immediate family member,as defined in (FMLA). 17.4 Bonus Hours for Unused Sick Time: For every consecutive six (6) month period elapsing since the bargaining unit member's last sick occurrence,the bargaining unit member will receive twenty-four (24) hours of vacation time. 17.5 Payout of Sick Leave: (a) Bargaining unit members who have more than two hundred forty (240) hours of sick leave as of April 1St may request to transfer (no later than April 1St) up to one hundred (100) sick leave hours to vacation leave hours, provided that accumulated sick hours do not fall below two hundred forty (240) hours as a result of the transfer. Transfer of this time will be credited to the bargaining unit member's vacation bank during the month of April. (b) Bargaining unit members will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, termination, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the Pension Plan). Continuous Years of Service Percentage of Sick Leave Payout Less than 5 full years 50% 5 years but less than 10 full years 50% More than 10 full years 50% Upon retirement from the City 50% 17.6 Bargaining unit members who call in sick,may return to work during the remainder of their shift if they feel capable of performing their work duties and are not contagious. A member who returns to work after calling in sick, must use a minimum increment of twelve (12) hours of sick leave before they may return to work. Members who leave work during shift due to illness must remain out for the For a Term Ending September 30,2021 27 Page 1052 of 1207 remainder of the shift 17.7 Bargaining unit members who have exhausted their accumulated sick leave and are still unable to return to work, may use accrued and available vacation leave. Members must make such requests to the Fire Chief. 17.8 Use of Sick Hours: (a) No more than two (2) working shifts, or forty-eight(48) hours, whichever is greater, in any fiscal year,may be taken for sick leave because of illness within the immediate family. For the purpose of this Section,the "immediate family"consists of the member's spouse, registered domestic partner, parents, children, or any overage dependent, who resides with the bargaining unit member,and for whom the member is the primary care giver. (b) In the case of a prolonged, serious illness of the bargaining unit member or an eligible family member, a bargaining unit member shall apply for FMLA as provided for in City policies. The City may designate any qualifying leave as FMLA in accordance with the law. Bargaining unit members requesting this family sick provision for other than an immediate family member shall provide Human Resources with verifiable proof of primary care giver status prior to the use of this provision. 17.9 Donating Sick Leave: Sick leave donations may be requested and used in accordance with City policy as amended from time to time. For a Term Ending September 30,2021 28 Page 1053 of 1207 ARTICLE 18 COMPASSIONATE LEAVE 18.1 In the event of the death of a family member of a bargaining unit member, the member shall be granted one (1) shift day leave on a day of the member's choosing within two (2) weeks of the death. The bargaining unit member shall be granted two (2) consecutive shift days leave on the days of the member's choosing within two weeks of the death,if out of state travel for interment is required. 18.2 "Family member" is defined as the bargaining unit member's spouse, registered domestic partner,mother,father,stepfather,stepmother,foster parents,foster child,stepchild,mother-in- law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, spouse's grandparents, grandchildren, brother, sister, son, daughter, step-brother, step-sister, niece,or nephew. 18.3 Bargaining unit members utilizing this Article are responsible for providing a verifiable written notice of death (i.e. obituary or copy of death certificate), to the Deputy Chief of Operations, within thirty (30) calendar days of the last date of compassionate leave. Failure to do so will result in the rescission of previously paid leave. 29 Page 1054 of 1207 ARTICLE 19 VACATION 19.1 The following plan outlines the vacation leave policy for bargaining unit members. Vacations will be picked on a seniority basis and can be taken in increments of twelve (12) or twenty-four (24) hours, one shift at a time. 19.2 Each bargaining unit member shall earn vacation leave, accumulated in hours, for each full year of continuous service as outlined below. Vacation will be accrued in accordance with the following schedule: Years of Service Vacation Days Vacation Hours DOE until First Anniversary 5 120 Beginning of 2nd year until Fourth Anniversary 6 144 Beginning of 51h year until Eighth Anniversary 7 168 Beginning of 91h year until Eleventh Anniversary 8 192 Beginning of 12th year until Fifteenth Anniversary 9 216 Beginning of 16th year and after 10 240 19.3 In computing vacation leave earned,no increments will accrue for any twenty-one (2 1) day work period that includes four (4) or more days of leave of absence without pay. 19.4 Bargaining unit members may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment During the fiscal year,vacation hours may accrue above the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum as of September 30th of each year will be forfeited,except for vacation hours earned during those fiscal year of this Agreement pursuant to Article 17.4 (Bonus Hours for Unused Sick Time). 19.5 For special "one time" type of events, bargaining unit members will be allowed to accumulate more than two years earned accrued vacation with the prior approval of the Fire Chief (or Designee). Such approval must be received at a time prior to the two (2)year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3) 30 Page 1055 of 1207 years earned vacation. Example:A bargaining unit member may accrue twelve (12) shift days in two (2) years. The bargaining unit member requests two (2) additional days beyond the maximum. The member must submit his/her request for the two (2) additional days four (4) months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14 days. 19.6 Bargaining unit members requesting vacation time on the same day may be approved, on a seniority basis at the time of request; however, it will not be approved if the issuing of the vacation time results in Call Back or overtime. 31 Page 1056 of 1207 ARTICLE 20 PERSONAL TIME 20.1 Bargaining unit members may request to use his/her vacation time or compensatory time at a minimum of two (2) hours and at a maximum of twelve (12) hours,providing that hours are not fractionalized, for personal reasons while on duty. 20.2 This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Fire Chief (or Designee). 20.3 Efficient/normal operating levels shall be determined by minimum staffing as determined by the Fire Chief. 20.4 Seniority will be a factor in granting personal use of vacation time requests prior to 0730. Thereafter,documented time-stamped requests submitted at or after 0730 are considered in the order of receipt: on a first come, first serve basis. Verbal requests are not considered. No grievance procedures are available to any member regarding Section 20.4. 32 Page 1057 of 1207 ARTICLE 21 HOLIDAYS 21.1 The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day,Veterans' Day,Thanksgiving Day, Day After Thanksgiving,Christmas Eve,and Christmas Day. The Parties agree to bargain over the inclusion of any additional holidays declared by the City during the term of this Agreement 21.2 Bargaining unit members who are in an active status on the date of a City observed holiday will receive twelve (12)hours of pay at straight time. 21.3 Bargaining unit members may elect to defer the payment in Section 21.2 for all of the holidays in Section 21.1 as Holiday Pay, at straight time, for which payment will be disbursed in the last paycheck in September. (a) Upon ratification of this Agreement, all bargaining unit members must sign the following Annual Deferred Holiday Request Form to elect whether or not they wish to have the remainder of their Holiday Pay deferred. (b) For subsequent years of the Agreement, this form must be submitted to the Fire Department's payroll representative no later than October 151h. If a form is not received for a member,the member forfeits his/her right to defer Holiday Pay for that year of the Agreement. 33 Page 1058 of 1207 IAFF ANNUAL DEFERRED HOLIDAY PAY REQUEST CONTRACT YEAR PRINT NAME: DATE: ❑ I DO WANT MY HOLIDAY PAY DEFERRED Member's Signature NOTE: Members wishing to have their Holiday Pay deferred, hereby authorize the City to withhold their eleven C1 1) paid holidays until the last pay period in September, with all proper withholdings taken out. Members expressly understand that at no time during this period under any circumstances, except if no longer covered under the bargaining unit, will they be eligible to receive any deferred monies until the last paycheck in September. ❑ I DO NOT WANT MY HOLIDAY PAY DEFERRED Member's Signature DEADLINE: October 15th of Agreement Year 34 Page 1059 of 1207 ARTICLE 22 COURT TIME 22.1 Any bargaining unit member who is summoned or subpoenaed to appear in a court of law,while off duty, as a result of his/her employment as a bargaining unit member,will be paid for his/her courttime atthe rate of one and one-half(1.5 )times his/her current hourly rate,excluding travel time,provided the Deputy Chief of Operations is given prior notification so that the Deputy Chief of Operations has the opportunity to schedule such appearance during regular duty hours. The bargaining unit member will receive a minimum of three (3) hours pay, and the member shall return all fees received from the Court to the City. This Section does not apply when the bargaining unit member is required to appear on a day that they are on duty. 22.2 A bargaining unit member who is required by a court of law to appear for jury duty during a day when they are on duty shall return all fees received from the court to the City, excluding travel expenses. The bargaining unit member shall notify the Battalion Chief through his/her Chain of Command upon receipt of a summons for jury duty. 22.3 A bargaining unit member who has been instructed to remain on standby for court appearance pursuant to section 22.1 during the member's off-duty hours shall be paid one-half (0.50) the straight time hourly rate for each hour on standby up to a maximum of eight(8)hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When a bargaining unit member is required to standby for eight(8)hours, the bargaining unit member shall receive four (4) hours plus one (1) additional hour at straight time. If a bargaining unit member does go to court(s)he will be paid for the court time indicated in Section 22.1 and will not receive any standby time pay. 35 Page 1060 of 1207 ARTICLE 23 WORKING OUT OF CLASSIFICATION 23.1 A bargaining unit member who is assigned the duties and/or responsibilities of a range above his/her current classification in the absence of his/her direct Officer will be compensated an additional five percent(5%)of his/her hourly rate per rank for working out of classification,with the exception of working as a Lieutenant,in which case the Firefighter 0/E shall be compensated an additional eight percent(8%) of his/her hourly rate,except during the use of Exchange Time pursuant to Article 16. When assigned, the bargaining unit member shall accept the duties and responsibilities of the position. For purposes of this Article, the internal ranking of Firefighter and Firefighter 0/E shall be considered as one classification: Firefighter. In the absence of the Captain position assigned each day, one (1) Lieutenant will be assigned to step up for the shift For the stations' Captain positions, step up assignments shall not be utilized when a Captain is absent on leave or is performing an alternative assignment, unless scheduled by the Fire Chief (or Designee). 23.2 Higher classification assignment for acting Lieutenant(s) and Captain(s) shall be made on a rotating basis as described in Sections 23.2(a) and 23.2(b). All assignments shall be logged as part of daily permanent records. Assignments will not be changed to intentionally avoid payment. (a) First, eligible members for acting Lieutenant and Captain assignments shall be chosen from the most current promotional eligibility list with respect to assigned shift(s). This provision is effective following ratification and upon the establishment of the Lieutenant eligibility list and of the establishment of the Captain eligibility list respectively. (b) If no one is available pursuant to Section 2 3.2(a),then eligible members for acting Lieutenant and Captain assignments shall be certified by the Department's Training Section and hold a valid State Fire Officer I certification. Members will have until September 30, 2019 to meet the requirements in this section. 23.3 Higher classification assignment for an acting Battalion Chief shall be determined by the Deputy Chief of Operations in conjunction with the assigned Battalion Chief,as described under Sections For a Term Ending September 30,2021 36 Page 1061 of 1207 23.3(a) and 23.3(b): (a) First,eligible members for acting Battalion Chief assignment shall be chosen from the most current promotional eligibility list with respect to assignedshift(s). This provision is effective following ratification and upon the establishment of the Battalion Chief eligibility list (b) If no one is available pursuant to Section 2 3.3(a),then eligible members for acting Battalion Chief assignment shall be a non-probationary Captain. For a Term Ending September 30,2021 37 Page 1062 of 1207 ARTICLE 24 EDUCATION 24.1 Non-probationary bargaining unit members are permitted to attend schools or classes for Career Ladder requirements while on duty,using personal time,as defined in Article 20,for the purpose of obtaining the education required for advancement or the updating of skills and knowledge, provided that such leave will not reduce the manpower of any shift below acceptable limits or result in overtime, as determined by the Battalion Chief. Reimbursement rates are set and published each fiscal year by the Fire Chief(or Designee) and are not intended to exceed Florida In-State tuition rates. Course selection and attendance must be pre-approved by the Deputy Chief of Operations. 24.2 The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program,which is attached as Addendum"F". The provisions of this Section and Addendum"F" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses (other than those specified as required for Career Ladder advancement). For the term of this Agreement, Tuition Assistance is funded at twenty-five thousand dollars ($25,000) per fiscal year. 24.3 The City may provide an opportunity for sending bargaining unit members to approved out-of- town training classes, subject to budgeted funds. A list of classes will be posted so each bargaining unit member has the opportunity to request classes of his/her choice. Approved City travel pay is in accordance with City policy. 24.4 Bargaining unit members are allowed to use on-duty time, without loss of vacation time, for classes necessary to remain certified in their current classification,or for classes required by the City. 38 Page 1063 of 1207 ARTICLE 25 EDUCATIONAL SUPPLEMENTAL COMPENSATION 25.1. Bargaining unit members are eligible for a monthly education supplemental compensation payment not to exceed the supplemental compensation limits set forth in applicable Florida Statute, FSS 633.422, as amended from time to time, and the corresponding regulations in the Florida Administrative Code. 25.2. The City will match the supplemental compensation payment as provided in Section 25.1. 25. 3. In the event that the supplemental compensation payment, as referenced in Section 25.1, is discontinued or adjusted for any reason,the City's contribution will not change and will remain consistent with the amount provided throughout the term of this Agreement 39 Page 1064 of 1207 ARTICLE 26 ASSIGNMENT PAY 26.1 Bargaining unit members holding a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and Medical Director will receive an additional hourly rate of three dollars and seventy-five cents ($3.75),which is considered wages. 26.2 A bargaining unit member holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform the duties as assigned by the Fire Chief and the Medical Director, but who is inactivated, either by choice or administrative direction, as an active Paramedic and is not on assignment as a Paramedic by the Fire Chief, will no longer receive the Paramedic Assignment Pay in Section 26.1. 26.3 Bargaining unit members selected to serve as the Technical Rescue Team (TRT) in accordance with criteria set forth by the Department and who perform TRT duties as assigned by the Deputy Chief of Operations will receive an additional hourly rate of seventy-five cents ($0.75), which is considered wages. 26.4 Bargaining unit members selected to serve on the Dive Rescue Team in accordance with criteria set forth by the Department and who perform Dive Team duties as assigned by the Deputy Chief of Operations will receive an additional hourly rate of seventy-five cents ($0.75), which is considered wages. 26.5 At any time a bargaining unit member is no longer certified or is inactivated, either by choice or administrative direction, (s)he will no longer receive the corresponding Assignment Pay in Section 26.3 and/or Section 26.4. 40 Page 1065 of 1207 ARTICLE 27 LICENSES AND REGISTRATION FEES 27.1 The City shall pay the fee for any license required by the City for employment purposes, such as EMT renewals or certificates. 27.2 In the event of any changes required by law regarding driver's license requirements for firefighters,the City and Union agrees to reopen this Article for negotiations. 41 Page 1066 of 1207 ARTICLE 28 SENIORITY LIST 28.1 The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1st of each year. Such list shall be posted thereafter on the bulletin board at each Fire Station and shall be considered correct unless objection is raised within thirty (30) calendar days of the posting. After thirty (30) calendar days, it shall stand approved,unless documented evidence is presented to justify changes or adjustments. 28.2 A bargaining unit member's seniority is established from the date of employment by the City of Boynton Beach Fire Rescue Department. If two (2) or more members are employed on the same date, the seniority standing shall be determined by the member's Fire Rescue Department ID number. The lower the ID number,the higher the position on the seniority list. 28.3 Layoffs and staffing cutbacks for bargaining unit members shall be determined by the seniority list. The bargaining unit member with the highest fire department employee number on the seniority list will be laid off first and so on down the list. In the event of layoffs and/or cutbacks, the City agrees to notify the Union President in writing, no less than fifteen (15) calendar days prior to said action. Bargaining unit members who are laid off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e., last laid off will be first recalled. No employees will be hired into any bargaining unit classification while a laid off member has recall rights. 42 Page 1067 of 1207 ARTICLE 29 VACANCIES AND PROMOTIONS 29.1 Budgeted promotional vacancies approved to be filled by the City Manager, will be announced within thirty (30) calendar days and selections will be made from the appropriate established eligibility list 29.1 a Selections of two (2) Captain vacancies will be made on February 18, 2019 from the existing Captain promotional list. Future vacancies will be filled in accordance with this Article. 29.1 b Selections of five (5) Lieutenant vacancies will be made on February 18, 2019 from the existing Lieutenant promotional list. Future vacancies will be filled in accordance with this Article. 29.2 Minimum requirements for promotion eligibility are outlined in Addendum "C". In order to be eligible, a candidate must meet the minimum requirements of the desired position as of the specified closing date of the posting(last date/time applications will be accepted). 29.3 The establishment of eligibility lists for the ranks of Lieutenant, Captain,and Battalion Chief will be through a competitive process,as determined by the Fire Chief(or Designee) and the Director of Human Resources and Risk Management(or Designee). 29.4 Announcements for promotional processes will be sent via e-mail to the Fire Department distribution list at least sixty (60) calendar days prior to the initial exam for the process. The announcement will include at a minimum the following information: (a) Reference to source material in a non-editable format and/or links obtainable through the Fire Department's shared network. (b) Weight and components of promotional process. (c) The minimum passing score for each exam component. (d) The specification and allotment of any additional points as outlined in Section 29.5. Within thirty(3 0) calendar days prior to a written exam,the date,time, and location of the exam will be secured and provided to candidates. Efforts will be made to provide five (5) calendar days between the written exam and practical exam components. 43 Page 1068 of 1207 29.5 Additional Points (Effective October 1, 2019): (a) Seniority,educational, and/or certification points are awarded as follows: Seniority Points: 0.25 points per continuous year of service as of the closing date of the posting. (No maximum) Education Points: Associate's Degree: 0.25 points Bachelor's Degree: 0.50 points Master's Degree: 1.00 points (Points issued for highest level of degree only) Certification Points: Fire Officer I: 0.25 points Fire Officer II: 0.50 points (Points issued for highest level of certification achieved) (b) Upon successful completion of the promotional process, Additional Points are added to the scores to establish the final ranking of the eligibility list. 29.6 A candidate must achieve a minimum passing score on each exam component in order to be considered for the eligibility list Scores will be rounded to the hundredths decimal point. 29.7 Written Exam.Review and Challenges: (a) Written exams are proctored by a minimum of one representative from Fire Administration, one representative from Human Resources,and one non-testing representative of the Union. (b) The written exam consists of one hundred ten(110)questions taken directly from the source materials. One hundred of the questions will be graded and worth one (1) point each. The ten additional questions contained within the exam (and determined prior to testing) are designated as"alternate questions"and will only be used for scoring if a question is removed due to a challenge. (c) Candidates will be given an opportunity to review the written exam immediately following the last exam submission. Source materials will be made available to candidates for the purpose of refuting the validity of any question on the exam. In the event a candidate decides 44 Page 1069 of 1207 to challenge a question,the exam proctors will confer regarding the merits of each challenge and will render a final decision as to whether the challenge will be upheld. This challenge will be done prior to scoring of the exams. If the challenge is upheld, the question will be thrown out(as if it never existed) and the first of the pre-determined ten alternate questions will be substituted to replace the question that had been removed due to the upheld challenge. 29.8 Exam Results and Selection: The ranking of all successful candidates shall be certified by the Director of Human Resources and Risk Management (or Designee) and posted in the form of an eligibility list. The Fire Chief may select for promotion any candidate in the top three (3) of the position's established eligibility list, and the City Manager approves the promotion. Once the promotion is made from the top three, the remaining candidates move up on the list. The eligibility list remains active for two (2) years from the date of establishment or until the list is depleted, whichever is sooner. A bargaining unit member who is not selected for promotion may request a meeting with the Fire Chief. 45 Page 1070 of 1207 ARTICLE 30 BULLETIN BOARDS The City shall furnish at each fire station a minimum of 3' x 4' space for bulletin boards for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. The Union supplies the bulletin boards. The Union holds the City harmless for any content posted on its bulletin board. 46 Page 1071 of 1207 ARTICLE 31 NOTIFICATION AND DISTRIBUTION 31.1 The Union's Legislative Vice President shall receive notification of the agendas and minutes of all regular and special meetings of the City Commission. 31.2 The Union will be provided with a copy of departmental Rules and Regulations, Standard Operating Guidelines, Policies, and Procedures. The Union will be provided with updates pursuant to Article 7 of this Agreement. 47 Page 1072 of 1207 ARTICLE 32 GRIEVANCE AND ARBITRATION 32.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of the express provisions of this Agreement. Issues or disputes, which are not grievances as so defined, shall not be subject to arbitration but maybe processed through the grievance procedure. The Parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. 