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Agenda 05-21-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, May 21 , 2019, 6:30 PM Intracoastal Clubhouse Park 2240 N. Federal Highway Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (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 E] www.boynton-beach.org Pagel of 1106 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 your name for the record 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 1106 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Rev. Jack Copas, Boynton Beach Congregational United Church Pledge of Allegiance to the Flag led by Commissioner Christina L. 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. Our city lobbyist, Mat Forrest will present a post legislative update from the 2019 Legislative Session. B. Presentation of the City's Comprehensive Annual Financial Report for FY 2018 by Scott Porter, Partner of Caler, Donten, Levine, Cohen, Porter &Veil. C. Proclaim June as Immigrant Heritage Month D. Proclaim the week of May 18-24 as National Safe Boating Week. E. Presentation of the 20th annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. F. Announce Disaster Preparedness Tax Holiday from 5/31/19- 6/6/19. G. Fire Department to give brief presentation of their operations. H. Chief Joseph to announce a partnership between the City and Palm Beach Atlantic University (PBAU) to offer a Bachelor of Science degree in Organizational Leadership. I. Budget input opportunity. Members of the public are invited to provide input to the City Commission in regards to the upcoming FY19/20 budget. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying Page 3 of 1106 material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R19-054-Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event to be held Thursday, July 4, 2019. B. PROPOSED RESOLUTION NO. R19-055- Authorize the City Manager to sign Omnia Maintenance Agreement with Thyssen-Krupp Elevator Corporation of Kennesaw, GA for annual elevator inspections and service/repairs in various City facilities utilizing the National Intergovernmental Purchasing Alliance contract R150801 for an estimated monthly amount of $1,855. National Intergovernmental Purchasing Alliance procurement process satisfies the City's competitive bid requirements. C. Approve the "Eden Ridge" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. D. Approve an increase of $40,000 to the existing purchase order for sodium chloride with Morton Salt utilizing the previously approved Palm Beach County Bid No.18-069/MB which expires August 19, 2019. This will bring the total approved expenditure to $200,000 for the year. E. Approve Task Order UT-2C-03 with CDM Smith, Inc. in the amount of $99,960.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 7, 2018 for work on a Hydraulic Analysis for the Downtown Stormwater System. F. Accept update on redlight camera program. G. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19. H. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the six(6) month period ended March 31, 2019. I. Accept the written report to the Commission for purchases over $10,000 for the month of April 2019. J. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for May 21, 2019- "Request for Extensions and/or Piggybacks." K. Approve the minutes from City Commission meeting held on May 7, 2019. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-056 - Authorize the City Manager to sign a contract utilizing the Palm Beach County Contract# 2017055 with Wynn & Sons Environmental Construction CO. Inc. for the resurfacing and installation of cart pathways at the Golf course with an estimated annual expenditure of $177,720.50 plus a 10% contingency of $17,772 for unforeseen conditions for a estimated total expenditure of $195,492.50. The Palm Beach County procurement process satisfies the City's competitive bid requirements. B. PROPOSED RESOLUTION NO. R19-057- Approve and authorize the City Manager to sign an Agreement with the Haskell Company in the amount of $140,000 for programming, architectural, engineering, pre-construction services and development of a Guaranteed Maximum Price (GMP) proposal for the proposed Utility Water Quality Laboratory project to be located adjacent to the Fire Rescue Station#2, Boynton Beach, Florida. C. Approve Task Order UT-413-01 with CDM Smith, Inc. in the amount of $153,520 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 Lift Station No. 317 Force Main By-Pass project. D. Approve Task Order UT-1113-02 with Carollo Engineers in the amount of $198,810 in accordance Page 4 of 1106 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 Congress Avenue Force Main Isolation Valves project. E. Approve an increase to the estimated annual expenditure to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America by an $170,000 increasing estimated annual expenditure from$350,000 to $520,000 for the remainder of fiscal year 2019. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC (Tabled at the March 19, 2019 Commission Meeting) (Applicant requests tabling continues to May 7th meeting.)(Applicant requests tabling continues to May 21st meeting.) 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Mayor Grant has requested to discuss the Commission expense allocation stipend. Below is the current information concerning the Commission's compensation. B. Authorize Commissioner Romelus to attend Sister Cities International Conference in Houston, TX, July 17-19, 2019. 12. LEGAL A. PROPOSED ORDINANCE NO. 19-016 - SECOND READING -Approve amending Part 2 of the City of Boynton Beach Code of Ordinances, Chapter 16, Section 16-18 adding a definition of mooring and Section 16-60 Establishing hours of use at Harvey E. Oyer, Jr. Park., Item (d) to clarify non-permitted use. B. PROPOSED ORDINANCE 19-010 - SECOND READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14-13 entitled "Motorized Scooters". (Tabled to May 21, 2019) C. PROPOSED ORDINANCE NO. 19-017 - SECOND READING - Approval of Ordinance amending Section 14.3 regulating truck and other commercial use vehicle parking in residential neighborhoods. 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Development- July 2019 Library - September 2019 B. Representative Mike Caruso post-legislative update- June 4, 2019 C. Staff to give update on Building Wealth/Local Preference/Surtax programs- June 4, 2019 D. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- June 2019 Page 5 of 1106 E. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects- July 2019 F. Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, J my 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. G. Staff to present updated Social Media Policy - August 20, 2019 H. The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use - TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 1106 1.A. OPENING ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation by Rev. Jack Copas, Boynton Beach Congregational United Church Pledge of Allegiance to the Flag led by Commissioner Christina L. 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 7 of 1106 2.A. OTHER 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 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 8 of 1106 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Our city lobbyist, Mat Forrest will present a post legislative update from the 2019 Legislative Session. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Post Session Update Page 9 of 1106 PARTNERS Memorandum To: Mayor Grant Vice Mayor Katz Commissioner Romelus Commissioner McCray Commissioner Penserga Lori LaVerriere, City Manager Cc: John Durgan // From: Mat Forrest. Date: May 10, 2019 Re: Session Update It took an extra day, but the 2019 Regular Session officially ended on Saturday, May 4 at 2:03p.m. I know you were probably inundated with legislative alerts throughout Session on each bill but I always think it's important to look at the big picture and, thanks to LobbyTools, somebody else keeps track of the stats for me. So, before we dive into the specifics, here are some stats to give you a better perspective of what the Session has been like and how much actually made it across the finish line. 2019 Legislative Stats: • 3,571 Bills and PCBs filed • 2,997 Amendments filed • 3,765 Votes Taken • 40 Floor Sessions • 196 Bills passed both chambers (5.4%) • Number of bills or budget projects vetoed by the Governor: TBD So that's the "big picture" and here are the issues most relevant to the City of Boynton Beach. Appropriations 2019 again was a very competitive year for appropriation requests. There were roughly 1,630 appropriation requests filed totaling over $3.6 billion. In those totals were 2 projects for the City of Boynton Beach. We worked with the City staff and local legislators and filed the following local funding requests on behalf of the City but unfortunately, we were not able to get them included in the General Appropriations Act. HB 2221 Boynton Beach Trade Winds Estates Infrastructure Improvements • Requesting $900,000 from the State. ($0 local match) TALLAHASSEE WEST PALM REACH JACKSONVILLE MIAMI 201 East Park Avenue,5"'Floor 1400 Centre Park Boulevard,Suite 1010 4400 Marsh Landing Parkway;Suite 2 Alhambra Plaza,Skaste 102 Tallahassee,FL 32301 West Palm Beach,FL 33401 Jacksonville Beach,FL 32250 Corel Gables,FL 33134 3.59.577.0444 FAX 1350..577.0022 561.2.53.3232 944.334.2946 345.456.8479 FAX 736.542.6997 TAMPA I ORLANDO FORT LAUDERDALEWASHINGTON D.C. 1726 East 7'th Avenue,Suites l3 _ ite544 401 E.Las Olas Boulevard,`UUe 1440 60113-Street NW,Saute 200N Tampa,FL 33605 Orlando,FL 32847 Ft.Lauderdale.FL 33341 Washington,DC 20005 613.374.6007 407.803.3878 954.302.5989 242.800.5624 FAX 242.800.5623 Page 10 of 1106 Session Summary May 10, 2019 21Pag c Sponsored by Rep. Casello (D, Boynton Beach) & Sen. Berman (D, Boynton Beach) this project provides Boynton Beach with a nonrecurring sum of$900,000 to improve infrastructure in the Trade Winds Estates Neighborhood. Trade Winds Estates is an at-risk neighborhood in need of construction of a water distribution system, wastewater collection and stormwater improvements along with improvements to the Right-of-Ways. HB 2665 Mangrove Park Water Quality Improvements • Requesting: $1,050,000 Local Match: $600,000 Sponsored by Rep. Casello (D, Boynton Beach) & Sen. Berman (D, Boynton Beach) this project requests $1,050,000 to the city of Boynton Beach to fix water quality in Mangrove Park area. The funds will replace a fixed walkway within the park with a system that will allow public access and provide a platform for water circulation and aeration improvements. I think with additional time and some tweaks to the requests these projects could be successful in 2020 and I look forward to working with the staff to prepare the applications. Legislative Tracking Report: Below are very brief summaries of the "notable" legislation that passed and failed. As always, this is not intended to be a legal opinion and I highly recommend that you have your appropriate staff review any bill of interest to you that passed so that you can determine exactly how it could impact the City. Broad Preemption Bills (Died) There was no shortage of bills filed this Session dealing with some sort of local government preemption. Some were single subject, such as plastic straws, but there were a couple that were more broad, omnibus bills that preempted several areas. While some narrowly focused preemptions did pass, I'm happy to say none of the omnibus bills made it across the finish line. HB3 by M. Grant (R, Port Charlotte) generated a lot of heated debate regarding the powers given to municipalities, often comparing restriction of municipality power to restriction of state powers. This bill originally prohibited local governments from imposing any regulations on businesses or business entities after July 1, 2019. By the end though it was narrowed down to just preempt business licensing to the state. It passed the House in this form but didn't move in the Senate. HB 1299 relating to Government Powers by Rep. Roach, (R, North Fort Myer)was a broad bill that included preemptions for local governments to levy taxes on nicotine products, market nicotine products, regulate single use straws, sunscreen, generators, and to approve a district school board impact fee. It moved well in the House, mostly along party line votes, and passed the House by a vote of 71 to 40. It was never heard in the Senate. Vacation Rentals (Died) The Vacation Rental debate continued this Session but in the end nothing changed. While six vacation rental related bills were filed, only two gained traction and from that only the House bill Page 11 of 1106 Session Summary May 10, 2019 31Pag c was ever heard in Committee. SB824 by Diaz (R, Hialeah Gardens) and HB987 by J. Grant(R, Tampa)were nearly identical bills and swung the pendulum towards the Vacation Rental industry and away from local government regulation. After much debate in each committee the House bill did make it to the Floor but was never heard. The Senate bill was placed on an agenda twice but never heard in committee, which is usually a good sign that the votes weren't there to pass. I think you can definitely plan on seeing this issue again in the 2020 Session. CRA's (Passed) Legislation regarding Community Redevelopment Agencies (CRA's) has been a controversial issue for the past couple years. This Session one bill did pass which may impact cities but the version that eventually passed changed significantly from when it was filed in both Chambers and reports are its changes are not as dramatic as feared. HB 9 by Rep. LaMarca(R, Lighthouse Point) & Sen. Lee (R, Brandon) does the following: • Establishes new ethics and appointment procedures for CRA board members • Provides new dates and procedures for the termination of a CRA. • Requires procurement rules similar to the municipality As passed, the bill does not change what uses a CRA may allocate funds for such as special events. If approved by the Governor, this bill is effective on October 1, 2019. Vegetable Gardens (Passed) SB 82 by Sen. Bradley (R, Orange Park) and Rep. Fetterhoff(R, DeLand) and Rep. Sabatini (R, Clermont) eliminates the powers of municipal governments to govern what kinds of vegetables and gardens may be planted on a residential property. It's a short bill and it states: 604 . 71 Local regulation of vegetable gardens .- 1) The Legislature intends to encourage the development of sustainable cultivation of vegetables and fruits at all levels of production, including for personal consumption, as an important interest of the state . 2) Except as otherwise provided by law, a county, municipality, or other political subdivision of this state may not regulate vegetable gardens on residential properties . Any such local ordinance or regulation regulating vegetable gardens on residential properties is void and unenforceable . (3) This section does not preclude the adoption of a local ordinance or regulation of a general nature that does not specifically regulate vegetable gardens, including, but not limited to, regulations and ordinances relating to water use during drought conditions, fertilizer use, or control of invasive species . Page 12 of 1106 Session Summary May 10, 2019 4 1 P a g c (4) As used in this section, the term "vegetable garden" means a plot of ground where herbs, fruits, flowers, or vegetables are cultivated for human ingestion. If approved by the Governor, this will be effective July 1, 2019. Plastic Straw Preemption (Passed) Plastic straws were a heavily debated and passionate topic during the 2019 Session. There were several general bills filed on both sides of the issue. In the end language was passed that implements a 5-year moratorium on local government preemptions. HB 771 relating to Environmental Regulation by Rep. Overdorf(R, Stuart) and Sen. Perry (R, Gainesville)was amended as it bounced back and forth in the final days and language was added to it which places a 5-year moratorium on plastic straw bans. Section 3 . Section 403 . 7034, Florida Statutes, is created 577 to read: 403 . 7034 Local regulation of single-use plastic straws; moratorium. — (1) Before July 1, 2024, a county, a municipality, or another entity of local government may not adopt or enforce an ordinance or other local regulation relating to single-use plastic straws . The moratorium on local regulation and enforcement under this section expires July 1, 2024 . (2) The Office of Program Policy Analysis and Government Accountability shall conduct a study of each ordinance or regulation adopted by the governing body of a county, municipality, or special district in Florida to restrict or prohibit the use of single-use plastic straws . The study' s scope must include, but is not limited to, gathering information pertaining to the data and conclusions on which the county, municipality, or special district used in adopting such ordinance or regulation. The Office of Program Policy Analysis and Government Accountability shall submit a report of its findings to the President of the Senate and the Speaker of the House of Representatives no later than December 1, 2019 . I will defer to your legal counsel but based on the Floor debate, and amendments that failed to grandfather in existing local ordinances, I understand the legislation does preempt all existing plastic straw bans currently in place. If approved by the Governor, this will be effective on July 1, 2019. Scooters (Passed) This legislation addresses the growing use of motorized scooters in urban areas. HB 453 relating to Micromobility Devices and Motorized Scooters by Rep. Toledo (R, Tampa) and Sen. Brandes (R, St. Petersburg)is not a preemption but instead provides the parameters for how local governments can regulate and license the operators if they want. Page 13 of 1106 Session Summary May 10, 2019 5 1 P a g c The legislation clearly states: "However, this section may not be construed to prevent a local government, through the exercise of its powers under s . 316 . 008, from adopting an ordinance governing the operation of micromobility devices and motorized scooters on streets, highways, sidewalks, and sidewalk areas under the local government ' s jurisdiction. " It unanimously passed the House and had only 1 dissenting vote in the Senate. If approved by the Governor, it's effective immediately. Tree Trimming (Passed) HB 1159 relating to Private Property Rights by Rep. LaRosa(R, Saint Cloud) and Sen. Albritton (R, Wauchula)is a bill with a broad title but narrow contents. The six-page bill basically contains a preemption of local regulation of tree trimming in specific situations. It states: (1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. If approved by the Governor, it is effective on July 1, 2019. Permit Fees (Passed) SB 142 by Sen. Perry (R, Gainesville) and HB 127 by Rep. Williamson (R, Pace)relating to Permit Fees are similar bills that address the posting and changing of permit fees in a local government. Similar bills were heard last year, and never passed. These newer bills are slightly less specific, removing language requiring the local government to post a link to permit and inspection fee schedules, and removing a subsection requiring costs related to fire inspections. The bill states: (c) The governing body of a local government authorized under this section, s . 166 . 222, or s . 553 . 80 to issue fees shall post its permit and inspection fee schedules on its website . The bills also require a local government, before making any adjustments to a fee schedule, to conduct and post a report that includes: 1 . Direct and indirect costs incurred by the local government to implement the Florida Building Code, including costs related to : a. The review of building plans b. Building inspections c. Building reinspections d. Building permit processing e . Building code enforcement Page 14 of 1106 Session Summary May 10, 2019 6 a c 2 . Number of building permits requested 3 . Number of building permits issued 4 . Number of building inspections and reinspections conducted 5 . Number of personnel employed by the local government to implement the Florida Building Code, issue building permits, and conduct inspections . 6 . Salary and related employee benefit costs incurred by the local government to implement the Florida Building Code, issue building permits, and conduct inspections . 7 . Revenue derived from fees pursuant to paragraph (a) 8 . Revenue derived from fines pursuant to paragraph (a) 9 . When applicable, investment earnings derived from the local government ' s investment of revenue derived from fees and fines pursuant to s . 112 533 . 80 (7) 10 . Balances carried forward by the local government pursuant to s . 553 . 80 (7) 11 . Balances refunded by the local government pursuant to s . 553 . 80 (7) If approved by the Governor, the bill is effective July 1, 2019 Tax Implementation (Passed) Legislation relating to referendums on local discretionary sales surtaxes have been around for a few years and this year it finally passed. HB5 relating to Ballot Measures by Brandes (R, St. Petersburg) and DiCeglie(R, Largo)requires a referenda to authorize discretionary sales surtax be held on a General Election Date. If approved by the Governor, it's effective immediately. Growth Management (Passed) As usual, there were several growth management bills filed this Session. Most didn't pass but one did that many feel will have a significant impact on local Governments. HB 7103 by Rep. Fischer (R, Jacksonville) and Sen. Lee, (R, Brandon) is a 43-page bill that covers several areas and I'm sure your staff are already aware of its contents. This is one of those bills that a paragraph or two are not enough to summarize it completely so please have your staff look at the complete bill. In short, the bill does the following: • Prohibits local governments from imposing certain requirements relating to affordable housing • Provides minimum requirements for adopting impact fees • Requires local government to credit against collection of impact fees contributions related to public education facilities; • Requires local government to increase impact or mobility fee credits previously awarded • Specifies the use of a summary procedure in development order cases • Revises timeframe an owner or contractor must notify building officials of use of a private provider Page 15 of 1106 Session Summary May 10, 2019 7 1 P a g c • Revises the timeframe for approval or denial of permit applications; • Authorizes a contractor to petition the court to enforce building code inspection service laws • Limits the number of times a building official may audit a private provider. If approved by the Governor, this bill is effective Date: July 1, 2019 Communication Services (aka 5G) (Passed) This legislation was billed as the next step in the implementation of"5G" by the internet, cable, and telecommunication industries and it builds on legislation that passed a couple years ago. According to the Senate Staff analysis, SB 1000 by Sen. Hutson (R, Palm Coast) and Rep. Fischer(R, Jacksonville) makes the following changes: • Creating a civil cause of action for any person aggrieved by a violation of the right-of- way statute. • Prohibiting a local government from instituting, "either expressly or de facto, a moratorium or other mechanism that would prohibit or delay" permits for collocation of small wireless facilities or related poles. • Deleting the authority for a local government to require performance bonds and security funds. Instead, the bill allows them to require a construction bond limited to no more than 18 months after the construction is completed. • Requiring a local government to accept a letter of credit or similar instrument issued by any financial institution authorized to do business within the U.S. • Allowing a provider of communications services to add a local government to any existing bond, insurance policy, or other financial instrument, and requiring the local government to accept such coverage. • Providing that a wireless provider shall comply with objective and reasonable requirements if the local government has required all public utility lines in the right-of- way to be placed underground, with certain exceptions. • Prohibiting a local government from requiring a permit applicant to provide inventories, maps, or locations of communication facilities in the rights-of-way, unless it is necessary to avoid interference with existing facilities. • Allowing a local government to require, annually, a notarized statement from a pass- through provider identifying information on the provider's pass-through facilities. • Providing additional requirements pertaining to a local government's permit registration and application process for communications services providers' use of public rights-of- way. It also restricts municipal regulation of communications service providers and implementation of permit fees. Specifically, 337 . 401 Use of right-of-way for utilities subject to regulation; permit; fees .— (c) A municipality or county that elected to impose permit fees on or before January 1, 2019, on providers of communications services pursuant to former paragraphs (c) or (j ) of this Page 16 of 1106 Session Summary May 10, 2019 81Pag c subsection, Florida Statutes 2018, may continue to impose such fees . However, a municipality or county that did not impose permit fees as of January 1, 2019, may not impose such fees . If approved by the Governor, this bill is effective July 1, 2019. Public Construction (Died) Currently, local governments may withhold a certain percentage of compensation known as "retainage" from the general contractor to ensure the project is completed satisfactorily. SB 246 by Senator Hooper (R, Palm Harbor) and HB 101 by Representative Andrade(R, Pensacola) and co-sponsored by Representatives McClure(R, Plant City) and Sabatini (R, Clermont) sought to reduce the percentage a local government may withhold from progress payments. The House bill passed by a vote of 104 to 10. The Senate bill, despite unanimously passing it's first 2 committees, failed to be heard in its final committee. Firefighter Bill (Passed) Legislation relating to cancer coverage for firefighters has been around for several years. This year, as a result of heavy advocacy by firefighters at the Capitol and related media attention, it finally passed. SB 426 by Sen. Flores (R, Miami) & Rep. Willhite (D, Wellington) and many other co-Sponsors in both the House & Senate,passed unanimously in both chambers and was signed by the Governor on May 2. The bill provides compensation and benefits for firefighters who have been diagnosed with cancer and death benefits to a firefighter's beneficiary for firefighters who have passed away from cancer. Please review the legislation to know exactly how it might impact you. Red Light Camera Repeal (Died) Legislation to repeal red light cameras was filed in both Chambers again this year and, much like previous years, moved in the House but not the Senate. SB 306 by Sen. Brandes (R, St. Petersburg) and HB 6003 by Rep. Sabatini (R, Clermont) preempted the Florida Department of Highway Safety and Motor Vehicles, counties and municipalities from installing and maintaining red light cameras effective July 1, 2022. The Senate bill was withdrawn, and the House bill passed two of three committees before never being heard again. Charter School Zoning Expansion (Died) HB 7095 was related to School Choice but it contained the following language that would have expanded locations where charter schools could have expanded without local zoning control. (c) Any facility, or portion thereof, used to house a charter school whose charter has been approved by the sponsor and the governing board, pursuant to subsection (7) , shall be exempt from ad valorem taxes pursuant to s . 