32.2 Grievance Procedures: (a) Intent to Grieve-Petition Notice An aggrieved employee shall submit in writing a signed Petition to the Union Grievance Committee,which is comprised of the Union Executive Board,on or by the fifteenth(15th) calendar day of the occurrence or on or by the fifteenth (15th) calendar day of when the member knew or should have known of the occurrence. Within fifteen(15)calendar days of receipt of the Petition,the Union Grievance Committee will make a determination as to whether or not a grievance has merit to be advanced to Step One. The determination of the Union Grievance Committee is final and not subject to grievance,arbitration,or other review. The Union reserves the right to represent or not represent employees who are not members of the Union as provided by law. (b) Step One -Fire Chief(or Designee) The Union Grievance Committee shall submit in writing(via electronic e-mail to the Fire Chief with a CC: to the Director of Human Resources and Risk Management) a Step One grievance on behalf of an individual member or group of members on or by the thirtieth (30th) day of the occurrence or of when the bargaining unit member(s) knew or should have known of the occurrence. (i) All Step One grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and job title(s) of grievant(s); For a Term Ending September 30,2021 48 Page 1073 of 1207 c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested. (ii) All Step One class action grievances shall also include: a. Statement indicating the grievance is a class action; and b. Signature of an IAFF Union Official. (iii) In the event a Step One grievance does not contain the required information listed above, the Fire Chief (or Designee) may return the grievance to the Union by electronic mail with a written notification identifying the missing information and deeming the grievance as"incomplete." (iv) An"incomplete"grievance must be returned to the Union on or by the tenth(10th) calendar day of receipt of the grievance. The Union will then have ten (10) calendar days from the date of receipt of the incomplete grievance to resubmit a complete grievance. If a complete grievance is not resubmitted on or by the tenth (10th) day of receipt, it will be deemed "withdrawn," and the Union will not be able to resubmit it. The Fire Chief's detailed Step One response shall be transmitted to the Union via electronic mail on or by the tenth (10th) calendar day of receipt of a complete grievance. (c) Step Two- City Manager(or Designee) If no agreement is reached at Step One, the Union may file a Step Two written grievance on behalf of grievant(s) by electronic mail to the City Manager with a CC: to the Director of Human Resources and Risk Management on or by the tenth (10th) calendar day of receipt of the Step One response. The Step Two written grievance shall describe with specificity the information on which the Union is relying to establish why it believes the Fire Chief's Step One response is not agreeable. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union within ten (10) calendar days of receipt of the Step Two appeal if(s)he intends to conduct an interview For a Term Ending September 30,2021 49 Page 1074 of 1207 with the grievant(s). Once such notification is made, the time period for the City Manager's (or Designee's) Step Two response is tolled until the interviews can be scheduled and conducted. The City Manager(or Designee)shall respond in writing to the Step Two grievance by electronic mail on or by the thirtieth (301h) calendar day of receipt of the Step Two grievance or on or by the thirtieth (30th) calendar day following an interview with the grievant(s), or regarding the grievant(s),if an interview occurred. (d) Step Three -Arbitration If no agreement is reached at Step Two, the Union may refer the grievance on behalf of the grievant(s) to Arbitration by notifying the City Manager with a CC: to the Director of Human Resources and Risk Management by electronic mail on or by the fifteenth (15th) calendar day of receipt of the Step Two response. The City may also request Arbitration by notifying an IAFF Union Official by electronic mail on or by the fifteenth(15th)calendar day of submitting the Step Two response. 32.3 The Parties agree to the aforementioned step procedure outlined in this Article and acknowledge that the Parties can only extend stated deadlines by written agreement that matters are temporarily(not to exceed ten (10) calendar days) being held in abeyance. Extensions shall never be inferred by the conduct of a Party and shall always be in writing. If the Union or Grievant fails to timely file or timely advance a grievance to the next step,the grievance is deemed"withdrawn"and cannot be refiled. If the City fails to timely respond at any step,the Union or Grievant may proceed to the next step. Grievances at all steps shall be submitted by electronic mail and shall include the Director of Human Resources and Risk Management as a copied recipient. For the purpose of this Article, "of receipt"shall mean the date the electronic mail message was sent The Union reserves the right to represent or to not represent employees who are not members of the Union as provided by law. 32.4 Arbitration Procedures: The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of receipt of Arbitration notice as referenced in Section 32.1.4.a. by filing a request with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators with a business office in the State of Florida. A copy of this request shall be served on the other Party. (a) Arbitrator Selection Fora Term Ending September 30,2021 5o Page 1075 of 1207 Each Party retains the right to reject one arbitrator panel in its entirety and request that a new panel be issued. The Party requesting arbitration shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The person remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location determined by the Parties. (b) Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City, however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. (c) Arbitrator Authority and Award The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement In no event shall the terms and provisions of this Agreement be deleted, modified,or amended by the arbitrator. The arbitrator shall consider and decide only the specific issues raised by the grievance when it was submitted in writing to the City at Step One and the arbitrator shall have no authority to make his/her decision on any issue not submitted to him/her. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty(3 0)calendar days of the receipt of briefs,if any,or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. In the event the arbitrator finds a violation of the Agreement, the arbitrator shall determine an appropriate Award. The arbitrator's Award shall not be greater than the restoration of the bargaining unit member to his/her most recent position held and the monetary value of the employee's back wages and benefits to make the employee"whole." (d) Other Provisions A transcript of the Hearing will be made, unless waived by both Parties. Briefs, if any, must be filed with the arbitrator no later than thirty(3 0)days after the close of the Hearing or after receipt of the transcript, if a transcript is requested by either Party. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. For a Term Ending September 30,2021 51 Page 1076 of 1207 ARTICLE 33 PREVAILING RIGHTS All job rights and benefits authorized or permitted by the City Manager or Fire Chief and continuously enjoyed by bargaining unit members and not specifically provided for or abridged by this Agreement shall continue in full force or effect for the term of this Agreement. Except as specifically provided in this Agreement,this Agreement should not be construed to deprive any bargaining unit member of benefits or protections granted by the Laws of the State of Florida or Ordinance and Resolutions of the City of Boynton Beach. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 52 Page 1077 of 1207 ARTICLE 34 SAVINGS CLAUSE 34.1 If any provision (Article or Section) of this Agreement is found to be invalid, unlawful, or unenforceable, by any court having jurisdiction or by reason of any existing or subsequently enacted legislation or judicial authority,the remaining provisions of this Agreement shall remain in full force and effect 34.2 In the event of such finding, either Party may request to open negotiations for a substitute provision by notifying the other Party in writing within thirty (30) calendar days of the date the provision was invalidated. 53 Page 1078 of 1207 ARTICLE 35 APPENDICES.AMENDMENTS AND ADDITIONS All appendices, amendments and additions to this Agreement shall be numbered or lettered, dated and signed by the responsible parties, and shall be subject to all other provisions of this Agreement 54 Page 1079 of 1207 ARTICLE 36 SUCCESSORS This Agreement shall be binding upon the successors and assigns of the Parties hereto,and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either Party hereto. 55 Page 1080 of 1207 ARTICLE 37 COMPENSATORY TIME 37.1 Bargaining unit members maybe eligible for compensatory time at the discretion of the Fire Chief (or Designee) for participating in required educational and/or required training activities, special projects, and/or events as approved by the Fire Chief(or Designee). All compensatory time will be earned at the rate of one and a half (1.5) hours for each one (1) hour worked [in quarter (0.25)hour increments] and with a maximum cap of one hundred twenty(120) hours. 37.2 If a bargaining unit member's compensatory time balance is between ninety-six (96) and one hundred twenty (120) hours, the bargaining unit member is no longer eligible to earn compensatory time until the balance falls below ninety-six(9 6)hours. A bargaining unit member who reaches the maximum compensatory time threshold must schedule and take a minimum of twenty-four (24) compensatory leave time within ninety (90) days of accruing time to the maximum threshold. In the event the bargaining unit member fails to schedule and take twenty- four (24) hours of compensatory time during the ninety (90) day period,the first available date after the ninety (90) day period will be assigned by the Deputy Chief of Operations as a mandatory twenty-four (24) hour scheduled compensatory time day. During this referenced ninety (90) day period of time, the bargaining unit member is not allowed to accrue any additional compensatory time. For a Term Ending September 30,2021 56 Page 1081 of 1207 ARTICLE 38 MANAGEMENT RIGHTS 38.1 The Union and the bargaining unit members recognize and agree that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. 38.2 Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and method of service; to hire,promote, and/or otherwise determine the criteria and standards of selection for employment, and to terminate, demote, suspend,or otherwise discipline for just cause. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. 38.3 The City Manager and City Commission, in accordance with the City Charter have the authority to determine the purpose and mission of the City and the amount of budget to be adopted. 38.4 If,at the discretion of the City Manager,it is determined that civil emergency conditions exist,i.e., riot, civil disorder or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified as soon as is practical and further provided that wage rates and monetary fringe benefits shall not be suspended. 57 Page 1082 of 1207 ARTICLE 39 SUPPLEMENTAL RETIREMENT INSURANCE 39.1 Boynton Beach Firefighters Retirement Insurance Fund: The Union established its own retiree insurance benefit fund (hereinafter referred to as "the Fund") to provide full or partial health and welfare insurance premiums on behalf of employees of Boynton Beach Fire Rescue (The Department) who retired on or after October 1, 2005, and who met certain other established eligibility requirements. Any and all eligibility requirements and benefits provided will be determined solely by the board of Trustees of the Boynton Beach Firefighters Retirement Insurance Fund. All employees covered by this Agreement shall be eligible to participate in the Fund as are non-covered members who participate in the Firefighter's Pension Plan. 39.2 City Contribution of Funds: Effective October 1, 2010,the City increased on behalf of each employee, a contribution equal to one-half(0.5%) percent of the current gross annual payroll of active department members (for an accumulative total of 3.0%per year). The base pay rate is set forth in the Collective Bargaining Agreement between Local 1891 and the City of Boynton Beach and in the Boynton Beach Pay Plan at the time the contribution is made. 39.3 In subsequent years, throughout the term of this Agreement, the City will contribute an amount derived from the cumulative amount not paid to employees from the inception of the Fund on October 1, 2005 on behalf of each employee in a pay status before ratification of this Agreement. 39.4 Annual Payment of Funds: In subsequent years, the annual contribution, an amount derived from the cumulative amount not paid to employees shall be remitted to the Fund by October 15th, and each October 151h thereafter,provided that the department has received a written invoice for said benefits. Failure to submit a written invoice shall not bar the Union from receipt of said funds,but shall allow the City thirty(3 0)days to provide the funds,which shall be retroactive. The City shall pay the annual contribution on October 1St of each fiscal year of this Agreement on behalf of each employee who was in an active pay status on October 1, 2018. Accompanying the contribution, the City shall provide a list of all department members for whom payment was made. 58 Page 1083 of 1207 39.5 Termination of Fund: Contribution to the Fund, as provided in this Article was negotiated and agreed to by the Parties in lieu of a wage increase. In the event of termination of Fund,the wage increase specified in this Article shall be added to each active employee's then current base annual pay, as such base pay rate is set forth in the Collective Bargaining Agreement and the City of Boynton Beach Pay Plan at the time of termination of the Fund. 39.6 Indemnification: The Union shall indemnify,and hold the City harmless against any claim,demand,suit,or liability, and for all legal costs arising in relation to the implementation, or administration, of the Fund, except to the extent that the City's acts or omissions give rise to its own liability. 59 Page 1084 of 1207 ARTICLE 40 COLLATERAL DOCUMENTS 40.1 The collective bargaining agreement does not exist in a void. Provisions, as amended from time to time, of the City's Personnel Policy Manual (PPM), the City's Administrative Policy Manual (APM), Department Rules and Regulations, and other policies established by Resolution or Ordinance (collectively referred to as collateral documents), are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of this Agreement, in which case the terms of this Agreement shall control. Specific applicable collateral documents will be discussed and approved by the Labor-Management Team. 40.2 The City will provide draft revisions of collateral documents to the union for review to ensure that said documents are not in conflict with,and do not impact policies relied upon by the Union and absent in this Agreement. 40.3 Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain, subject to applicable law. 60 Page 1085 of 1207 ARTICLE 41 PENSION 41.1 The City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which is attached as Addendum"D". 41.2 The City and the Union agree to amend provisions of the pension as outlined in the Pension Agreement,which is attached as Addendum"E". 41.3 The Union agrees to reopen this Article for negotiations regarding Ordinance 18-222 upon written notice by the City at any time during the term of this Agreement 61 Page 1086 of 1207 ARTICLE 42 DRUG FREE WORKPLACE 42.1 Both the City and the Union recognize that substance abuse is a widespread problem within our society. The Union will assist bargaining unit members in obtaining assistance and treatment, if alcohol and/or substance abuse are apparent The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach and will cooperate fully with the City to continue with the implementation and enforcement of the policy. 42.2 The Drug-Free Workplace Policy and procedures for Post-Accident and Random Drug and Alcohol testing is in effect and outlined in the attached Addendum"A". 62 Page 1087 of 1207 ARTICLE 43 WELLNESS/FITNESS PROGRAM 43.1 To support a healthy workforce,the Union and the City commit to developing and implementing a voluntary Wellness and Fitness Program based on the recommendations of the IAFF / IAFC Joint Labor-Management Initiative. 43. 2 The Wellness/Fitness Program will be offered in such a way that each fire fighter is encouraged to obtain a level of wellness/fitness consistent with the duties (s)he performs and his/her individual abilities. The wellness/ fitness program is intended as a positive program and is not punitive in design. 43. 3 The Fire Department's Health and Safety Officer will develop and maintain safe and clear objectives and provide a supportive and productive atmosphere to all bargaining unit members participating in the program. The program shall consist of physical and mental fitness and nutritional components. The Department's Health and Safety Officer will also compile individuals'fitness data for eligibility of annual assessment performance. 43. 4 A Wellness/Fitness Pool(hereinafter referred to as"WFP")will be established for bargaining unit members to use for the purpose of participating in Wellness and Fitness resources. Any and all eligibility requirements and benefits provided shall be determined by the committee comprised of the Union Executive Board in consultation with the Fire Chief(or Designee),Director of Human Resources and Risk Management (or Designee) and the Union President (or Designee). All bargaining unit members are eligible to utilize available resources provided, in accordance with the Standing Procedures. 43.4.1 The City will contribute eight(8)hours per active bargaining unit member to the Wellness/Fitness Pool "WFP" upon ratification of this Agreement. Thereafter, bargaining unit members will be able to fund the pool with donations as needed. Sick time donations are at a fifty percent (50%) conversion rate and vacation and compensatory time donations are at a one hundred percent(100%) conversion rate. 43.4.2 Wellness/Fitnees Pool ("WFP") time must be used in a minimum of two (2) hour increments. When scheduled use of WFP time results in 63 Page 1088 of 1207 overtime for another bargaining unit member, the WFP time will be charged at(drawn down by)time and one-half(1.5)to minimize the cost to the City of a member's absence. 43.5 Participating bargaining unit members, after successful completion of an annual assessment performance,in accordance with the standards set forth by the Committee,are eligible to convert up to five hundred dollars ($500.00), after pension deductions, of any combination of vacation and/or sick time ata 100%conversion rate into their H.S.A.within sixty(60)days of completion. The provisions in Section 43.5 expire on September 30, 2021. 64 Page 1089 of 1207 ARTICLE 44 MODIFIED WORK f LIGHT DUTY 44.1 Modified Work/Light Duty Assignments (Workers' Compensation),: A bargaining unit member who has been released to work with restrictions may be accommodated with a modified work/light duty assignment at the discretion the Director of Human Resources and Risk Management and the Fire Chief. A bargaining unit member may choose to accept or decline the modified work/light duty assignment. If a bargaining unit member declines an offer of a modified work/light duty assignment, the bargaining unit member is required to remain off work until released to full duty with no restrictions,and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, a bargaining unit member who declines an offer of a modified work/light duty assignment and who meets the eligibility requirements for leave under FMLA, will have his/her time off automatically designated as FMLA. For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department 44.2 Modified Work/Light Duty Assignments (Other): The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to bargaining unit members who request them and are qualified. A bargaining unit member may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department Due to federal laws surrounding leave and accommodations,all Modified Work/Light Duty requests must be made directly to the Human Resources and Risk Management Department and are subject to approval by the Director of Human Resources and Risk Management (or Designee). Human Resources may consult with the Fire Chief (or Designee) regarding a bargaining unit member's work restrictions in order to assist in evaluating the feasibility of an accommodation. 65 Page 1090 of 1207 ARTICLE 45 DURATION 45.1 This Agreement shall be in force and effective upon ratification by both parties and remain in full force and effect until September 30, 2021. If all issues are not resolved by September 30, 2021, this Agreement remains in force and shall constitute the status quo during any period of negotiations for a successor Agreement 45.2 Negotiations for a successor Agreement shall begin no later than April 1, 2021 upon written notice from either Party to the other. 66 Page 1091 of 1207 UNION CONTRACT-ADDENDUM"A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all employees of the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling,testing,and strong specimens and reporting test results. 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen,which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity,sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore activities participated in while off duty may result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol,or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines) A list of the most common medications which may alter or affect a For a Term Ending September 30,2021 67 Page 1092 of 1207 drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. S. "Employee"means an individual who works for salary,wages,or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling,and referral to an alcohol and drug rehabilitation program. 7. "Employer"means an agency within state government that employs individuals for salary,wages, or other remuneration. 8. "Implementation Period"means October 1, 2015 through September 30, 2018. 9. "Initial drug test" means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 10. "Job Applicant"means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 11. "Mandatory-testing position/Safety-sensitive position"means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check,pursuant to F.S. 110.1127,or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 12. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result The MRO need not be an employee of the City. 13. "Prescription or Nonprescription Medication"means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases,ailments, or injuries. For a Term Ending September 30,2021 68 Page 1093 of 1207 14. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question.Among other things,such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused,or contributed to, an accident while at work: i. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and immediately receives medical treatment away from the scene of an accident, one or more vehicles incurs "disabling damage"as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle and under any circumstances when the bargaining unit member is issued a traffic citation. ii. "Disabling damage"means damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages includes damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat tire with no spare available, minor scrapes/scratches to the exterior of the vehicle; or damage to headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. iii. An order to submit to post accident testing can be made by a Battalion Chief or any chief officer within the division. Any bargaining unit member ordered for a post-accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act For a Term Ending September 30,2021 69 Page 1094 of 1207 as a quiet observer to the testing procedure and shall not interfere with the testing procedures. iv. Refusal to submit to an order for post-accident drug testing, or intentionally delaying a post-accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test f. Evidence that an employee has used,possessed,sold,solicited,or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery,or equipment. 15. "Special-Risk Position"means a position that is required to be filled by a person who is certified under Chapter 633,Fire Prevention and Control or Chapter 943,Department of Law enforcement. 16. "Specimen"means a tissue or product of the human body including blood,urine,or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 17. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse during the Implementation Period and prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation,or prior to being involved in an accident requiring drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling, trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties, will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation,to rule out any problem(s)that may have been caused by prescription drugs. If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they For a Term Ending September 30,2021 70 Page 1095 of 1207 see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the N.F.P.A. standards for firefighters so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II,III,or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a firefighter while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II,III,or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. S. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted,until (s)he can return to work. If the employee reports to work,the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre-Employment For a Term Ending September 30,2021 71 Page 1096 of 1207 The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a) Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above-section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County : 561-278-0000 c) Palm Beach Al-Anon/AI-a-Teen Information: 561-882-0308 d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. Fora Term Ending September 30,2021 72 Page 1097 of 1207 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP,the City will provide appropriate assessment,referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis,for up to two years thereafter as a condition of continued employment These stipulations may be incorporated in a Last Chance Agreement S. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees'behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol,the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. For a Term Ending September 30,2021 73 Page 1098 of 1207 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources&Risk Management should be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe,reliable and trustworthy manner,the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline,up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive,confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol free work environment,the City will test for the presence of alcohol and drugs in the following circumstances: 1. Pre-employment. Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory-testing, safety-sensitive, or special-risk position are required to take a drug and alcohol test For a Term Ending September 30,2021 74 Page 1099 of 1207 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post-incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a)discernable property damage, (b)the employee receiving medical attention,or(c) the employee receiving a citation. [See 14.e. (i-iv)]. 4. Random Testing: Employees are subject to random drug testing. Random selection for testing is done by an independent third party, approved by both the IAFF and the City, by a random computer generated list No more than one hundred percent (100%)of the IAFF population will be randomly tested during any one contract year: October 1St through September 30th. S. Fitness for duty: All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. B. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #16, who refuses to submit to a drug and alcohol test will not be hired. C. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test D. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the For a Term Ending September 30,2021 75 Page 1100 of 1207 extent necessary to comply with this policy. All information, reports, memos and drug test reports,written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. E. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test F. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section I. Employees and job applicants should review this list prior to submitting to a drug test G. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. H. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. I. Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non-exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a For a Term Ending September 30,2021 76 Page 1101 of 1207 Blood Alcohol Test 2. Amphetamines 3. Cannabinoids 4. Cocaine S. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13. A metabolite on any substance listed herein 14. Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric,Parepectolin Morphine Morphine,Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A-C, Hydrocodone, Coke Crack Heroin Diacetylmorphine,horse,smack Hydromorphone Dilaudid Meperidine Demerol,Mepergan Methadone Dolophine,Methadone,Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam,Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil,Miltown,Noludar, Placidyl,Valmid NEW DRUGS- New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor- Management Committee. For a Term Ending September 30,2021 77 Page 1102 of 1207 PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products,this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine,Desoxyn, Dexedrine,Didrex, Lonamine,Fastin. Cannabinoids: Marinol (Dronabinol,THC). Cocaine: Cocaine, HCI topical solution(Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine,APAP with Codeine,Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant,Diluadid(Hydromorphone),MS Contin and Roxano(morphine sulfate), Percodan,Vicodin,Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel,Butabarbital, Butalbital, Phrenilin,Triad,etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium,Verstran, Halcion,Paxipam, Restoril, Centrax,etc. Methadone: Dolophone,Metadose,etc. Propoxyphene: Darvocet, Darvon N, Dolene,etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s)because the presence of these medications in the body may have affected the outcome of the test J. Challenge of Test Results 1. An employee who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources and Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. An employee may provide a signed release authorizing the Director of Human Resources and Risk Management to provide the test result and his/her submitted information to the Union President(or Designee) and/or the Fire Chief. 2. If the explanation or challenge of the employee is unsatisfactory to the City, the City For a Term Ending September 30,2021 78 Page 1103 of 1207 will provide a written explanation as to why the employee's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee contests the drug test results (s)he must promptly notify the Medical Review Officer This policy has been adapted from the City of Boynton Beach policy and is specific to Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 of the International Association of Fire Fighters,AFL-CIO, CLC. For a Term Ending September 30,2021 79 Page 1104 of 1207 UNION CONTRACT-ADDENDUM`B" WAGES-STEP PLAN October October October Probationary Annualized Hourly Probationary Annualized Hourly Probationary Annualized Hourly Step 1 $48,297.60 $19.3500 Step 1 $49,246.08 $19.7300 Step 1 $50,244.48 $20.1300 Firefighter Annualized Hourly Firefighter Annualized Hourly Firefighter Annualized Hourly Step 1 $50,718.72 $20.3200 Step 1 $51,717.12 $20.7200 Step 1 $52,765.44 $21.1400 Step 2 $52,490.88 $21.0300 Step 2 $53,539.20 $21.4500 Step 2 $54,612.48 $21.8800 Step 3 $54,312.96 $21.7600 Step 3 $55,411.20 $22.2000 Step 3 $56,509.44 $22.6400 Step 4 $56,709.12 $22.7200 Step 4 $57,832.32 $23.1700 Step 4 $58,980.48 $23.6300 Step 5 $58,705.92 $23.5200 Step 5 $59,879.04 $23.9900 Step 5 $61,052.16 $24.4600 Step 6 $60,752.64 $24.3400 Step 6 $61,975.68 $24.8300 Step 6 $63,198.72 $25.3200 Step 7 $62,874.24 $25.1900 Step 7 $64,122.24 $25.6900 Step 7 $65,395.20 $26.2000 Step 8 $65,095.68 $26.0800 Step 8 $66,368.64 $26.5900 Step 8 $67,691.52 $27.1200 Step 9 $67,367.04 $26.9900 Step 9 $68,689.92 $27.5200 Step 9 $70,062.72 $28.0700 Step 10 $69,713.28 $27.9300 Step 10 $71,111.04 $28.4900 Step 10 $72,508.80 $29.0500 Step 11 $72,159.36 $28.9100 Step 11 $73,582.08 $29.4800 Step 11 $75,054.72 $30.0700 Step 12 $74,680.32 $29.9200 Step 12 $76,177.92 $30.5200 Step 12 $77,675.52 $31.1200 Step 13 $77,301.12 $30.9700 Step 13 $78,823.68 $31.5800 Step 13 $80,396.16 $32.2100 Step 14 $79,996.80 $32.0500 Step 14 $81,594.24 $32.6900 Step 14 $83,216.64 $33.3400 Step 15 $82,817.28 $33.1800 Step 15 $84,439.68 $33.8300 Step 15 $86,136.96 $34.5100 Firefighter OE Annualized Hourly Firefighter OE Annualized Hourly Firefighter OE Annualized Hourly Step 1 $62,400.00 $25.0000 Step 1 $63,623.04 $25.4900 Step 1 $64,846.08 $25.9800 Step 2 $64,571.52 $25.8700 Step 2 $65,844.48 $26.3800 Step 2 $67,117.44 $26.8900 Step 3 $66,842.88 $26.7800 Step 3 $68,140.80 $27.3000 Step 3 $69,488.64 $27.8400 Step 4 $69,164.16 $27.7100 Step 4 $70,536.96 $28.2600 Step 4 $71,909.76 $28.8100 Step 5 $71,585.28 $28.6800 Step 5 $73,008.00 $29.2500 Step 5 $74,430.72 $29.8200 Step 6 $74,106.24 $29.6900 Step 6 $75,553.92 $30.2700 Step 6 $77,026.56 $30.8600 Step 7 $76,702.08 $30.7300 Step 7 $78,199.68 $31.3300 Step 7 $79,722.24 $31.9400 Step 8 $79,372.80 $31.8000 Step 8 $80,920.32 $32.4200 Step 8 $82,517.76 $33.0600 Step 9 $82,143.36 $32.9100 Step 9 $83,765.76 $33.5600 Step 9 $85,413.12 $34.2200 Step 10 $85,038.72 $34.0700 Step 10 $86,686.08 $34.7300 Step 10 $88,383.36 $35.4100 Lieutenant Annualized Hourly Lieutenant Annualized Hourly Lieutenant Annualized Hourly Step 1 $73,107.84 $29.2900 Step 1 $74,505.60 $29.8500 Step 1 $75,953.28 $30.4300 Step 2 $75,653.76 $30.3100 Step 2 $77,126.40 $30.9000 Step 2 $78,624.00 $31.5000 Step 3 $78,299.52 $31.3700 Step 3 $79,822.08 $31.9800 Step 3 $81,369.60 $32.6000 Step 4 $81,045.12 $32.4700 Step 4 $82,617.60 $33.1000 Step 4 $84,215.04 $33.7400 Step 5 $83,890.56 $33.6100 Step 5 $85,512.96 $34.2600 Step 5 $87,160.32 $34.9200 Step 6 $86,810.88 $34.7800 Step 6 $88,508.16 $35.4600 Step 6 $90,205.44 $36.1400 Step 7 $89,856.00 $36.0000 Step 7 $91,603.20 $36.7000 Step 7 $93,375.36 $37.4100 Step 8 $93,000.96 $37.2600 Step 8 $94,798.08 $37.9800 Step 8 $96,645.12 $38.7200 Step 9 $96,245.76 $38.5600 Step 9 $98,117.76 $39.3100 Step 9 $100,014.72 $40.0700 Step 10 $99,615.36 $39.9100 Step 10 $101,562.24 $40.6900 Step 10 $103,534.08 $41.4800 Captain Annualized Hourly Captain Annualized Hourly Captain Annualized Hourly Step 1 $82,717.44 $33.1400 Step 1 $84,314.88 $33.7800 Step 1 $85,937.28 $34.4300 Step 2 $85,612.80 $34.3000 Step 2 $87,260.16 $34.9600 Step 2 $88,957.44 $35.6400 Step 3 $88,608.00 $35.5000 Step 3 $90,330.24 $36.1900 Step 3 $92,052.48 $36.8800 Step 4 $91,703.04 $36.7400 Step 4 $93,475.20 $37.4500 Step 4 $95,272.32 $38.1700 Step 5 $94,922.88 $38.0300 Step 5 $96,744.96 $38.7600 Step 5 $98,616.96 $39.5100 Step 6 $98,242.56 $39.3600 Step 6 $100,139.52 $40.1200 Step 6 $102,061.44 $40.8900 Step 7 $101,687.04 $40.7400 Step 7 $103,633.92 $41.5200 Step 7 $105,630.72 $42.3200 80 Page 1105 of 1207 UNION CONTRACT-ADDENDUM`B" WAGES-STEP PLAN October October October Battalion Chief Annualized Hourly Battalion Chief Annualized Hourly Battalion Chief Annualized Hourly Step 1 $93,050.88 $37.2800 Step 1 $94,823.04 $37.9900 Step 1 $96,670.08 $38.7300 Step 2 $96,295.68 $38.5800 Step 2 $98,142.72 $39.3200 Step 2 $100,039.68 $40.0800 Step 3 $99,665.28 $39.9300 Step 3 $101,587.20 $40.7000 Step 3 $103,559.04 $41.4900 Step 4 $103,159.68 $41.3300 Step 4 $105,131.52 $42.1200 Step 4 $107,178.24 $42.9400 Step 5 $106,778.88 $42.7800 Step 5 $108,825.60 $43.6000 Step 5 $110,922.24 $44.4400 81 Page 1106 of 1207 UNION CONTRACT-ADDENDUM"C CAREER LADDER - MINIMUM REQUIREMENTS As referenced in Article 24-Education (Section 24.1) Non-probationary members are permitted to attend schools or classes for Career Ladder requirements .... Reimbursement rates are not intended to exceed Florida In-State tuition rates. Course selection and attendance must be pre-approved by the Deputy Chief of Operations Bargaining unit members are "grandfathered in" the current positions in which they are placed upon ratification of this Agreement. Probationary, Fighter (Prob FFA, PREREQUISITES: • Certified Florida Firefighter; and • Certified Florida Emergency Medical Technician or Paramedic. FirefighteL(FFA PREREQUISITES: • Successful completion of the Probationary Firefighter Manual ("Green Book"); • Successful completion of FF Performance and Written Examinations; and • Minimum of one (1)year of service with BBFRD. REQUIRED TO BE PROMOTED TO FIREFIGHTER: • Successful completion of all prerequisite requirements; and • Successful completion of the annual evaluation process for Probationary Firefighters; and • Selection by the Fire Chief with approval by the City Manager. PARAMEDIC REQUIREMENT TO ADVANCE AS A FIREFIGHTER: • Members hired after October 1, 2018 must be a Certified Florida Paramedic and be in"Active Paramedic"status within the Department to advance to Firefighter Step S. Firefighter Operator Engineer (O/E1 Through September 30,2019, a bargaining unit member who,prior to ratification of this Agreement, was in the position of Firefigh ter II is eligible to become a Firefigh ter 0/E regardless of the following newly added requirements (service years and courses taken). Effective October 1, 2019, the following requirements prevail: PREREQUISITES: Fora Term Ending September 30,2021 82 Page 1107 of 1207 • Successful completion of all prerequisite requirements for a Firefighter; and • Minimum of four (4)years of service with BBFRD; and • Certified Florida Paramedic and Department"Active Paramedic"status; and • Successful completion of: • FFP 1302 Fire Apparatus Operator (or equivalent); and • FFP 1301 Fire Service Hydraulics (or equivalent); and • BBFRD-sanctioned Aerial Apparatus Course (40-hour minimum) or FSFC 703; and • FFP 2120 Building Construction for Fire Service; and • Firefighter Operator Engineer Manual ("Red Book"); and • State of Florida Certified Operator Engineer. REQUIRED TO BE PROMOTED TO FIREFIGHTER OPERATOR ENGINEER(0/E): • Successful completion of all prerequisite requirements; and • Successful completion of BBFRD Apparatus, Hydraulics, and Aerial Operation Performance and Written Examinations. REQUIRED TO SERVE AS AN ACTING LIEUTENANT (as referenced in Article 23): Through September 30,2019, a bargaining unit member who,prior to ratification of this Agreement, was in the position of Firefighter III is able to serve as an Acting Lieutenant regardless of the following stated requirements Effective October 1,2019, the following requirements prevail. • Serving a minimum of one (1)year at BBFRD as Firefighter 0/E; and • Successful completion of: • FFP,ATPC or BFST 1810: Fire Service Strategy and Tactics 1; and • FFP,ATPC or BFST 2720: Company Officer Leadership; and • FFP,ATPC or BFST 1740: Course Delivery; and • Complete Fire Inspection/Prevention Packet with a BBFRD Assistant Fire Marshal or Complete FFP,ATPC or BFST 1505 Fire Prevention Practices and FFP,ATPC or BFST 1540 Private Fire Protection Systems 1; and • Complete a Pre-Incident Plan on a City Target Hazard (to be pre-approved); and • Successful completion of BBFRD Officer Candidate School including but not limited to: • Department Policies, EMS Protocols, SOG's, Rules and Regulations; and • Labor-Management Relationship and Collective Bargaining, and • The Changing Workforce and Dealing with Change; and • Diversity, Sexual Harassment, and Discrimination Training; and • Technical Report Writing and Report Quality Assurance; and • Performance Evaluation Training, and • Coaching, Counseling,and Disciplinary Action; and • Successful completion of BBFRD Performance and Written Examinations; and • Must be on current Lieutenant Eligibility List, or • State Certified Fire Officer I; and • NIMS 100, 200, 700,and 800 compliant. For a Term Ending September 30,2021 83 Page 1108 of 1207 Lieutenant(LT) PREREQUISITES: (Eligibility Criteria necessary to test for Lieutenant Promotional Process) • Successful completion of all prerequisite requirements; and • Minimum of seven (7)years of service with BBFRD; and • Minimum of one (1)year serving as an Acting Lieutenant. REQUIRED TO BE PROMOTED TO LIEUTENANT: • Successful completion of all requirements; and • Promotion is based on successful completion of Lieutenant promotional examination/assessment process and selection by the Fire Chief with approval by the City Manager; and • Effective October 1, 2019: • NIMS 100, 200, 700,and 800 compliant, and • State Certified Fire Officer I; and REQUIRED TO SERVE AS AN ACTING CAPTAIN (Implemented as referenced in Article 23): • Successful completion of serving as a Lieutenant for a minimum of six(6) months; and • Must be on current Captain Eligibility List, or • Effective October 1, 2019: • State Certified Fire Officer I; and • NIMS 300 compliant Captain (CAPT) PREREQUISITES: (Minimum criteria necessary to test for the Captain Promotional Process) • Must meet all requirements for Lieutenant, and • Successful completion of any 2000 or 3000 level Personnel Management Course (minimum of 40 hours); and • Minimum of nine (9)years of service with BBFRD; and • Minimum of two (2)years of service as a Lieutenant with BBFRD,following the first Captain's promotional process after ratification. REQUIRED TO BE PROMOTED TO CAPTAIN: • Successful completion of all requirements; and • Promotion is based on successful completion of Captain promotional examination/assessment process and selection by the Fire Chief with approval by the City Manager; and • Effective October 1, 2019 • NIMS 300 compliant. Fora Term Ending September 30,2021 84 Page 1109 of 1207 REQUIRED TO SERVE AS ACTING BATTALION CHIEF (Implemented as referenced in Article 23): • Successful completion of serving as Captain for a minimum of six(6) months; and • Must be on current Battalion Chief Eligibility List, or • Effective October 1, 2020: • State Certified Fire Officer II; and • NIMS 400 compliant. Battalion Chief(BC) PREREQUISITES: (Minimum criteria necessary to test for the Battalion Chief Promotional Process) • Must meet all requirements for Captain; and • Successful completion of Certified Incident Commander Course; • Completion of Human Resources Course at minimum level 3000; and • Minimum of twelve (12)years of service with BBFRD; and • Minimum of three (3)years as a Captain with BBFRD. REQUIRED TO BE PROMOTED TO BATTALION CHIEF: • Successful completion of all prerequisite requirements; and • Promotion is based on successful completion of Captain promotional examination/assessment process and selection by the Fire Chief with approval by the City Manager; and • Effective October 1, 2020: • State Certified Fire Officer II; and • NIMS 400 compliant Fora Term Ending September 30,2021 85 Page 1110 of 1207 UNION CONTRACT-ADDENDUM"D" MUTUAL CONSENT AGREEMENT (Use of Insurance Premium Tax Revenue) This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH,a Florida municipal corporation,whose address is 100 E.Boynton Beach Boulevard,Boynton Beach,FL 33435 (the "CITY") and the BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS,IAFF LOCAL 1891 ("IAFF"). WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida),hereinafter"Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS,the City has a retirement pension plan and fund for firefighters known as the Boynton Beach Firefighters' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighter pension plans as set forth in chapter 175, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (IAFF). NOW THEREFORE,the City and Unions agree as follows: 1. The foregoing Whereas clauses are true and correct 2. The total of$150,000.00 of IPTR,whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Firefighters'Pension Fund. Payment will be made in accordance with attached letter from the Pension Board to Chair,Matthew Petty,dated December 28, 2018. 3. This Consent Agreement takes effect when signed by IAFF and City. SIGNATURE PAGE FOLLOWS Fora Term Ending September 30,2021 86 Page 1111 of 1207 MUTUAL CONSENT AGREEMENT-SIGNATURE PAGE (Use of Insurance Premium Tax Revenue) THE CITY OF BOYNTON BEACH Lori LaVerriere, City Manager ATTEST: City Clerk BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL 1891 IAFF President APPROVED AS TO LEGAL FORM: City Attorney For a Term Ending September 30,2021 87 Page 1112 of 1207 ADD A BOYNTON BEACH FIREFIGHTERS & PARAMEDICS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891 Monday, December 10, 2018 Matt Petty Chairman, Boynton Beach Firefighters Pension Dear Chairman Petty, The Boynton Beach Fire Fighters and Paramedics of Local 1891 has come to an agreement with the City of Boynton Beach regarding the use of IPTR for our CBA. As part of this agreement, we are requesting approval of IPTR totaling $150,000.00 over the proposed agreement, October 2018 - September 2021. The allocations would be as followed: -October 2018 ( $0 ) -October 2019 ($75,000.00) -October 2020 ($75,000.00) It is my understanding the above allocation would satisfy IPTR requirements under SB 172, as past practice of our Local and the City. Thank you in advance. Respectfully, sh'� wcz President, Local 1891, Shawn Weeks 88 Page 1113 of 1207 ADDENDUM "E" PENSION AGREEMENT ALL EMPLOYEES-ON RATIFICATION Sec. 18-180. Effective October 1, 2018, for any member meeting a definition of deferred vested, early,or normal retirement date,will have the average final compensation(AFQ benefit capped at ninety five thousand dollars ($95,000.00). The cap will be adjusted annually on the first(I st)day of October by one and a half percent(1.5%) after a five year delay. The first adjustment to the cap is effective for members on or after October 1,2023. IAF F:5�1= CITY DATE 12,1 zy�I e- � (NEW HIRES -OND&AFTER RATIFICATION) Sec. 18-180.1. Upon ratification,new members entering the plan, the benefit payable for early retirement or deferred vested shall be the same as determined for normal retirement, as set forth in section 18-180, and shall not be payable until the member reaches a minimum age of fifty five(55). IAFFCITYJ(� "� DATE: 12 119119 Sec. 18-185.Normal retirement date. Upon ratification,new members entering the plan, the normal retirement date of each firefighter will be the first day of the month coinciding with, or next following,the earlier of the date on which such firefighter has attained and completed twenty five (25)years of service,regardless of age, or at fifty-five(5 5)years of age with ten(10)years of service. There is no age requirement for a normal retirement. IAFF_ CITY9 DAM-14ahe of parties mutually agree to have the Pension Fund Attorney draft appropriate ordinance to reflect VIB__a�bove adjustments, to be reviewed and approved by City Attorney before ratification. IAFF CITY', U 89 Page 1114 of 1207 UNION CONTRACT-ADDENDUM"17" TUITION ASSISTANCE PROGRAM As referenced in Article 24-Education,bargaining unit members are eligible for tuition reimbursement pursuant to the City's Tuition Assistance Program, Policy No. 05-003, which is included in this Addendum. The City agrees to fund the Tuition Assistance Program for IAFF bargaining unit members in the amount of $25,000 each fiscal year of this Agreement Funding for this program expires on September 30, 2021 until renegotiated. CITY'S TUITION ASSISTANCE PROGRAM FOLLOWS For a Term Ending September 30,2021 90 Page 1115 of 1207 Policy No.05-003 Tuition Assistance Program August 1,2018 Tuition Assistance Program 1.1 PURPOSE To provide financial assistance,when such funding is appropriated and approved in the City's Human Resources Department's annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be suspended or cancelled at any time. 1.2 SCOPE Employees who are eligible to participate in this program are full time, non-probationary, unrepresented (General) employees and full-time, non-probationary employees covered under the SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered the DROP pursuant to a City pension plan are not eligible to participate in this program. Employees who are governed by a Collective Bargaining Agreement other than SEIU are not eligible to participate in this program. Employees must be"in good standing"with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 1.3 DEFINITIONS a. Accredited college or university: A college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post-secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (haps:Uope.e d.gov/accreditation/Search.aspx). The Director of Human Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled to work a minimum of thirty-six(3 6) hours per work week. c. "In good standing": An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement, 2. Has not been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reimbursement, and 3. For one (1) year prior to the date of program enrollment and through the date of reimbursement, has not received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for disciplinary reasons. d. Non-probationary: An employee who has successfully completed his/her initial one (1)year probationary period. Employees who are on a probationary period solely due to a promotion or reclassification and who have already been employed with the City in a full-time position for more than one (1)year are considered"non-probationary"for purposes of this policy. 1.4 POLICY 91 Page 1116 of 1207 Policy No.05-003 Tuition Assistance Program August 1,2018 A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information, titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts, will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each funded fiscal year or until funds are exhausted,whichever comes first. The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance Program funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. • Reimbursement Period One: For course dates between August and December o Deadline for submitting Reimbursement Applications: January 31St o Final reimbursement issued in February • Reimbursement Period Two: For course dates between January and July o Deadline for submitting Reimbursement Applications:August 31St o Final reimbursement issued in September C. The following courses are ineligible for reimbursement under all circumstances, even if they are a requirement for obtaining a degree: 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 4. Course that earns only Continuing Education Credits (CEUs); 5. Exam preparation course or entrance exam; 6. Course taken as"audit only"; 7. Course graded only as"Pass/Fail",- 8. Pass/Fail";8. Course issuing credit only as"Life Experience"and/or"Portfolio"; 9. Course fulfilling only a physical education or sexual education requirement, 10. Course taken that is not part of an employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program. D. The letter grade an employee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to eligible expenses. • A= 100% 92 Page 1117 of 1207 Policy No.05-003 Tuition Assistance Program August 1,2018 • B = 75% • C = 50% • D = 0% (ineligible for reimbursement under this policy) • F = 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete" or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of$5,2 50.00 in any calendar year is excluded from tax;any amount received in excess of $5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service (IRS). F. An employee who separates employment for any reason other than a City-initiated layoff or termination within twenty-four (24) months of receiving any amount of financial assistance pursuant to this policy,authorizes the City to deduct the amount(s)of such reimbursement(s) from any amount of payout to which(s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amount(s) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. No employee should expect or rely upon the City, Human Resources, or any other person to "remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee understands the program and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet"Enrollments"tab. 2. Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility on the "Enrollments"tab. 3. Human Resources will notify employees in writing of their participation approval or denial. If an employee is denied,the reason for the denial will be included. 