196 . 1983 . Library, community service organization, museum, performing arts, theatre, cinema, church, house of worship, temple, Florida College System institution, college, and university facilities Page 17 of 1106 Session Summary May 10, 2019 91Pag C may provide space or land to charter schools within their facilities, land on which facilities are located, or adjacent properties under their preexisting zoning and land use designations without obtaining a special exception, rezoning, or a land use change . What's Next? The 202o Regular Session dates are"early" and convene on Tuesday,January 14, 202o and conclude on March 13, 2020. I took a quick look at the calendar and, if my math is correct,we are 5 days past the end of the 2019 Session but only 25o days before the official start of the 2020 Session. And that doesn't even count the Committee weeks that will likely take place in September, October,November, &December. It should also be noted,that unlike the start of the 2019 Session,when the legislators return to Tallahassee this Fall,their offices,their Committees, and their roles are unlikely to change. So not only will it start soon,but you can bet legislation will also move quicker than it did for this Session. I look forward to working closely with you and the entire staff over the summer on your legislative goals for 2020! Page 18 of 1106 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Presentation of the City's Comprehensive Annual Financial Report for FY 2018 by Scott Porter, Partner of Caler, Donten, Levine, Cohen, Porter & Veil. EXPLANATION OF REQUEST: The City's a)dernal auditing firm Caler, Donten, Levine, Cohen, Porter & Veil, P.A. have completed the City's Comprehensive Annual Financial Report, Compliance Reports and Management Letter for the Fiscal Year ended September 30, 2018. Attached to this agenda are the final financial statements and reports. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment CAFR D Attachment Governance Report Page 19 of 1106 Comprehensive Annual F om 10 inmicialReport I it a r, it I 1 i 7 TT- Amedca's to the Galyweam CITY OF BOYNTON 9 FLORIDA FOR FISCAL YEAR ENDED SEPTEMBER 30, 2018 Page 20 of 1106 CITY OF BOYNTON FLORIDA BEACH, COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2018 Vision Our vision is to be a WELCOMINGand PROGRESSIVE COASTAL COMMUNITY that CELEBRATES CULTURE,INNOVATION and BUSINESS DEVELOPMENT. Mission Statement The City of Boynton Beach is a VIBRANT and SUSTAINABLE COMMUNITY that PROVIDES EXCEPTIONAL SERVICES Core Beliefs We,the management team of the Boynton Beach City Government,commit to: PERSONAL INTEGRITY AND HONESTY, PRODUCTIVITY, TEAMWOW SPECT, and SERVING OTHERS. The Commission i iv Redevelop Downtown Building Wealth int the Community Boynton Beach ran Transportation and Mobility ServicesPrepared by Department of Financial Mara Frederikson Director of Financial Services Page 21 of 1106 h p xl _- A 4 . Page 22 of 1106 Table of Contents I—I NTRODUCFORY SECTION TransmittalLetter............................................................................................................................................................I-1 Electedand Appointed Officials.......................................................................................................................................1-5 OrganizationalChart........................................................................................................................................................1-6 Mapof the City of Boynton Beach...................................................................................................................................1-7 II—FINANCIAL SECTION IndependentAuditor's Report.........................................................................................................................................11-1 Management's Discussion and Analysis..........................................................................................................................11-4 BASIC FINANCIAL STATEMENTS Government-wide Financial Statements Statementof Net Position........................................................................................................................................11-14 Statement of Activities............................................................................................................................................. 11-15 Fund Financial Statements Governmental Funds: BalanceSheet........................................................................................................................................................11-17 Reconciliation of the Fund Balance of Governmental Funds to the Statementof Net Position of Governmental Activities.....................................................................................11-18 Statement of Revenues,Expenditures,and Changes in Fund Balance.................................................................i1-19 Reconciliation of the Statement of Revenues,Expenditures,and Changes in Fund Balance of Governmental Funds to the Statementof Activities of Governmental Activities..........................................................................................11-2Q General Fund Statement of Revenues,Expenditures,and Changesin Fund Balance—Budget and Actual..................................................................................................11-21 Boynton Beach CRA Special Revenue Fund Statement of Revenues,. Expenditures,and Changes in Fund Balance—Budget and Actual....................................................................11-23 Pro rieta funds: Statementof Net Position.....................................................................................................................................11-24 Reconciliation of the Total Enterprise Funds to the Government-wide Statements of Business Type Activities...............................................................................11-26 Statement of Revenues,Expenses,and Changes in Net Position.........................................................................II-27 Statementof Cash Flows.......................................................................................................................................11-28 Fiduciary Funds(Pension Trust Funds): Statementof Fiduciary Net Position.....................................................................................................................II-30 Statementof Changes in Fiduciary Net Position...................................................................................................11-31 Notesto the Financial Statements..............................................................................................................................11-32 Required Supplementary Information Pension Information: Schedules of Changes in the Net Pension Liability and Related Ratios.................................................................11-78 Schedulesof City Contributions............................................................................................................................11-81 Notesto Schedules of City Contributions.............................................................................................................11-82 Schedulesof Investment Returns..........................................................................................................................11-83 Other Postern to ment Benefits Information: Schedule of Changes in Total OPER Liability and Related Ratios ........................................................................11-84 Page 23 of 1106 Table of Contents(Continued) (Continued) COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS Major Governmental Funds Descriptions..............................................................................................................................................................U-85 BalanceSheets_.......................................................................................................................................................y1-86 Statementsof Revenues,Expenditures,and Changes|nFund Balance................................................................... |+07 General Fund Balance Sheet IM Statementof Revenues,Expenditures,and Changes|nFund Balance..............................................................11-89 Bgynton Beach CRA S12ecial Revenue Fund BalanceSheet....................................................................................................................................................1|-90 Statement of Revenues,Expenditures,and Changes(nFund Balance.............................................................. |-91 Major Enterprise Funds Descriptions..............................................................................................................................................................11-92 StatementsmfNet Position....................................................................................................................................... |-93 Statements ofRevenues,Expenses,and Changes|nNet Position........................................................................... 1-Q4 StatementsufCash Flows.........................................................................................................................................U-95 Water&Sewer Fund StatementmfNet Position.................................................................................................................................U-96 Statement mJRevenues,Expenses,and Changes|nNet Position......................................................................|1-97 StatementmJCash Flows...................................................................................................................................11-98 Slailiflan Fund Statementof Net Position.................................................................................................................................U1-99 Statement of Revenues,Expenses,and Changes|nNet Position......................................................................|1-100 StatementoYCash Flows...................................................................................................................................A1-101 Non-Major Governmental Funds Descriptions..............................................................................................................................................................U-102 CombiningBalance Sheet.........................................................................................................................................|1-208 Combining Statement mfRevenues,Expenditures,and Changes inFund Balance........ .........................................r1-%07 Grantsfund BalanceSheet--..._'—_'_----.~.------._—_—.~.^----_---....—__-11-111 Statement of Revenues,Expenditures,and Changes inFund Balance.............................................................. |-112 FEMA Hurricane Fund BalanceSheet....................................................................................................................................................|1-113 Statement cfRevenues,Expenditures,and Changes|nFund Ba|mnce.—.-........--------........—.J1-114 SHIP Grant Fun BalanceSheet....................................................................................................................................................|1-115 Statement ufRevenues,Expenditures,and Changes|nFund Balance..............................................................|1-1%G CDBG Grant Fund BalanceSheet....................................................................................................................................................Q-117 Statement*fRevenues,Expenditures,and Changes/nFund Balance.............................................................. |-118 Traffic Safety Fund BalanceSheet....................................................................................................................................................|1-l19 Statement ofRevenues,Expenditures,and Changes|nFund Balance.............................................................. 1-120 Page 24 Of 1 106 U Table s(Continued) II—FINANCIAL SECTION(Continued) COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS(Continued): Non-Major Governmental Funds(Continued) Local Option Gas Tax Fund BalanceSheet....................................................................................................................................................11-121 Statementof Revenues,Expenditures,and Changes in Fund Balance..............................................................11-122 Statement of Revenues,Expenditures,and Changes in Fund Balance—Budget and Actual............................11-123 Community Improvements Fund BalanceSheet....................................................................................................................................................11-124 Statement of Revenues,Expenditures,and Changes in Fund Balance..............................................................11-125 Statement of Revenues,Expenditures,and Changes in Fund Balance--Budget and Actual............................11-126 Green Building Fund BalanceSheet....................................................................................................................................................11-127 Statement of Revenues,Expenditures,and Changes in Fund Balance..............................................................11-128 Public Art Fund BalanceSheet....................................................................................................................................................11-129 Statementof Revenues,Expenditures,and Changes in Fund Balance..............................................................11-130 Statement of Revenues,Expenditures,and Changes in Fund Balance—Budget and Actual............................11-131 Recreation Program Fund BalanceSheet....................................................................................................................................................11-132 Statement of Revenues,Expenditures,and Changes in Fund Balance..............................................................11-133 Statement of Revenues,Expenditures,and Changes in Fund Balance—Budget and Actual............................11-134 Boynton Beach Memorial Park Fund BalanceSheet....................................................................................................................................................I1-135 Statement of Revenues,Expenditures,and Changes in Fund Balance..............................................................11-136 Statement of Revenues,Expenditures,and Changes in Fund Balance—Budget and Actual............................11-137 Community Services Fund BalanceSheet....................................................................................................................................................11-138 Statement of Revenues,Expenditures,and Changes in Fund Balance..............................................................11-139 Public Service Tax Debt Service Fund BalanceSheet....................................................................................................................................................11-140 Statement of Revenues,Expenditures,and Changes in Fund Balance..............................................................11-141 Statement of Revenues,Expenditures,and Changes in Fund Balance—Budget and Actual............................11-142 Boynton Beach CRA Debt Service Fund BalanceSheet....................................................................................................................................................11-143 Statementof Revenues,Expenditures,and Changes in Fund Balance..............................................................11-144 General Ca ital Im rovements Fund BalanceSheet....................................................................................................................................................11-145 Statementof Revenues,Expenditures,and Changes in Fund Balance..............................................................11-146 Statement of Revenues,Expenditures,and Changes in Fund Balance—Budget and Actual............................11-147 Parks&Recreational Facilities Fund BalanceSheet....................................................................................................................................................11-148 Statementof Revenues,Expenditures,and Changes in Fund Balance..............................................................11-149 Boynton Beach CRA Bond Projects Fund BalanceSheet....................................................................................................................................................11-150 Statement of Revenues,Expenditures,and Changes in Fund Balance,.................................. ..........................11-151 Page 25 of 1106 Table of Contents(Continued) (Continued) COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS(Continued): Non-Major Governmental Funds(Continued) Local Government Surtax Imanwement Fund BalanceSheet....................................................................................................................................................U-152 Statement of Revenues,Expenditures,and Changes inFund Balance..............................................................1-I53 Non-Major Enterprise Fund Deschption-------.—..----.--------...--.---.---.-------.--....-----.—.--.J1-154 Golf Course Fund Statementof Net Position.................................................................................................................................|1-155 Statement of Revenues,Expenses,and Changes|nNet Position......................................................................U-156 StatementufCash Flows..................................................................................................................................M-157 Internal Service Funds Descriptions..............................................................................................................................................................N-158 CombiningStatement of Net Position.....................................................................................................................|1-159 Combining Statement mfRevenues,Expenses,and Changes inNet Position..........................................................|1-160 CombiningStatement of Cash Flows........................................................................................................................11-161 Vehicle Service Fund StatementpfNet Position.................................................................................................................................|1-162 Statement ofRevenues,Expenses,and Changes|nNet Position......................................................................|1-163 StatementofCash Flows...................................................................................................................................y1-I64 Warehouse F"n Statementof Net Position................................................................................................................................|1-165 Statement of Revenues,Expenses,and Changes|nNet Position......................................................................11-166 StatementmfCash Flows...................................................................................................................................|1-167 Self Insurance Fund StatementofNet Position.................................................................................................................................11-208 Statement pfRevenues,Expenses,and Changes|nNet Position......................................................................i1-l69 StatementofCash Flows...................................................................................................................................1-17O Pension Trust Funds Descriptions..............................................................................................................................................................|1-171 Combining Statement rfFiduciary Net Position.......................................................................................................|1-173 Combining Statement ufChanges/nFiduciary Net Position....................................................................................V1-%73 General Employees'Pension Fund StatementofFiduciary Net Position..................................................................................................................|1-174 Statement of Changes|mFiduciary Net Position...............................................................................................|1-17S Police Officers'PenaIgn FUpd Statement mfFiduciary Net Position....................................................................................... ..........................|1-%J6 Statement mfChanges|nFiduciary Net Position............................................................................................... 1-177 Firefighters'Pension Fund StatementufFiduciary Net Position.................................................................................................................. 1-178 StatementofChanges inFiduciary Net Position...............................................................................................|1-179 Table of Contents(Continued) III—STATISTICAL SECTION Tableof Contents and Descriptions................................................................................................................................111-1 Financial Trends Government-wide Net Position by Component...........................................................................................................111-2 Government-wide Changes in Net Position.................................................................................................................111-4 GovernmentalActivities Tax Revenues by Source.......................................................................................................III-8 Fund Balance of Governmental Funds.........................................................................................................................111-9 Changesin Fund Balance of Governmental Funds.......................................................................................................III-11 Revenue Capacity Assessed Value and Estimated Actual Value of Taxable Property...............................................................................Iii-13 PropertyTax Rates—Direct and Overlapping Governments........................................................................................111-15 TenPrincipal Property Taxpayers.................................................................................................................................111-16 Property Tax Levies and Collections.............................................................................................................................111-17 Debt Capacity Ratiosof Outstanding Debt by Type............................................................................................................................111-18 Ratiosof General Bonded Debt Outstanding...............................................................................................................III-19 Direct and Overlapping Governmental Activities Debt................................................................................................III-20 LegalDebt Margin Information....................................................................................................................................111-21 PledgedRevenue Coverage—Water&Sewer Bonds...................................................................................................111-22 Pledged Revenue Coverage—Public Service Tax Bonds...............................................................................................Ili-23 Demographics and Economic Information Demographic and Economic Statistics.........................................................................................................................111-24 PrincipalEmployers......................................................................................................................................................Ili-25 Operating Information Full Time Equivalent City Government Employees by Function..................................................................................III-26 OperatingIndicators by Function/Program .................................................................................................................Ili-27 CapitalAsset Statistics by Function/Program........................ .....................................................................................111-29 I —COMPLIANCE SECTION Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Stondards.............................................................IV-1 Management Letter Required by the Rules of the AuditorGeneral for the State of Florida.......................................................................................................................IV-3 CityResponse to Management Letter.............................................................................................................................IV-6 Independent Accountant's Report on Investment Compliance Required by the Rules of the Auditor General for the State of Florida............................................................................................IV-7 r Page 27 of 1106 i ��iW alit u�. n i 1 j na yf Page 28 of 1106 Page 29 of 1106 The Cify of Boynton Beach,Florida 3309 un d. Suite 901�Boynt�on ,Flo 33426Tyle (569}742- 90In : . o April 26, 2019 To the Honorable Mayor, Members of the City Commission, Citizens of Boynton Beach, Florida The Financial Services Department is pleased to submit the Comprehensive Annus! Financial Report ( FR) of the City of Boynton Beach, Florida for the fiscal year ended September 30, 2018. The report fulfills the requirements set forth in Chapter 166.241 of the Florida Statutes and the Rules of the Auditor General. Chapter 10.550. In addition to meeting the legal requirements, the report continues to the City's tradition of full financial disclosure as demonstrated by the informative financial anal present s provided and the exhibits and statistical tables included herein. Management assumes full responsibility for both the completeness and the reliability of the information contained in this report, based on a framework of internal controls established for this purpose. Because the cost of internal control should not exceed the anticipated benefit, the objective is to provide reasonable, rather than absolute assurance that the financial statements are free of any material misstatements. To the best of our knowledge and belief, the data is accurate in all material respects. The City's independent auditor, Caler, Donten, Levine, Cohen, Porter & Veil, P.A., Coed Public Accountants, have issued an unmodified ("clean") opinion on the City of Boynton Beach's financial statements for the year ended September 30, 2016. The auditoes report is located at the front of the Financial Section of this reporL Management's Discussion and Analysis( ) immediately follows the independent auditor's report and provides a narrative overview and analyses of the basic financial steents. D compleme this transmittal letter and a suggest ding it to obtain an introduction the financial statements. The CAFR contains four sections to facilitate understanding by the non-financially oriented user as well s to provide all necessary information for the most sophisticated financial observer. Aft-lUntrao—d—octory Section introduces the reader to the City and summarizes the financial story told in the financial statements, schedules, notes and statistical tables. This section includes this Transmittal War, list of principal officials,the 's Organizational Chart and a map of the City. Financial Section includes the Independent Auditor's Report of their opinion on the financial statements, Management's Discussion and Analysis, and the Basic Financial Statements that include the Notes to the Financial Statements. The Basic Financial Statements provide an overview of the CIVS financial position and results of operations. The remainder of this section Supplementary Information for pensions and other 130stemployment benefits, foil ed by the Coining and Individual Fund Statements that focus on each individual fund included in the Non-Major Governmental Funds, Non- aior Enterprise Funds, Internal Service Funds, a5d Pension Trust Funds. Theatistical Section contains a number of tables and other data designedto provide historical financial trens, revenue capacity, debt capacity, demographic and economic information, and ape rat C° . ing information over a ten-year peril perspective trends provide a historion the operations of the Page 30 of 1106 The Compliance Section contains data required by the State of Florida. It includes the Independent Auditor's Report on Internal Control and Compliance, the Auditor's Management Letter and the City's response to the management letter and the Independent Auditor's Report on Investment Compliance. The role of this Comprehensive Annual Financial Report is to assist the City in making service, financial and budgetary decisions to assist in providing accountability to the City Commission, citizen's, bondholders and management by: • Comparing actual financial results with the legally adopted budget,where appropriate; • Assessing financial condition and results of operations; • Assisting in determining compliance with finance related laws, rules and regulations; and • Assisting in evaluating the efficiency and effectiveness of City operations. PROFILE OF THE CITY OF BOYNTON BEACH 4 r Boynton Beach, Florida's Gateway to the Gulfstream, is a coastal city located in 14, southern Palm Beach County. Major Nathan S. Boynton, a native of Michigan founded the City. In 1895, Major Boynton enlisted several workers from his native Michigan to � move their families to Boynton Beach. With other settlers, the early years of our city etables to supply their needs, as well as the were spent building a town, raising veg guests of the new Boynton Beach Hotel. Boynton Beach is a year-round community n ! that offers a full complement of recreational, entertainment, shopping and dining M._ opportunities. Easily accessible by road, rail, sea and air, Boynton Beach is a city of neighborhoods with much to offer residents, visitors and businesses. Boynton Beach is the county's third largest city and is a great place to live,work, play and learn. The City, incorporated in 1920, derives its governmental authority from a charter granted by the Legislature of the State of Florida. The City operates under a Commission/Manager form of government. Four Commissioners are elected by district for a three-year term. A Mayor is elected at large on a non- partisan basis for a three-year tern. The City Commission appoints the City Manager who is the Chief Administrative officer of the City and directs the business of the City and its various departments. The City Commission determines policy, adopts legislation, approves the City's budget, sets tax rates and fees and appoints the City Attorney and members of the various boards. The City of Boynton provides a full range of municipal services. The public safety program includes police, fire protection and rescue services; the City's extensive recreation program includes beaches, a pool, golf course, library, tennis courts, neighborhood parks and boat ramps; the Municipal Services Department provides essential street and highway maintenance, sanitation and other technical assistance to the City; and the Utility Services Department provides water, sewer and stormwater services. The City's Development Department administers the City's Community Development Block Grant and the Section 8 Housing Assistance Grant as well as building inspection, planning & zoning and occupational license services. The City Hall in the Mali, located in the major shopping mall on the western borders, offers citizens the opportunity to pay utility bills and to sign up for recreational programs without traveling to City Hall. k The City Commission adopts a final budget for each fiscal year no later than the beginning of that fiscal year. The annual budget serves as the basis for the City's financial planning and control. The budget is prepared and approved by fund, function and department. Department heads may transfer appropriations within a department with the approval of the Financial Services Department. Transfers between departments require �IIII approval of the City Manager, and transfers between funds require approval of the City Commission. Page 31 of 1106 IC CONDITIONS Over the last few years, Boynton Beach, like many other US cities was adversely affected by the economic downturn, but is rebounding. The population has experienced progressive h of nearly 13% since 2008, increasing our population from 66,872 in 2008 to 76,800 residents in 2018. The unemployment to is at its lowest in 10 years, dropping from a considerable 11.7% in 2009 to 3.5% in 2018. Along with population growth and decreasing unemployment, the City has continued to fund public safety programs which have all resulted in a reduction of crime by 0 since 2008. The City's residential and commercial tax base is growing and has generated a mix of development and redevelopment activities, indicating that the economic outlook r the future remains bright. The City continues to see an increase in taxable values, but has yet to return to its peak value of ,131,757,196 in 2008, although the Palm Beach County Property Appraiser is forecasting higher taxable values going forward. Having maintained a stable millage rate over the last several years and with property values on the rise,the City anticipates receiving increased revenue from taxes for years to come. The City Commission has also approved a number of projects during the last several years Itiat will continue to increase the CiVs tax base. The most significant long-term initiative was the City Commission's approval on June 1 , 2017, to move forward with Phase1 of the Town SquareProject. The Town Square project is a 16-acre16-acre economic development project located in the downtown area of Boynton Beach,just east of the 1-95 Boynton Beach Boulevard exit. The boundaries of the Town Square Project are Boynton Beach Boulevard on the north, Seacrest Boulevard on the west, Southeast Second Avenue on the south and Southeast First Street on the east. The Town Square Project includes the renovation of the City's historic High School into a cultural center, construction of residential and retail spaces, a new hotel, public spaces, parkinggarage, fire station and a new city hall.The proposed budget to complete the total project is $94.5 million, divided into phases that will be completedover several Phase 1 of the project: will cost $4.2 million and entails developing a master site plan, building plans, a financing structure n habilitation of the 60 year old Boynton Beach High School building. Phase I of the project is currently underway and the projectedcompletion date is 2021. Completion of Phase I will increase the , provide green space, and modernize and reuse the historic high school building. When complete, the Town Square Project will preserve, renovate and relocate civic infrastructure, provide long-term economic expansion of the City's t n area and lower the Citys infrastructure aintnn . In conjunction with the Town Square Project,the City continues tosee increases in development that add to the City's revenue base city-wide. The largest residential build, Cortina, included a seven-building complex with a combined 350 luxury units on the eastern side of RenaissanceCommons Boulevard, between Old Boynton Road and East Gateway Boulevard. The project will be part of the -acre Boynton Village development that is slated to bring o than 1,000 condos, apartments and single-family homes to the City. Many new restaurants opened since 2017, Including Troy's r- - ue, Burgerfl, Lucille's Bad to the Bone BBQ, Hungry ` 's ciami Restaurant, and Carvel Ice Cream. During Fiscal Year 2017-1 , the City saw growth in the commerce area as new businesses opened in the City and existing businesses expanded employmeniL A new Economic Development department was established in March of 2017 with a goal of increasing It in the community. All these projects are transforming Boynton Beach and positively affecting the City's economy. Page 32 of 1106 MAJOR CITY INITIATIVES Recent and continuing projects include the following: • Boynton Beach Town Square Project. • Continuing upgrades to our water and wastewater system. • Boynton Beach Ion Exchange Resin Plant and f=ast Water Treatment Upgrades. • Model Block in the Heart of Boynton Neighborhood. • The City was the first municipality in Palm Beach County to be recognized as an "Autism Friendly City" by Florida Atlantic University CARD(Center for Autism and Related Disabilities)_ • The City is an active participant in "Green" initiatives including adding an all-electric vehicle to its fleet and installing solar-power trees through the assistance of Florida Power and Light(FPL). ACKNOWLEDGEMENTS The preparation and issuance of this report represents countless hours of work. I would like to thank the many individuals of the Financial Services Department who are responsible for maintaining the financial records upon which this report is based. I also want to take this opportunity to thank the City Commission and senior management of Boynton Beach for the vital role you play in enabling the City to achieve and maintain this high degree of fiscal responsibility. Respectfully submitted, v r Mara Frederiksen Director of Financial Services Page 33 of 1106 Elected and Appointed City Officials September 30, 2018 Elected Officials P I Mayor District i District 2 District 3 (District 4 Steven B. Grant Commissioner Commissioner Vice-Mayor Commissioner Justin Katz Mack McCray Christina Joe Casello Romelus Appointed Lori Lae 'ere City Manager James Cherof City Attorney Tim Howard Assistant City Manager-Administrative Services Colin Groff Assistant City Manager-Public Services Judy Pylei Clerk Tenn Joseph Fire Chief Michael Gregory Police Chief Michael Rumpf Director of Development Andrew ck Director of Public Joe Paternki Director of Utilities Julie Oldbury Director of Human Resources Mara Frederiksen Director of Financial Services ............M-- ----------- Page 34 of 1106 CITY ORGANIZATIONAL CHART ----------. ..... __ m City Commission _._�..... . I .. ....... -- _.., Advisory Boards City Attorney _ _ _ City Manager I Communlcatlons Manager Special Projects Coordinator Executive Assistant to the City Manager ............. ....... ...... .,....... Assistant City Manager Assistant City Manager Human Resources a Chief of Police Fire Chief Public Services Administrative Services Risk Management Director ............... ------ Utilities Financial Services Economic Development Community Standards Development Cly Clerk Public Works and Information Technology Engineering Services Recreation and Parka Library The Links at Boynton Art in Public Places Beach Grants i Page 35 of 1106 i gra :mm,w��r Peromn �� :amuw �f i x � , City of Boynton Beach agm = . —V t � a +r m �� 1 t � � maam al _ 'lit - � � 3 � °' ��. _; , �St' {+• s Ex V ri� pr r+ �° "11)s� tls - �t s IF - i 'fir daa*"mP 0 f11�I, i Aftr ,m Page 36 of 1106 i II I A a I � 1 Page 37 of 1106 Page 38 of 1106 11111 CAL,1RD0NTEiNLEVR1EP summ CoBEN,PoRTm&Vm,PA CERTIFIED PUBLIC ACCOUNTANTS INIILL[AM K CALER,JR.,CPA 503---ZFUTI I FLAGLER DRIVE,SUITE 930 MENIBERS LAURA E.CLARK CPA SVE571 PALM BEACH,FL 334014945 AMERICAN INSTITUTE OF LOUIS M.ODHEN,CPA TELEPHONE: (561)832-9292 CERTIFIED PUBLIC ACCOUNTANTS 101-IN C.0DL1.%-,.1QrY,CPA,JD DAVID S.DONIEN,CPA FLORIDA INMIM-E OF JAMES B HUTO-R90N,CPA 850-%7%FEDERAL HIGHWAY.SUITE 121 JOEL K LEVINI,CPA STUART.FL 34"44019 CEFUnFMD PUBLIC ACCOUNTANTS JAMES F.MULLEN,TV,CPA -ELEPHONIL' (M)872-2123 %nCHAELJL'4A1-EZYrY,CPA THOMAS A.PENCE,X CPA infowdkPamm SCOTT L PORTER,CPA MARK 1).VEIL CPA Inde endent Auditor's Report To the Honorable Mayor and City Commission City of Boynton Beach,Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2018, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with U.S.generally accepted accounting principles;this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We did not audit the financial statements of the Boynton Beach Community Redevelopment Agency CCRA71), which includes the Boynton Beach CRA Special Revenue Fund, a major governmental fund, which represents 19%, 80%, and 12%, respectively, of the assets,net position, and revenues of the governmental activities of the City.We also did not audit the financial statements of the City of Boynton Beach General Employees' Pension Fund, the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, which combined with the non-major governmental funds of the CRA, collectively represent 940/6, 95%. and 71%, respectively, of the assets, fund balance/net position, and revenues/additions of the aggregate remaining fund information of the City. Those financial statements were audited by other auditors whose reports have been furnished to us, and our opinions, insofar as they relate to the amounts included for the CRA, General Employees' Pension Fund, Police Officers' Pension Fund, and Firefighters' Pension Fund, are based solely on the reports of the other auditors. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. The financial statements of the Police Officers' Pension Fund and Firefighters' Pension Fund, which were audited by other auditors, were not audited in accordance with Government Auditing Standards. ——-------- Page 39 of 1106 An audit involves performing procedures to obtain u 't evidence about the amounts and disclosures financial statements. a procedures selectedend on the auditor's judgment, i cl in a assessment o the risks of material misstatacnent of the financialstatements,whether due to flaud or error. In makin those risk assessments, i t considers internal control relevant to the 's preparation of a financial statements in i audit procedures that are appropriatein the circumstances,but not for the purpose of expressing on the effectiveness o 's internal control. Accordingly,we express no such opinion.An audit also includes ev appropriateness of accounting policies the reasonableness of significant accounting estimates made by management, as well as evaluating overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient opri to provide a basis for our audit opinions. Opinions In our opinion,based on our audit and the reports of other auditors, statements referred to above present fairly, in all materialthe respective financialposition of the govermnental activities, business-type activities,each major fund and the aggregate remaining fimd information of the City of Boynton Beach, Florida, as of September 30, 2018, and the respective changes in financialposition applicable, cash flowsthereof r the yearaccordance with U.S. generally principles and the respective budgetary comparison for the General Fund and the Boynton BeachSpecial Revenue Fund. Accounting As discussed in Note I.W. to the financial statemen% the City adopted the recognition and disclosure requirements of Governmental AccountingStandards Board Statement No. 75, Accounting and filhancial Reportingfor Postern loy ent Benefits Other Than Penswns,during the year ended September 30,2018.The respective net positionof the governmental activities,business-type proprietary s at October 1, 2017, has been restated for this change in accounting. Our opinion is not modified with respect matter. Other Matters Required Supplementary Information U.S.generally accepted accounting principles require t management's discussion and analysis on pages H4 through 11-13 and the pension information and other postemployment benefits information o -7 through ,be presented to supplement the basic financial statements.Such information,although not a part of the basic financial statements,is required by the Governmental Accounting Standards Board,who considers it to be an essential of financial reporting for placing the basic financial statements in an appropriate operational, economic,or historical contexL We and other auditors havelied certain limited c requiredthe supplementary tiin accordance with U.S.generally acceptedauditing ,which consisted of inquiries of management about the methods of preparing the information and comparing the imbrination for consistency with management's responses to our inquiri the basic financial statements,and other knowledge we obtained our audit of the basic financial statements. We do not express an opinion or Ovide any assurance on the information because the limited s do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conductedfor the purpose of forming opinions on the financialstatements collectively comprise the City of Boynton Beach Florida's, basic financial ts. The introductory section, combining individual c' statements, e statistical section listed in the table of contents presented for purposes of additional analysis and are nota required part of the basic financial statements. Page 40 of 1106 The combining and individual fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements.Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in.accordance with U.S. generally accepted auditing standards by us and other auditors. In our opinion, based on our audit, the procedures performed as described above, and the reports of the other auditors,the combining and individual fund financial statements are fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. We also have previously audited, in accordance with U.S. generally accepted auditing standards, the basic financial statements of the City of Boynton Beach,Florida, for the year ended September 30,2017, which are not presented with the accompanying financial statements. In our report dated July 31, 2018, we expressed unmodified opinions on the respective financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information. That audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Boynton Beach, Florida's basic financial statements as a whole. The 2017 individual major and nonmajor fund financial statements are presented for purposes of additional analysis and are not a required part of the 2018 basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the 2017 basic financial statements. The 2017 financial statements of the Boynton Beach Community Redevelopment Agency, General Employees' Pension Fund, Police Officers' Pension Fund, and Firefighters' Pension Fund, were audited by other auditors and that information is based solely on the reports of the other auditors. The 2017 information has been subjected to the auditing procedures applied in the audit of the 2017 basic financial statements and certain additional procedures,including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with U.S. generally accepted auditing standards by us and other auditors.In our opinion,based on our audit,the procedures performed as described above,and the reports of the other auditors,the 2017 individual major and nonmajor fund financial statements are fairly stated in all material respects in relation to the basic financial statements from which they have been derived. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards,we have also issued our report dated April 5,2019,on our consideration of the internal control over financial reporting of the City of Boynton Beach,Florida,and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance.That report is an integral part of an audit performed in accordance with Government auditing Standards in considering the City of Boynton Beach,Florida's internal control over financial reporting and compliance. r �PMr West Palm Beach,Florida April 26,2019 fi Page 41 of 1106 i( i I Page 42 of 1106 MANAGEMENT'SSUS This discussion and analysis provides a narrative overview and introduction to the City's financial position and results of operations as of and for the fiscal year ended September 30,2018 organized under the following topics: • Financial highlights(Page I14), • Discussion of the basic financial statements(Pages II-4 to II-7), • Government-wide overall financial analysis(Pages II-7 to H-10), • Discussion of major funds(Pages H-1 1), • Summary of General Fund budgetary results,(Pages II-12), • Review of capital assets and debt administration(Pages 1I-12 to II-13),and • Future budgetary outlook(Page II-13). FINANCIAL HIGHLIGHTS • The City's net position at September 30,2018 totals$182,371,472 representing a$9,388,456 increase from the net position at September 30, 2017 (including the restatement for adoption of GASB Statement No. 75). For 2018, approximately 85% of the net position is attributable to business-type activities (primarily our Water and Sewer System). For 2017, approximately 90% of the net position was attributable to our business-type activities. The City's 2018 net position is summarized as follows: o $191,6$4,106 is the net investment in capital assets, o $12,113,540 is restricted for public safety,grant programs,debt service,capital projects and other purposes, a $21,426,174 is an unrestricted net deficit. • The City's total fund balances (available financial resources) of all governmental funds at September 30, 2018 were $52,244,718 in comparison with $46,942,159 in the prior year. The 2018 fund balances of individual governmental fund types are: o $15,933,723-General Fund o $10,113,532-Special Revenue Funds(restricted,committed,assigned or unassigned for specific purposes) o $ 5,202,138-Debt Service Funds(accumulated to repay principal and interest on outstanding debt) o $20,995,325-Capital Project Funds(committed or assigned for capital improvements) • The General Fund includes $8,324,107 committed for emergencies pursuant to a City Ordinance requiring 10%of the subsequent year's General Fund expenditures be set aside for emergencies. Other than$490,897 representing nonspendable prepaid items,the remaining$7,118,719 of unassigned fund balance of the General Fund is available (a)to mitigate future revenue shortfalls and unanticipated expenditures,(b)to stabilize tax rates,and(c)to provide for working capital to minimize short-term borrowing for operations. General Fund unassigned fund balance represents approximately 8.2%of total General Fund 2018 expenditures. DISCUSSION OF THE BASIC FINANCIAL STATEMENTS The City's basic financial statements comprise three components: 1. Government-Wide Financial Statements, 2. Fund Financial Statements,and 3. Notes to the Financial Statements. Government-Wide Financial Statements - The government-wide financial statements provide readers with a broad overview of the City's finances for both its governmental activities and business-type activities. They include two financial statements: • Statement of Net Position • Statement of Activities Page 43 of 1106 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) These statements consolidate the City's governmental proprietary fimds similar to those of a private-sector business, but exclude pension held in trust for others since these funds cannot be used for the City's program. The ion funds are included in the fund financial statements since the Cityis accountable for those resources. The Statement of Net Position tta information on all of the City's assets owned and liabilities owed, the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a usefid indicator of whether the financial position of the City is improving or weakening. The Statement of c ' ' ' s presents information showing how the City's net position changed during the most recent fiscal year.The City reports all changes in net position as soon as the underlying event giving rise to the change occurs, regarXess of the timing of related cashflows. Thus, some revenues and expenses reported in this statement `1 only result in cash flows in future fiscal peri (e.g.,uncollected taxes and earned but unused vacation leave). Both of the government-wide financial statements distinguish between fimetions of the City that are either. • Governmental Activities—principally supported by taxes and intergovernmental )revenues or, • Business—7)pe Activities—intended to recover1 or a major part of their costs through user fees and charges. The governmental ivities of the Cityelude general goverriment activities, public safety, physical enviroriment, economic environment, and culture and recreational programs. The business-type activities of the City primarily include water and sewer,sanitation, onal(golf course)facilities. Both government-wide financial statements include not only the City itself, but also a legally separate entity, e Boynton Beach Community Redevelopment Agency (the "CRA!), that is a component unit for which i is financially accountable. The City reports the financial o tion for the CRA within the governmental s and activities of the City.See Note 1 of the Notese Financial Statements for additionalinformation on the CRA. The government—government-wide financialfound on pages I1-14 through 11-16 of this report. Fund Financial Statements-Afind is a groupingof related accounts1' to maintain control over resources segregated for specific activities or objectives.The City,like other slocal governments,uses fund accounting to ensure d demonstrate complianoe with finance-related legal requirements. The City groupsits funds in . • Governmental s • Proprietary s,and • Fiduciary(Pension) . Governmental Funds account for essentially the same functions reported as governmental iviti e ov t wide financial statements. ver,unlike the government-wide financialgovernment— statements, ov financialstatements foe on: • Near-term inflows outflows of spendable fi ci so . • Balances of spendable financial resources available at the end of the fiscal year. Such information y be useful in evaluating the City's near-term c` requirements. Because the focus of governmental ds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental fiods with similar information presa for governmental activities in the government-wide financial statements. doing so, readers may better understand the long-term impact of the government's near-term cing decisions. Both the governmental balance sheet and the governmental statement of revenues,expenditures,and changes in fund balances provide a reconciliation to facilitate this comparison between gorvemmentalfim&and governmental activities. Page 44 of 1106 I MANAGEMENT'SSSI ANALYSIS (Continued) The City maintains a number of individual governmental funds. Financial information is presented separately for each "major fund" of the City in a Balance Sheet and a Statement of Revenues, Expenditures, and Changes in Fund Balances.The City's major governmental funds are: • General Fund • Boynton Beach Community Redevelopment Agency(CRA)Special Revenue Fund Financial information for the remaining "non-major" funds is combined into a single, aggregated presentation. Individual fund data for each of the non-major governmental funds is provided in the form of combining statements in the Other Information section of this report. The City adopts an annual appropriated budget for certain governmental funds. A budgetary comparison statement has been provided for the General Fund, Boynton Beach CRA Special Revenue Fund and other budgeted funds to demonstrate compliance with the adopted budget. The basic governmental fund financial statements can be found on pages II-17 through 1123 of this report. Proprietary Funds include enterprise funds and internal service funds providing the same type of information as the government-wide financial statements,only in more detail. Enterprise funds account for business-type activities that charge fees to customers for the use of specific goods or services.The basis of accounting of the financial statements is similar to the basis used to prepare the government-wide financial statements.The City uses enterprise funds to account for its water,wastewater and stormwater utility system, sanitation operations,and municipal golf course. Internal service finds are an accounting device used to accumulate and allocate costs internally among the City's various functions that serve only City departments. The City uses internal service funds to account for its fleet of vehicles, its self-insurance activities, and its warehouse operations. Because these services predominantly benefit governmental rather than business-type functions, they have been included within the governmental activities in the government-wide financial statements. The proprietary fund financial statements provide separate information for the water,wastewater and stormwater utility system and for the sanitation operations,both of which are considered to be major funds of the City, and the one non- major enterprise fund. Conversely, the three internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds are provided in the form of combining statements in the Other Information section of this report. The City's proprietary fund financial statements can be found on pages 11-24 through 11-29 of this report. Fiduciary Funds account for resources held for the benefit of parties outside the City that represent separate pension plans for general employees, police officers and firefighters. The City does not include fiduciary funds in the government-wide financial statements because the resources of those funds are not available to support the City's own programs. Instead they are held for the benefit of employees upon retirement. The accounting used for fiduciary funds is much like that used for proprietary funds. The City's fiduciay fund financial statements can be found on pages II-30 and II-31. Notes to the Financial Statements-The notes provide additional information and disclosure that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages II-32 through 1I-77 of this report. Page 45 of 1106 i MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Other Information 'tion to the basic financial statements and accompanying notes, this report also presents certain required supplementary i I) concerning the City's progress in funding its obligation pensionbenefits and other postemployment benefits to its employees. supplementary information related benefitsthese a d on pages -7 of this report. This rt also contains other supplementary information ly following the RSI, which includese combining and` ivid d financial statementsin on page - 5. GOVERNMENT-WIDE OVERALL FINANCIAL I Net Position-As noted previously,net position serve over time as a usefid indicator of a government's financial position.I e case of the City,assets and deferred outflows exceeded liabilities and derre inflows by$192,371,472 at the close of the most recent fiscal year. Net Position ( ) Governmental Business-Type Activities Activities Total 2018 2017 2018 2017 2018 2017 Current and other assets S 91,950 $ 81,781 S 84,840 $ 71,441 $ 176,790 $ 153,222 Capital assets 88.457 90.604 181.606 185.664 270.063 276.268 Total assets 180,407 172,385 266,446 257,105 446,853 429,490 Defimed outflows of resources 20.230 21,638 3.314 4.368 23.544 _26,006 liabilities outstanding 149,915 150,943 l0l 94,474 251,005 245,417 Other liabilities 9.808 __$.071 8,6176,879 18.425 14.950 Total liabilities 158,723 159,014 110,707 101,353 269,430 260,367 Defirred inflows of resources 14,555 17,568 4,041 4,578 18,596 22,146 Netposition: Net investment in capital assets 52,390 51,655 139,294 137,638 191,684 189,293 Restricted 9,814 6,2I0 2,299 2,213 12,113 8,423 Unrestricted(deficit) (34.845} (40.4241 13.419 15.691 __L21 4261 (24,733) Total net position A significant portion of the City's not position($191,684)reflects its investment in capital assets(e.g., land,buildings, and equipment), less any debt related to those assets that is still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for fiAure spending. Although City's investment in its capital assets is reported not of related debt, it should be noted that the resources needed to repay this debt must be provided ftom other sources, since the capital assets themselves cannot be used to liquidate se liabilities. x An additional portion of the City's net position ($12,113 or 6.6%) represents resources that are subject to external restrictions on how they may be used.The remaining balance is an unrestricted net deficit of$21,426 or 11.7'/0. At the end of the current fiscal year,the City reported positive balances in total net position,both for the government as a whole,as well as for its separate governmental and business-type activities.The deficit in unrestricted net position of the governmental activities resulted adoption of GASB Statement No.69 to record the net pension liabilities. Page 46 of 1106 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) Change in Net Position. Total net position increased in fiscal year 2018 by $9,388,456 (net of the restatement for adoption of GASB Statement No. 75 of$1,422,213)with governmental activities increasing the City's net position by $9,918,341 and business-type activities decreasing the City's net position by$529,885. Key elements of these changes are summarized as follows: Change in Net Position (Amounts in Thousands) Governmental Business-Type Activities Activities Total 2018 2017 2018 2017 2018 2017 Revenues: Program revenues: Charges for services $ 19,568 $ 16,488 $ 59,879 S 59,196 $ 77,230 $ 75,684 Operating grants and contributions 1,454 4,462 - - 1,454 1,462 Capital grants and contributions 95 4 2,139 216 2,234 220 General revenues: Property taxes 33,820 31,705 - 33,820 31,705 Property tax increment 11,776 10,579 - 11,776 10,579 Franchise taxes 4,716 4,785 r 4,716 4,785 Communications&public service taxes 10,060 10,134 10,060 10,134 Sales taxes 11,163 5,738 - 11,163 5,738 Gas taxes 1,402 1,369 - - 1,402 1,369 State revenue sharing 2,939 2,639 - - 2,939 2,639 Special assessments 6,859 5,693 6,859 5,693 Investment income 492 309 54 315 546 624 Other revenues 3,525 2.022 99 40 3,624 2.062 Total revenues 107.869 95,927 � 62,171 59,767 170.040 155.694 Expenses: General government 21,535 17,249 - - 21,535 17,249 Public safety 61,127 59,270 - - 61,127 59,270 Physical environment 2,189 2,184 - - 2,189 2,184 Economic environment 11,450 4,040 - - 11,450 4,040 Culture and recreation 10,900 10,787 - 10,900 10,787 Interest on long-term debt 1,123 1,149 - - 1,123 1.149 Water and sewer 39,449 38,301 39,449 38,301 Sanitation 9,893 10,067 9,893 10,067 Golf course 1,564 1.535 _ 1.564 1,535 Total expenses 108.324 94,679 50,906 49.903 159,230 144,582 Change in net position before transfers (455) 1,248 11,265 9,864 10,810 11,112 Transfers 9.741 _ 9,608 (9,741) (9,608) Change in net position 9,286 10,856 1,524 256 10,810 11,112 Net position-beginning of year 17,441 6,585 155,542 155,286 172,983 161,871 Restatement for implementation of GASB Statement No.75 632 (2,054) (1.422) Net position-beginning of year, as restated 18,073 6.585 153.488 155,286 171.561 161.871 Net position-end of year 4 • Tax increment revenues received from both the City and the County have been included as a result of the Community Redevelopment Agency being a blended component unit of the City; all of its financial information is reported within governmental activities. • Increases in water and sewer charges for services account for a major portion of the increase in net position before transfers to governmental activities. Page 47 of 1106 " (,'1TY 01 Y,f /V i s BEd' W Revenues b Source Governmental Awtivilties StateRevenueassments Sharing 7% Other Revenues GasTaxest `\� ££ i - ! Char- tit r for Services � s �� . �i Sales r Public Service � r„ �l\ to Operating Grants and Communications Contributions TaxesOtt FranchiseTaxes , Tax Increment Propertytaxes 1 i 1 ♦1 ll' 1 - � 1 `U � f 1 n r i '1 1Il 1:i t 1 ! a( 1t{� y�l t�tttsi t�11 I t r rt .■1 ti t��sc i i{�S tt j s t,�\S })i y�}ls;t ht�' ! � �; 1 ii�1��SS ft 5 1 t P3MMIX19' MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) usi a c ' 'ties Charges for services represent 960/6 of all revenues in FY 2017-2018 and FY 20162017.The charges include those for water,wastewater,stormwater,sanitation and golf course revenues, Revenues bV Source- i s a Activities rtt Capital Grants and ,�— Contributions and , Other 4% Charges for Services 96 The Water and Sewer Fund expenses(excluding interest on long-term debt)accounted for 72%of the expenses of the City's business-type activities in FY 2017-2018 compared to 74%in FY 2016-2017.The Sanitation Fund accounted for 19%of the expenses in FY 2017-2018 compared to 20%in FY 2016-2017.The Golf Course Fund remained unchanged at 3%and interest on long-term debt increased from 3%in FY 2016-2017 to 6%in FY 2017-2018. Expensesr -Business-Type i itl s Interest on Long- tarrTl Debt i Water 8[SBWEt Fl1TYd Goff Course 395 ��`• l�Sl��t r�{f I�l���{��V17r�7���1 Ul��t�i�1 �S14i��ia Sanitation FUl'Id�� 19% Page 49 of 1106 MANAGEMENT'S DISCUSSION AND ANALYSIS t DISCUSSION OF MAJOR FUNDS The City s fund accounting to ensure and demonstratecompliance with finance-relatedlegal requirements. According to U.S. generally accepted accounting principles (GAAP),the City identifies and separately ' major governmental ds and majors. The following paragraphs discuss the financial highlights o these selected majors. Governmental Funds-The City's major governmental funds discussed are: • General ® Boynton Beach Community Redevelopment Agency(CRA)Special Revenue Fund The City's governmental funds focus on providing information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unassignedfund balance may serve as a useful measure of a government's not resources available for spending at the end of the fiscal year. • The General Fund is the primary e accounting for all unrestrictedoperating expenditures of the City. Revenues plus transfers from other fimds and issuance of installment notes aggregated $88.6 million while expenditures plus net tnmsfers to other funds to $89.0 million resultingin 00,000 decrease in fund balance for the year. The ending balance of$15.9 million includes $8.3 million committed by City Ordinance for emergencies and $490,897 for prepaid items that is nonspendable. The remaining 7.1 million, representing approximately .2% of annual General Fund expenditures, is unassigned and available (a) to mitigate future revenue shortfalls and unanticipated expenditures, (b)to stabilize (c)to provide for working capital to minimize short-term borrowing for operations. General compamfive financial statements for 2018 and 2017 are on pages 11-88 to II- 9. The Boynton Beach CRA SpecialRevenue Fund accounts for all o 's general operations. j s for the year included property tax increinent revenue of$11.8 million and charges for services of$1.3 million. Expenditures included 3.2 million for general government operations, transfers to other governmental of$11.8 million for redevelopment projects. At the end of 2018, $2.4 million of fund balance was committed or assigned for future economic development,primarily redevelopment projects,or was nous able. The CRA Special Revenue Fund comparative financial statements for 2018 and 2017 are on pages 11-90 to H-91. Proprietary Funds-The City's major proprietary funds are: ® Waxer and Sewer Fund ® Sanitation Fund The City's major proprietary ds provide the same type of information found in the government-wide financialgovernment— but in more detaiL Unwatricted net position(deficit)of the City's mejor proprietary funds at September 30, 2018 is summarized as follows: $45,128,338—Water and Sewer Fund $(3,509,621)—Sanitation Fund The above total unrestrictednet position (deficit) compares to $45,984,617 for the Water and Sewer Fund and $(4,310,905) deficit for the Sanitation Fund at the end of 2017. Other factors concerning the finances of these fimds have y been addressedin the discussion of the City'sbusiness-type activities. Water d Sewer Fund comparative financial statements for 2018 and 2017 are on pages II-96 to II-98 and Sanitation Fund comparative financial to r 2018 and 2017 are on pages - II-101. _i Page 50 of 1106 ji MANAGEMIEN"F'S DISCUSSION ANDIS (Continued) SUMMARY OF GENERAL FUND BUDGETARYSULTS The original General Fund budget appropriation for expenditures and transfers to other bands approved for FY 2017- 2018 was $83,241,077. There was a mid-year budget amendment to expenditures and transfers resulting in a final appropriation for FY 2017-2018 of$87,487,222. Total expenditures alone of$84,929,647 for the year were $140,589 less than the final appropriation for expenditures. Departmental budget details are reflected on pages II-21 to 1I-22. The original General Fund budgeted revenues of$68,173,227 were increased by $4,246,145 to $72,419,372 for FY 2017-2018,Actual revenues were less than the final budget by S 1,227,864 for FY 2017-2018. REVIEW F CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets-The City's investment in capital assets(including intangible assets)for its governmental and business- type activities as of September 30, 2018, totals $270,063,092 (net of accumulated depreciation). This investment in capital assets includes land, buildings, improvements, equipment, park facilities, streets, utility lines and wells and intangible assets. The total net increase in the City's investment in capital assets for the current fiscal year was approximately$3.1 million or 1.2%(a 3.3%decrease for governmental activities and a 3.5%increase for business-type activities).Capital assets are summarized as follows: Capital Assets-Net of Accumulated Depreciation (Amounts in Thousands) Governmental Business-Type Activities Activities Total 2018 2017 2018 2017 2018 2017 Land $ 33,071 $ 37,624 S 5,132 $ 5,132 $ 38,203 $ 42,756 Construction in progress 1,765 678 12,833 7,839 14,598 8,517 Intangible assets - - 2,910 2,910 2,910 2,910 Building and improvements 36,752 37,409 57,851 62,367 94,603 99,776 Equipment and vehicles 13,705 11,278 4,412 1,467 18,117 12,745 Utility lines and wells 98,468 105,949 98,468 105,949 Infrastructure 3.164 3,615 3.164 3.615 Total S w 457 90.604 181.606 185.664 S 270.063 S 226,268 Additional information on the City's capital assets can be found in Note 3.F.beginning on page H-54. Lang-Term Liabilities- At the end of the current fiscal year, the City had total outstanding long-term debt(revenue bonds and installment agreements)of S 123,776,523,excluding net unamortized bond premium,as summarized below: Long-Term Liabilities (Amounts in Thousands) Govemmental Business-Type Activities Activities To 1 2018 2017 2018 2017 2018 2017 Revenue bonds $ 35,339 $ 38,949 $ 87,710 $ 80,070 $ 123,049 $ 119,019 Installment notes 728 Total 36.067 38.949 87.710 $ 80.070 $ 123.772 $ 1!9.019 The revenue bonds are secured solely by specified revenue sources and the installment agreements are secured by equipment.The City's long-term debt increased by approximately$4.8 million,or 4%during the current year. Additional information on the City's long-term liabilities can be found in Note 3.I.beginning on page 11-56. I Page 51 of 1106 MANAGEMENT'S DISCUSSION AND ANALYSIS (Continued) FUTURE BUDGETARY OUTLOOK The City considered the following 'c fikctors in developing the 201=019 fiscal year budget. • Housing prices are continuing to increase in the City and surrounding areas and the increase in property values is expected to continue for the coming fiscal year. • The City is continuing to see an increase in permit issuance related to new construction and remodeling. • Taxable values are expected to increase for fiscal year 2018/2019 and then start to level off thereafter. • Interest rates are expected to remain favorable,enabling the issuance of Utility Revenue Bonds for capital projects. • Adoption of a General Fund budget for the 2018/2019 fiscal year of$91.1 million, which was an increase of$3.6 million or 4.2%from the final 2 0 1 7120 1 8 budget. Requests for Information This financial report is designed to provide a general overview of the City's finances for all those with an interest in the government's finances. Questions or requests for additional information should be addressed to:Director of Financial Services,3301 Quantum Boulevard,Suite 101,Boynton Beach,FL 33435,(561)742-6310. Mam Frederiksen Director of Financial Services I I Page 52 of 1106 Page 53 of 1106 i t i 1 r r I ; Page 54 of 1106 Statement of Net Position September ,2018 Governmental Business-type Activities ActIvitles Total ASSETS Pooled cash and investments $ 55,273,062 $ 26,246,058 $ 81,519,120 Receivables,net 4,387,206 6,377,153 10,764,359 Due from other governments 1,545,346 5,907 1,551,253 internal balances 29,159,582 (29,159,582) - Prepaid expenses 703,746 85,533 789,279 Inventories 880,588 - 880,588 Investment in joint venture 18,810,713 18,810,713 Restricted assets-pooled cash and investments 62,434,995 62,434,995 Restricted assets-accounts receivable 38,722 38,722 Intangible assets - 2,910,000 2,910,000 Capital assets not being depreciated 34,836,086 17,965,435 52,801,521 Capital assets net of accumulated depreciation 53,620,866 160,730,705 214,351,571 Total assets 181406,482 266,445,639 446,852,121 DEFERRED OUTFLOWS OF RESOURCES Deferred charges on debt refundings 1,758,036 736,521 2,494,557 Deferred amounts related to pensions 18,472,040 2,577,676 21,049,716 20,230,076 3,314,197 23,544,273 LIABILITIES Accounts payable and accrued liabilities 61851,361 3,001,986 9,853,347 Accrued interest payable 161,606 1,427,000 1,588,606 Unearned revenue 2,044,881 29,651 2,074,532 Refundable deposits 597,479 115,122 712,601 Customer deposits - 1,480,484 1,480,484 Other payables 2,507,065 2,507,065 Due to other governments 152,311 55,743 208,054 Noncurrent liabilities: Due within one year: Bonds and notes payable 3,811,118 3,605,000 7,416,118 Compensated absences 889,687 217,766 1,107,453 Provision for insurance losses 1,777,545 - 1,777,545 Due in more than one year: Bonds and notes payable 32,255,405 87,005,047 119,260,452 Compensated absences 5,954,061 1,457,350 7,411,411 Other postemployment benefits 5,358,065 3,610,907 8,968,972 Provision for insurance losses 3,077,150 3,077,150 Net pension liability 95,791,6496,194,046 101,985,695 Total liabilities 158,722,318 110,707,167 269,429,485 DEFERRED INFLOWS OF RESOURCES Deferred amount related to other postemployment benefits 168,651 113,659 282,310 Deferred amounts related to pensions 14,386,285 3,926,842 18,313 127 14,554,936 4,0 ,501 18,595,437 NET POSITION Net investment in capital assets 52,390,429 139,293,677 191,684,106 Restricted for, Public safety 293,168 293,168 Grant programs 1,307,599 - 1,307,599 Debt service 91,183 2,299,384 2,390,567 Capital projects 7,564,049 7,564,049 Other purposes 558,157 - 558,157 Unrestricted(deficit) (34,845,281) 1314199107 (21,426,174 Total net position S 27.359.3 S 155. 182.371.472 The nates to the financial statements are an integral part of this statement. Page 55 of 1106 Statement of Activities For the Year Ended September 30,2018 Pr2grarn Revenues Services,Few, Operating Fines and Grantsand Grants and Expenses rib 'ons Contributions Functions/Programs Primary government: Governmental activities: General government $ 21,534,502 $ 10,313,177 211,528 $ Public safety 61,127,252 7,915,513 92,854 22,997 Physical environment 2,188,823 158,158 Economic environment 11,450,205 5,247 935,697 - Culture and recreation 10,900,242 1,176,531 213,693 72,331 Interest on long-term debt 1,1222,852 - - - Total governmental activities 108,323,876 , 1,453,772 328 Business-type activities: Water and sewer 39,448,905 46,397,059 - 2,1 Sanitation 9,893,397 11,911,986 Golf course 1,563,671 1,5 - - Total business-type activities 5 905 973 59,878727 - 2,138 Total primary government 159.229,849 S 7°353 S 1.453.772 F 5 2.233.794 General Revenues: Propertytaxes Tax Increment Franchise taxes Public service taxes Communications services tax Sales taxes Gas taxes State nue sharing not restricted to specific a s Special assessments Investment earnings Gain an disposal of capital assets Other Transfers Total general revenues and transfers Change In net position Net position-beginning of year,as originally reported Restatement for implementation of GASB Statement 75 Net position-beginning of year,as restated Net position-end of year Page 56 of 1106 Bills Net(Expense)Revenue and Change in Net Position Govemmental Business-type ActMt1es. Activities Total (11,009,797) $ (11,009,797) (53,095,888) (53,095,888) (2,030,665) (2,030,665) (10,509,261) (10,509,261) (9,437,687) (9,437,687) (1,122,8521 1122852 , (87,206,150) - (87,2 0 '250) ._ - 9,086,620 9,086,620 - 2,018,599 2,018,589 - 6,011 6,011 - 12,111,220 11,111,220 (87,209735) 11,111,220 (76,094,930) 33,819,753 33,819,753 21,776,329 11,776,329 4,715,685 4,715,685 7,735,274 7,735,274 2,325,012 2,325,012 11,162,782 11,162,782 1,401,786 1,401,786 2,938,720 2,938,720 6,859,492 6,859,492 491,696 54,395 546,091 1,960 1,960 3,525,293 97,422 3,622,715 9,740 ,787 9740 87 - 96, 92,609 96, 2,609 19 '58 86,905599 9,286,459 1,524,210 10,810,669 17,440,963 155,542,053 172,983,016 631,882 j2,054 L 095) 1,422 , 2131 2,845 153 487 958 171,560803 $ 27.359.304 S 155.012.16 182.371.472 The notes to the ftnanclal statements are on integral part of this statement. INS Page 57 of 1106 i Governmental FundsBalance September 30,2013 Boriton Other Beach Non-Major Tal General CRASpedal Governmental Governmental Fund Revenue Fund Funds Funds ASSETS Pooled cash and investments $ 15,861,861 2,369,299 $ 32,765,902 50,996,062 Receivables,net 3,664,130 7,128 715,948 4,387,206 Due from other governments 618,702 - 926,644 1,545,346 Due from other funds 3,405,698 2,000,000 5,405,699 Prepaid items 490,897 1 036 56,433 _,366 Total assets 4 S 2.52 ,463 S 36.464.927 S 63.026.678 LIABILITIES,DEFERREDINFLOWS RESOURCES AND FUND BALANCE Liabilities: Accounts payable 2,297,672 $ 104,846 1,324,211 3,726,729 Accrued liabilities 2,008,114 - 28,018 2,036,132 Due to other funds 2,000,000 - 224,428 2,224,428 Due to other governments _ - 152,311 152,311 Refundable deposits 514,786 13,315 69,378 597,479 Total liabilities 6,820,572 118,161 1,798,346 8,737,079 Deferred inflows of resources: Unavailable revenue 1,286,993 - ____757,888 2,044,881 Fund balance: Nonspendable Prepaid items 490,897 145,036 56,433 692,366 Restricted for: Public safety293,168 2931r Grant programs - 1,307,599 1,307,599 Debt service 91,183 92,183 Capital projects 7,564,049 7,564,049 Other purposes - 558,157 558,157 Committed for: Emergency purposes 8,324,107 - - 8,324,107 Economic development - 658,307 658,307 Debt service _ - _ - Capital projects - - 5,777,612 5,777,612 Assigned to: Economic development - 1,59 ,959 - 1,598,959 Debt service - 5,110,955 5,110,955 Public safety 1,346,197 1,3 ,197 Culture and recreation - 529,558 529,55 Cemetery maintenance 3,272,915 3,272,915 Capital projects 8,220,118 8,220,118 Unassigned(deficit) 7,11 ,719 (219,251) 6,899 Total fund balance 15,933,723 2,402,302 33,908,693 52,244718 Total liabilities,deferred inflows of resources and fund balance 5 24,041.298 2.520. 