93 Page 1118 of 1207 Policy No.05-003 Tuition Assistance Program August 1,2018 c. A separate Tuition Assistance Program Reim b ursemen tApplica tion is required to be submitted for each course for which an employee is requesting reimbursement These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required documentation is required to be submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to: r@bbfl.us with the subject line: Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means Tuition Assistance Program,YYYY means calendar year, MM means calendar month, DD means calendar day,and###indicates the number of the request received on the specified date. For example, the first request received on October 1, 2017 would be assigned the tracking number: TAP-2017-10-01-001. 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail to the employee, who will need to resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reimbursement A new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet"Applications" tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade,Credit Hours,and Book(s)Costwill be logged on the"Applications"tab. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31St deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. 94 Page 1119 of 1207 Policy No.05-003 Tuition Assistance Program August 1,2018 iii. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this remaining balance to the beginning Program Budget Balance for Period Two Reimbursements. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 31St deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September. 95 Page 1120 of 1207 Policy No.05-003 Tuition Assistance Program August 1,2018 Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts FOR FISCAL YEAR REIMBURSMENT: October 1, 2018- September 30, 2019 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August 1, 2018. In order to be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30th) day following the last date of the term/session for the course(s)for which reimbursement is being requested. In no case will reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies of original receipts are required for reimbursement. Failure to provide proper documentation will result in ineligibility for reimbursement Tuition and Fees: (maximum per credit hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 57.02 Bachelor Degree Course: $179.90 $134.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $168.39 Required Course Textbook(s): (maximum reimbursement per course based on course grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: • Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 • Graduate Degree: $4,041.24 No employee will receive more than$600.00 for textbook reimbursement per funded fiscal year. 96 Page 1121 of 1207 AGREEMENT SIGNATURE PAGE Agreed to this_ day of _ 2019, by and between the respective parties through the authorized representatives of the Union and the City. BOYNTON BEACH FIGHTERS AND PARAMEDICS, IAFF, LOCAL 1891: BY: Witness President Witness Secretary CITY OF BOYNTON BEACH BY: Witness Mayor Witness City Clerk Witness City Manager Approved as to Form and Correctness: City Attorney For a Term Ending September 30,2021 97 Page 1122 of 1207 ilp il BOYNTON BEACH FIREFIGHTERS & PARAMEDICS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891 January 17, 2019 Julie Oldbury Director of Human Resources and Risk Management City of Boynton Beach Mrs. Oldbury, I'm pleased to announce our membership has officially APPROVED the proposed collective bargaining agreement between Boynton Beach Firefighters and Paramedics , IAFF 1891 and The City of Boynton Beach. On behalf of our members, we thank you and your team for the hard work over the past 8 months and look forward to the City's ratification at the next commission meeting, dated February 5, 2019. Respectfully, SL7YL wcz President, Local 1891, Shawn Weeks 3501 N Congress Ave, Boynton Beach, Fl. 33436 561-281-1682 President(a,IAFF1891.com Page 1123 of 1207 11.B. NEW BUSINESS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Discuss new mobility options for potential implementation in the City including electric vehicle infrastructure, car sharing, e-scooter sharing, etc. EXPLANATION OF REQUEST: The Mayor and City staff have recently been approached by vendors offering various transportation services that can be classified under the umbrella of"smart&shared mobility" systems. These vendors include Greenspot(electric vehicle infrastructure and carsharing) and Bird (shared e-scooters), among others. Meanwhile, a third-party vendor (P3GM's "Nextbike") is now implementing an agreement with the City to launch a bike-sharing program in 2019. At the December 4, 2018 Commission meeting, the Mayor requested that Commission discuss these new transportation options and the potential for bringing them to Boynton Beach. Prior to the discussion, Rebecca Harvey, Sustainability Coordinator, will provide a brief presentation about smart&shared mobility options and what the City can do to support their implementation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will consider potential changes to the Land Development Regulations and Code of Ordinances to support the future implementation of new transportation services in the City. The City may consider posting an RFP/RFQ to solicit qualified businesses to operate within the City. Implementing new mobility services will help to achieve the city's goals of reducing single-occupancy vehicle trips, expanding transportation options, and reducing greenhouse gas emissions. FISCAL IMPACT: Non-budgeted There is no fiscal impact to the City as all costs for any future program would be borne by a third party entity. ALTERNATIVES: Not discuss smart&shared mobility options STRATEGIC PLAN: Transportation and Mobility STRATEGIC PLAN APPLICATION: Implementing new transportation options would meet the Transportation and Mobility Strategic Initiative by connecting the community through safe, accessible, and multi-modal systems that improve the quality of life in Boynton Beach. CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision, I nitiative T-6: Use and expand Transportation Demand Management (TDM) strategies, which reduce peak hour and single-occupant vehicle travel. These include Vanpool and Carpool programs, Car and Bike Sharing programs, a high-occupancy vehicle incentive program, preferred employee parking incentives and Commute Trip Reduction programs. Page 1124 of 1207 Is this a grant? No Grant Amount: Page 1125 of 1207 11.C. NEW BUSINESS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Approve the request of Vice Mayor Romelus to donate $250.00 of her Community Support Funds to the Girls Scouts of Southeast Florida Inc. Girl Scout Troop 24205 and Troop leaders, Joane Celestin and Jennifer McDonald will be present to accept check. EXPLANATION OF REQUEST: Girl Scouting builds girls of courage, confidence, and character, who make the world a better place. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted None ALTERNATIVES: Do not approve disbursement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Cather W®9 D Cather Community Support Funds Request Page 1126 of 1207 Form W-9 Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Ik-Go to www.Lwo.gov/FarmWg for instructions and the latest information. _1 Name_(as shown on your income tax return).Name Is-required on this firim.do not leave this line blank. Girl SCOUtS of Southeast Florida,Inc 2 Business name/disregarded entity name,if different from above a) CIS 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 M following seven boxes. Cd certain entities,not individuals;see M instructions on page 3): r_ 0 D individual/soie proprietor or V] C Corporation 0 S Corporation El Partnership E]Trust/estate V)0 single-member LLC CL C Exempt payee code(if any) 501 C ❑ 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 LLC if the ULC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is cods,(of an another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that IL is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other(sea irmtructions)go, (AFpfies to scc fsnminfafmdaufsfda Me U.S.) 5 Address(number,street,and apt.or suite no.)�See instructions. Requester's name and address(optional) � 6944 Lake Worth Road 6 City,state,and ZIP code Lake Worth,FL 33467 7 List account numberis)here(optionaq Taxpanir Identification Number(TON) Enter your TIN in the appropriate box.The TIN provided must match the name given on line I to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a F-1 resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other 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 Identification number Number To Give the Requester for guidelines on whose number to enter. FOT6FST7372P7 GMEF�eftif�icafion� 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 dumber 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 3,1 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 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. C i i r I •Form 1099-DlV(dividends,including those from stocks or mutual S ion references are to the Internal Revenue Code unless otherwise .Form 1099-MlSC{various types of income,prizes,awards,ar 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 wwwJrsLgov1ForrnW9. e 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(Form W-9 requester)who is required to file an a 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(ITIN),adoption taxpayer identification number(ATIN),or employer identification number -Form 1 099-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,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 Form W-9(Rev,10-2018) Page 1127 of 1207 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: _11h� Requested by Mayor/Commissioner: dry, . . Amount Requested: Recipient/Payee: (e'll f 717K Ili 5T, Description of project, program, or activity to be funded: C&O r 7T C li�LLi- �ItL_LILFL_'. R, 5 C,' I 1 0 C(-'�'yl C kL OLb CLLL Wx(aA "�ko rv-, _o Ili Part 11 - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available fort requesting Member of the Commission is Accordingly: o, 'There are funds available as requested i_,-i There are insufficient funds available as requested Dated: By: City Clerk Part Ili-Eligibility Evaluation El Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit El The recipient/payee provides services within the City 0 The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission SACC\WP\C0MIVIUNITY INVESTMENT FUNDS\Community-Support-Funs-Policy.2015.doc Page 1128 of 1207 12.A. LEGAL 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-006 - SECOND READING - PUBLIC HEARING -Approve modifications to parking requirements (CDRV 19-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V. Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking requirements for residential uses. City initiated. EXPLANATION OF REQUEST: The proposed parking amendments are an effort to continue to move the City towards a greener, more sustainable environment. Staff is recommending these minor adjustments to the current regulations to consider the automobile ownership characteristics unique to household types, including those with lower than average incomes and age restricted developments, development sustainability, and environmentally sensitive design, while maintaining what staff believes is a reasonable and adequate parking requirement. The proposed revisions would create greater opportunities for increased landscaping, and pervious area through the reduction in the amount of pavement on residential sites. (See Attachment"A"for greater detail). The Planning and Development Board reviewed the proposed parking amendments at their December 17, 2018 meeting and forwarded them with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 1129 of 1207 ATTACHMENTS: Type Description D Ordinance Ordinance amending Chapter 4 Article V Minimum Off-street Parking Requirements D Staff Report Staff Report D Attachment Attachment A Page 1130 of 1207 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 4, ARTICLE V "MINIMUM OFF-STREET PARKING 7 REQUIREMENTS", SECTION 2, "STANDARDS"; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, in an effort to continue to move the City towards a greener, more 13 sustainable environment, staff is recommending to reduce the required parking standards for 14 certain residential uses based on the continued analysis of the City's minimum parking 15 requirements applicable to residential land uses, as started last year in conjunction with the 16 first test of regulations (CDRV 17-006)intended to address parking deficiencies documented 17 in certain areas of the city and possibly associated with overbuilt or expanded houses, group 18 homes, vacation rentals, etc.; and 19 WHEREAS, the proposed minor adjustments to the current regulations are intended 20 to consider the automobile ownership characteristics unique to household types, including 21 those with lower than average incomes and age restricted developments, development 22 sustainability, and environmentally sensitive design, while maintaining what staff believes is 23 a reasonable and adequate parking requirement; and 24 WHEREAS, the proposed revisions would create greater opportunities for increased 25 landscaping, and pervious area through the reduction in the amount of pavement on residential 26 sites. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing whereas clauses are true and correct and are now ratified S:ACA\Ordinances\LDR Changes\Revise parking requirements for residential uses(Ch 4 Art V)-Ordinance.docx -1- Page 1131 of 1207 30 and confirmed by the City Commission. 31 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 32 "Site Development Standards", Article V"Minimum off-street parking requirements", Sec. 2 33 "Standards" is hereby amended as follows: 34 35 Sec. 2. Standards. 36 A. General. 37 1. Rules and Methodology. 38 a. Parking space requirements shall be computed on the basis of the principal use of a structure 39 or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the 40 purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor 41 area occupied by all other enclosed spaces, including but not limited to storage rooms, maintenance 42 and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. 43 b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space 44 requirements shall be computed separately for each principal use, unless stated otherwise in this 45 article. Where parking spaces are required in this article for each of several principal uses that 46 commonly occur together, this is done for the purpose of clarification only, and shall not limit the 47 application of the requirement contained in this paragraph. 48 c. A use shall be considered a principal use,for the purposes of this subsection, if it could exist 49 separately from all other uses in the same structure or on the same lot, and would by itself generate 50 significant parking demand. 51 d. Where several principal uses exist in one (1) building or part of a building, and the floor area 52 of each principal use cannot be clearly delineated, the parking space requirement for the use 53 requiring the greatest number of parking spaces shall apply. 54 e. Where a use is not listed below, parking space requirements shall be determined by the City 55 Commission after review and recommendation by the Director of Planning and Zoning or designee. 56 f. Where the number of required parking spaces as computed includes a fraction,the number 57 of required parking spaces shall be the computed number rounded to the next highest whole 58 number. 59 g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection 60 of any structure or establishment of any use, a number of off-street parking spaces in accordance 61 with the following minimum requirements, and subject to the parking requirements of this 62 subsection. Where a structure or use is enlarged or increased in capacity by any means, including a 63 change in building occupancy which requires the provision of additional parking spaces, or a change 64 in use to or which requires additional parking spaces, the minimum number of parking spaces shall 65 be computed by applying these requirements to the entire structure or use. S:ACA\Ordinances\LDR Changes\Revise parking requirements for residential uses(Ch 4 Art V)-Ordinance.docx -2- Page 1132 of 1207 66 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than 67 four(4) parking spaces shall be provided for any non-residential use. 68 3. Location of Off-Street Parking Areas. 69 a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the 70 dwelling to be served. 71 b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the 72 owner of the building or lot to be served, and shall be located on the same lot, or not more than 73 three hundred (300) feet distance, unless the property is located within those areas defined within 74 the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required 75 parking spaces may be leased within three hundred (300)feet of the use in which they serve, subject 76 to Board and City Commission approval, and the property shall be posted with signage indicating to 77 patrons the location of the leased parking. 78 4. Driveways and other impervious surfaces within front or side yards of single-and two-family 79 dwelling units. 80 a. Applicability. The requirements of this section are applicable to new construction projects, 81 modifications that increase air-conditioned living space and/or number of bedrooms, and requests 82 for a Certificate of Use. 83 b. Driveways shall be constructed of concrete, asphalt, or other hard-surface as approved by 84 the City Engineer. Where possible, design and construction should maximize the alhede reflective 85 properties and minimize the heat island effect of such improvements. Also where possible,tandem 86 parking design, defined as the arrangement of two parking spaces placed one behind the other, is 87 encouraged to minimize impervious surface area and maximize the environmental design of the 88 project. 89 c. Such surfaces shall not exceed 40%of the minimum front yard area. 90 5. Tandem parking for multi-family developments. Tandem parking spaces may be counted as 91 meeting the parking requirements in multi-family developments only in such instances where the 92 tandem spaces are assigned to the same dwelling unit. The number and location of the tandem 93 parking spaces are subject to review and approval of the Planning&Zoning Director. 94 95 B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: x1,z S:ACA\Ordinances\LDR Changes\Revise parking requirements for residential uses(Ch 4 Art V)-Ordinance.docx -3- Page 1133 of 1207 Efficiency or one (1)-bedroom apartment: 1.54,2,3 Within Mixed Use Core district: 1.333 Two (2) or more bedroom apartment: 24,2,3 Within Mixed Use Core district: 1.662,3 Dormitories: 1 per unit Hotel & motel suite: 1.25 per unit' Within Mixed Use Core district: 1 per unit Group home(types 1 and 2): 21,2 Group home(type 3) 1 per 3 beds Bed & breakfast: 12,4 Live/work unit: 1 per 2 units' 97 98 1 A. For construction of anew single-family or two-family structure,Aa minimum of two (2) spaces 99 are required per unit, or 1 space per bedroom, whichever is greatest. An exception may be made 100 when the house is constructed for individuals meeting purchase or eligibility requirements that 101 include maximum income thresholds, then a maximum of 2 parking spaces shall be required per 102 dwelling unit. For those structures with five(5)or more bedrooms,the required parking greater than 103 four (4) spaces would be noted on the permit drawings, labeled as a future parking space and sited 104 and designed to conform to City standards. This provision would establish how the additional 105 space(s)can be accommodated if needed in the future,to prevent overflow of vehicles onto the lawn 106 areas or the public right-of-way. Exr=ept that .J.. elliRgs with -5 , „ -hed-re-A-M.. FeqbliFed 1.5 107 Spar=eS PeF 4.edlr....m This r Rt shall plyte R .str,16-Ai9R +.-WrAi9Re)(PaRSAARe 108 , 109 fA-F a -h, ta)(.e G e i P+, r e.e.r+;f,,..,+„of,is e 110 B. For expansions to existing single-family or two-family structures that increase the number of 111 bedrooms, only the new bedrooms are required to provide additional parking in compliance with 112 footnote I.A. above. At a minimum, no less than two (2) parking spaces shall be provided for each 113 dwelling unit. 114 C. For single-family or two-family structures that require a change in use or occupancy, and/or a 115 certificate of use and business tax receipt, a minimum of two (2) spaces are required per unit, or 1 116 space per bedroom,whichever is greatest. 117 D. For new single-family subdivisions or planned developments with attached or detached single- 118 family dwellings,a detailed justification may be submitted for review during the development review S:ACA\Ordinances\LDR Changes\Revise parking requirements for residential uses(Ch 4 Art V)-Ordinance.docx -4- Page 1134 of 1207 119 process requesting exemption from these regulations, which demonstrate, through recognized 120 professional parking studies or parking analyses of similar projects constructed by the developer or 121 other similar projects constructed within the City,that a lesser parking requirement is warranted. 122 Z Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for 123 single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages, 124 provided such driveways are of sufficient size to meet the parking space requirements of this 125 subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a 126 certificate of occupancy. If garages are used towards meeting minimum parking requirements, said 127 garages shall remain open and available for vehicle parking consistent with the design represented 128 at time of approval. For all required parking spaces not located within an enclosed garage, the first 129 parking space shall be the minimum size required for a handicap space, exclusive of public or private 130 rights-of-way, and all other required spaces must be dimensioned in accordance with current city 131 standards. All driveways shall be setback at least two (2) feet from interior side and corner side 132 property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the 133 public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning 134 permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 135 2, Article II, Section 5.B.; however, any driveway expansion (or similar impervious surface) that is 136 equal to or greater than eight hundred (800) square feet shall require the approval of a land 137 development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a 138 driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering 139 Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 140 3 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments 141 consisting of three (3) or more dwelling units. 142 4 Required parking shall be calculated on the basis of one(1) space per each employee, manager, or 143 owner and one (1) parking space for each guest unit. Newly created parking may be located only in 144 the rear and side yard. 145 5 In addition to the required parking for the residential unit, the city requires that one (1) parking 146 space per two (2) live/work units be provided to meet business activity needs. Parking provided to 147 meet this requirement shall be located on the lot, built into or under the structure, or within three 148 hundred (300) feet of the unit in which the use is located. The distance shall be a straight line 149 measurement from a point on the boundary line of the property of the subject unit to the closest 150 boundary line of the property on which the parking is located. Parking provided to accommodate 151 said space, including driveways of adequate depth in front of the unit's garage, shall not serve as 152 meeting required parking for the unit's residential use. 153 6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking 154 at a rate of fifty percent (50%) of the requirement of a standalone operation. 155 156 157 Section 3. Each and every other provision of the Land Development Regulations 158 not herein specifically amended, shall remain in full force and effect as originally adopted. S:ACA\Ordinances\LDR Changes\Revise parking requirements for residential uses(Ch 4 Art V)-Ordinance.docx -5- Page 1135 of 1207 159 Section 4. All laws and ordinances applying to the City of Boynton Beach in 160 conflict with any provisions of this ordinance are hereby repealed. 161 Section 5. Should any section or provision of this Ordinance or any portion 162 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 163 affect the remainder of this Ordinance. 164 Section 6. Authority is hereby given to codify this Ordinance. 165 Section 7. This Ordinance shall become effective immediately. 166 FIRST READING this day of , 2019. 167 SECOND, FINAL READING AND PASSAGE this day of , 2019. 168 CITY OF BOYNTON BEACH, FLORIDA 169 170 YES NO 171 172 Mayor— Steven B. Grant 173 174 Vice Mayor— Christina L. Romelus 175 176 Commissioner—Mack McCray 177 178 Commissioner—Justin Katz 179 180 Commissioner—Aimee Kelley 181 182 183 VOTE 184 185 ATTEST: 186 187 188 Judith A. Pyle, CMC 189 City Clerk 190 191 (Corporate Seal) S:ACA\Ordinances\LDR Changes\Revise parking requirements for residential uses(Ch 4 Art V)-Ordinance.docx -6- Page 1136 of 1207 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-069 TO: Chair and Members Planning& Development Board FROM: Ed Breese Planning and Zoning Administrator DATE: December 10, 2018 RE: Approve modifications to parking requirements (CDRV 19-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V. Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking requirements for residential uses, and modifications to shed requirements (CDRV 19-002) — Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.E., to increase potential siting locations for permanent sheds and storage structures. EXPLANATION Parking Amendments In an effort to continue to move the City towards a greener, more sustainable environment, staff is recommending to reduce the required parking standards for certain residential uses. The proposed changes are based on the continued analysis of the City's minimum parking requirements applicable to residential land uses, as started last year in conjunction with the first test of regulations (CDRV 17- 006) intended to address parking deficiencies documented in certain areas of the city and possibly associated with overbuilt or expanded houses, group homes, vacation rentals, etc. Those regulations resulted in revisions to the parking requirements to mandate a parking space be provided for each bedroom of the dwelling unit, and for those dwelling units with five (5) or more bedrooms, 1.5 parking spaces per bedroom. The unintended impacts of increasing parking requirements for home expansions and group homes, applied to all residential categories, has the consequences of adversely impacting developments that may have lower than the typical vehicle ownership / parking demand. These proposed minor adjustments to the current regulations are intended to consider the automobile ownership characteristics unique to household types, including those with lower than average incomes and age restricted developments, development sustainability, and environmentally sensitive design, while maintaining what staff believes is a reasonable and adequate parking requirement. The proposed revisions would create greater opportunities for increased landscaping, and pervious area through the reduction in the amount of pavement on residential sites. In essence, the proposed amendments would: Page 1137 of 1207 Parking &Shed Amendments(CDRV 19-001 & 19-002) Memo PZ No.18-069 • Distinguish between, and create separate requirements for, 1) the construction of a new single-family or two-family structure; 2) expansions to single-family or two-family structures which create additional bedrooms; 3) change of use and/or occupancy of single- family or two-family structures, as well as those requiring a certificate of use and business tax receipt; and 4) new single-family subdivisions or planned developments with attached or detached single-family dwellings. • Allow flexibility, facilitate cost savings, and support sustainable design by reducing unneeded impervious surfaces. • Remove multi-family developments from the previous regulations. • Retain the language created under CDRV 17-006 which limited the amount of the front yard that could be paved for parking purposes to 40%, thus preserving the amount of greenspace. The suggested parking amendments can be best described below: 1. Creation of four (4) categories of regulations for parking for single-family and two-family structures as opposed to the one (1) scenario contained in Code Review 17-006. 2. The first category is for the construction of a new single-family or two-family structure, in which parking required will be a minimum of two (2) parking spaces or one (1) per bedroom whichever is greatest. For those structures with five (5) or more bedrooms, the required parking greater than four (4) spaces would be noted on the permit drawings, labeled as a future parking space, and sited and designed to conform to City standards. This provision would establish how the additional space(s) can be accommodated if needed in the future, to prevent overflow of vehicles onto lawn areas or the public right-of-way. 3. The second category is for expansions to single-family or two-family structures, in which bedrooms are added. In this instance, only the new bedrooms are subject to providing additional parking. 4. The third category is for existing single-family or two-family structures which undergo a change in use or occupancy, or are required a certificate of use or business tax receipt. In these instances, a minimum of two (2) parking spaces or one (1) per bedroom whichever is greatest. 5. The fourth and last category is for new single-family subdivisions or planned developments with attached or detached single-family dwellings. These typically larger developments may submit a detailed justification through a parking study or analysis for staff review in determination of the required parking ratio. 6. Additionally, as part of this amendment, multi-family developments are removed from these same requirements adopted under CDRV 17-006 (see Attachment "A"for greater detail of the proposed amendments to the parking regulations). Shed and Storage Structures Amendment The locating of sheds on corner lots can present some difficulties, as a result of the builder constructing the residence with large building setbacks from both street rights-of-way. This condition may result in limited back and side yards for siting accessory structures such as sheds. In some instances, property owners have subsequently constructed a screened porch, a patio, or a pool, and -2 - Page 1138 of 1207 Parking &Shed Amendments(CDRV 19-001 & 19-002) Memo PZ No.18-069 have little or no useable yard due to the original construction of the house. The purpose of this suggested amendment is to eliminate the loss of useable yard characteristic of many corner lot properties due to large setbacks. (see Attachment `B"for greater detail of the proposed amendments associated with locating sheds and storage structures). CONCLUSION/RECOMMENDATION Staff proposes these code amendments to in an effort to equitably impose parking requirements across a variety of single-family and two-family home development scenarios, and to provide greater options for placement of sheds and storage structures on corner lots. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-001&19-002\StaffReport.doc -3 - Page 1139 of 1207 ATTACHMENT "A" Land Development Regulations, Chapter 4. Zoning, Article V. Minimum Off-Street Parking Requirements: Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1) building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4) parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. Page 1140 of 1207 a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300)feet distance, unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. 4. Driveways and other impervious surfaces within front or side yards of single- and two-family dwelling units. a. Applicability. The requirements of this section are applicable to new construction projects, modifications that increase air-conditioned living space and/or number of bedrooms, and requests for a Certificate of Use. b. Driveways shall be constructed of concrete, asphalt, or other hard-surface as approved by the City Engineer. Where possible, design and construction should maximize the alhede reflective properties and minimize the heat island effect of such improvements. Also where possible, tandem parking design defined as the arrangement of two parking spaces placed one behind the other,is encouraged to minimize impervious surface area and maximize the environmental design of the project. c. Such surfaces shall not exceed 40%of the minimum front yard area. 5. Tandem parking for multi-family developments.Tandem parking spaces maybe counted as meeting the parking requirements in multi-family developments only in such instances where the tandem spaces are assigned to the same dwelling unit.The number and location of the tandem parking spaces are subiect to review and approval of the Planning&Zoning Director. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: x1,2 Efficiency or one (1)-bedroom apartment: 1.5-1,2,3 Within Mixed Use Core district: 1.333 Two (2) or more bedroom apartment: 2-1-2,3 Page 1141 of 1207 Within Mixed Use Core district: 1.662,3 Dormitories: 1 per unit Hotel & motel suite: 1.25 per unit6 Within Mixed Use Core district: 1 per unit Group home (types 1 and 2): 21,2 Group home (type 3) 1 per 3 beds Bed & breakfast: 12,4 Live/work unit: 1 per 2 units5 1 A. For construction of a new single-family or two-family structure, A a minimum of two (2) spaces are required per unit, or 1 space per bedroom, whichever is greatest. An exception may be made when the house is constructed for individuals meeting purchase or eligibility requirements that include maximum income thresholds, then a maximum of 2 parking spaces shall be required per dwelling unit. For those structures with five (5) or more bedrooms, the required parking greater than four (4) spaces would be noted on the permit drawings, labeled as a future parking space and sited and designed to conform to City standards. This provision would establish how the additional space(s) can be accommodated if needed in the future, to prevent overflow of vehicles onto the lawn areas or the public right-of-way. Exeept that dwelliRgs with S er PAP-re bedreepns -;;re FeqUiFed 1.9 spaees peF -hed-Fee-PA. ThiS FeqUiFepAeRt B. For expansions to existing single-family or two-family structures that increase the number of bedrooms,only the new bedrooms are required to provide additional parking in compliance with footnote I.A. above. At a minimum, no less than two (2) parking spaces shall be provided for each dwelling unit. C. For single-family or two-family structures that require a change in use or occupancy, and/or a certificate of use and business tax receipt, a minimum of two (2) spaces are required per unit, or 1 space per bedroom, whichever is greatest. D. For new single-family subdivisions or planned developments with attached or detached single-family dwellings, a detailed iustification may be submitted for review during the development review process requesting exemption from these regulations, which demonstrate, through recognized professional parking studies or parking analyses of similar projects constructed by the developer or other similar proiects constructed within the City,that a lesser parking requirement is warranted. 2 Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate Page 1142 of 1207 of occupancy. If garages are used towards meeting minimum parking requirements, said garages shall remain open and available for vehicle parking consistent with the design represented at time of approval. For all required parking spaces not located within an enclosed garage,the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two(2)feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2, Article II, Section 5.B.; however, any driveway expansion (or similar impervious surface)that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work,such as a driveway, proposed within the swale(right-of-way)shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2,Article III, Section 4. 3 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 4 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 5 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a rate of fifty percent(50%)of the requirement of a standalone operation. Page 1143 of 1207 12.B. LEGAL 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-007 - SECOND READING - PUBLIC HEARING -Approve modifications to shed requirements (CDRV 19-002), amending the Land Development Regulations, Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.E., to increase potential siting locations for permanent sheds and storage structures. City initiated. EXPLANATION OF REQUEST: These proposed shed and storage structure amendments are designed to increase potential siting locations for permanent sheds and storage structures on corner lots, which can present some difficulties, as a result of large building setbacks from both street rights-of-way. This condition may result in limited back and side yards for these accessory structures. The proposed regulations would allow placement of sheds in side corner yards with certain limitations and safeguards (See Attachment"B" for greater detail). The Planning and Development Board reviewed this request at their December 17, 2018 meeting and forward it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1144 of 1207 ATTACHMENTS: Type Description Ordinance appro\Ang LD R Amendment to D Ordinance Chapter 3 Articale V on Sheds D Staff Report Staff Report D Addendum Attachment"B" Page 1145 of 1207 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 3 "ZONING", ARTICLE V "SUPPLEMENTAL 7 REGULATIONS", SECTION 3E, "SHEDS AND STORAGE 8 CONTAINERS"; PROVIDING FOR CONFLICTS, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, the locating of sheds on corner lots can present some difficulties, as a 13 result of the builder constructing the residence with large building setbacks from both street 14 rights-of-way; and 15 WHEREAS, this condition may result in limited back and side yards for siting 16 accessory structures such as sheds and in some instances,property owners have subsequently 17 constructed a screened porch, a patio, or a pool, and have little or no useable yard due to the 18 original construction of the house; and 19 WHEREAS, the purpose of this suggested amendment is to eliminate the loss of 20 useable yard characteristic of many corner lot properties due to large setbacks. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 26 "Zoning", Article V "Supplemental Regulations", Sec. 3E "Sheds and Storage Containers is 27 hereby amended as follows: 28 Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, 29 Excluding Walls and Fences. 30 E. Sheds and Storage Containers. S:ACA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx -1- Page 1146 of 1207 31 1. Permanent Sheds and Storage Structures. Permanent sheds and storage structures may be 32 designed either attached (to) or detached from the principal building, and shall comply with 33 the following regulations: 34 a. Location and Size. 35 (1) Sheds and storage structures shall not be allowed within the required front or corner side 36 yards, including forward of the front or side corner building lines;, except as follows: 37 (a) In order to provide relief for those properties with restricted development footprint as 38 a result of providing two (2) front setbacks from abutting rights-of-way, a shed or storage 39 structure that is one hundred (100) square feet or less may be placed in a side corner yard, 40 provided it is setback a minimum of twelve and one-half (12.5) feet from the side corner 41 property line, and no closer than twenty-five (25) feet from the front property line. A 42 maximum of one (1) shed may be permitted within this reduced setback. Please refer to 43 Section 3.E.1.c. below for proper screening requirements; 44 (2) Sheds and storage structures that are one hundred (100) square feet or less shall be 45 setback at least three (3) feet from the rear and interior side property lines. The maximum 46 height of any shed or storage structure shall be eight (8) feet for flat roofs or a mean height 47 of nine (9)feet for sloped roofs; 48 (3) Sheds and storage structures greater than one hundred (100) square feet or in excess of 49 the height restriction of subparagraph E.1.a.(2) above shall comply with the minimum 50 setbacks required for the principal building. The maximum allowable height of the shed or 51 storage structure shall not exceed the zoning district regulations for which it is located or the 52 roofline of the principal building, whichever is more restrictive; and 53 (4) All attached sheds or storage structures shall have exterior access only; no access from 54 within the principal building is allowed. 55 b. Number of Structures. A lot may contain more than one (1) shed or storage structure; 56 however, any additional structure shall comply with the minimum setbacks required for the 57 principal building, regardless of size. 58 C. Screening. Sheds and storage structures shall be effectively screened with a wall, fence, 59 landscape material, or a combination thereof, installed at a height no less than one-half the 60 height of the shed or storage structure,where visible from an abutting property or right-of- 61 way. 62 d. Miscellaneous. See Section 3.E.2. below for additional regulations regarding the use of 63 mobile and temporary storage container units. Sheds and storage areas that are designed 64 and used in connection with fire escapes or unenclosed staircases shall be regulated in 65 accordance with Section 3.A.4. above. 66 2. Mobile and Temporary Storage Container Units. Mobile and temporary storage container 67 units shall only be allowed in residential zoning districts and must comply with the following 68 regulations: S:ACA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx -2- Page 1147 of 1207 69 a. Number of Units. Only one (1) mobile or temporary storage container unit may be allowed 70 per lot for a single-family or duplex home. A maximum of two (2) units may be allowed at 71 any given time within multi-family developments. 72 b. Location. Mobile or temporary storage container units shall not be located within rights- 73 of-way and must comply with the following location criteria: 74 (1) Single-family or Duplex Homes. The units shall only be allowed within the required front 75 or corner side yards if placed on a driveway or other hard surfaced area,and setback at least 76 five (5)feet from any property line. The unit shall not be allowed within the required rear 77 and side interior yard, or the space allotted for the principal building. 78 (2) Multi-family Developments: 79 (a) The location of units shall be restricted to guest parking spaces or other designated 80 overflow parking areas; 81 (b) The location of the units shall not interfere with any emergency or service vehicle 82 operations; 83 (c) The units shall be setback at least five (5)feet from all property lines; 84 (d) The units shall not be placed in tandem with each other within one (1) parking space; 85 and 86 (e) The units shall not be stacked on top of each other. 87 c. Dimensions. The size of a mobile or temporary storage container unit shall not exceed the 88 following dimensions: 89 (1) Maximum width of eight(8)feet; 90 (2) Maximum depth of sixteen (16)feet; 91 (3) Maximum height of eight (8)feet; and 92 (4) Maximum floor area of one hundred twenty-eight (128) square feet. 93 d. Time Limit. The maximum time for a mobile or temporary storage container unit to remain 94 on a property shall be forty-five (45) days. 95 e. Maintenance. The mobile or temporary storage container unit shall be maintained in good 96 condition,free from evidence of deterioration, rust, holes, or breaks. The unit shall be kept 97 locked when not in use. 98 f. Prohibition of Hazardous Materials. The owner, supplier, or tenant shall ensure that no 99 hazardous substances shall be stored or kept in the mobile or temporary storage container 100 unit. 101 102 S:ACA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx -3- Page 1148 of 1207 103 104 105 Section 3. Each and every other provision of the Land Development Regulations 106 not herein specifically amended, shall remain in full force and effect as originally adopted. 107 Section 4. All laws and ordinances applying to the City of Boynton Beach in 108 conflict with any provisions of this ordinance are hereby repealed. 109 Section 5. Should any section or provision of this Ordinance or any portion 110 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 111 affect the remainder of this Ordinance. 112 Section 6. Authority is hereby given to codify this Ordinance. 113 Section 7. This Ordinance shall become effective immediately. 114 FIRST READING this day of , 2019. 115 SECOND, FINAL READING AND PASSAGE this day of , 2019. 116 CITY OF BOYNTON BEACH, FLORIDA 117 118 YES NO 119 120 Mayor— Steven B. Grant 121 122 Vice Mayor— Christina L. Romelus 123 124 Commissioner—Mack McCray 125 126 Commissioner—Justin Katz 127 128 Commissioner—Aimee Kelley 129 130 131 VOTE 132 133 ATTEST: 134 135 136 Judith A. Pyle, CMC 137 City Clerk 138 S:ACA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx -4- Page 1149 of 1207 139 (Corporate Seal) S:ACA\Ordinances\LDR Changes\Sheds and storage structures(Ch 3 Art V)-Ordinance.docx -5- Page 1150 of 1207 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-069 TO: Chair and Members Planning& Development Board FROM: Ed Breese Planning and Zoning Administrator DATE: December 10, 2018 RE: Approve modifications to parking requirements (CDRV 19-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 4. Zoning, Article V. Minimum Off-Street Parking Requirements, Section 2.A. & B., to revise parking requirements for residential uses, and modifications to shed requirements (CDRV 19-002) — Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.E., to increase potential siting locations for permanent sheds and storage structures. EXPLANATION Parking Amendments In an effort to continue to move the City towards a greener, more sustainable environment, staff is recommending to reduce the required parking standards for certain residential uses. The proposed changes are based on the continued analysis of the City's minimum parking requirements applicable to residential land uses, as started last year in conjunction with the first test of regulations (CDRV 17- 006) intended to address parking deficiencies documented in certain areas of the city and possibly associated with overbuilt or expanded houses, group homes, vacation rentals, etc. Those regulations resulted in revisions to the parking requirements to mandate a parking space be provided for each bedroom of the dwelling unit, and for those dwelling units with five (5) or more bedrooms, 1.5 parking spaces per bedroom. The unintended impacts of increasing parking requirements for home expansions and group homes, applied to all residential categories, has the consequences of adversely impacting developments that may have lower than the typical vehicle ownership / parking demand. These proposed minor adjustments to the current regulations are intended to consider the automobile ownership characteristics unique to household types, including those with lower than average incomes and age restricted developments, development sustainability, and environmentally sensitive design, while maintaining what staff believes is a reasonable and adequate parking requirement. The proposed revisions would create greater opportunities for increased landscaping, and pervious area through the reduction in the amount of pavement on residential sites. In essence, the proposed amendments would: Page 1151 of 1207 Parking &Shed Amendments(CDRV 19-001 & 19-002) Memo PZ No.18-069 • Distinguish between, and create separate requirements for, 1) the construction of a new single-family or two-family structure; 2) expansions to single-family or two-family structures which create additional bedrooms; 3) change of use and/or occupancy of single- family or two-family structures, as well as those requiring a certificate of use and business tax receipt; and 4) new single-family subdivisions or planned developments with attached or detached single-family dwellings. • Allow flexibility, facilitate cost savings, and support sustainable design by reducing unneeded impervious surfaces. • Remove multi-family developments from the previous regulations. • Retain the language created under CDRV 17-006 which limited the amount of the front yard that could be paved for parking purposes to 40%, thus preserving the amount of greenspace. The suggested parking amendments can be best described below: 1. Creation of four (4) categories of regulations for parking for single-family and two-family structures as opposed to the one (1) scenario contained in Code Review 17-006. 2. The first category is for the construction of a new single-family or two-family structure, in which parking required will be a minimum of two (2) parking spaces or one (1) per bedroom whichever is greatest. For those structures with five (5) or more bedrooms, the required parking greater than four (4) spaces would be noted on the permit drawings, labeled as a future parking space, and sited and designed to conform to City standards. This provision would establish how the additional space(s) can be accommodated if needed in the future, to prevent overflow of vehicles onto lawn areas or the public right-of-way. 3. The second category is for expansions to single-family or two-family structures, in which bedrooms are added. In this instance, only the new bedrooms are subject to providing additional parking. 4. The third category is for existing single-family or two-family structures which undergo a change in use or occupancy, or are required a certificate of use or business tax receipt. In these instances, a minimum of two (2) parking spaces or one (1) per bedroom whichever is greatest. 5. The fourth and last category is for new single-family subdivisions or planned developments with attached or detached single-family dwellings. These typically larger developments may submit a detailed justification through a parking study or analysis for staff review in determination of the required parking ratio. 6. Additionally, as part of this amendment, multi-family developments are removed from these same requirements adopted under CDRV 17-006 (see Attachment "A"for greater detail of the proposed amendments to the parking regulations). Shed and Storage Structures Amendment The locating of sheds on corner lots can present some difficulties, as a result of the builder constructing the residence with large building setbacks from both street rights-of-way. This condition may result in limited back and side yards for siting accessory structures such as sheds. In some instances, property owners have subsequently constructed a screened porch, a patio, or a pool, and -2 - Page 1152 of 1207 Parking &Shed Amendments(CDRV 19-001 & 19-002) Memo PZ No.18-069 have little or no useable yard due to the original construction of the house. The purpose of this suggested amendment is to eliminate the loss of useable yard characteristic of many corner lot properties due to large setbacks. (see Attachment `B"for greater detail of the proposed amendments associated with locating sheds and storage structures). CONCLUSION/RECOMMENDATION Staff proposes these code amendments to in an effort to equitably impose parking requirements across a variety of single-family and two-family home development scenarios, and to provide greater options for placement of sheds and storage structures on corner lots. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-001&19-002\StaffReport.doc -3 - Page 1153 of 1207 ATTACHMENT "B" LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. E. Sheds and Storage Containers. 1. Permanent Sheds and Storage Structures. Permanent sheds and storage structures may be designed either attached (to) or detached from the principal building, and shall comply with the following regulations: a. Location and Size. (1) Sheds and storage structures shall not be allowed within the required front or corner side yards, including forward of the front or side corner building lines;, except as follows: (a) In order to provide relief for those properties with restricted development footprint as a result of providing two(2)front setbacks from abutting rights-of-way,a shed or storage structure that is one hundred (100) square feet or less may be placed in a side corner yard, provided it is setback a minimum of twelve and one-half(12.5)feet from the side corner property line, and no closer than twenty-five (25) feet from the front property line. A maximum of one (1) shed may be permitted within this reduced setback. Please refer to Section 3.E.1.c. below for proper screening requirements; (2) Sheds and storage structures that are one hundred (100) square feet or less shall be setback at least three (3) feet from the rear and interior side property lines. The maximum height of any shed or storage structure shall be eight (8) feet for flat roofs or a mean height of nine (9) feet for sloped roofs; (3) Sheds and storage structures greater than one hundred (100) square feet or in excess of the height restriction of subparagraph E.1.a.