36.4 .927 5 63.026. The notes to the financial statements are on Integral part of this statement 1161 «s imp Page 58 of 1106 Reconciliation the Fund Balanceof Governmental Funds tot the Statement of Net Position of Governmental Activities September ,2018 Fund balance reported in the Balance Sheet of total governmental funds. $ 52,244,718 Amounts reported as fund balance in the governmental funds Balance Sheet(above) are different from the total net position for governmental activities in the Statement of Net Assets (below) because of a different measurement focus and basis of accounting between the two statements resulting in the following increases and decreases. Increases: Capital assets are not financial resources. Therefore, they are not reported in the Balance Sheet of 79,210,582 governmental funds. However, they are reported in the Statement of Net Position of governmental activities. The City uses internal service funds to charge the costs of fleet management, risk management, and 6,869,997 warehouse services to individual governmental and enterprise funds. The majority of these costs are charged to governmental funds.Therefore, the total net position of internal service funds are included with governmental activities in the Statement of Net Position. The internal service funds have operations with cumulative positive income results over the years; 26,440,391 primarily for excess service charges to governmental funds to pre-fund fleet replacement.Those excess charges have reduced the fund balances reported in the Balance Sheet of total governmental funds above. Since internal service funds should operate at a break-even basis,the cumulative excess charges are added back to the above fund balances. Deferred outflows of resources for deferred charges on debt refundings are reported in the Statement of 1,758,036 Net Position but are recognized in the governmental funds as proceeds and repayment of debt. Deferred outflows and Inflows of resources related to defined benefit pension plans are reported in the statement of net position. Because the net pension obligation does not represent available, spendable resources,it Is not reported in governmental funds. Deferred outflows related to pensions 18,240,907 Deferred inflows related to other postempioyment benefits (158,460) Deferred Inflows related to pensions .(14,020,657) Decreases: Governmental funds recognize the proceeds and the repayment of noncurrent bonds payable as a change (36,066,523) in fund balance included above. However,governmental activities report noncurrent bonds payable as a liability in the Statement of Net Position thus decreasing the fund balance of governmental funds. The net pension liability of defined benefit pension plans are reported In the Statement of Net Position but (95,236,246) not in the governmental funds. Governmental funds do not recognize interest on the above noncurrent debt as an expense and an (161,606) accrued liability until it is due and payable. However, accrued interest is reported as an expense and liability in the government-wide financial statements. Governmental funds do not recognize other postemployment benefits (OPER) as an expense and an (5,034,285) accrued liability. However, the net OPEB obligation is reported as a liability in the government-wide financial statements. Compensated absences that are not due and payable in the current period are not reported in the (6,727,550) governmental funds. However, they are reported as a liability in the Statement of Net Position for governmental activities thus reducing net position. Net position reported in the Statement of Net Position of governmental activities. 27,359,304 The notes to the financial statements are an integral part of this statement. Page 59 of 1106 ir Governmental Funds Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2018 Bolinwiton Other Beach Non-Major Total General CRASpedal Governmental Governmental Fund Revenue Fund Funds Funds REVENUES Taxes,net of tax increment revenue $ 35,573,431 $ - $ 11,410,858 $ 46,984,289 Tax increment revenue 11,776,329 11,776,329 Licenses and permits 8,377,370 287,773 8,665,143 Intergovernmental 10,991,092 - 6,489,390 17,480,492 Charges for services 7,271,403 1,267,068 729,208 9,267,679 Special assessments 6,859,493 - 6,859,493 Fines and forfeitures 266,310 - 1,662,053 1,928,363 Rents and royalties 437,947 - 437,947 Investment earnings 107,806 138,978240,722 487,506 Donations - 279,11 279,181 Miscellaneous 2,921,2 - _ 2,063,323 4.9 , 7 Total revenues2, 6,136 13,182,375 23,162,508 51,019 EXPENDITURES Current: General government 15,717,212 3,176,358 1,441,499 20,335,069 Public safety 59,647,201 1,088,927 60,736,128 Physical environment 1,303,877 - 21,008 1,324,885 Economic environment 313,792 6,163,787 6,477,579 Culture and recreation 8,047,712 838,942 8,886,654 Capital outlay 1,348,919 31,054 7,114,671 8,494,644 Debt service: Principal retirement 245,994 4,331,623 4,477, 17 Interest charges 19,568 - 11,219 9307 7 Total expenditures 815 ,275 3. . 12 21,911,676 111® Revenues over(under)expenditures 9 j974L963 1,250,832 12,512, i OTHERI I CES ) Transfers In 15,067,850 13,171,820 28,239,670 Transfers out (2,417,186) (11,822,180) (8,934,753) (23,174,119) Proceeds from sale of capital assets - 1,154,212 1,1 ,212 Issuance of installment debt 670,140 - 925,000 115951 Total other financing sources and uses 13,320,8 (21,822,1W) 6,316.279 7,814,903 Net change in fund balance (417,335) (1,847,217) 7,567,111 5,302,SS9 Fund balance-beginning of year 16,351,058 4,249,519 26 341582 46942159 Fund balance-end of year S 15.933.723 S 2. 2- 2 S 52.2 .7 IC The notes to the financial statements are an Integral part of this statement Page 60 of 1106 Reconciliation of the Statement of Revenues,Expenditures,and Changes in Fund Balance of Governmental Funds to the Statement of Activities of Governmental Activities For the Year Ended September 30,201 Net change in fund balance reported in the Statement of Revenues, Expenditures, and Changes in Fund Balances of total governmental funds $ 5,302,559 Amounts reported as changes in fund balance in the governmental funds Statement of Revenues,Expenditures,and Changes in Fund Balances(above)are different from the change in net position of governmental activities in the Statement of Activities (below) since a different measurement focus and basis of accounting between the two statements results in the following increases and decreases. Increases: capital outlay,reported as expenditures in governmental funds,is reported as capital assets In the Statement of Net Position rather than expenses. 8,494,644 The City uses internal service funds to charge the costs of fleet management,risk management,and warehouse services to individual governmental and enterprise funds.The net revenue of certain activities of internal service funds are Included with governmental activities In the Statement of Activities. Transfers $ 4,675,236 Nonoperating revenue 333,157 Consolidation of operating loss related to governmental funds (1,978,79 3,029,603 Govemmental funds recognize the repayment of noncurrent bonds and notes payable as a change in fund balance Included above,however,the repayment has no effect on the change In net position of governmental activities below. Issuance of Installment agreements $ (1,595,140) Repayment of noncurrent bonds and notes 4,477,617 2,882,477 Decreases• Depreciation expenses on governmental capital assets Included in the Governmental Activities in the Statement of Activities below,but not included in the net change in fund balance reported in the Statement of Revenues,Expenditures,and Changes In Fund Balance of total governmental funds above. Depreciation expense (4,284,141) Governmental funds report certain debt related Items as revenues and expenditures when tnose items are first Incurred because they provide or require the use of current financial resources. As a result,the impact of those items has been included In the above net change In fund balance.However,these items must be amortized over the life of related debt when reported in the Statement of Activities. Amortization of deferred charges on debt refundings (207.828) Some expenses reported in the statement of activities are not reported in the funds because they have no effect on current financial resources. Accrued interest on noncurrent debt $ 15,763 Compensated absences expenses 278.525 Other postempioyment benefits (319,161) Pension expense 332,414 307,541 The net effect of transactions Involving capital asset dispositions(i.e.,sales and trade-ins). (69238,396) Change in net position of Governmental Activities $ 9,286,459 The notes to the financial statements are an integral part of this statement. r-w Page 61 of 1106 General Fund Statement of Revenues, enditures,and Changes in Fund Balance-Budget and Actual Budeta Basis r the Year En I September 30,2018 Varlancevilth original Rrml Rnal Budget u u Actual PositiveC 1 REVENUES Taxes,net of tax Increment revenue $ 35,828,527 $ ,527 35,573,431 $ ( 5 ) Licenses and permits 7,799,000 7,799AW 8,377,370 579,370 Intergovernmental 9,133,300 9,233,300 9,376,464 243,264 Charges for services 7,128,000 7,129,0W 7,271,403 143,403 Specie lassessments 61589, 6,599,WD 6,859.493 270,493 Fines and forfeitures 673,000 673,000 266,310 (405.60) Rents and royalties 368,8W 168,800 437,947 69,147 Investment earnings 65,000 65,0W 107,806 42,806 Miscellaneous 470,500 4.716,M 2,921,2 (i, 5, 1) Appropriated fund balance 118,1 11_8,1W - -Wal-00L Total revenues 68,173.227 72,419.372 71,1929 508 _ ((1,227, 1 EXPENDITURES General government: Mayor and commission 267,301 267,301 260,739 6,562 City manager 741, 7 74OA22 743,796 (2,974) Public affairs 333,846 333,846317,533 lf,323 City clerk 570,241 570,866 561,054 9,812 Financial services 1,302,791 2.287ASS 1,165,650 2 Information technology 2,454,516 2,143,805 2,087,327 56,478 Human resources 824,073 822,748 711,759 110,989 City attorney 574,916 724,916 715,718 9,1% Planning and zoning 7S6,M 751,325 744,077 7, Facilities management 1,974,749 1,993,114 1, 2,437 140,677 City hall general administrative 3,150,068 5,746,213 5,259,730 4K483 Town Square 1, 1,483,896 16 Total general government 12,950, _ 16,782,011 15, 3,716 5 Public safety: Police 2 29,352,647 29,4 ,810 (146,163) Fire 24,929,571 25,SW,396 26,451, (901,410) Protective inspections 3,052,023 -------3,251,333 3201,244 50 89 Total public safety 57,528.U77 58.154.376 59,151,760 [ 7.IM Physical environment: Public works 161,675 253,233 252,387 846 Streets maintenance 1.1 .355 ____1,055,225 1065180 L91ME Total physical environment 1,326,030 1,308 1,317,567 (9.119) Economic environment: Other economic environment 412,318 L11318 313,792 98,526 Total economic environment 412,318 _ 1 313.792 2&526 Culture and recreation: Library 2,315,127 2,315,127 2,2 ,959 31,168 Recreation 3,113,087 2,991,61172,930,047 51 Schoolhouse museum 254,971 254,971 239,477 Forestry and grounds 2,924,208 2. 1 2,789,329 7&769 Total culture and recreation 8,607,393 U12,883 8,242,812 17DA71 Total expenditures1 6 929. 7 290 Revenues over(under)expenditures (12.650.6 1 _ 112 Q§&664L (13,738,139) (i 7,4751 (Continued) Page 62 of 1106 Mill Variance with Original Final Final Budget Budget Budget Actual Positive INegattve) OTHER FINANCING SOURCES(USES) Transfers in $ 15,067,850 $ 15,067,850 15,067,850 $ Transfers out (2,417,186) (2,417,186) (2,417,186' -- Issuance of installment debt 670 140 670140 Total other financing sources and uses 12,651},6 12„650,6 13.320,8 670,1 Net change in fund balance = _ S f4i7.335f 6 1417,3351 The notes to the financial statements are an integral part of this statement. Page 63 of 1106 i I .;1490 �i}t4s'tY� �t VIV' ru�1 Page 64 of 1106 Boynton each CRA Special Revenue Fun Statement of Revenues,Expenditures,a Changes in Fund Balance Budget and Actual For the Year Ended September 30,2018 Variance with Original Final Final Budget Bud ugActual Positi REVENUES Tax increment revenue $ 11,461,518 $ 11,461,518 11,776,329 $ 314,811 Charges for services 1,000,000 1,000,000 1,267,068 267,069 Investment earnings - - 138,978 138,978 Total revenues 12,461,518_ 12,461,518 13,1829375 720,857 EXPENDITURES Current General government 3,619,338 3,619,338 3,176,358 442,990 Capital outlay - 31,054 (3110541 Total expenditures 3,619,338 3,619.338 3,207,412 411,926 Revenues over expenditures 8,842,180 8,842,180 9,974,963 1,132,783„ OTHER FINANCING SOURCES(USES) Appropriated fund balance - 2,980,000 - (2,980,000) Transfers out (8,842,180) 11822 180 (11,822,180) Total other financing sources and uses (8,842,180) (8,842,180) (11,822,180) (2,980,000) Net change in fund balance S - S (1,847,217) __ (1. 7.20 Fund balance-beginning of year 4,249,519 Fund balance-end of year S 2.402.302 The notes to the financial statements are an integral part of this statement. Page 65 of 1106 Statement of Net Position Proprietary Funds September ,2018 Business- Activities- iFunds Goverrimentel Non-Major Activities Fund Internal Water and Sanitation rs Sewerl'und Fund FundTotal Funds ASSETS Current assets: Pooled cash and investments 26,246,058 $ - - $ 26,246,058 $ 4,277,000 Accounts receivable,net 5,096,006 1,277,622 3,525 6,377,153 Due from other governments - 5,907 5,907 Prepaid expenses 85,533 - 85,533 11,380 Inventories 880, 1,427®5 7 1,283,529 ,525 32,714, 1 , 588 R d ass Restricted pooled cash and investments: Customer deposits 1,441,762 - - 1,441,762 - Revenue bond covenants 7,331,384 7,331,384 Capital Improvements 53,661, 9 - 53,661,849 62,434,995 - 62,434,995 Restricted accounts receivable 38,722 - - 38,722 62,473,717 62,473,717 - Total current assets _ 901,314 11283,,529 3,525 95,18&368. 5,268,968 Noncurrent assets: Investment in joint venture 18,810,713 18,810,713 Intangible assets 2,910,000 - 2,910,000 Capital assets not being depreciated 16,6 ,968 - 1,356,467 17,965,435 33,166 Capital assets,net of accumulated depreciation 280 3,755 160,730 9213,204 Total noncurrent assets 1 Total assets 292.424,27 ,2 7,2 3, 2 5, 5,221 14 15338 DEFERREDOUTFLOWS OF RESOURCES Deferred charges on debt refundings 736,521 - - 736,521 Deferred amounts related to pensions 1 .,902,845 553,182 121,649 2,57,7 76 231,133 Total deferred ouflows of resources 2 214649 3,314®197 231,133 (Continued) Page 66 of 1106 BusinestT Eype Activities-Enterprise Funds Governmental Non-Major Activities- Fund Internal Water and Sanitation Golf Course Service Sewer Fund Fund Fund Total Funds LIABILITIES Current liabilities: Accounts payable $ 2,357,504 $ 178,200 $ 18,659 $ 2,554,363 $ 1,040,480 Accrued expenses 288,836 121,648 37,139 447,623 48,020 Unearned revenues 29,651 29,651 Provision for insurance losses, current portion - - 1,777,545 Contracts payable 52,800 - 52,800 - Refundable deposits 115,122 115,122 Compensated absences payable, current portion 149,714 46,478 21,574 217,766 15,105 Due to other governments 55,743 - 55,743 - Due to other funds - 19745,031 974,160 2,719,191 462,079 3,019,719 2,091,357 1,081,183 6,192,259 3,343,229 Current liabilities payable from restricted assets: Customer deposits 1,480,484 1,480,484 Revenue bonds,current maturities 3,605,000 3,605,000 - Accrued revenue band interest 1,427,000 1,427,000 Contracts payable 2,454,265 - - 2,454,265 8,966,749 - - 8,966,749 Total current liabilities 11,986,468 2091357 1,081,183 15,159,008 3,343,229 Noncurrent liabilities: Revenue bonds payable,less current maturities,plus unamortized premium 87,005,047 87,005,047 Provision for insurance losses, less current portion 3,077,150 Compensated absences payable, less current portion 1,001,930 311,042 144,378 1,457,350 101,093 Other postemployment benefits 2,665,578 774,919 170,410 3,610,907 323,780 Net pension liability 4,572,455 1,329,274 292,317 6,194,046 555,403 Total noncurrent liabilities 95,245,010 2,415,235 607,105 98,267,350 4,057,426 Total liabilities 107,231,478 4,506,592 1,688,288 113,426,358 7,400,655 DEFERRED INFLOWS OF RESOURCES Deferred amount related to other postemployment benefits 83,903 24,392 5,364 113,659 10,191 Deferred amounts related to pensions 2,920,753 815,348 190,741 3,926,842 365,628 Total deferred inflows of resources 3,004,656 839,740 196,105 4,040,501 375,819 NET POSITION(DEFICIT) Net investment in capital assets 137,399,785 3,755 1,890,137 139,293,677 9,246,370 Restricted for: Revenue bond covenants 2,299,3 - 2,299,3 - Unrestricted(deficit) 45,128,338 (3,509,621} (1,7591219} 39,859,498 (2,376,373' Total net position(deficit) 184,827,507 $ (3,505,866) 130,918 181,452,559 6,869,997 The notes to the financial statements are an integral part of this statement. Page 67 of 1106 Reconciliation of the Total Enterprise Funds to the Government-wide Statements of Business-Type Activities For the Year Ended September 30,2018 Statement of Statement o 1n Net Position Amounts reported for total Enterprise Funds 181,452,559 3,752,934 The City uses internal service funds to charge the costs of fleet management, risk management,and warehouse services to individual governmental and enterprise funds.The operating income (loss) of certain activities of internal service funds related to enterprise funds are included with business-type activities in the Statement of Activities. The following reflect the consolidation of internal service fund activities related to enterprise funds. Current yearadjustent (2,22 ,724) (2,228,724) Cumulative prior year adjustments (24,211,6671 Net positionXhange in net position of Business-type Activities 155.0121 1.524.210 The notes to the financial statements are an integral part of this statement. Page 68 of 1106 Statement of Revenues,Expenses and Changes in Net Position Proprietary Funds For the Year Ended September 30,2018 Business-Type Activities- me rise Funds Governmental Non-Major Activities- Fund ctivities-Fund Internal Water and Sanitation Golf Course Service SewerFund Fund Fund Total Funds OPERATING REVENUES Charges for services: Water sales $ 23,420,190 $ $ 23,420,290 $ Sewer service 19,096,323 19,096,323 Stormwater utility fees 3,880,546 3,980,546 Garbage fees - 11,890,131 11,890,131 Recycling fees 21,855 - 21,855 Cart and green fees 1,249,244 1,249,244 Dues 64,291 64,291 Other services - 256,147_ 256,147 9,069'5 Total operating revenues 46,397,D59__,059 11 ,911,986 1,569,682 59,878,727 9,069,587 OPERATING EXPENSES Personal services and benefits 9,603,027 3,353,426 837,607 13,794,060 1,461,288 Supplies,services and claims 12,728,677 4,947,516 584,506 18,260,699 8,032,433 Depreciation and amortization 12,540,654 1,298 128,383 12,670,335 3,783,380 Total operating expenses 34,872,358 8,302,240 1,550,496 44,725,094 13,277,101 Operating income(loss) 11,524,701 3,609,746 19,186 15,153,633 (4,207 NONOPERATING REVENUES(EXPENSES) Investment earnings 54,395 - 54,395 4,190 Interest expense (3,203,498) (3,203,498) Equity in loss of Regional Wastewater Joint Venture (748,657) - (748,657) Gain on disposal of capital assets 1,960 1,960 122,097 Miscellaneous income 97,422 97,422 206,870 - (3,800,338) 1,960 (3,798.378) 333,157 Income(loss)before contributions and transfers 7,724,363 3,609,746 21,146 11,355,255 (3,874,357) Capital contributions 2,138,466 - 2,138,466 Transfers: Transfers in - 10,000 10,0()0 4,680,112 Transfers out (7,212,0691 8.3,116 4,876® ILL _� (25,6021, (9,750,7 Total transfers (7,342,069) 12,373,11 L25,602 (9,740,787) 4,675,2 36 .. _ Change In net position 2,520,760 1,236,630 (4,456) 3,752,934 800,879 Net position-beginning of year, as originally reported 183,861,255 (4,310,198) 202,663 179,753,720 6,382,563 Restatement for implementation of GASB Statement 75 (1,554 ,508) (432,298) (67,289 (2,054,0951 (UJ445 1 Net position(deficit)-beginning of year 182,306,747 L4 742,49 135,374 177,699,625 6,069,118 Net position(deficit)-end of year S 1a4,827,507 __$_(3.505.80 _LL6 9.997 The notes to the financial statements are an integral part of this statement. Page 69 of 1106 Statement of Cash Flows Proprietary Funds For the Year Ended September 30,2018 si rise Funs Govemmental Non-Major internalFund Water and Sanitation GolfCourse r Fund Fund Fund Total Funds Cash Flows From Operating Activities Receipts from customers and users 46,429,344 $ 12,037,926 $ 1,571,873 $ 60,039,143 Receipts from others 97,422 97,422 206,870 Receipts from interfund services provided - - 9,069,587 Payments to suppliers (11,013,788) (4,090,826) (432,251) (15,536,865) (8,163,550) Payments to employees (10, 9,564) (3,543,487) (1,019,988) (15,213,039) (11568,090) Payments for lnterfund services used (795,092) {2.026,151) {127,667] (2,948,9101 [156, ] Net cash provided by(used in) operating activities 24,068,322 ____L8,033,033) 26,L37,751 Cash I s From Non-Capital Financing Activities Loans from(to)other funds 76,047 76,047 - Transfers in 10,000 10,000 4,680,112 Transfers out (7,342,0691 {2,383,116] {25, 21 {9,750,787] (4,876' Net cash provided by(used In) non-capital financing activities (7,342,069) (2,373,116) SO,445 {9,6 ,7 } 4,675,236 Cash Flows From Capital and RelatedFinancing Activities Acquisition of capital assets (7,937,388) (4,346) (44,372) (7,986,106) (3,663,995) Proceeds from sale of capital assets 1,960 1,960 122,097 Capital contributions 2,138,466 2,138,466 - Proceeds from issuance of revenue bonds 11,065,000 - 11,065,ODD Principal payments on revenue bonds (3,425,000) - (3,425, ) Interest payments on revenue bonds {3,261,374)8 - (3,261,3741 Net cash used in capital and related financing activities (1,420,296) (4,346). (42,412} (1,467,054) (3,541,898) Cash Rows From Investing 'vi Interest on pooled cash and investments 54,395 - 395 4,190_ Net cash provided by Investing activity 54,395 - ,395 4,190 Increase in cash and cash equivalents 15,360,352 - 15,360,352 525,701 Cash and cash equivalents-beginning of year 73,320,701 - _ 73,320,701 3,751,299 Cash and cash equivalents-end of year 88.681.053 5 - 5 88.681.053 4.277,000 Reconciliation of cash and cash equivalents to Statement of Net Assets Pooled cash and Investments 26,246,058 26,246,058 $ 4,277,000 Restricted pooled cash and Investments 62,434,995 62,434,995 Cash and cash equivalents-end of year 1.053 5 - 5 88,6 1.053 77 (Continued) Page 70 of 1106 .......... no= I I 1� Business-Type Activities-Enterprise Funds _ Governmental Non-Major Activities- Fund Internal Water and Sanitation Golf Course Service SewerFund Fund Fund Total Funds Reconciliation of Operating income(Loss)to Net Cash Provided By(Used In)Operating Activities: Operating income(loss) $ 11,524,701 $ 3,609,746 $ 19,186 $ 15,153,633 $ (4,207,514) Adjustments to reconcile operating income(loss)to net cash provided by(used in)operating activities: Depreciation and amortization 12,540,654 1,298 128,383 12,670,335 3,783,380 Provision for doubtful accounts (327,293) (327,293) Miscellaneous income 97,422 - - 97,422 206,870 Changes in operating assets and liabilities: Accounts receivable 364,208 112,532 (143) 476,597 Due from other governments - 13,408 - 13,408 Prepaid expenses (73,518) - (73,518) (11,380) Inventories - 19,097 19,097 76,565 Deferred amounts related to pensions 158,490 56,784 (3,625) 211,649 18,266 Deferred amounts related to other postemployment benefits 83,903 24,392 5,364 113,659 10,191 Accounts payable 986,646 30,378 5,491 1,022,517 (239,789) Accrued expenses 8,492 14,818 4,863 28,173 6,195 Due to other funds - (1,199,839) (1,199,839) (190,363) Unearned revenues 2,334 2,334 Refundable deposits 6,431 - 6,431 Due to other governments 6,667 - 6,667 - Provision for insurance losses - 77,206 Customer deposits (11,061) - (11,061) - Compensated absences payable (10,316) 10,129 (6,503) (6,690) 22,056 Other postemployment benefits 85,087 24,736 5,439 115,262 10,335 Net pension liability (1372.193) (320,920) 1187,919) (1,881,0321 (173,845) Total adjustments 12,543,621 {1,232,284)_ (27,219) 11,284,118 3,595,687 Net cash provided by(used in) operating activities S 24.0 .322 S 2.377.46 S (8.0331 S (611.8271 Noncash Investing,Capital and Related Financing Activities: Equity in loss of Regional Wastewater Joint Venture $ (748,657) $ - $ - $ (748,657) $ - Gain on disposal of capital assets - 11960 1,960 122,097 Amortization of bond premiums 305,467 305,467 Amortization of charges on refundings (137,157) (137,157) The notes to the financial statements are an integral part of this statement. Page 71 of 1106 !ism Statement of Fiduciary Pension s TotalSeptember 30,2018 Pension Trust Funds ASSETS Cash $ 1,1 ,529 Investments: Money market mutual funds 5,253,913 U.S.Government and Agency obligations 23,280,160 Mortgage-backed securities 3,819,593 Corporate obligations 11,6 ,631 Equity securities 94,988`032 Equity mutual funds 47,536,140 Equity investment funds 102,856,561 International equlty Investment funds 28,061,651 Fixed Income Investment funds 41,70D,894 Real estate investment funds 4S,79&573 Total investments 394,893,148 Contributions receivable 789,121 Interest and dividends receivable 342,412 Pending trades receivable 643,976 DROP loans 366,066 Prepaid expenses 25,744 Total assets 249 996 LIABILITIES Accounts payable 507,976 Pending trades payable 635,153 Total liabilities 1,143,1 NET (TION RESTRICTED FOR PENSION BENEFITS397.1 7 The notes to thefthanclal statements an Integral part of this statement Page 72 of 1106 Statement of Changes in Fiduciary a Position Pension Trust Funds For the Year Ended e to er 30,201 Total Pension Trust Funds ADDITIONS Contributions: Employer $ 17,909,417 Plan members 4,646,598 State 1,614,628 Total contributions 24,170,643 Investment earnings: Net appreciation in fairvalue of Investments 27,368,956 Interest and dividends 5,352:,569 Miscellaneous 39,333 32,760,858 Less investment expenses: Investment expenses 1909 703 Net investment earnings 30,851,155 Total additions 55,021,798 DEDUCTIONS Benefits paid 22,598,718 Refunds of contributions 386,991 Administrative expenses 442,573 Total deductions 23,428,282 Change in plan net position 31,593,516 Net position restricted for pension benefits-beginning of year 365,513,351 Net position restricted for pension benefits-end of year S 397.106.867 The notes to the financial statements are an integral part of this statement. Page 73 of 1106 TES TO THE FINANCIAL STATEMENTS September 30,201 1. Summary of Significant Accounting Policies A. Reporting Entity The City of Boynton Beach (the "CW) is a Florida municipality establishedin 1820 by the Lam of Florida, Section 24398, pursuant to the authority provided in Chapter 165, Florida Statutes. The City is governed by an elected five-member Commission and provides a full range of municipal services including public safety, planning and zoning, sanitation, highways and streets, recreation and park facilities, public improvements, water, wastewater and stormwater services,and general administration functions. Under governmental accounting and financial reporting standards, the reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations r which the nature and significance their relationship with the primary government are such that exclusion would use the City's financial statements to be misleading or incomplete.The primary government is financially accountable if it appoints a voting majority of an organization's in body and imposes its will on that organization.The primary government may also be financially accountable if an organization i fiscally dependent on the primary government regardless of the authority of the organization's governing board. Legally separate organizations outside of the primary government, which meet the criteria for financial accountability, are component units of the reporting entity. The accompanying financial statements sent the City as the primary government, with its blended component unit, the Boynton Beach Community Redevelopment Agency (CRA), and a joint venture, the South Central Regional Wastewater Treatment and Disposal Board (the'Board"). Blendedponnt Unit.The Boynton Beach Community Redevelopment Agency operates under the authority of Florida Statutes Chapter 163, Part III and City Ordinance Number 1 to finance and develop certain targetedareas in the City. The City is financially accountable for the CRA and in accordance with City Ordinance Number 11-008 and pursuant to Florida Statutes, Section 163.357, the Mayor and City Commission plus two ( )additional members appointed by the City Commission comprise the governing board of the CRA, andthe City approves the C 's budget and guarantees the C 's debt. Accordingly, the CRA meets the criteria to blend its activities with the funds of the Ckys financial statements. The CRA has a September 30 year-end and issues separaW audited financial statements which are available from the CRA at 710 North Federal Highway, Boynton Beach, Florida 33435. Joint t .The South Central Regional Wastewater Treatment and Disposal Board is an independent sp i l district created by the cities of Boynton Beach and Delray Beach to operate a regional wastewater treatment facility ruing both cities. The 's governing body is comprised of the City Commissions of Boynton Beach and Delray Beach, who exercise equal control and oversight.The City accounts for its investment in the Board as joint venture recorded on the equity method of accounting as discussed in Note 3. . The Board has a September 30 year-end and issues separate, audited financial statements which are available at their administrative offices located at 1801 North Congress Avenue, Delray Beach, Florida 33445. Related Organizations. The Quantum Park Overlay Dependent District (the" PO ") was created on October 1 , 2005 by City Ordinance 05-061. The Quantum Community Development District ("QCDD") was created on July 16, 1991 by City Ordinance 091-48. The High Ridge/Quantum Communi Development District ('High Ridge CDD") was created on August 17, 2004, by City Ordinance 04-062. The Q , QCDD and High Ridge CIDD are collectively referred to as the Districts and were formed pursuant to the Florida Uniform Dependent District Act of 1980. Members of each District's governing body are elected at a bi-annual meeting the landowners in the respective District's area, although members of the governing body are subject to removal by the City Commission. The City does not provide funding, approve budgets, retain any financial interest or have any obligation for debt and cannot impose its will on the Districts. Accordingly,the three Districts are not included in the City's financial reporting entity. Page 74 of 1106 NOTES TO THE FINANCIAL September 1 1. Summary of Significant Accounting Policies(Continued) B. Government-Wide Financial Statements The government-wide financial statements include the statement of net position and the statement of activities that encompass all non-fiduciary activities of the City. Both statements report separate information on the govemmenfal activities and the business-type activities of the City and its blended component unit. Governmental activities are functions primarily supported by taxes and grants. Business-type activities are those functions supported by charges for services and user fees. The statement of activities demonstrates the degree to which the direct expenses of a given function or program are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or program. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or program, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or program. Taxes and other items not included among program revenues are reported as general revenues. C. Fund Financial Statements The basic financial statements include separate fund financial statements for governmental funds, proprietary funds and fiduciary funds, even though the latter are excluded from the government-wide financial statements. The governmental funds and enterprise funds financial statements report majorfunds as separate columns in the respective fund financial statements. The City reports the following funds as major governmental funds: The General Fund(the City's primary operating fund) accounts for all financial resources of the general government,except those required to be accounted for in another fund. The Boynton Beach CRA Special Revenue Fund accounts for the activity and redevelopment projects of the CRA covering a specified redevelopment area in downtown Boynton Beach. The City reports the following major proprietary funds: The Water and Sewer Fund accounts for the activities related to providing water, wastewater and stormwater services to the public. The Sanitation Fund accounts for the activities related to providing trash collection and disposal services to the public. Additionally,the City reports the following fund types: Internal Service Funds account for the activities related to providing fleet services, risk management, and warehouse services to other departments of the City. Pension Trust Funds account for the activities of the City's three defined benefit pension funds which accumulate resources for pension benefit payments to City employees. D. Measurement Focus and Basis of Accounting The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Water and sewer and other proprietary fund revenues are recognized as earned when the services are provided. Aft Page 75 of 1106 TES TO THE FINANCIAL STATEMENTS September 3 ,209 1. Summary of Significant Accounting Policies(Continued) D. Measurement Focus and Basis of Accounting(Continued) Governmental fund financial statements are reportedusing the current financial resources measurement us and the odlfre accrual basis of accounflng. Revenues are recognizedas soon as they are both measurable and available, Revenues are considered available when they are collectible itin the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues available if collected within 60 days of the end of the current fiscal year. Property es, franchise taxes, public service taxes, state shared revenues and charges for services and investment income associated with the current fiscal period are all considered susceptible to accrual and are recognized as revenues of the current fiscal period. For special assessments, only the portion of the special assessment receivable due within the current fiscal period is considered susceptible to accrual as revenue of the current fiscal period, Business taxes andother revenues collected in advance of periods to which they recorded as unavailable revenu inflow of resources. t revenue is recorded when the related expenditures/expenses incurred the eligibility requirements have been met. Ail other revenue items are measurable and available only when the City receivesthe cash. Expenditures ene lly are recorded when a liability is incurred, under accrual accounting. H r, debt servicenitu s, as well as expenditures related to compensated absences and claims and judgments, are recordedonly when payment is due. E. Financial Statement Presentation The City maintains its accounting records in accordance with the principles and policies applicable to governmental entities set forth by the Governmental Accounting StandardsBoard (GASB) as U.S. generally accepted accountingprinciples(GAAP). As a general rule, the eflect of interfUnd activity has been eliminated from the govemment-wide financial statements. ption to this general rule are payments-in-lieu of taxes where the amounts are reasonably equivalent in value the interfund services provided and other charges between the i 's water and sewer function and various other functions of the City. Amounts ported as program revenuesinclude: (1) charges to customers or applicants for goods, services, or privileges provid ( ) operating and contributions, and ( ) capital grants and contributions, including special assessments. internally dedicatedsources are reportedas general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating nues and expenses from nonoperating items. Operating revenues an expensesene I result from providing services and producing nd deliveriing goods in connection with proprietary fund's principal ongoing operations. The principal operating venues of the r and sower, sanitation, and golf course enterprise funds, and of the City's internal service funds, are charges to customers for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of sales end services, administrative expenses, anddepreciation on capital assets. All revenues and expenses not meetingthis definition are reportednonaperating revenues and expenses. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first,then unrestricted u s they are needed. F. Pooled ash and Investments Pooled cash and investments consist of petty cash on hand, demand and money market deposits with financial institutions, money market mutual funds and investments with the Florida Municipal Investment Trust (" I '). Interest earned on pooled cash and investments is allocated to individual funds based on their average daily pooled cash and investment balances. For purposes of the statement of cash flows, the City considersII highly Page 76 of 1106 NOTES TO THE FINANCIAL T. September 30,2018 1. Summary of Significant Accounting Policies(Continued) F. Pooled Cash and Investments(Continued) liquid investments(including restricted assets)with an original maturity or availability of three months or less to be cash equivalents. Money market mutual funds are reported at amortized cost,which approximates fair value. All deposits with financial institutions were entirely covered by a combination of federal depository insurance and a collateral pool pledged to the State Treasurer of Florida by financial institutions which comply with the requirements of Florida Statutes and have been designated as a qualified public depository. Qualified public depositories are required to pledge collateral to the State Treasurer with a fair value equal to a percentage of the average daily balance of all government deposits in excess of any federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would be satisfied by the State Treasurer from the proceeds of federal deposit insurance, pledged collateral of the public depository in default and, if necessary, a pro rata assessment to the other qualified public depositories. The Florida Municipal Investment Trust (FMIT) is an external investment pool established in 1993 and administered by the Florida League of Cities, Inc. pursuant to the laws of the State of Florida. FMIT is exempt from registration under the Securities Act of 1933,the Investment Company Act of 1940 and the Florida Securities and Investors Protection Act. Participants in FMIT are limited to governmental entities in the State of Florida. FMIT operates six fixed income and five equity funds with differing investment goals. The City invests in three FMIT fixed income funds as follows: 1)the 0-2 Year High Quality Bond Fund; 2) the 1-3 Year High Quality Bond Fund; and, 3)the Intermediate High Quality Bond Fund,which are designed to provide an investment horizon and yield greater than that of money market instruments. The fair value of the City's investment in FMIT is the net asset value of each FMIT fund based on the fair value of the fund's portfolio as determined by the fund administrator at the end of each month. Contributions to and withdrawals from FMIT funds may be made monthly in a minimum amount of$5,000 based on advance written notification at least five business days prior to a FMIT fund's portfolio valuation date, generally on the last business day of each month. Each FMIT fund may limit redemptions to a maximum of $2 million or 10 percent of the fund's net asset value if the fund administrator determines that the fund's net asset value would be adversely affected by a redemption. If a redemption is limited, the maximum redemption amount will be made at each subsequent redemption date, generally at least monthly. The City's pension trust funds investments consist of money market mutual funds, U.S. Government and Agency obligations, mortgage-backed securities, domestic and international corporate obligations, equity securities, equity mutual funds and alternative investments consisting of equity and fixed income investment funds and real estate investment funds. City and Pension Trust Fund investment policies do not allow investments in derivatives. All investments are reported at fair value, except for money market mutual funds that are reported at amortized cost, which approximates fair value. Purchases and sales of investments are recorded on the trade dates. Realized and unrealized gains and losses on investments are reflected in current operating results as investment earnings. Realized gains and losses on investments held at the end of the prior year and sold during the current year include the change in fair value from the beginning of the year to the date sold. G. Receivables Receivables in the governmental funds include delinquent property taxes, billings for general City services, various taxes due from local businesses, and amounts due from other governments for shared revenues, taxes and grants.All property tax and other receivables are reported net of an allowance for uncollectible accounts. Accounts receivable in the proprietary funds include amounts due for various City services and utilities, provided primarily to local businesses and residents.Accounts receivable are reported net of an allowance for uncollectible accounts determined based on the age of the individual receivable and historical collection trends. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. An allowance for doubtful accounts has been provided for those accounts where collectability appears to be doubtful. The City does not require collateral from its customers, except for the Water and Sewer Fund, which requires deposits for Page 77 of 1106 FINANCIALNOTES TO THE September 30,2018 1. Summary of Significant iPolicies(Continued) 0. Receivables(Continued) services. The City maintains an allowance r doubtful accounts level which management believes i sufficient to cover potential credit losses. H. Unbilled a ice Receivables The City's enterprise funds recognize nue on the basis of monthly cycle billings to customers for services provided.As a result of this cycle billing method,there are unbilled receivables at the end of each fiscal year wfth respect to services provided, but not billed at such date. It is the policy of the City to accrue the unbilled service amour year-end. The public service taxes owed to the City on the unbilled services are recorded as receivables in the Public Service Tax Debt ServiceFund.All unbilled receivables are billed in the fbillowing month. I. Interfund ReceivablesPayables; Activity between funds that represents Interfund lending/borrowing that is outstanding at year end is classified a 'due toldue from other funds". Any such balances outstanding n governmental activities and business- type activities usin - activities in the government-Wide financial statements are classified ®internal balances." J. Prepaid Items and Inventories Expendilturies/expenses for insurance iums and other administrative expenses extending over more than one accounting period are accounted for as prepaid ftems/expenses and allocated between accounting periods. Inventories are valued at average cost which approximates market. Inventories are accounted for using the consumption method,whereby inventories are recorded expenditures in the period when used. K. Investment i Joint Venture The Chy accountsfor its investment in the jointly ownedSouth Central Regional Wastewater Treatment and Disposal Board as a Joint venture on the equity hod of accounting. This investment is included in the Clys Water and Sewer Enterprise Fund balance sheet as Investment in Joint Venture. L. Restricted s The City classifies certain amounts of pooled cash and investments in the Water and Sewer Enterprise Fund as restricted assets because their use is legally restricted for monies heldr customers as security deposits, revenue bond covenant requirements and capital improvements. The net position of the Water and Sewer Enterprise Fund is restricted to the extent that restricted assets exceed liabilities payable from restricted assets. M. Capital Assets Capital assets include land, buildings, equipment, and infrastructure. The City reports these assets in the applicable governmental or business-type activities columns in the government-wide statement of net position and in the statements net position for enterprise and internal service funds. The City defines capital assets as assets with an initial, individual cost of morethan$750 and an estimated useful life in excess of one year. Donated capital assets are recorded at the date of donation at acquisition value, which is the price that would be paid to acquire an asset with equivalent service potential in an orderly market transaction at the date of acquisition. Capital asset acquisitions are recorded as capital outlay expenditures in the governmental fund financial statements. All costs relating to the construction of facilities are capitalized including salaries, employee benefits, contracted services, and materials. Prior to adoption of GASB Statement No. 89 for the current fiscal year, the City also capitalized interest incurred duringthe construction phase of capital assets of business-type activities as part of Page 78 of 1106 a NOTES T FINANCIALSTATEMENTS September 1 1. Summary of Significant Accounting Policies(Continued) M. Capital Assets(Continued) the capitalized cost of the assets constructed. Costs which materially extend the useful life of existing properties are capitalized. However, the City does not capitalize the costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives. Infrastructure assets of the governmental activities are reported in the government-wide financial statements. Governmental activities infrastructure assets include roads, bridges, streets and sidewalks, curbs and gutters, lighting systems and similar assets that are immovable and generally of value only to the City. The City has historically reported infrastructure assets of the business-type activities as capital assets and recorded depreciation on those assets. The City calculates depreciation of capital assets using the straight-line method over the following estimated useful lives of the related assets: Equipment 3-12 years Buildings and other improvements 1040 years Watertwastewaterlstormwater system 15-50 years Infrastructure 15-50 years N. Unavailable/Unearned Revenue Unearned revenue in the Governmental Activities and unavailable revenue in the Governmental Funds includes amounts received in advance for business licenses, grants and long-term receivables for various housing assistance programs provided by the City. Unearned revenue in the Business-type Activities and Proprietary Funds is composed of advance utility payments from customers and other amounts received in advance of the related services being provided by the City. O. Compensated Absences It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits in varying amounts based on length of service. Upon termination, employees are paid accumulated vacation at the pay rate on the date of termination. Employees are compensated for a maximum of 50% of accumulated sick leave upon termination, depending on the employee's hire date and length of service. Compensated absences, including related payroll taxes, are accrued when incurred in the government-wide and proprietary fund financial statements. A liability for these amounts is reported in the governmental funds only if they have matured, for example, as a result of employee resignations and retirements. P. Noncurrent Liabilities In the government wide financial statements and proprietary fund financial statements, long-term debt and other noncurrent obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the term of the respective debt issue using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Debt issuance costs are expensed in the period the debt is issued. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as debt issuance costs, during the current period. The debt issued and premiums received on debt issuances are reported as other financing sources,while discounts on debt are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Page 79 of 1106 mom NOTES TO THE FINANCIAL STATEMENTS September 30,2018 1. Summary of Significant Accounting Policies(Continued) Q. r o /Inflows In addition to assets and liabilities, the government wide statement and proprietary funds statements of net position report a separate section for deferred outflows or deferred inflows of resources. The separate financial statement element, deferred ows of resources, represents a consumption of net position that applies a future period(s) and so will not be recognized as an outflow of resources ( ensele eniture) until that time. The City reports deferred charges on refundings and deferred It to pensions as deferred outflows of resources on the ove ent a statement of net position. The deferred charges on refundings were losses resulting from the difference in the carrying value of refunded debt and its reacquisition price. These amounts are deferred and amortized over the shorter of the life of the refunded or refunding debt. The deferred amounts related to pensions result from differences between expected and actual experience and investment earnings, changes in assumptions, or other actuarial inputs. The deferred amounts are amortized to pension expense in a systematic and rational manner over a period equal to the average expected remaining service lives of employees provided with benefits through the pension plans, including inactive employees. The separate financial statement elemerd, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s)and so will not be recognized as an inflow of resources(revenues) until that time. The City's deferred inflows of resources on the government-wide and proprietary funds statements of not position consist of deferred amounts related to other postemployment ben ( )and pensions. The deferred inflows of resources related to OPEB and pensions results from differences between expected and actual experience which are deferred and included in OPEB and pension expense in a systematic and rational manner over a period equal to the average of the expected remainingservice lives of all employees that are provided with benefits through the OPEB and pension plans (active employees and inactive employees). The City also has one item, unavailable revenues, which arises only under the modified accrual basis of accounting and is reported as a deferred inflow resources on the governmental funds balance shoe. The unavailable revenues include amounts received in advance r business licenses, grants and long-term receivables for various housing assistance programs provided by the City. These amounts are deferred and recognized as an inflow resources in the year that the amounts become available. R. Not Position 1 Fund Balance Net !tion. Net position of thegovernment-wide and proprietary funds are categorized as net investment in capital assets, restricted or unresirkted. Net investment in capital assets is that portion of net position that relates to the s capital assets reduced by the portion of the assets that n acquired through the use of long- term debt. This amount is offset by any unspent debt proceeds that outstanding at fiscal year-end. Restricted net position is that portion of net position that has been restricted for general use by external parties (creditors, grantors, contributors, or laws or regulations of other governments) or imposed y law through constitutional provisions or enabling legislation. government-wideThe not positionl activities restrictedposition business—business4ype activitiesrestricted position and the proprietarytposition reports restricted t position for the following purposes: Public Safety—Net position of the governmental activities are restricted for certain funds that are legally restricted by Florida Statutes to law enforcement capital expenditures and police education. Grant Programs—Net position of the governmental activities are restricted for grant funds that are legally restricted by grantors to allowable costs for specific grant programs. Debt Service—Net position of the governmental activities are restricted for CRA debt service funds that are legally restricted to the payment of principal and interest on the C 's bonded debt. Net position of the business-type activities and the Water and Sewer Fund are