(2) above shall comply with the minimum setbacks required for the principal building. The maximum allowable height of the shed or storage structure shall not exceed the zoning district regulations for which it is located or the roofline of the principal building, whichever is more restrictive; and (4) All attached sheds or storage structures shall have exterior access only; no access from within the principal building is allowed. b. Number of Structures. A lot may contain more than one (1) shed or storage structure; however, any additional structure shall comply with the minimum setbacks required for the principal building, regardless of size. c. Screening.Sheds and storage structures shall be effectively screened with a wall,fence, landscape material, or a combination thereof, installed at a height no less than one-half the height of the shed or storage structure,where visible from an abutting property or right-of-way. Page 1154 of 1207 d. Miscellaneous. See Section 3.E.2. below for additional regulations regarding the use of mobile and temporary storage container units. Sheds and storage areas that are designed and used in connection with fire escapes or unenclosed staircases shall be regulated in accordance with Section 3.A.4. above. 2. Mobile and Temporary Storage Container Units. Mobile and temporary storage container units shall only be allowed in residential zoning districts and must comply with the following regulations: a. Number of Units. Only one (1) mobile or temporary storage container unit may be allowed per lot for a single-family or duplex home. A maximum of two (2) units may be allowed at any given time within multi-family developments. b. Location. Mobile or temporary storage container units shall not be located within rights-of-way and must comply with the following location criteria: (1) Single-family or Duplex Homes. The units shall only be allowed within the required front or corner side yards if placed on a driveway or other hard surfaced area, and setback at least five (5) feet from any property line. The unit shall not be allowed within the required rear and side interior yard, or the space allotted for the principal building. (2) Multi-family Developments: (a) The location of units shall be restricted to guest parking spaces or other designated overflow parking areas; (b) The location of the units shall not interfere with any emergency or service vehicle operations; (c) The units shall be setback at least five (5)feet from all property lines; (d) The units shall not be placed in tandem with each other within one (1) parking space; and (e) The units shall not be stacked on top of each other. c. Dimensions. The size of a mobile or temporary storage container unit shall not exceed the following dimensions: (1) Maximum width of eight(8) feet; (2) Maximum depth of sixteen (16) feet; (3) Maximum height of eight (8)feet; and (4) Maximum floor area of one hundred twenty-eight (128) square feet. d. Time Limit. The maximum time for a mobile or temporary storage container unit to remain on a property shall be forty-five (45) days. e. Maintenance. The mobile or temporary storage container unit shall be maintained in good condition, free from evidence of deterioration, rust, holes, or breaks. The unit shall be kept locked when not in use. Page 1155 of 1207 f. Prohibition of Hazardous Materials. The owner, supplier, or tenant shall ensure that no hazardous substances shall be stored or kept in the mobile or temporary storage container unit. Page 1156 of 1207 12.C. LEGAL 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO 19-008 - SECOND READING - PUBLIC HEARING -Approve a revision to Chapter 26-508 adding subsection (d) to allow the City Manager or Utility Director to execute large user reclaimed water agreements for reuse customers. EXPLANATION OF REQUEST: The City of Boynton Beach purchases reclaimed water from the South Central Regional Wastewater Treatment Plant (SCR) to sell and distribute to customers of City of Boynton Beach. The City has approximately 50 reclaimed connections. These connections serve roadway medians, parks, common areas and golf courses. Golf Courses benefit from utilizing reclaimed water for irrigation purposes for several reasons that include lower cost than potable water and nutrient enhanced water. The City has defined the current Golf Course reclaimed water customers, (Country Club of Florida, Delray Dunes, Quail Ridge, Hunters Run and Pine Tree) as large users that take over 7 million gallons per month. Staff recommends that each of these large users sign a reclaimed water agreement with the City to provide reclaim water at a variable rate based on the users desired delivery method. The Agreement that will be used is attached to this item. Golf Courses have the ability to receive reclaimed water at scheduled times and provide storage space in existing ponds to store reclaim for the City and SCRWTDB convenience. The City and SCR benefit from more large users utilizing reclaimed water for their irrigation needs. The City is proposing a more detailed rate structure for recipients of reclaimed water that provides incentive with reduced rates for different delivery scenarios. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Reduced alternative delivery rates encourages more reclaimed water utilization. This will preserve and re- generate higher quality potable water sources. More reclaimed use is environmentally positive; it reduces the demand for highly treated potable water and reduces SCR treated water disposal to the ocean outfall and deep injection well. FISCAL IMPACT: More reclaimed use will delay or eliminate capital costs at SCR for reclaimed disposal. ALTERNATIVES: Not approve ordinance providing for City Manager or Utility Director to sign Agreements for large user reclaimed water. Page 1157 of 1207 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance ORD D Agreement Large Reclaimed Water Agreement Page 1158 of 1207 1 2 ORDINANCE NO. 19- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AMENDING CHAPTER 26, "WATER, SEWER AND 6 CITY UTILITIES", ARTICLE VIII, "RECLAIMED WATER" OF 7 THE CODE OF ORDINANCES, BY CREATING A NEW 8 SECTION 26-508(d) PROVIDING FOR AUTHORITY TO SIGN 9 AGREEMENTS; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach purchases reclaimed water from the South 13 Central Regional Wastewater Treatment Plant (SCR) to sell and distribute to customers of 14 City of Boynton Beach; and 15 WHEREAS, the City has approximately 50 reclaimed connections. These connections 16 serve roadway medians,parks, common areas and golf courses; and 17 WHEREAS, Golf Courses benefit from utilizing reclaimed water for irrigation 18 purposes for several reasons that include lower cost than potable water and nutrient enhanced 19 water and the City has defined the current Golf Course reclaimed water customers, (Country 20 Club of Florida, Delray Dunes, Quail Ridge, Hunters Run and Pine Tree) as large users that 21 take over 7 million gallons per month; and 22 23 WHEREAS, staff recommends that each of these large users sign a reclaimed water 24 agreement with the City to provide reclaim water at a variable rate based on the users desired 25 delivery method; and 26 27 WHEREAS, the approval of water service agreements is a routine matter which can 28 be handled administratively; and 29 30 WHEREAS, the City Commission has authority to delegate to the City Manager and 31 Utilities Director the authority to enter into such agreements; and 32 33 WHEREAS, approval and signature of water service agreements at the administrative 34 level will facilitate the approval process. 35 36 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 37 THE CITY OF BOYNTON BEACH, THAT: 38 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 39 herein by this reference. 40 1 Page 1159 of 1207 41 Section 2. That Chapter 26, "Water Sewer, and City Utilities", Article VIII, 42 "Reclaimed Water", Section 26-508, "Fees, rates and charges" is hereby amended by creating 43 a new Sub-Section (d) to read as follows: 44 45 Sec. 26-508. Fees, rates and charges. 46 47 (a) Charges for reclaimed water use will be based on metered flows and will be billed on a 48 monthly basis per one thousand(1,000) gallons in accordance with the approved rate 49 schedule. 50 51 (b) The monthly rates and charges for water and wastewater shall be reviewed annually by 52 the Utilities Management and the rates set by the Commission during the annual budget 53 setting process. Such rates shall become effective on October 1 of each year. 54 55 (c) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 56 26, Article 1 of the City Code of Ordinances. 57 58 (d) The City Manager or Utilities Director is authorized to execute Large Reclaimed 59 Water Service Agreements. 60 61 Section 3. Each and every other provision of Chapter 26, of the Code of Ordinances 62 of the City of Boynton Beach not herein specifically amended shall remain in full force and 63 effect as previously enacted. 64 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 65 same are hereby repealed. 66 Section 5. Should any section or provision of this ordinance or portion hereof, any 67 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 68 such decision shall not affect the remainder of this ordinance. 69 Section 6. Authority is hereby granted to codify said ordinance. 70 Section 7. This ordinance shall become effective immediately upon passage. 71 FIRST READING this day of 2019. 72 73 S:ACA\Ordinances\Large Reclaimed Water Service Agreements(Sec 26-508(D)-Ordinance.Doc 2 Page 1160 of 1207 74 SECOND, FINAL READING AND PASSAGE this day of 75 , 2019. 76 77 CITY OF BOYNTON BEACH, FLORIDA 78 YES NO 79 80 Mayor— Steven B. Grant 81 82 Vice Mayor— Christina L. Romelus 83 84 Commissioner—Mack McCray 85 86 Commissioner—Justin Katz 87 88 Commissioner—Aimee Kelley 89 90 91 VOTE 92 ATTEST: 93 94 95 96 Judith A. Pyle, CMC 97 City Clerk 98 99 100 (Corporate Seal) S:ACA\Ordinances\Large Reclaimed Water Service Agreements(Sec 26-508(D)-Ordinance.Doc 3 Page 1161 of 1207 1� r 'yrs The City of Boynton Beach Boynton Beach Utilities 124E WoolhrightRoad Boynton Beach,Florida 33435 Of'co:(561)742-6400 FAX'(561)742-6298 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONCERNING DELIVERY AND ACCEPTANCE OF RECLAIMED WATER THIS AGREEMENT is made and entered into on this day of 201_by and between the CITY OF BOYNTON BEACH a municipal corporation created pursuant to the laws of the State of Florida (hereinafter CITY), and , (hereinafter RECIPIENT). Accordingly, for and in consideration of the recitals contained herein, mutual understandings and agreements contained herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties covenant and agree as follows: SECTION 1. Recitals. The below recitals are true and correct and form a material part of this Agreement. 1.1 CITY is part owner along with the City of Delray Beach of the South Central Regional Wastewater Treatment and Disposal Board (SCRWT&DB) wastewater treatment facility a special dependent district. The City purchases reclaimed water from the SCRWT&DB for distribution. 1.2 The City agrees to use its best efforts to supply Reclaimed Water as detailed below to RECIPIENT at a delivery option and related charge set forth in this Agreement. RECIPIENT has valuable golf courses that require access to such Reclaimed Water. 1.3 The RECIPIENT owns and controls land which is described in Exhibit "A" (the "Property"), attached and made a part hereof by reference. 1.4 RECIPIENT agrees to: (a) irrigate the Property using Reclaimed Water; (b) maintain the storage facility, if applicable, ponds and lakes, if applicable, pumps and irrigation system to be located on the Property downstream from the Point of Delivery; and. (c) upgrade its irrigation system when reasonable and economical to utilize Reclaimed Water accepted from the CITY and as required to meet any federal, state, or local requirements, (d)maintain compliance with the operating restrictions for protecting human health and the environment attached thereto as Exhibit-"B". 1.5 RECIPIENT shall accept the Reclaimed Water delivered by the CITY and use it for irrigation of the Property. The CITY shall be deemed to be in possession and control of the Reclaimed Water until it shall have been delivered to the RECIPIENT at the Point of Delivery. After such delivery, the RECIPIENT shall be deemed to be in possession and control thereof. 1.6 The RECIPIENT agrees to maintain all Federal, State and governmental permits issued to it and necessary to allow it to receive and utilize the Reclaimed Water pursuant to the terms of this Agreement. {00260956.2306-9001821} 1 Page 1162 of 120' 1.7 The right of the RECIPIENT to sell, transfer or encumber the Property in areas irrigated with the Reclaimed Water shall not be restricted by this Agreement. This Agreement shall run with the land so long as the use of a major portion of the Property shall continue to be for golf course and related purposes. Any subsequent party in interest to such golf course or courses shall be obligated to receive and pay for Reclaimed Water under the same terms and conditions of this Agreement, unless modified by mutual consent of the CITY and the buyer or transferee. 1.8 METER. The operation and maintenance of the metering facility shall be the responsibility of the CITY. The meter will be utilized to measure the amount of Reclaimed Water delivered by the CITY to RECIPIENT and the CITY shall operate, maintain, cause to be calibrated, and repair said meter. 1.9 COSTS AND OPERATION. The CITY shall bear the cost of owning and maintaining the Reclaimed Water meter and related appurtenances and the lines interconnecting CITY's system into the metering facility, including all valves and appurtenances up to and including the discharge flanges of the valves immediately downstream of the meter. The parties agree that the RECIPIENT shall have reasonable access to the metering facility, to all other Reclaimed Water meters, check valves, and any other appurtenances thereto, to verify flows, meter readings, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operations of the Interconnection facility upon reasonable advance notice to the CITY. The metering device shall be tested and calibrated, at CITY's expense, periodically and repaired if required. Any errors in meter reading and any discrepancy in meter results from a true and correct measure of Reclaimed Water flow to RECIPIENT shall be adjusted properly and retroactively to reflect the flow to RECIPIENT. Any incorrect metering device shall be repaired forthwith by the CITY. SECTION 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following' meanings, unless the context requires otherwise: 2.1 "Agreement "- means this Contract between CITY and RECIPIENT. 2.2 "FDEP" means the Florida Department of Environmental Protection, and its successors. 2.3 "Fiscal Year" means the time period from October 1 to September 30 of each year. 2.4 "GPD" means gallons per day. 2.5 "Irrigation System" means those pump stations, lines, pipes, sprinkler heads, ponds and lakes, storage facilities, if applicable, and pertinent equipment that are located on RECIPIENT's property downstream of the point of delivery and used to store, spray and irrigate with Reclaimed Water that has been treated in accordance with all applicable governmental regulations and in accordance with the terms and provisions of this Agreement. 2.6 "Large Reclaimed User" means Reclaimed Water User that receives an annual average of over 7 million gallons per month. 2.7 "MGD" means million gallons per day. 2.8 "On-Demand Delivery" means that the CITY will provide Reclaimed Water under pressure to the Point of Delivery for the RECIPIENT'S use at any time 2.9 "Point of Delivery" means the point at the meter which divides the CITY's wastewater facilities from the RECIPIENT's irrigation system. 2.10 "Reclaimed Water" means wastewater that has been treated in accordance with Section 3.3 of this Agreement. {00260956.2306-9001821} 2 Page 1163 of 120' 2.11 "Disposal Delivery" means upon approval of the SCRWT&DB, the CITY can deliver a specific quantity of Reclaimed Water to The RECIPIENT's On-Site Storage Facilities at any time at the City's discretion, limited to on-site Storage Facilities storage capacity availability. 2.12 "Reclaimed Water Transmission Facilities" means the CITY's facilities used to transmit Reclaimed Water. 2.13 "Scheduled Delivery" means the CITY will determine when to deliver RECLAIMED WATER to the RECIPIENT's POINT OF DELIVERY at an off-peak demand time (typically daytime hours) at a reduced rate to the RECIPIENT. 2.14 "Storage Facilities", means those facilities which are existing or may be designed, permitted and constructed on the RECIPIENT's Property, if applicable, or upon the CITY's property, if applicable, and which are necessary to store and hold RECLAIMED WATER in a manner that complies with regulatory requirements. 2.15 "Wastewater" means the product received by the wastewater treatment facility for treatment. 2.16"Wastewater Facilities"means the CITY's plant located at 1801 North Congress Avenue, Delray Beach, Florida, and Reclaimed Water transmission facilities, including all interceptors, lines, pipes, meters, couplings, pumps, force mains, and appurtenant equipment necessary' to treat and transmit the Reclaimed Water. SECTION 3. Permits and Delivery Methods 3.1 Permits and Approval for the Irrigation System. RECIPIENT shall be responsible, in cooperation with CITY, for obtaining and maintaining necessary governmental permits and approvals in order to install and operate the irrigation system: provided, however, that CITY shall be responsible for obtaining and maintaining all permits for all RECLAIMED WATER TRANSMISSION FACILITIES located on the CITY side of the POINT OF DELIVERY. CITY shall be solely responsible for obtaining, compiling, providing and complying with all monitoring, sampling,testing, and reporting requirements for the RECLAIMED WATER, which may be imposed by government law, rule, permit, or approval. RECIPIENT shall grant CITY upon reasonable advance notice to RECIPIENT access to the irrigation system as needed to assure continued compliance with applicable laws and regulations, including, but not limited to, any monitoring or testing requirements. The City will make available to RECIPIENT any public records upon request. 3.2 Delivery of Reclaimed Water. CITY agrees to use its best efforts to make RECLAIMED WATER available and deliver at the times requested. RECIPIENT has the option on receiving RECLAIMED WATER by three distinct delivery methods: 1.)On-Demand Delivery, 2.)Scheduled Delivery and 3.) Disposal Delivery. Each Delivery Method will have specific rates as outlined below. The RECIPIENT will have to provide a dedicated storage volume on RECIPIENT'S property to accept RECLAIMED WATER in order to obtain the Scheduled Delivery and/or Disposal Delivery rates. 3.3 Quality of Reclaimed Water. CITY shall make available to RECIPIENT RECLAIMED WATER shall be of a quality consistent with the requirements of"public access" treatment levels as set forth in Chapter 17-610, Florida Administrative Code, or its successor Code provisions, or of a quality consistent with more stringent requirements that may' be imposed by any governmental agency having jurisdiction and legal authority. All RECLAIMED WATER made available by CITY under this Agreement shall, at a minimum, have been treated by advanced treatment methods to remove harmful levels of bacteria, viruses, and other constituents or pollutants which could constitute a danger to human health, and in accordance with all applicable federal, state and. local laws, rules, regulations, policies, ordinances, resolutions, orders and permits. CITY shall provide continuous monitoring of chlorine residual and turbidity, as well as other required ground and surface water quality sampling and monitoring of RECLAIMED WATER as required by local, state and federal. CITY agrees to divert away as expeditiously as possible, from the irrigation system, any {00260956.2306-9001821} 3 Page 1164 of 120' RECLAIMED WATER which does not comply with the terms and conditions of this Agreement or which does not meet the applicable state, federal or local laws and regulations and to promptly and fully notify RECIPIENT of such action. Copies of all test results shall be available to RECIPIENT upon request. 3.4 RECIPIENT shall be responsible for all maintenance of water and its irrigation system on RECIPIENTS side of the POINT(s) OF DELIVERY. 3.5 Nothing in this Agreement shall be construed to give RECIPIENT any right to the exclusive receipt of CITY's RECLAIMED WATER supply. SECTION 4. Term and Fees 4.1 Term. Any Easements and this Agreement shall be in effect for a period of twenty (20) year commencing on the date of execution of this Agreement. The term of any easements and this Agreement shall be automatically extended for successive periods of ten (10) year each, upon the same terms and conditions as herein provided, unless either party hereto notifies the other by certified mail at least three years prior to the expiration of the initial term of this Agreement or any renewal thereof, that this Agreement shall not be so extended. 4.2 Payment of Fees. Large User Reclaimed Water Rates are to remain uniform for all Large Reclaimed Users. Depending on the type of reclaimed water service requested, the following rates & charges shall apply to reclaimed water delivered to the RECIPIENT. LARGE USER RECLAIMED WATER RATES TABLE On Demand Delivery (Published Rated $0.35 f Scheduled Delivery* $0.24 Disposal Delivery* $0.00 "This delivery method will require RECIPIENT to provide sufficient RECLAIMED WATER storage on the RECIPIENTS property. The RECIPIENT has previously made payment of the connection fee for the construction of the modification to the CITY's wastewater facilities for the treatment and production of RECLAIMED WATER. The RECLAIMED WATER rates listed above. The CITY shall render billings to RECIPIENT for gallons delivered on a monthly basis for the actual RECLAIMED WATER delivered. SECTION 5. Future Adjustment of Price of RECLAIMED WATER. The RECLAIMED WATER rates shall be adjusted through the City Budget process based on the City each fiscal year and adopted by rate resolution passed by the City Commission. Any adjusted rates will become effective October 1 each year. The Adjustment will be based on the City's Rate Ordinance and Policy. The maximum annual rate adjustment is capped at plus or minus 3%. SECTION 6. Inspection. CITY shall have the right to enter RECIPIENT'S property, upon proper identification and at any reasonable time, in order to inspect the irrigation system as may be necessary to observe the operational safety, protection, or preservation thereof, to determine compliance with any law, order or regulation of any governmental authority having jurisdiction, and for sampling at any monitoring wells located on the property. SECTION 7. Assignments. This Agreement can be assigned by RECIPIENT with prior notification, to the City. SECTION 8. Prohibition of resale or retransmission. RECLAIMED WATER is for the sole use of the RECIPIENT. The resale or retransmission of RECLAIMED WATER by the RECIPIENT is prohibited. {00260956.2306-9001821} 4 Page 1165 of 120' SECTION 9. Notices; Proper Form. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when (1) hand delivered to the official hereinafter designated, (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth opposite the party' name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith: CITY: CITY OF BOYNTON BEACH Boynton Beach City Manager P.O. Box 310 Boynton Beach, FL 33425-0310 RECIPIENT: SECTION 10. Notices; Default. Each of the parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party 30 days from the date of receipt to cure such defaults, except failure to deliver water on demand. SECTION 11. Default by Either Party. If any party hereto fails to perform or comply with any' of the conditions of this Agreement, and if the nonperformance shall continue for a period of thirty(30)days after the written notice thereof to the non-performing party, or if the performance cannot be reasonably completed within the 30 - day period, or if the non - performing party does not in good faith commence performance within the 30- day period and does not diligently proceed to complete performance, the non-performing party shall be in default or breach of this Agreement. SECTION 12. Indemnification. In the event RECIPIENT shall fail to comply with any reuse water rule or regulation of any Federal, State or County or local agencies, except CITY, or violate any permit granted with regard to the use of the irrigation system on the RECIPIENT'S property, then RECIPIENT shall indemnify the CITY, its officers, governing CITY, employees and agents against all claims, demands, causes of actions, suits, judgments, fines, penalties, or losses, including all costs suffered or incurred by the CITY by reason of such failure. SECTION 13. Remedies of Default. If either party hereto shall be in default hereunder as set forth in Section 11, then the other party shall have the following remedy: bring suit for the breach which has occurred without affecting the obligations of the party"to perform the balance of the Agreement. The parties shall have the right not only to injunctive relief, but also to recover any damages which a party may incur as a result of the breach of this Agreement by the other party. The parties further agree that any litigation shall be brought in Palm Beach County, Florida, only, and the parties agree that the proper venue for any such action would only be in Palm Beach County, Florida. The parties further waive any right to Jury trial they may have in any action among them involving this Agreement or the alleged breach thereof. SECTION 14. Disclaimers of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties hereto and no right or cause of action shall accrue upon or by reason hereof or to or from or for the benefit of any third party not a formal party hereto. SECTION 15. Severability- If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement. SECTION 16. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. SECTION 17. Entire Agreement. This agreement contains the entire Agreement between the parties {00260956.2306-9001821} 5 Page 1166 of 120' hereto with respect to this transaction and supersedes all prior negotiations and all prior written or oral understandings. SECTION 18. Amendments. This Agreement may only be amended, supplemented or discharged by an instrument in writing signed by all parties hereto. SECTION 19. Recordation. This Agreement or a mutually agreeable memorandum thereof will be recorded in the public records of Palm Beach County} Florida. SECTION 20. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The RECIPIENT shall comply with Florida's Public Records Law. Specifically, the RECIPIENT shall: 20.1 Keep and maintain public records required by the CITY to perform the service; 20.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 20.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, RECIPIENT shall destroy all copies of such confidential and exempt records remaining in its possession once the RECIPIENT transfers the records in its possession to the City; and, 20.4 Upon completion of the contract, RECIPIENT shall transfer to the CITY, at no cost to the CITY, all public records in RECIPIENTS possession. All records stored electronically by RECIPIENT 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. {00260956.2306-9001821} 6 Page 1167 of 120' IN WITNESS WHEREOF, the CITY and the USER have executed this contract on the day of , 2018. CITY: WITNESSES: City of Boynton Beach, Florida, A Florida Municipal Corporation By: Print name: ATTEST: Approved as to form and correctness: By: James Cherof, Esquire City Attorney By: Judith Pyle City Clerk RECIPIENT: BY: EXHIBIT "A" {00260956.2306-9001821} 7 Page 1168 of 120' Legal Description EXHIBIT "B" OPERATING RESTRICTIONS {00260956.2306-9001821} 8 Page 1169 of 120' Recipient shall maintain compliance with the following operating restrictions for protecting human health, welfare and safety, and the environment. I. The public shall be notified of the use of reclaimed water by posting advisory signs, notes on score cards or other methods in accordance with Chapter 62-610.468 FAC. 2. Direct connections between the reclaimed water system and irrigation water system shall not be allowed without the use of appropriate backflow prevention devices. 3. No cross-connection to potable water systems shall be allowed. 4. All reclaimed water valves and outlets shall be appropriately color coded and labeled in accordance with Chapter 62-610.470 FAC to warn public and employees that the water is not intended for drinking. 5. Setback distances to potable water supply wells and the use of low trajectory nozzles shall be in accordance with Chapter 62 - 61047! FAC. 6. The use of reclaimed water shall be consistent with all applicable federal, state and local laws and regulations. {00260956.2306-9001821} 9 Page 1170 of 120' 12.D. LEGAL 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 19-009 - FIRST READING -Approve changes to Chapter 18, Article IV, Pensions for Firefighters. EXPLANATION OF REQUEST: As a result of collective bargaining the City and the Union have agreed to changes to the Firefighters' Pension which require a modification of the City Code of Ordinances, Chapter 18, Article IV for the following: • Provide a maximum benefit cap of$95,000; • Revise early retirement date for newly hired firefighters; and • Revise normal retirement date for newly hired firefighters. Prior to the Ordinance becoming effective the following conditions precedent to the adoption of this Ordinance have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments or a letter of opinion from the Plan Actuary that the amendment has no actuarial impact; and (b) the Ordinance and impact statement have been sent to the State of Florida Division of Retirement; and (c) the Fire Pension Board Attorney has provided the City with a written legal opinion that the amendments are in accord with all State and Federal Statutes and Regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The intent is that these revisions will continue to provide a competitive retirement plan while being fiscally responsible in the administration of the plan. FISCAL IMPACT: ALTERNATIVES: Not approve modification and leave pension plan as is. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 1171 of 1207 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Amending IFF Pension Ord 18-180 Page 1172 of 1207 I ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH 4 AMENDING CHAPTER 18, ARTICLE IV, PENSIONS 5 FOR FIREFIGHTERS; AMENDING SECTION 18-180 TO 6 PROVIDE A MAXIMUM BENEFIT CAP OF $95,000; 7 AMENDING SECTION 18-180.1 TO PROVIDE FOR A 8 REVISED EARLY RETIREMENT DATE FOR NEWLY 9 HIRED FIREFIGHTERS; AMENDING SECTION 18-185 10 TO PROVIDE FOR A REVISED NORMAL 11 RETIREMENT DATE FOR NEWLY HIRED 12 FIREFIGHTERS; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City of Boynton Beach and the International Association of 17 Firefighters,Local 1891 have negotiated amendments to the Boynton Beach Firefighter Pension 18 Trust Fund; 19 WHEREAS, Addendum "E" to the parties' collective bargaining agreement provides 20 for a revised benefit structure for new firefighters. In particular, Addendum "E" provides for 21 revised early and normal retirement dates for newly hired firefighters; 22 WHEREAS, Addendum "E" also provides for a maximum benefit cap of$95,000 for 23 active firefighters, as permitted by law; 24 WHEREAS, the Board of Trustees of the Boynton Beach Firefighter Pension Trust 25 Fund has recommended the adoption of an Ordinance to codify Addendum "E"; 26 WHEREAS, the City Commission of the City of Boynton Beach, desires to amend 27 Chapter 18 of the Code of Ordinances of the City as recommended by the Board of Trustees. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA: 30 Section 1. The foregoing Whereas clauses are true and correct and are now ratified 31 and confirmed by the City Commission. Page 1173 of 1207 32 33 34 Section 2: Section 18-180 is hereby amended to read as follows: 35 Sec. 18-180. Monthly retirement income. 36 37 (a) The amount of monthly retirement income payable to a firefighter who retires on or 38 after the firefighter's normal retirement date shall be an amount equal to the number of the 39 firefighter's years of credited service multiplied by 3% of such firefighter's average final 40 compensation. Effective October 1, 2018 the maximum normal retirement benefit shall be 41 capped at ninety-five thousand dollars ($95,000)(hereinafter the"maximum benefit cap"). The 42 maximum benefit cap will be increased annually beginning on the first (1st) day of October 43 2023 and on each October 1st thereafter) by one and a half percent 1.5%). The maximum 44 benefit cap shall also apply to early retirement, deferred vested retirement and disability 45 retirement. In the case of early retirement and deferred vested retirement, the maximum benefit 46 cap shall be applied to the normal retirement benefit before reflecting any reductions for early 47 retirement. At all times, the Plan shall comply with the maximum benefit limitations of IRS 48 Code Section 415(d) and all applicable Treasury Regulations. 49 50 ll�eeyent may a fnemb .,1 benefit 'a + lesser-E)P 51 52 Revenue Code (IRG) Seetion 415(d), but only for- the year- in whieh stieh adjustfReat is 53 ; ef 54 55 56 highest paid eanseetitive years; however-, benefits of tip to $10,000 a year- ean be paid WithEffl 57 fegafd te the 100-4 58 defined benefit plans (as defined in IRG, Seetion 14 10)) maintained by the eity for-the pr-esen 59 and any pr-ier-year-de net&ieeed $10,000 and the eity has net iaintained a defined 60 , 61 62 If a fnember- has less than ten years of sef-viee with the eity, the applieable lifnitati 63 64 , 65 . 66 67 " 68 far-fn E)f a straight life annuity with ne aneillar-y E)r- ineidental benefits afid With HE) fflefflber- E) 69 70 paragraphs(1)and(2)above will be r-edueed aettiar-ially,usia– Fate assumpt an equal 71 ° . 72 73 74 in paragraph (1) shall be r-edueed aettiar-ially u-i —1-4--Rte assu 4 to the 75 ° ; 2 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.Ordinance Adoption 2018- 2021-CBA Final Draft (00121524xbcl71) .Docx Page 1174 of 1207 76 shall not be r-edueed below seventy five thatisand dollars ($75,000.00) if payfRefit of benefits 77 begins at or- after- age fifty five (55) and not below the aetuar-ial equivaleat of seventy five 78 thatisand dollars ($75,000.00) if paymeat of benefits begins befOr-e age fifty fiVe (55). FEW 79 member-with fifteen (15) er-mer-e years ef sef-,4ee with the eity, the r-edttetiens deser-ibed abev_e 80 shall not r-eduee stieh fnember-'s benefit below fifty thatisand dollars ($50,000.00) (aE�Hsted fO 81 east E)f living in aeear-danee with IRS Seetion 415(d), but only for- the year- in whieh sue.h. 82 aE�tistfneat is eff-eetive). if r-etir-efneat benefits begin after- age si�E�y five (65), the dallaf 83 lifnitation of paragraph (1) shall be iner-eased aettiar-ially by rest assump ion equal 84 to the lose-of five (5) pe entor-the rate used for-aettiar-ial e .,io,,,e 85 86 "average 87 highest paid eanseetitive years" shall fnean the fnember-'s greatest aggregate eampeasation 88 dur-ing the period of three (3) eanseetitive ealeadA_ hieh the individual was an aetive 89 member- ef the plan. The stim ef the d Aned be—fit f+aetien and the defined eefltr-ibu 90 fFaetion for- all qualified plans of the e4y for- eaeh eamm it shall not e�Eeeed ane 91 0-0* 92 93 Section 3: Section 18-180.1 is hereby amended to read as follows: 94 Sec. 18-180.1 Computation of monthly retirement income in the instance of early retirement. 95 96 The benefit payable for early retirement shall be the same as determined for normal 97 retirement, as set forth in section 18-180, less three (3)per cent for each year or portion thereof 98 of which the member's actual retirement date precedes she date which would have been the 99 member's normal retirement date had such member remained in full-time employment with the 100 city. For all new members hired on or after February 5, 2019 hereinafter "Tier 2 members"), 101 early retirement shall be available at age fifty(50)with at least ten(10)years of service,reduced 102 by the three (3) per cent per year early retirement reduction described above. The maximum 103 benefit cap established in 2019 shall apply to early retirement benefits, but for calculation 104 purposes shall be actuarially determined based on the member's normal retirement benefit. 105 106 Section 4: Section 18-183 is hereby amended to read as follows: 107 Sec. 18-182 Disability retirement benefits. 108 109 (a) Service incurred. Any member who receives a medically substantiated service 110 connected injury, disease or disability, which injury, disease or disability totally and 111 permanently disables such member to the extent that, in the opinion of the board of trustees,the 112 member is wholly prevented from rendering useful and efficient service as a firefighter, shall 113 receive a monthly benefit equal to sixty-six and two-thirds (66 2/3) per cent of the member's 114 basic rate of earnings in effect on the date of disability. Such benefit shall be payable on the 115 first day each month, commencing on the first day of the month following the latter to occur of 116 the date on which the disability has existed for three (3) months and the date the board of 117 trustees approved the payment of such retirement income. In the event of recovery prior to the 118 otherwise normal retirement date, credit for service during the period of disability shall be 119 granted for purposes of subsequent retirement benefits. The amount of the disability benefit 3 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.0rdinance Adoption 2018- 2021-CBA Final Draft (00121524xbc171) .Docx Page 1175 of 1207 120 payable from the fund shall be reduced by any amounts paid or payable as disability benefits 121 from workers' compensation and the federal social security system. The reduction for social 122 security benefits shall be in the amount of the primary insurance amount(PIA) only, and future 123 increase, if any, in the disabled member's social security disability benefit shall not serve to 124 reduce any further the disability benefit from the fund. The reduction for social security shall 125 terminate upon the attainment of age sixty-five (65). For purposes of compliance with Chapter 126 175, Florida Statutes, service-incurred disability benefits shall not be offset below 42% of 127 average final compensation. The maximum benefit cap established in 2019 shall apply to 128 service incurred disability retirement benefits under this subsection. 129 130 (b) Nonservice incurred. Any member with ten (10) years of continuous service who 131 receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, 132 disease or disability totally and permanently disables such member to the extent that, in the 133 opinion of the board of trustees, the member is wholly prevented from rendering useful and 134 efficient service as a firefighter, shall receive from the fund in equal monthly installments an 135 amount equal to two and one-half(2'/2) per cent of that member's average final compensation 136 for each year of continuous service until death or recovery from disability, whichever shall first 137 occur; Such benefit shall be payable on the first day of each month, commencing on the first 138 day of the month following the latter to occur of the date on which the disability has existed for 139 three (3) months and the date the board of trustees approved the payment of such retirement 140 income. For purposes of compliance with F.S. Chapter 175, the minimum nonservice-incurred 141 disability benefit shall be 25% of average final compensation. The maximum benefit cap 142 established in 2019 shall apply to non-service incurred disability retirement benefits under this 143 subsection. 144 145 Section 5: Section 18-185 is hereby amended to read as follows: 146 Sec. 18-185 Normal retirement date. 147 148 The normal retirement date of each firefighter will be the first day of the month coinciding with, 149 or next following, the earlier of the date on which such firefighter has attained and completed 150 twenty (20) years of service, regardless of age, or at fifty-five (55) years of age with ten (10) 151 years of service. There is no age requirement for a normal retirement. For all members first 152 hired on or after February 5, 2019 (hereinafter"Tier 2 members"), the normal retirement date 153 will be the first day of the month coinciding with or next following the date on which the 154 firefighter has attained and completed twenty-five (25) years of service, regardless of age, or 155 at fifty-five 55)years of age with ten (10)years of service. If a Tier 2 member separates from 156 service with less than twenty-five (25) years of service the normal retirement date shall be the 157 first day of the month coinciding with, or next following, attainment of age fifty-five (55). 158 159 160 161 Section 6: That all ordinances or parts of ordinances in conflict herewith be and the 162 same are hereby repealed. 4 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.0rdinance Adoption 2018- 2021—CBA Final Draft (00121524xbc171) .Docx Page 1176 of 1207 163 Section 7: Should any section or provision of this ordinance or portion hereof, any 164 paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, 165 such decision shall not affect the remainder of this ordinance. 166 Section 8: Authority is hereby granted to codify this ordinance. 167 Section 9: As agreed by the parties, the sum of$150,000 of Chapter 175 insurance 168 premium taxes (IPT) shall be used to reduce the Pension Fund's unfunded liability as follows: 169 $75,000 of IPT shall be allocated effective October 1, 2019 and $75,000 of IPT shall be 170 allocated effective October 12020, consistent with SB 172 and past practice. 171 Section 10: This ordinance shall become effective immediately upon passage,but the 172 $95,000 cap shall not be interpreted as applying to the accrued benefit of any grandfathered 173 members as of October 1, 2018. For purposes of this section, "grandfathered member" shall 174 include existing retirees, deferred vested members, DROP participants and currently employed 175 firefighters who are presently eligible for normal retirement. 176 FIRST READING this day of , 2019. 177 5 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.0rdinance Adoption 2018- 2021—CBA Final Draft (00121524xbc171) .Docx Page 1177 of 1207 178 SECOND, FINAL READING AND PASSAGE this day of 179 2019. 180 CITY OF BOYNTON BEACH, FLORIDA 181 182 YES NO 183 184 185 Mayor— Steven B. Grant 186 187 Vice Mayor— Christina L. Romelus 188 189 Commissioner—Mack McCray 190 191 Commissioner—Justin Katz 192 193 Commissioner—Aimee Kelley 194 195 VOTE 196 ATTEST: 197 198 199 Judith A. Pyle, CMC 200 City Clerk 201 202 203 (Corporate Seal) 204 205 206 6 C:AProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\C1E172D9-FC48-4905-8AB5- 8C5F4757D87A\Boynton Beach.14581.1.Ordinance Adoption 2018- 2021—CBA Final Draft (00121524xbcl71) .Docx Page 1178 of 1207 12.E. LEGAL 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Discuss adoption of anti-lobbying ordinance applicable to City Board Members. (Tabled to March 19, 2019) EXPLANATION OF REQUEST: At the October 31, 2018 City Commission meeting the Commission deferred action on the considering the adoption of an ordinance which would prohibit a City Board Member from engaging in lobbying activities for a period of time (as yet undetermined) after the Board Member leaves the Board. Minutes of 10/31/18 meeting attached. In the November 2018 statewide election, the citizens of Florida approved amendment to the State Constitution prohibiting elected municipal officials from lobbying for a period of six years after they leave public office. Article 2, Section 8 of Florida Constitution attached. With Commission direction an ordinance can be prepared for first and second reading. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: Delay discussion of anti-lobbying ordinance regarding city board members to another date. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1179 of 1207 ATTACHMENTS: Type Description D Minutes Minutes of the October 31, 2018 Commission meeting D Attachment Article 2, Section 8 Page 1180 of 1207 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON WEDNESDAY, OCTOBER 31, 2018, AT 6:00 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE, 2240 FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Commissioner James Cherof, City Attorney Joe Casello, Commissioner Judith A. Pyle, City Clerk ABSENT: Christina Romelus, Vice Mayor Romelus Mack McCray, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:00 p.m. Invocation Commissioner Casello gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add Informational Item. 2. Adoption Motion Commissioner Katz moved to approve the agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 2. INFORMATIONAL ITEMS Page 1181 of 1207 Special Meeting Minutes City Commission ByBeach, Florida October 31, 2018 Commissioner Katz distributed a packet which contained an email and Planning and Zoning Board meeting minutes from July 2016 addressing an issue which was left open from the last Commission meeting. When he cited the information he believed the information to be correct. Commissioner Katz indicated for the record his assertion at the last Commission meeting was 100% correct. As such he would stand by what was stated at that time. Attached to the package was an email from the individual which called into question his statement of accuracy at the last Commission meeting and requested a formal public apology. Commissioner Katz indicated he was correct in his statements and there was no need for an apology. Commissioner Casello believed having this ordinance would address issues which have occurred in the City of Boynton Beach. Hopefully this ordinance would curtail some of those issues. He believed transparency was a concern for elected officials. This ordinance addresses transparency in the City of Boynton Beach. Mayor Grant reviewed the Florida tax watch amendment 12 discussion, regarding public officials becoming lobbyist. Indicated if this amendment passes, Florida would have the strictest lobbying ordinance of any State. Public officials could become lobbyist after 12 years of leaving office. Elected official are being held to a higher standard. Mayor Grant attended the Community Green event. Requested the approval of the Commission to place on Future Agenda about what was to be done about the Kapok tree which was not slated to be saved, also, asked how can the City further the urban canopy. There was a consensus. Commissioner Casello thought the tree was slated to be saved. Mayor Grant indicated the one next to the Historic School House was slated to be save but not the one next to the amphitheater 3. OTHER A. PROPOSED ORDINANCE No. 18-031- Second Reading City Commission to consider amending Part II, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member advocacy and lobbying. Attorney Cherof read Proposed Ordinance No. 18-031 into the record on second reading. Commissioner Katz stated he would like to offer a potential amendment to this Ordinance. In the spirit of the Constitution Revision Committee question, regarding lobbyist, there should be some type of prohibition of members which serve on the Advisory Boards or Commission. He believes that it was important to protect the integrity of these boards. He 2 Page 1182 of 1207 Special Meeting Minutes City Commission Boynton Beach, Florida October 31, 2018 would like to add some language which states when board members leave there would be a 12-month prohibition on their ability to become paid lobbyist to the Commission or CRA. This would make sure the board was not being corrupted by special interest. The former board member would not be able to leverage their positon to become a lobbyist for special interest. He would like to place on the future agenda item a similar prohibition for elected official with similar language. Mayor Grant questioned if Amendment 12 passes as there was no need for a new ordinance. Commissioner Katz confirmed. Mayor Grant asked if the legal department needed specific language for the ordinance. Attorney Cherof responded language was needed to amend the ordinance. Mayor Grant stated he does not believe they can create, between the first and second reading. He asked if they could create some type of specific language. Attorney Cherof noted the Commission could amend any ordinance on the second reading. Mayor Grant asked if the ordinance language needed to be exact. Attorney Cherof stated the language needed to be worked out at this time. Commissioner Katz said if it was tedious it could be revisited at a later date. He was withdrawing the amendment to the Ordinance. Mayor Grant indicated it was as simple as saying a City board member would be prohibited from acting as a lobbyist for an additional 12-months after resigning from an Advisory Board. Commissioner Katz noted if it was simple to have one sentence. He was ok with this. Attorney Cherof suggested the conservative approach would be to defer it and do it as an add on later based on the outcome of the referendum to the Constitution amendment. If the Commission were to change the ordinance on the dais they could create a subsection. Mayor Grant stated there were some questions that needed to be answered, such as what would the remedy be if the board member lobbied the Commission or the CRA. He would like to see the ordinance approved as stated. Stated the language could be worked out at a later date. Motion Commissioner Katz moved to approve as stated. Commissioner Casello seconded the motion. City Clerk, Pyle called the roll. Vote 3-0 (Vice Mayor Romelus and Commissioner McCray absent) 3 Page 1183 of 1207 Special Meeting Minutes City Commission Boynton Beach, FloridaOctober 31, 2018 Attorney Cherof questioned with the new rules will this item come back as a future agenda item or new business. Mayor Grant asked if Commissioner Katz would like to see this as a Future Agenda item. Commissioner Katz replied if this was about the prohibition on becoming a lobbyist after serving as an Advisory Board member. Mayor Grant confirmed. Attorney Cherof inquired if this should come back in the form of ordinance. Commissioner Katz confirmed. Commissioner Casello inquired if this would jeopardize Ordinance 18-031. Mayor Grant responded that ordinance has been approved. Explained this was something for a Future Agenda item. Commissioner Katz believes that Elected Officials should be held to the same standard as the appointed Advisory Board members. The intent of this ordinance was to prevent the special interests from gaining undue influence over the advisory board as well as the Commission. Noted his Future Agenda was meant to prohibit Commissioners as well as appointee to the Advisory Board from becoming lobbyist subsequent to their serving in their position. Inquired if this Ordinance could stand alone to prohibit both groups. Commissioner Katz indicated the future agenda item should be to 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. 4. ADJOURNMENT Motion There being no further business to discuss, Commissioner Casello moved to adjourn. Commissioner Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned 6:14 pm (Continued on next page) 4 Page 1184 of 1207 Special Meeting Minutes City Commission Boynton Beach, FloridaOctober 31, 2018 CIT TON `BCH } rr f M. Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner 7.Justin Satz C' t sslon - ack Cray ........