restricted for the excess of restricted assets required by revenue bond covenants over the related liabilities payable from those restricted AM Page 80 of 1106 imam, NOTES TO THE FINANCIALSTATEMENTS September 30,2018 1. Summary of Significant Accounting Policies(Continued) R. Net Position 1 Fund Balance(Continued) Capital Projects—Net position of the governmental activities are restricted for local option gas tax funds that are legally restricted by Florida Statutes to capital improvements for roads and streets and the one- cent sales tax surcharge that is restricted for infrastructure projects. Net position of the business-type activities and Water and Sewer Fund are restricted for the excess of restricted assets required for renewal and replacement by bond covenants over the related liabilities payable from those restricted assets. Other Purposes— Net position of the governmental activities are restricted for assets held in trust in the Community Service Fund that are restricted for specific purposes. Unrestricted net position consists of net position not included in net investment in capital assets or restricted. Fund Balance. In the fund financial statements, governmental funds report fund equity classifications that comprise a hierarchy based primarily on the extent to which the City is legally bound to honor the specific purposes for which amounts in fund balance may be spent. The fund balance classifications are summarized as follows: Nonspendable - Nonspendable fund balances include amounts that cannot be spent because they are either: 1)not in spendable form; or, 2)legally or contractually required to be maintained intact. Restricted-Restricted fund balances include amounts that are restricted to specific purposes either by: 1) constraints placed on the use of resources by creditors, grantors, contributors, or laws or regulations of other governments; or, 2) imposed by law through constitutional provisions or enabling legislation. Committed - Committed fund balances include amounts that can only be used for specific purposes pursuant to constraints imposed by the City Commission through an ordinance. Assigned-Assigned fund balances include amounts that are constrained by the City's intent to be used for specific purposes. The City Commission assigns fund balance through the annual budget or by adopting a resolution delegating authority to a City Official or other Board. Unassigned- Unassigned fund balances include amounts that are not assigned to other funds and have not been restricted, committed, or assigned to specific purposes in the General Fund. The unassigned deficit represents the fund balance deficit of certain non-major special revenue funds that will be funded through the future revenues of those funds. The City considers restricted fund balances to be spent when expenditures are incurred for the restricted purpose. The City considers committed, assigned or unassigned fund balances to be spent when expenditures are incurred for purposes for which amounts in any of those fund balance classifications could be used. Minimum Fund Balance Policy. Generally, the City strives to maintain 10% to 20% of the following year's budgeted expenditures to provide for short term revenue fluctuations and other emergency purposes. However, the City has not adopted a formal policy establishing a minimum fund balance requirement. S. Property Taxes Ad valorem property taxes are assessed as of January 1 and levied the following October. Property taxes are due March 31 and become delinquent on April 1. Delinquent tax certificates are sold on June 1 and become a lien on the property. All property taxes are collected by the Palm Beach County Tax Collector and remitted to the City. Revenue is recognized at the time monies are received from Palm Beach County. At September 30, estimated unpaid delinquent taxes are recorded as a receivable and offset by an allowance for estimated uncollectibility. State Statutes permit municipalities to levy property taxes at a rate not to exceed 10 mills($10.00 for each $1,000 of assessed valuation). Page 81 of 1106 i N in NOTES TO THE FINANCIAL STATEMENTS September 30,2018 1. Summary of Significant Accounting Policies(Continued) S. Property Taxes(Continued) During 2007, the Florida Legislature passed prop r legislation li itin the property tax levies of local governments in the State of Florida. Local governments that adopt a property tax levy in excess of the limit under State law will lose their Half-Cent Sales Tax distribution from the State for the succeeding twelve months. For the fiscal year ended September 30, 2018,the maximum tax levy allowed by a majorityvote of the governing body is generally based an a percentagedju m nt applied to the prior year (201612017) property tax revenue. The percentage adjustment is calculated basedon the compound annual growth rate in the per capita property taxes levied for five preceding fiscal years. State law allows local governments to adopt a higher millage rate based on the following approval crf the governing y: 1) a majority vote to adopt a rate equal to the adjusted current year rolled-back mills a rate plus an adjustment for growth in per capita Floridapersonal income; 2) two-thirds vote to adopt a rate equal to the adjusted current year roll back mills a rate plus 10%; or, )any mills e rate approved by unanimous vote of the governing body or voter approved referendum. T. On-behalf The City iv on-behalf payments from the state of Florida to be used for Police OfficersnFirefighters pension benefits. These on-behalf nt are recorded as intergovernmental revenue and public safety expenditures in the GAAP basis nt-wide and General Fund financial statements, but are not budgeted and therefore are not included in the General Fund budgetary comparison statement. On-behalf payments to the City totaled$1,614,628 for the fiscal year ended September 30, 2018. U. Interfund Transactions Transactions between funds during the year consisted of loans, services provided, reimbursements and transfers. Loans aported in the fund financial statements as DueFunds and Due to Other Funs as appropriate and are subjectto elimination in the government-widefinancial statements. The outstanding n s between funds result mainly from the time leg between the dates that 1) interfund goods and services provided r reimbursable expenditures occur, (2) transactions in the accounting system, and ( ) payments between funds are made. Services, deemed to be reasonablyequivalent in value, are treated as revenue and expenditures/expenses. Reimbursements are when one fund incura a cost, charges the appropriate benefiting fund and reduces cost as a reimbursement. All other interfund transactions are presented as transfers. Trans in the governmental and business-type activities are eliminated in the o - i e financial statements. V. Use of Estimates Management uses estimates and assumptions in preparing financial statements in accordance with GAAP.Those estimatessptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expensestexpenditures. Actual results could estimates t t were used. W. Implementation Statements The following GASB Statements were effective for the City during the fiscal year ended September 30,2018: SB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, established new accounting and financial reporting requirements for governments whose employees are provided with other postemployment benefits (OPEB), as well as certain nonemployer governments that have a legal obligation to provide financial support for OPEB provided to employees of other entities. Page 82 of 1106 MMM11 I NOTES TO THE FINANCIALSTATEMENT September 3 ,2018 1. Summary of Significant Accounting Policies(Continued) W. implementation of GASB Statements(Continued) • GASB Statement No. 81, Irrevocable Split-interest Agreements, provided accounting and financial reporting guidance for irrevocable split-interest agreements in which a government is a beneficiary and required a government recognize assets representing the beneficial interest in the irrevocable split-interest agreement administered by a third party if the government controls the present service capacity of the beneficial interests. • GASB Statement No. 85, Omnibus 2017, addressed practice issues that have been identified during implementation and application of certain GASB Statements including topics related to blending component units, goodwill,fair value measurement and application, and postemployment benefits. • GASB Statement No. 86, Certain Debt Extinguishment Issues, provided consistency in accounting and financial reporting for in-substance defeasance of debt by providing guidance for transactions in which only existing resources, other than the proceeds of refunding debt, are placed in an irrevocable trust for the sole purpose of extinguishing debt. This statement also addressed accounting and financial reporting for prepaid insurance on debt that is extinguished and disclosures for debt that is defeased in-substance. In addition, the City early adopted the provisions of GASB Statement No. 89, Accounting for Interest Cost Incurred Before the End of a Construction Period, which required that interest cost incurred before the end of a construction period be recognized as an expense in the period in which the cost is incurred for financial statements prepared using the economic resources measurement focus. Restatement for Implementation of GASB Statements—The implementation of GASB Statement No. 75 resulted in a restatement that decreased the beginning net position of the City's government-wide financial statements by $1,422,213 and decreased the beginning net position of Proprietary Funds financial statements by$2,367,540, to record the total OPEB liability for the City's defined benefit OPEB plans at October 1, 2017. The implementation of other GASB Statements effective for the year ended September 30, 2018 had no effect on the previously reported amounts in the City's financial statements. X. Recent Accounting Pronouncements The Governmental Accounting Standards Board has also issued new Statements effective in future years. Management has not completed its analysis of the effects, if any, of these GASB statements on the financial statements of the City: • GASB Statement No. 83, Certain Asset Retirement Obligations, addresses accounting and financial reporting for certain asset retirement obligations (AROs). Statement No. 83 establishes criteria for determining the timing and pattern of recognition of a liability and a corresponding deferred outflow of resources for AROs. Statement No. 83 also requires disclosure of information about the government's AROs, including the methods and assumptions used for estimating liabilities and the estimated remaining useful life of the associated tangible capital assets. The requirements of this statement will be effective for the City for the fiscal year ending September 30, 2019. • GASB Statement No. 84, Fiduciary Activities, establishes criteria for identifying fiduciary activities of all state and local governments.The focus of the criteria is on (1)whether a govemment is controlling the assets of the fiduciary activity, and (2) the beneficiaries with whom a fiduciary relationship exists. Separate criteria are included to identify fiduciary component units and postemployment benefit arrangements that are fiduciary activities. The requirements of this statement will be effective for the City for the fiscal year ending September 30,2020. Page 83 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,209 1. Summary of Significant Accounting Policiesti ) Recent Accounting Pronouncements(Continued) • GASB Statement No. 87, Leases, add ss accounting and financial reporting for leases by governments. The statement requires recognition of certain lease assets and liabilities for leases that previously were classified operating leases and recognized as inflows of resources or outflows resources based on the payment provisions of the contract. The requirements of this statement will be effective for the City for the fiscal year ending September 30,2021. • GASBS eent No. 88, Certain Disclosures Related to Debt, Including Direct Borrowings and Direct Placements, addresses the in tion that is disclosed in notes to government financial statements related to debt, including i borrowings and direct placements. The Statement requires additional note disclosures regarding debt, including unused lines of credit, assets pledged as collateral for debt, and terms specified in debt agreements related to significant events of default with finance fated consequences, significant termination events with finance related consequences and significant acceleration provisions. The requirements of this statement will be effective for the City for the fiscal year ending September 30,2019. GASBI Statement No. 90, Majorily EquityInterests—an Amendment of GASB Statements No. 14 and No. 61, defines a majority u" interest and specifies the basis for measurement of a majority equity interest in a legally separate organization. The requirements of this statement will be effective fbr the City for the fiscal year ending September 30, 2020. 2. Stewardship, lia Accountability A. Concentraflon of Credit Risk The City performs ongoing credit evaluations of its customers n I os not require collateral, except for customer deposits in the City's Water and Sewer Fund. The City maintains an allowance for uncollectible accounts t a level which management believes is sufficient to cover potential credit losses. Generally, the allowanceincludes accounts r 90 days past due. Accounts receivable are written off on an individual basis in the year the City deems them uncollectible. Subsequent collections on accounts that previously recordedare as revenue in the year received. B. Encumbrances Encumbrance ou i , under which purchase orders, contracts and other commitments for the expenditure funds are recordedin order to reserve that portion of the applicable appropriation, is employed as part of the budgetary accounting to in the general, special revenue and capital projects funds. The City records encumbrances s an appropriation of fund balance until expended or accrued as a liability of the fund. C. Budgets and the Budgeting The City follows these procedures in establishing the budgetary date reflected in the financials me 1) Prior to July 15, the City Manager submits a tentative budget to the City Commission for consideration and approval. The budget is prepared by fund, function and activity, and is made available to the public at this time. 2) Informal budget workshops are held by the City Commission to review the proposed budget and to obtain public comment. ) The City advises the Palm Beach County Tax Collector of the proposed millage rate, the rolled—back millage rate, and the day,time and place of the public hearing r budget acceptance. The public hearing is hold to obtain final taxpayer input and to adopt the final budget. Page 84 of 1106 i NOTES TO THE FINANCIAL STATEMENTS September 1 2. Stewardship,Compliance,and Accountability(Continued) C. Budgets and the Budgeting Process(Continued) 5) The budget and related millage rates are legally enacted through passage of an ordinance. 6) Changes or amendments to the total budgeted expenditures of a fund and transfers between funds must be approved by the City Commission. There were four budget amendments that increased the General Fund budgeted revenues and expenditures by$4,246,145 for the year ended September 30, 2018. Various other non-major funds were adjusted to recognize additional revenues and unforeseen expenditures and to provide a budget for various transfers, including a wage increase for employees. Department heads may transfer appropriations within a department with the approval of the Financial Services Department. Changes or amendments to total budgeted expenditures of a department require approval of the City Manager.Accordingly, the legal level of control for budget appropriations is exercised at the fund level. Appropriated budgets are legally adopted on a modified-accrual basis, excluding General Fund on-behalf payments from the State for Police Officers' and Firefighters' pensions, for the following funds: 1) General Fund; 2) Boynton Beach CRA Special Revenue, Local Option Gas Tax, Community Improvements, Public Art, Recreation Program, Boynton Beach Memorial Park (special revenue funds); 3) Public Service Tax Debt Service (debt service fund); and, 4) General Capital Improvements (capital projects fund). The General Fund revenues and expenditures reported in the Statement of Revenues, Expenditures and Changes in Fund Balances—Budget and Actual differ from the revenues and expenditures reported on the GAAP Basis. The General Fund differences are reconciled as follows: Revenues a itu s Budgetary basis 71,191,508 84,929,647 On-behalf payments for pension benefits 11,614,628 1.614,62 GAAP basis 00,5412Z5 Non-appropriated budgets are prepared for the City's enterprise funds (Water and Sewer Fund, Sanitation Fund, and Golf Course Fund) and internal service funds (Vehicle Service Fund, Warehouse Fund and Self Insurance Fund). The operations of the following funds: 1) Grants, FEMA Hurricane, SHIP Grant, CDBG Grant, Traffic Safety, Green Building and Community Services (special revenue funds); 2) Boynton Beach CRA Debt Service (debt service fund); 3) Parks&Recreational Facilities, Boynton Beach CRA Bond Projects and Local Government Surtax Improvement(capital projects funds); and,4)all fiduciary funds are non-budgeted financial activities. D. Deficit Fund Equity The Grants Fund and Community Improvements Fund (special revenue funds) had deficit fund balances of $137,454 and $81,797, respectively, at September 30, 2018. For the Grants Fund, the deficit was caused by program expenditures that were paid but not eligible for reimbursement until 60 days after the end of the current fiscal year. For the Community Improvements Fund, the deficit was caused by lower than expected revenues for the City's low-income home improvement program. The City anticipates receiving these funds or cutting expenditures for these programs in fiscal year 2019. The expenditures within this fund have been consistent; however, the revenues fluctuate year to year. The City anticipates that revenues will increase over the next two fiscal years as larger new projects begin. The Sanitation Fund (proprietary fund) had a deficit net position of$3,505,866 at September 30, 2018. The deficit was originally caused by the implementation of GASB Statement 68. The City plans to recover the deficit over several years from future operating revenues. The Warehouse Fund and Self Insurance Fund (internal service funds) had a deficit net position of $135,064 and $2,977,792, respectively, at September 30, 2018, which was caused by the implementation of GASB Statement 68 and higher than anticipated claims payouts for the Self Insurance Fund, The City plans to increase charges over the next two fiscal years to cover the deficits. Page 85 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2018 3. Detailed t on All Funds A. Deposits;with Financiall i i The City's deposits with financial institutions were entirely covered by a combination of federal depository insurance and a collateral pool pledged to the State Treasurer l y financial institutions which comply With the requirements of Florida Statutes and have been designated as a qualffied public depositoty. Qualified public depositories are required to pledge collateral to the State Treasurer t a market value equal to a percentage of the average daily ala of all governmental deposits in excess of available federal deposit insurance. In the event of a default by a qualified public depository, all claims for government deposits would satisfiedfrom the federal deposit insurance, pledged collateral and, if necessary, an assessment to other qualified public depositories. Accordingly,the Citys deposits are considered fully insured or collateralized. B. Investments The has adopted an investment policy to establish guidelines for the efficient management of its cash reserves, The investment policy limits itted investments to the Nkrwing: Government uritis and U.S. Government Agency obligations; b. Florida Prime administered by the Florida State Board of Administration; c. Florida Municipal Investment Trust administered by the Florida League of Cities; d. Certificates of deposit or savings accounts in State-certified qualified public depositories; e. Repurchase agreements; f. Money market mutual funds, with portfolios limited to direct obligations of the U.S. Government or any Agency or Instrumentality thereof; g. Commercial paper of any U.S. company that is rated at l 'P-10 by o y's and " -1" by Standard oor' (S& ); and, h. Corporate notes issued by U.S. corporations or by depository institutions licensed by the United States that have a long-term debt rating at the time of purchase, of at t °by Moody's and uAK by . The investment policy of the General Employees' Pension Fund limits investments to the following: a. Direct obligations of the U.S. Government with a maturity of one year or less; b. Commercial paper with a maturity of 270 days or less and rat 'Prime 1"by ooy's and"A-1"by ; c. A money market mutual fund or short term investment fund prorvided by the Plan's custodian; . Bankers Acceptances issued y the largest 50 banks in the United States(in terms of total assets); a. Corporate oblig ions issued by a corporation organized under the laws of the United States, any state or organized territory of the United , or the District of Columbia; f. Fixed income securities below investment g ( )cannot 15%of the fixed incomeportfolio; g. The duration of the fixed income portfolio cannot exceed 135% of the duration of the Barclays Capital Aggregate Bond Index; h. Mortgage-backed securities guaranteed or fully insured by Ginnie Mae (formerly the Government National Mortgage Association), the Federal Home Loan Mortgage Corporation (FHL C), Fannie Mae (formerly the Federal National Mortgage Association), or rated"Aa " by Moody' or" " by S ; i. Common stocks, with investments in stocks of foreign companies limited to 20% (at cost) of the total investment portfolio and stocks publicly traded for less than one year limited to 15%®of the equity portfolio; J. Mutual funds, commingled funds, limited partnerships, real estate held in commingled funds, and absolute or real return investments held in commingled funds. Page 86 of 1106 Nil MID NOTES TO T ._ FINANCIAL STATEMENTS_ September 30,2018 3. Detailed Notes on All Funds(Continued' B. Investments(Continued) The investment policy of the Police Officers' Pension Fund limits investments to the following: a. Time or saving accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings and loan association insured by the Saving Insurance Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund; b. Obligations issued by the U.S. Government or obligations guaranteed as to principal and interest by the government of the United States; c. Bonds issued by the State of Israel; d. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States or the District of Columbia provided the corporation is listed on one or more of the recognized national exchanges or on the National Market System of the NASDAQ stock market and, in the case of bonds only,the average rating of such bonds shall be no lower than`AK by S&P; e. Real estate investment trusts(REITs and, f. Commingled stock, bond, or money market funds and institutional mutual funds whose investments are restricted to securities meeting the criteria outlined above. Investments in stocks and convertible securities are limited to 65%of the portfolio cost. Investments of the Firefighters' Pension Fund are subject to limitations set forth in Florida Statute Section 215.47 and are limited to the following: a. Bonds, notes, or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof and notes, bonds,or other obligations of agencies of the United States; b. State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full faith and credit of the state; c. Certificates of deposit or savings accounts in state certified qualified public depositories; d. Bankers Acceptances, which are accepted by a member bank of the Federal Reserve System having total deposits of not less than$400 million; e. Commercial paper, of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service; f. Negotiable certificates of deposit by domestic or foreign financial institutions in United States dollars; g. Common stocks, preferred stocks, pooled equity funds, and foreign stocks provided that the investments in stocks and convertible securities are limited to 70%of the portfolio cost; and, h. Securities of, or other interests in any open-end or closed-end management type investment company or investment trust registered under the investment Company Act of 1940, wherein the portfolio is limited to U.S. Government obligations and to repurchase agreements fully collateralized by such U.S. Government obligations. Page 87 of 1106 i NOTES TO THE FINANCIAL STATEMENTS September 30,201 3. Detailed NotesII (Continued) B. Investments(Continued) summary of deposits and investments reported on the statement of net position and statement of fiduciary net position for the City is as follows: ftoled Cash and Investinants Pension Cash and Investments Unrestricted ei d Cash Investments Governmental activities ,273,062 = - $ - 55,273,062 Business-type activities26 .058 62.4 .995 - 88,861,053 Total statement of not position 81.519,120 62,4 ,995 - 143,9 ,115 Pension Trust Funds - 1,189,529 3 3.14 366,082,677 Total deposits and investments The followingu scomponents of the C° pooled cash and investments, cas n investments t September , 1 : Fair Value Unrestricted stri d Pension Cash: Petty cash $ 6,2 - Deposits with financial institutions 48.625. 1_6 844 5 1.189.52 Total cash 48,631,333 16,844,586 1,189,529 Investments: Money market mutual funds 32,877,787 a 5,253,913 Florida Municipal Investment Trust: 0-2 Year High Quality Bond Fund 4,641,615 1-3 Year High Quality Bond Fund 22,462,410 - Intermediate High Quality Bond Fund - 18,486,384 U.S.Government and Agency obligations - - 23,280,160 Mortgage-backed securities - 3,819.593 Corporate obligations - - 11,604,631 Fixed income investment funds - - 8,180,050 Equity securities - - 94,988,032 Equity mutual funds - 47,536,140 Equity investment funds 37,311,420 International equity investinent funds ro 18,061,651 Alternative investments: Equity investment funds - 65, 5,141 Fixed income investment funds - 33,520.844 Real estate investment funds 45.791.573 Total investments ...C5,510.409 394 .i TOTAL 1. 