— Commissioner-Vacant ATTEST Judith A. Pyle, CMC City Clerk ueenester Nieves _ __... .. .. Deputy City Clerk 5 Page 1185 of 1207 10/30/2018 Gmail-Fwd:lobbying ordinance GmallJustin Katz<jsi roe a all.com> Fwd: lobbying ordinance 1 message Katz,Justin<KatzJr@bbfl.us> Tue, Oct 30, 2018 at 1:26 PM To. Justin Katz<justinrobertkatz@gmail.com> Sent via the Samsung Galaxy SF,ars AT&T 4G LTE smar phone Justin Katz City Commissioner-District I City Commission Mailing Address: P.sa, Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 561-742-6010 KatzJr@bbfl.us I boynton-beach.or / , 6 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-rnail communication and your e-mail address may be subject to public disclosure- ------Original message-- From: David<commkay aol.com> Date: 10115/18 12:33 PM (GMT-05:00) To:"Katz, Justin"<KatzJr@bbfl.us>,"Grant, Steven" <GrantS@.bbfl.us>, "Romelus,Christina"<RomelusC@bbfl.us>, " cCray, Mack"< cCray bbfl.us>, "Casello,Joseph"<CaselloJ@bbfl.us>, "La erriere, Lori"<LaVerriereL bbfl.us>, "Pyle,Judith"<PyleJ@bbfl.us>, "Cherof,James"<CherofJ@bbfl.us>, "Swanson, Lynn"<SwansonL bbfl.us> Cc:ctodaro@pbpost.com Subject: lobbying ordinance Commissioner Katz, On August 7,2018 at the City Commission meeting you made false accusations against me regarding a vote while serving on the P&D Board. Then at the October 16th, 2018 City Commission meeting, you once again claimed I had publicly of cast a vote in favor of the 211 East Ocean Avenue Project at a P & D boar meeting. You continued to imply the project developer "Shovel Ready" had engaged me in a paid capacity subsequently to the alleged vote. In fact, at thisweek's meeting you emphatically refused to consider the possibility you might have been incorrect. Simultaneously, you claimed the said information could be easily be verified but no public admission that you might have misspoke regarding my actions. ,iail.g le com/maiUu/1?ik=52d95aOca8&view=pt&search=all&permthid=thread-P/®3Ai615772138400993174°/®7Cmsg-f°/®3A1615772138400... 1/2 Page 1186 of 1207 1013CV2018 Gmail-Fwd:lobbying ordinance This letter and attachment serve to correct the public record. The attachment is selected P& D Board meeting agendas beginning with July of 2017. This selection is a baseline to coincide with the timeline you referenced during your comments at the October 16th meeting. Please note there was no P& D Board meeting in December 2017. As you can see,thea ached PDF removes any smidgen of any wrongdoing on my part. All sitting commissioners have readily available access to any and all records to make informed decisions. Your allegations are patently false combined with your failure to check the records prior to accusing me publicly of animproper act is inexcusable.Your rationale for supporting Ordinance 18-031 never existed. Lastly, I would request and appreciate a written and public apology from you. David Katz 67 Midwood Lane Boynton each, FL 33436 p&d board meetings.pdf 1460K https.-I/mail.google-conVmaiVu/l?ik=52d95aOca8&view=pt&search=all&permthid=thread-fl/.3AI615772138400993174%7Cmsg-fl/o3AI615772138400... 2/2 Page 1187 of 1207 10/3012018 Gmail-Fwd:P&D Board-211 E Ocean Avenue Gmall' Justin Katz<justinro ertka aiLcn > Fwd: P & D Board - 211 E Ocean Avenue 1 message Katz,Justin<KatzJr@bbfl.us> Tue,Oct 30, 2018 at 1:25 P To: Justin Katz<justinrobertkatz@gmail.com> Sent via the Samsung Galaxy S8,an AT&T 4G UFE smartphone Justin Katz City Commissioner-District I City Commission Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 1 Boynton Beach, Florida 33426 561-742-6010 KatzJr@bbfl.us I boynton-beach.org/ IN _ � . V,,W < t l, t ------Original message From: "Simon, Michael"<SimonM a@@bbfl.us> Date- 10/19/18 5:49 PM (GMT-05:00) To: "Katz,Justin"<KatzJr@bbfl.us> Subject: P&D Board-211 E Ocean Avenue Good afternoon CRA Board member Katz: As per your request,attached please find the minutes of the July 26, 2016 Planning and Development Board meeting minutes involving the approval of the 211 E. Ocean Avenue site plan application as submitted by Local DevCo(Shovel Ready Projects).As per your comments at Tuesday's City Commission meeting, Mr. Katz was the P&D Board Chairman at the time the project went before that Board. If you have any questions or need any additional information, please do not hesitate to contact me directly. Have a great weekend. Michael Simon,FRA-RA,LP313,LRES Executive Director https-//mail.g le- mlmail/u/1?ik=52d95aOca8&view=pt&search=all&permthid=thread-f°/®3Al615772106360032 °/*7Cmsg-f%3A16157"721164558 1/2 Page 1188 of 1207 10/30/2018 Gmail-Fwd:P&D Board-211 E Ocean Avenue Boynton Beach Community Redevelopment Agency ` 710 N. Federal Hwy, Baynton Beach, Florida 33435 561-600-9091 561-737-3253 f SimonM@bbfl.us I http;//www.catchboynton.com 1 -x� ; , -" � ` � �IRr t BEACH America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. on P$Q Minutes approving Site Plan-211 E.Ocean.pdf 345K https://mail.g le.00m/mail/u/1?ik=52d95aOca8 view=pt search=all&permthid=thread-f%3Al6l5772106360032 %7Cmsg-f%3A161577211 558... M Page 1189 of 1207 a MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 26, 2016, AT 6:30 P.M. PRESENT: David Katz, Chair Mike Rumpf, Planning & Zoning Director Ryan Wheeler, Vice Chair Ed Breese, Principal Planner Kevin Fischer Hannah Matras, Senior Planner Trevor Rosecrans David Tolces, City Attorney Nicholas Skarecki Floyd Zonenstein, Alternate ABSENT: Brian Miller Stephen Palermo Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance, led by Vice Chair Ryan Wheeler. 2. Roll Call Rall was called and it was determined a quorum was present. 3. Agenda Approval Chair Katz asked to move up Item 9 to right after Item 5. Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the agenda as amended. The motion passed unanimously (6-0). 4. Approval of Minutes, April 26, 2016 meeting Chair Katz commented that verbatim minutes are not needed, but if a Board member asks a cogent question, he would like to see it in the minutes, who asked the question along with the answer, rather than "discussion ensued." Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve the minutes of the May 24, 2016. In a voice vote, the motion passed unanimously (6-0). Page 1190 of 1207 Meeting Minutes Planning and Development Board Boynton each, Florida July 26, 2016 5. Communications and Announcements: Report from Staff Mr. Rumpf, Planning and Zoning Director, said the following items from the July 5 City Commission agenda were approved: • All text amendment items involving used merchandise, sale and repair of motor vehicles and boats, the silos and storage containers, sustainable parking items. • All items Title 601 S. Federal Highway, which is a mixed-use project combining an office building and a residential building. Each item included land use and rezoning items, Community Design plan appeal, site plan, and height exception. Chair Katz asked about the decision to let True Treasures come into the space that was Home Depot or the grocery store, but now that they have withdrawn, if it would open up doors to other questionable parts of the city, like consignment shops. Mr. Rumpf stated he did not think so as he had this in mind when he made his recommendations. 6. Comments by Members — Discussion by Board of proposed training session from American Planning Association Chair Katz reported that he, Vice Chair Wheeler, and Mr. Fischer had gone to a training session put on by American Planning Association. The following items were discussed: • Whether giving notice of 400 feet for public notice is governed by City ordinances or by State Statute. Although it's a local ordinance, Mr. Rumpf said it could be determined by a sliding scale based on relevant information such as noise ordinances. Mr. Rosecrans said increased traffic counts could also be a trigger. • The sign code was rewritten as part of the Land Development Regulations (LDR) in 2010. • Some boards in this county get their backups sooner than this Board. A request was made to get the packets sooner. Citing presentation made by Sue Trevarthen, land planner and attorney from Broward County, an overview of the Board as a quasi-judicial body was discussed with Mr. ToIces. • Another part of Ms. Trevarthen's presentation concerned a board avoiding being arbitrary or discriminatory in making decisions. Mr. ToIces and Mr. Rumpf confirmed this position, stating the LDRs provide objective standards, most of them measurable. • An overview of ex parte communications cited Resolution 95.99. Various examples were reviewed, stressing transparency and compliance with the Sunshine law concerning public records 7. Old Business Chair Katz stated there was no old business. 2 Page 1191 of 1207 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 26, 2016 8. New Business A.1. 211 E. Ocean Avenue SP 16-005 — Approve request for Major Site Plan Modification approval to add 1,266 square feet to an existing 1,500 square foot building for the conversion of the structure to a restaurant use, and related site improvements, located in the R3 (Multi-Family Residential) zoning district, within the Ocean Avenue Overlay Zone. Applicant: Tom Prakas, Prakas & Co. James Williams, A&W Architects, gave a brief slide presentation, including the following points: • The historic Magnuson House is intended to be a casual neighborhood restaurant, with outdoor seating. Q The CRA provided Historical Society's 1920s photographs so the front porch, which is not there now, could be duplicated. o Applicant proposes a trellised area for an indoor/outdoor beer garden. o The 750 sq. ft. on each floor of the main house will be retained. There will be an addition to the rear of approximately 1,300 sq. ft., as well as the covered porch in front and back. o The site will be kept as lushly landscaped as possible. a With the roof plan, the air conditioning equipment, as well at the kitchen exhaust hood, are hidden from view behind the structure and behind the 4 to 5 foot high mansard roof. • A stair will be added on the west side to access storage and office functions for management, allowing for no public access. The existing inside stairs will be coming outside to make room for seating, which has been approved by the Historic Board. • Working from the historic pallet of colors, the color scheme for roof, wood trim, and walls were chosen. Regarding parking, Mr. Williams explained the agreement with the CRA for the parking lot in the next block, as well as the parking lot at the City Park several blocks away, both in addition to on-street parking. Transit and transit-oriented developments are needed for this to be considered a CRA urban-style site. The Engineers have determined that 1) the existing fire hydrant located 200 feet from the front of the property, and 2) the existing water main are both sufficient. Eventually the water will be upgraded (five-ten years), but the Engineers have assured that the only concession on the plumbing is that they can't use flush valve toilets. Vice Chair Wheeler asked if Mr. Williams and his client are okay with the conditions of approval set forth at the last meeting. Mr. Williams admitted that for the most part, yes, but Item 13 regarding the buffer walls is an issue that requires discussion. The applicant knows he has to comply with noise ordinances, but he would prefer not to build walls around his site; he'd like to have good access. The CRA may participate in the building of this wall, but they didn't seem to be in favor of it either. However, it is written in the 3 Page 1192 of 1207 Meeting Minutes Planning and Development or Boynton each, Florida July 26, 2016 ordinance. One mitigating feature is the project is not immediately adjacent to any incompatible use. Chair Katz asked if a landscaped 'Wall" would be better. Mr. Williams said there is heavy landscaping on the north and east sides. A solid masonry wall is best for stopping sound, but cost study on this wall is approximately $55,000. A PVC/vinyl wall is also being considered. Chair Katz called upon Mike Simon, Assistant Director for CRA, as to how the CRA feels about Item 2. After some clarification of responsibility for the paving, Mr. Simon said the CRA supports the applicant's efforts to mitigate that condition and appreciates Mr. Mack's ability to see past the drawing. Mr. Skarecki asked Mr. Simon how the CRA feels about the wall. Mr. Simon replied that despite the regulations within the LDRs, the CRA would like to see acceptable alternatives to PVC fencing. They would not like to see walled off sites as screening them off defeats the purpose. The CRA is already into the project for$336,000 worth of grant monies. Mr. Skarecki next asked staff if the wall is just to contain sound. Mr. Breese replied, yes, the wall is for sound purposes and is in conjunction with the landscaping, which is above the wall as well. Mr. Fischer wondered if, in this district, there has been any evaluation for the potential for shared storm water facilities. Mr. Breese replied that most of the heart of the downtown, east of the railroad tracks, has that concept. West of the tracks, however, does not have that at this time. Chair Katz opened the floor for public comment; there was none. Motion made by Vice Chair Wheeler, seconded by Mr. Skarecki, to approve 211 E. Ocean Avenue, Item 7.A.1 (MSPM 16-005). Chair Katz asked that the motion be amended to give the Applicant relief from the buffer wall in Condition #13 in favor of adding additional landscaping. Vice Chair Wheeler moved to approve the motion as amended, Mr. Skarecki seconded. In a voice vote, the motion passed unanimously (6- 0). B.1. CoMRLehens,ive Plan's Coastal Managp-ment Element Text Amend- ments (CPTA 16-00,11 — Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. City initiated. Chair Katz introduced Hanna Matras, Senior Planner, who reported on the history and drafting of new statutory requirements to be placed on review. The new code now calls 4 Page 1193 of 1207 Meeting Minutes Planning and Development Board - Boynton Beach, Florida July 26, 2016 for the Comprehensive Plan to be amended for changes in the State requirements only. It is recommended that the City at the same time also reviews all the elements of the Comprehensive Plan. There are incoming amendments for the land use and several other elements that stem: 1) from the Coastal Consolidated Plan which requires extensive amendments to the land use; and 2) major changes to the public school facilities because of public school concurrency (now called Capacity Determination). Palm Beach County is doing a template for all municipalities to amend the Plan to reflect these new regulations. This amendment is due now for the codification of the several new requirements for that element. There are six (6) new requirements. The last three are not an issue because they can be verbatim incorporated into the Comp Plan. However, the first three need immediate attention as the language is vague and general. Prior to 2011, Rule 935 was used to interpret and clarify the statutory requirements and has been eliminated. The Department of Economic Opportunity/Community Planning staff have considered acceptable language. The new requirements for the Coastal Management Area mainly pertain to coastal flooding and were approved in the last year's legislation and codified on July 1st. The letter of determination is due August 1st. Two other governments that submitted language are still working with the Department of Economic Opportunity as there still is no example of what language will be acceptable. Besides responding with some policies, the entire element is being withheld. Two items needing attention are: 1) sea level rise, and 2) tide-prone areas and other flood-type areas. Mr. Rosecrans asked about King Tide areas impacted now, with significant sea level rise predictions. Michael Lowe, Utilities Manager, Technical Service, said there is not a lot that can be done. They are investigating various types of storm systems. Storm systems along US 1 fall under FDOT's jurisdiction, but Boynton Beach Utilities (BBU) is putting others in, and looking at different types of control structures. Mr. Rosecrans next asked about sea walls. Mr. Lowe said BBU is not looking at sea walls; that would fall under planning. There are a number of areas that already get badly flooded. In one particular area, BBU put in a storm water system and storm water ponds in that area with pumping stations, but once the sea comes over the wall, there's not much that can be'done. Mr. Rosecrans wanted to know if that was at high tides now or only King tides. Mr. Lowe said they don't pump at high tide, only when there is storm water that needs to be removed. Chair Katz opened the floor for public comment; there was none. Motion made by Mr. Rosecrans, seconded by Mr. Fischer, to approve Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001). In a voice vote, the motion passed unanimously (6-0). 5 Page 1194 of 1207 Meeting Minutes Planning and Development Board Boynton each, Florida July 26, 2016 9. Other There was no other business. 10. Comments by members—Additional Chair Katz asked Mr. Rumpf if the DART Review Board is what used to be the Technical Review Board, and is it open to the public. Mr. Rumpf answered, yes, it is the old Technical Review Board-, and no, it is not open to the public. It is for administrative staff only. There are other opportunities for public hearings and intervention, and information is made available to the public on the website. Mr. Rumpf had an informational item: This Thursday (July 28) at 5:30 at the Inn at Boynton Beach, the FDOT is holding a public workshop to go through alternatives for potential improvements to the 1-95 interchanges with Gateway and Boynton Beach Boulevards. 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:30 p.m. [Minutes prepared by M. Moore, Prototype, Inc.] 6 Page 1195 of 1207 d Page 1196 of 1207 . Ethics in government, FL CONST Art. I t's Florida Statutes Annotated orida Constitution--1968 Revision(Refs&Annos) Article II.General Provisions(Refs&Annos) West's F.S.A.Const.Art.2 §8 §8.Ethics in government Currentness <Text effective December 31,2020 and December 31,2022(see Const.Art.XII, §38)> A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right: (a)All elected constitutional officers and candidates for such offices and,as may be determined by law,other public officers, candidates,and employees shall file full and public disclosure of their financial interests. (b)All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances. (c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law. (d) Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provided by law. (e) No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. No member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals. Similar restrictions on other public officers and employees may be established by law. (f)(1) For purposes of this subsection, the term "public officer" means a statewide elected officer, a member of the legislature, a county commissioner, a county officer pursuant to Article VIII or county charter, a school board member, a 0 20119 Thomson Reuters. No clairn to original U.S. Government Works. 1 Page 1197 of 1207 B. Ethics in government, FL CONST Art.2 superintendent of schools, an elected municipal officer,an elected special district officer in a special district with ad valorem taxing authority, or a person serving as a secretary, an executive director, or other agency head of a department of the executive branch of state government. (2) A public officer shall not lobby for compensation on issues of policy, appropriations, or procurement before the federal government,the legislature, any state government body or agency, or any political subdivision of this state, during his or her term of office. (3) A public officer shall not lobby for compensation on issues of policy, appropriations, or procurement for a period of six years after vacation of public position,as follows: a. A statewide elected officer or member of the legislature shall not lobby the legislature or any state government body or agency. b. A person serving as a secretary, an executive director, or other agency head of a department of the executive branch of state government shall not lobby the legislature,the governor,the executive office of the governor,members of the cabinet,a department that is headed by a member of the cabinet,or his or her former department. c. A county commissioner, a county officer pursuant to Article VIII or county charter, a school board member, a superintendent of schools, an elected municipal officer, or an elected special district officer in a special district with ad valorem taxing authority shall not lobby his or her former agency or governing body. (4)This subsection shall not be construed to prohibit a public officer from carrying out the duties of his or her public office. (5) The legislature may enact legislation to implement this subsection, including, but not limited to, defining terms and providing penalties for violations.Any such law shall not contain provisions on any other subject. (g) There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualifications commission. (h)(1) A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law. <Subsection(h)(2)added effective December 31,2020(see Const.Art.XII, § 38).> VVESTLAW Thornson Reuters. No claim original U.S. Government Works. Page 1198 of 1207 . Ethics in government, FL CONST Art. 2§ (2)A public officer or public employee shall not abuse his or her public position in order to obtain a disproportionate benefit for himself or herself; his or her spouse, children, or employer; or for any business with which he or she contracts; in which he or she is an officer, a partner, a director, or a proprietor; or in which he or she owns an interest. The Florida Commission on Ethics shall, by rule in accordance with statutory procedures governing administrative rulemaking, define the term "disproportionate benefit" and prescribe the requisite intent for finding a violation of this prohibition for purposes of enforcing this paragraph.Appropriate penalties shall be prescribed by law. (i)This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests. 6)Schedule--On the effective date of this amendment and until changed by law: (1)Full and public disclosure of financial interests shall mean filing with the custodian of state records by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of$1,000 and its value together with one of the following: a.A copy of the person's most recent federal income tax return;or b.A sworn statement which identifies each separate source and amount of income which exceeds$1,000.The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection(g),and such rules shall include disclosure of secondary sources of income. (2)Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to paragraph(1). (3)The independent commission provided for in subsection(g)shall mean the Florida Commission on Ethics. Credits Added,general election,Nov.2, 1976.Amended,general election,Nov, 3, 1998;general election,Nov.6,2018. West's F. S.A. Const.Art.2 § 8,FL CONST Art.2 § 8 Current through November 6,2018,General Election End of Document CD 2019 Thomson Reuters.No clahn to original U.S.Government Works. WESTLAW @ 2019 Thomson Reuters. No clairn to original U.S. Government Works, Page 1199 of 1207 8. Ethics in government, FL CONST Art.2 No c l irn to original U.S. Government Works. 4 Page 1200 of 1207 12.F. LEGAL 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Approve negotiated settlement in the amount$50,000.00 in the case of Leif Broberg v City of Boynton Beach. EXPLANATION OF REQUEST: Plaintiff Counsel: Adrian Alvarez Defense Counsel for the City: Lyman Reynolds Background: This lawsuit was filed by a former police officer alleging a claim under the Florida Statute, Section 112.3187, the Florida Public Whistleblower Act. The Plaintiff asserts damages in the form of back pay, lost wages, lost benefits and attorney fees. Insurance, Legal Defense, and Mediation: The City has an excess liability insurance policy that covers eligible expenses above the self-insured retention (SIR) of$200,000. The Court required that this case go to mediation prior to trial, and because expenses beyond $200,000 are covered by the excess insurance carrier's money, the insurance carrier's representative has the authority to settle this case. A negotiated a settlement in the amount of$50,000 was reached at mediation subject to approval by the Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City does not admit liability in this matter by accepting the settlement. FISCAL IMPACT: Budgeted If the Commission approves the settlement, the City will need to process the $50,000 settlement payment and will then be reimbursed by the insurance carrier. ALTERNATIVES: Reject the settlement, which would result in the City being responsible for all costs greater then the amount of the proposed settlement from the date of mediation through the conclusion of the trial including defense costs, any possible judgment, plaintiff's attorney fees (if the plaintiff prevails) and possible appeal costs. This case is currently set on the Court's Trial docket starting April 1, 2019. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 1201 of 1207 Is this a grant? No Grant Amount: Page 1202 of 1207 13.A. FUTURE AGENDA ITEMS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Department to give brief presentation of their operations Police- March 2019 Fire- May 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 1203 of 1207 13.B. FUTURE AGENDA ITEMS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Commission wants to discuss public safety as it relates to the Town Square Redevelopment- June 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 1204 of 1207 13.C. FUTURE AGENDA ITEMS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 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- March 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 1205 of 1207 13.D. FUTURE AGENDA ITEMS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: The Mayor has requested to discuss possibility of putting together a Veteran's Task Force to assist with veteran events- February 19, 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 1206 of 1207 13.E. FUTURE AGENDA ITEMS 2/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/5/2019 REQUESTED ACTION BY COMMISSION: Discuss and approve the 2019 Legislative Priority Agenda for the City - February 19, 2019. 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 1207 of 1207