1 _ 2.43 . 5 L__AJLQA= Fair Value of Investments: The City follows the provisions of GASB Statement No. 72, Fair Value Mewurement and Application, which establishes a framework for measuring the fair value of investments in a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives highest priority to unadjusted quoted prices in active markets for identical assets(Level 1 measurements)and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy under GASB Statement No. 72 are described below: Level1: Inputs to the valuation methodology are unadjusted quoted prices for identical assets in active markets that the City has the ability to access at the measurement date. I Page 88 of 1106 ir NOTES TO THE FINANCIAL September 30,2018 3. Detailed NotesAll Fun (Continued) B. Investments(Continued) Level 2: Inputs to the valuation methodology include the following: • Quoted prices for similar assets in active markets. • Quoted prices for identical or similar assets in inactive markets. • Inputs other than quoted prices that are observable for the assets. • Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset has a specified contractual term,the Level 2 input must be observable for substantially the full term of the asset. Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement. These unobservable inputs reflect the entity's own estimates for assumptions that market participants would use in pricing the asset or liability. Valuation techniques would typically include discounted cash flow models and similar techniques, but may also include the use of market prices of assets that are not directly comparable to the subject asset. The fair value measurement of an asset within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. The categorization of an investment within the fair value hierarchy is based upon the pricing transparency of the investment and does not necessarily correspond to the City's perceived risk of that investment. Valuation Methodologies: The valuation methods and assumptions used by the City in estimating the fair value of financial instruments measured at fair value on a recurring basis under GASB Statement No.72,were as follows: Equity securities, equity investment funds and equity mutual funds: Valued at the closing price or net asset value reported on the active exchange on which the individual securities and mutual funds are actively traded. U.S. Govemment and Agency obligations, mortgage-backed securities, corporate obligations and fixed income investment funds: Valued at the closing price reported on the active exchange on which the individual securities are actively traded. Securities that are not actively traded are valued by the investment manager using a matrix pricing technique based on the securities' relationship to quoted benchmark prices. Certain fixed income investment funds include private corporate obligations that are not traded and are valued by the investment manager using proprietary models. Investments measured at net asset value (NAV): The Florida Municipal Investment Trust, certain equity investment funds, certain fixed income investment funds and real estate investment funds are valued at the unadjusted NAV per share at September 30, 2018, calculated in a manner consistent with GAAP for external governmental investment pools and private investment companies based on the fair value of the underlying fund investments as determined by the fund manager, if available, or by valuations of a fund's underlying assets as provided by the general partner or investment manager, since the assets are not publicly traded. Real estate values are based upon appraisals performed for assets held by the fund, or estimated by the fund manager, if appraisals are not performed or available.The fair value of real estate is the price that would be received if the asset was sold to a market participant assuming the highest and best use of each asset at the measurement date. The equity and fixed income investment funds are not publicly traded and invest in various types of equity or fixed income securities, as applicable. These alternative investment funds may hold certain investments which may be valued by a single market maker. While the fund managers use their best judgment in estimating the fair values of underlying investments, there are inherent limitations in any estimation technique. Accordingly, the fair values of the investment funds may be estimated by the management of the pension funds and their investment advisors in the absence of readily ascertainable market values. I Page 89 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2018 3. Detailed I (Continued) B. Investments(Continued) The methods and assumptions described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. While the City believes its valuation methodologies are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine fair value of certain financial instruments could result in a different fair value measurement at the porting date. There were no changes in the methods and assumptions used for the year ended September 30, 2018. Fair Value of Investments: The financial assets measured t fair value on a recurring basis include the City's investments. There were no liabilities measured at fair value on a recurring basis at September 30, 2018. The fair value of the City's investments at September 30, 2018 is summarized as follows: I W-1 — Level l°' I 1 _. LdMI Fixed Income Investments U-S.Government and Agency obligations $ $ 23,280,160 $ - $ 23,2 ,160 Mortgage-backed securities 3,819,593 3,819,593 Corporate obligations - 11,604,631 11,604.631 Fbad income investment funds -6697654 1,482,396 _ 8,100,050 Total debt securities 45.402.03811.482.396 46,894,AM Equity Investments Equity securities 94,988,032 - 94,988.032 Equity mutual funds 47,536,140 47,536,140 Equity investment funds 37,311,420 - - 37,311,420 International equity investment ftsids 18.061°651 1LO-61.651 Total equity securities 197.897. 1 . 7.243 Total Investments by level 197. 97.2 2_ 1. 2. .7 1.677 Investments a ure at NAV Florida Municipal Investment Trust 45,5 ,409 Alternative investment funds: Equity investment funds 65.545,141 Fbmd income Investment funds 33,520,844 Real estate investment funds 45J791,573 Total investments at NAV 190. 7. 7 Total fair value 5 435.229.644 The reported ftir values for the alternative investment funds may differ significantly from the values that would have been used hada ready market for the underlying funds existed and the differences could be material. Future confirming events will effect the estimates of fair value, and the effect of such events on the estimates of fair value could be material. The alternative investment funds also expose the pension funds to additional investment risks, including liquidity risks; counterparty and custody risks; foreign political, economic and governmental risks; and, market risk. The fixed income alternative investment funds have a remaining funding commitment of$1,246,753 at September 30, 2018. There were no lock-up periods for any investments at September 30, 2018. The alternative investment funds were redeemable with advance notice and approval of the investment fund manager. Page 90 of 1106 ............._. . NOTESjil I -_STATEMENTS- September 3. Detailed ote on All Fun (Continued) B. Investments(Continued) Credit RIW Credit risk is the risk that a debt issuer will not fulfill its obligations. The investment policies of the City and the pension funds utilize portfolio diversification to control this risk as well as limiting investments to investment grade(BBB)securities as rated by nationally recognized statistical rating agencies at the time of purchase.The S&P rating for each Florida Municipal Investment Trust investment pool was AAAI and money market mutual funds were rated AAAm.The S&P ratings for the Pension Funds' investments at September 30, 2018, are summarized as follows: Investment Tvoe Ralno Fair Value U.S.Government and Agency obligations AAA to AA $ 23,280,160 Mortgage-backed securities Not Rated 3,819,593 Corporate obligations AA+to B 11,604,631 Fixed income investment funds AA 29,173,271 Fixed income investment funds Not Rated 12,527,623 Custodial Credit Risk: Custodial credit risk is defined as the risk that the City may not recover cash and investments held by another party in the event of financial failure. The City investment policy requires cash and investments to be fully insured or collateralized, or held in independent custodial safekeeping accounts in the City's name. At September 30, 2018, all investments were held in independent custodial safekeeping accounts, except for investments considered unclassified pursuant to GASB Statement No. 3, as amended, which include the Florida Municipal Investment Trust funds, money market mutual funds, equity mutual funds, equity and fixed income investment funds and real estate investment funds. Concentration of Credit Risk:Concentration of credit risk is defined as the risk of loss attributed to the magnitude of an investment in a single issuer. For all investments of the City, including those in the City's three pension funds, securities of a single issuer are limited to no more than 5%of the Plan's total investments. Interest Rafe Risk. Interest rate risk is the risk that changes in interest rates will adversely affect the fair value of an investment in debt securities. Generally, the longer the time to maturity, the greater the exposure to interest rate risks.The City's investment policy limits the maturities of investments to five years from the date of purchase, unless the investment is matched with a specific cash flow. The investment policies of the three pension funds provide no specific limitations on the maturity of investments, but require the investment portfolios to be structured in a manner as to provide sufficient liquidity to pay obligations as they come due. To the extent possible, investment maturities are matched with known cash needs and anticipated cash-flow requirements. The table below summarizes the scheduled maturities of fixed income investments of the City's General Employees' Pension Trust Fund at September 30, 2018: air Value of I nvestmenj Maturities Less Than One to Six to More Than One Year Five Years Ten Years Ten Years General Employees'Pension Trust Fund; U.S. Government and Agency obligations $ 294,210 $ 3,393,433 4,364,531 3,530,049 Mortgage-backed securities 148,127 3,671,466 Corporate obligations 63. 5.083. 35 1.506,378 203.718 Total Fair Value S 357,25B A.477.26 7.405.233 Page 91 of 1106 i NINE NOTES TO THE FINANCIAL STATEMENTS September 1 3. Detailed Notes on All Funds(Continued) B. Investments (Continued) The table belowsummarizes h iv tion oft investments in the FloridaMunicipal Investment Trust funs and the fixed income investments of the Police Officers' and Firefighters' Pension at September 30, 2018: Fair Effective Value Duration City-Florida Municipal Investment Trust: 0-2 Year High Quality Bond Fund 4,641,615 0.67 years 1-3 Year High Quality Bond Fund 22,462,410 1.44 years Intermediate High Quality Bond Fund 18, ,384 3.75 years Police Officers'Pension Fund: Fixed Income investment funds 29,173,271 6.3 years Firefighters'Pension Fund: U.S.Government and Agency obligations 11,697,937 4.8 years Corporate obligations 4,747,654 4.6 years Fixed income investment funds 12,527,623 Unknown The average effective duration of the money market mutual fund investments held by the City and its pension trust funds is less than 90 days. F n Cu rrc fsk. Foreign currency risk includes the risk of revaluation of currencies, high rates of inflation, repatriation restrictions on income and capital, and future adverse political, social, and economic developments. Moreover, securities of foreign governments may be less liquid, subject to delayed settlements, taxation on realized and unrealized gains, and their price may be more volatile than those of comparable securities in U.S. Companies. At September 30, 2018 the Pension Trust Funds' investments included $18,061,651 invested in a U.S.dollar denominated intemational equity investment fund. Other ss: The value, liquidity, and related income of certain securities held by F IT and in the City's Pension Trust Funds that have contractual cash flows, such asmortgage-backed securities, collateralized age obligations, and alternative investments or mutual funds investing in these types of securities or entities, are particularly sensitive to changes in financial markets and economic conditions, including real estate values, delinquencies or defaults, or both, and may be adversely affected y shifts in the market's perception of the issuers and changes in interest rates. In addition, such securities are also subject to prepayment risk and liquidity risk which can adversely affect the fair value and/or income of the investment. Due to the various risks associated with the City's investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying financial statements. Page 92 of 1106 mill NOTES TO THE FINANCIAL September 30,2018 . Detailed Notes on All Funds(Continued) C. Receivables Receivables(excluding restricted assets-accounts receivable)for the City's individual major funds and non-major funds in the aggregate, including the applicable allowances for uncollectible accounts, at September 30, 2018 are as follows: Allowances Delinquent Receivables. Receivables, Due From Public for Total Property Billed Unbilled Other Services Uncollectible Receivables, Taxes Services Services Govemments Taxes Accounts Net General Fund $ 284,728 $ 6,318,765 $ - 3 618,702 $ - $ (2,398,363) $ 4,282,832 Boynton Beach CRA Special Revenue Fund - 7,128 7,128 Non-Major Governmental Funds - 112,247 57,205 926,644 555,934 (9,438) 1,642,592 Water and Sewer Fund 3,548,987 1,968,813 - (421,794) 5,096,006 Sanitation Fund 1,290,482 449,743 5,907 (462,603) 1,283,529 Other Non-Major Enterprise Fund - 3.525 - - 3.525 Total 2 tZ28 11_�8i.1. S 2.475.781 1.551.253 S 555.9 S d3.833.1981 S 12.815.612 The amounts due from other governments at September 30, 2018 are summarized as follows: Due from Palm Beach County S 234,558 Due from State of Florida 1,311,632 Due from U.S.Government 5.063 Total due from other governments S 1.551.253 The CRA established a Homebuyer Assistance Program to assist residents with the purchase of a home by providing a subsidy of up to$50,000 per homeowner. The subsidy is secured by a mortgage and a note payable on the residence, which require repayment by the property owner only under certain circumstances, such as the sale of the property, and is forgiven if the homeowner remains in the home for the full term specified in the agreement. The amount of these notes receivable outstanding at September 30, 2018, totaled $1,394,672. Given the nature of these loans and that there is no right to demand payment; the CRA does not expect to collect the receivables. Accordingly, the CRA charges the homeowner loans to expenditures when approved and does not recognize these notes receivable in the financial statements. The City has a Community Development Block Grant with the U.S. Department of Housing and Urban Development (HUD) to assist local property owners with rehabilitation and preservation of their personal residence.The assistance is secured by a mortgage note payable on the residence,which requires repayment by the property owner only under certain circumstances, such as the sale of the property, and is forgiven if the property owner remains in the property for the full term specified in the agreement, typically ten years. The amount of these mortgages receivable outstanding at September 30, 2018 totaled $4,246,279. Given the nature of these loans and that there is no right to demand payment; the City does not expect to collect the receivables. Accordingly, the City charges the homeowner loans to expenditures when approved and does not recognize these notes receivable in the financial statements. D. Restricted Assets In connection with City ordinances governing the issuance of water and sewer system revenue bonds, the City is required to invest and restrict pooled cash and investments and accounts receivable held for customer deposits, bond requirements and unspent bond proceeds held for capital improvements of the water and sewer system. I Page 93 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30, 1 3. Detailed Notes on All Funds(Continued) D. Restricted (Continued) The restricted assets and liabilities payable from restricted assets in the Water and Sewer Fund at September 30, 2018,are summarized as follows: Restricted r Customer Revenue Bond Capital o its Covenants Improvements To I Pooled cash and investments 1,441,762 $ 7,331.384 $ 53,661,849 62,434,995 Accounts iva .7 .722 Total restricted assets 1,480,484 7,331,384 53,661,849 62,473,717 as Pgable Customer deposits (1,480,484) - - (1,480.484) Revenue bonds payable, current (3,605.000) - (3,605,000) revenueAomed bond Interest - (1,427.000) (1,427,000) Contracts payable ( . .265) Q 265) Total li ili° s1.480.484) J5.93-2000) (2.454.265) (8,966749 Net restricted - 2,299,384 51,207,584 53.5 06,968 Less unspent bond proceeds allocated to revenue bonds payable - (51,207°5 ) (51.207.5 ) Net position restricled for revenue bond covenants _ ---------------------------------= —2_�._� ----® S 2299,3134 E. Investment in Regional Wastewater Treatment Plant 11974, the City joined with the City of Delray Beach to form the South Central Regional Wastewater Treatment and Disposal Board (the " o °), an independent special district. The Board, which is governed composed of the Commission members from each city, oversees the operation of the Regional Wastewater Treatment Plant which servicescities and surrounding areas.The interlocal amnt between the City and the City of Delray Beach specifies the Board has the authority to accept and disburse funds, transact business and enter into contracts for budgeted items. In addition,the Board has the authority, subject to approval by a majorityvote of each City Commission before becoming effective,t t an annual budget, establish rates and charges for operations, maintenance, expansion and construction, enter into contracts for non-budgeted items and authorize the return of any surplus funds or levy additional charges for deficits of the Board to the respectivecities. No debt has been authorized or issued by the Board. Ownership of the Regional Wastewater Treatment Plant is vested proportionately with the cities in accordance with the capital investments of each city,which to date are approximately5 each.The Board charges eachcity r ft share of the Board'soperating expenses based on the percentage flow of wastewater from each city. For the year ended September 3 , 2018, the City accounted for approximately 0% of the total wastewater ffaw treated by the Board, and approximately 50 the Board's operating s were billed to the City. The City accounts for its investment in the Board as a joint venture on the equity method of accounting. At September 30, 2018, the City's 50% equfty interest in the net position of the Board totaled $18,256,101 plus land purchased by the City in the amount of$554,612 for a total investment 18,810,713. This investment has been included in the City's Water and Sewer Enterprise Fund statement of net position as Investment in Joint Venture. At September 30, 2018, the City hada receivable from and a payable to the Board of$428,793 and $324,522, respectively. For the year ended September 30, 2018, the City paid approximately $5.1 million to the Board for operating expenses, repairs and replacement and capital charges. Each individual city is responsible for setting e rates and collecting charges for wastewater disposal from customers °thin its jurisdiction. Financial information relating to the Board as of and for the years endedr 3 , 2018 and2017 is as fol) Page 94 of 1106 NOTES TO THE FINANCIAL September 30,2018 3. Detailed Notes on All Funds(Continued) E. Investment in Regional Wastewater Treatment plant(Continued) Not Position 2018 2017 Current and other assets 23,689,000 7,466,000 Capital assets,net 29A32.000 31,802.000 Total assets 53,329,000 39,268,000 Current liabilities 1,669,000 1,183,000 Noncurrent liabilities 15139 000 75.000 Total liabilities 16.808,000 1.258.000 Net position ss.513, a 3 .01 . 00 Changes In Not Positio Charges for services $ 7,745,000 $ 7,625,000 Capital grants and contributions 2,053,000 1,000,000 Operating expenses � (10,647,000) (10,492.000) Operating loss (849,000) (1,867,000) Investment and other revenues 102,000 121,000 Transfers to joint venture participants (750.000) (953.000) Changes in net position 8 1-497.0001 S� 12.899.0 ) Separate, audited financial statements of the Board can be obtained by contacting the South Central Regional Wastewater Treatment and Disposal Board, 1801 North Congress Avenue, Delray Beach, FL 33445. i Page 95 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2018 3. Deftiled Notes on All Fun (Continued) F. Capital Assets Capital asset activlty f6r the year ended September 30, 2018,was as follows: Beginning Ending elan R classifi Additions Balance G�y_emMental actlyrdes Non-depreclable assets: Land 37,624,154 $ 1,660, $ (6,214,144) ,070,853 Construction in progress 677.677 {4.490) 1.116.298 (24.252] 1_.765,233 Total non-depreciable assets 38.301.831 L4.490) 2.777.141 6 2 396 .086 Depreciable : Buildings d improvements 99,535, 8 - 2,034,828 - 101,570,398 Machinery, quip n, and vehicles3,94 ,677 4,490 7, 6,670 (1,917,406) 69,383,431 Infrastructure 15,987. 15. 7.343 Total p assets17 .472.588 4.4 - _ ,381 498 11.917,4 ISO, 1 17 Less accumulated depreciation: Buildings and improvements (62,126,311) - (2,692,359) (64,818,670) Machinery,equipment,and vehicles (52,671,907) - (4,923,345) 1,917,406 (55,677,846) Infrastructure (12.371.971) - ___j451&17) {1 3.788) Total accumulated depreciation (127.170.189) - __IAQ67 521 1.917.4 -133 -= ) Total depreciable assets, net 52.302.399 4.49 1.313.977 5 Governmental cti °ies capital assets, t 6 230 - 4.091.91 (6.238.396) $ 962 Beginning Ending Ian eclassi tions ltion l °ons Balance BusinaMcbMg ggtyjV@j Non-depreciable a . Land $ 5,132,225 $ - $ - 5,132,225 Intangible 2,910,000 10,000 Construction in progress 7.839,076 5.017.362 (23.228) 332 Total non-depreciable assets 15.881.301 - 5 017 62 (23.228) 0. 75.435 Depreciable assets: Buildings and improvements 120,867,001 - - 120, 7,001 Utility lines 188,299,244 - - 188,299,244 WGILS 21,924,533 21,924,533 Goff course improvements 2,941,303 - 42,414 (355,572) 2,628,145 Machinery, uipment,and vehicles .5 .698 3.550.343 LQ4,7063 . 335 Total depreciable assets0,779 3.592.757 (L20,27fi M,ZJ3,258 Less accumulated depreciation: Buildings and improvements (58,849,231) - (4,476,305) ( 3, 5,536) Utility lin (85,322,031) - (6,786,809) - (92,108,840) wells (18,952,558) - (694,153) - (19,646,711) Golf courseimprovements (2,592,622) - (82,109) 355,572 (2,319,159) Machinery,equipment,and vehicles [ 1.248) - (630.959) 89.900 ( 2.307 Total accumulated depreciation (193.757.690) - {12.670.335) 5.472 (2 2.553) Total depreciable assets, net 159.783.089 (9.077,57 ) 25.1 160730705 Business-type activities capital assets, net 1 6 1 0.21 ) 1.9ss 9 140 I Page 96 of 1106 oil NOTES TO THE FINANCIALT T _ September 30,2018 3. Detailed Notes on All Funds(Continued) F. Capital Assets(Continued) Depreciation expense was charged to programstfunctions as follows: Governmental activities General government $ 526,265 Public safety 967,173 Physical environment 784,484 Economic environment 1,301 Culture and recreation 1,775,189 Capital assets of the City's internal service funds are charged to functions based on their usage of the assets 3,783,380 Blended component unit 229,729 Total depreciation—governmental activities 8- 7,521 Bu6inesl-&Re activities Water and sewer $ 12,540,654 Sanitation 1,298 Non-major enterprise fund: Golf course 12%383 Total depreciation—business-type activities ! 12.670.335 G. Interfund Receivables and Payabies Interfund receivable and payable balances at September 30,2018, are summarized as follows: Interfund Interfund Receivables Payables General Fund $ 3,405,698 $ 2,000,000 Special Revenue Funds: Grants Fund - 107,875 CDBG Grant Fund 106,027 Capital Improvements Fund - 10,526 Capital Projects fund 2,000,000 - General Capital Improvements Fund Sanitation Fund - 1,745,031 Golf Course Fund - 974,160 Internal Service Fund: Warehouse Fund 462.079 Total 5,405,595 5 405.698 The outstanding balances among funds result mainly from the time lag between the dates that(1)interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting system, and (3) payments between funds are made. These balances also include the amount of working capital loans made to various funds that the General Fund expects to collect in the subsequent year. Page 97 of 1106 TES TO THE FINANCIAL STATEMENTS September 30,2018 3. filed Notes on All Fun (Continued) H. Interfund Transfers Non-Major Internal Total General Governmental Sanitation Service Transkirs Transfers Fund Funds Fu Funds General Fund $ $ 20,000 $ - $ 2,397,186 $ 2,417,186 Boynton Beach CRA Special Revenue Fund - 11,822,180 - - 111,822.1180 Non-Major Governmental Funds 7,590,850 1,329,640 14,263 8,934.753 Water&Sewer Fund 6,367,000 975,D69 7,342,089 Sanitation Fund 1,100,000 1,283,116 2,383,116 Golf Course Fund 10,000 10,000 5,602 25,602 Internal Service Funds - - 4.876 4.876 Total transfers In Ltaja= _1 111. 20 10.0 4.88x.112 32.e a 7a� Transfers are used to: (1) pay the payment in lieu of taxes charged to the various enterprise funds by the General Fund, ( ) fund the internal service n in excess of the expense r the current period, and ( ) move fund revenues to finance various programs that the government must account for in other funds in accordance with budgetary authorizations, including amounts provided as subsidies or matching funds for various grant programs and excess revenues collected for debt service after the payment of principal and interest due for the current year. I. Noncurrent Liabilities Governmental Activities Changes in governmental activities noncurrent liabilities for the year ended September 30, 2018,were as follows: Beginning Ending iti l nAddifigneI r Public service tax revenue refunding bonds $ 21,830,000 - $ (1,940,000) $ 19,890,000 1,970,000 Series 2015 CRA Tax increment refunding revenue bonds, Series 2012 12,834,000 - (1,300,000) 11,534,000 1,331,000 CRA Tax increment refunding venue bonds, Series2015 4.285.000370 000) 15. .000 Total bonds payable38,949,000 - (3,810,000) 35,339,000 3,6 1,000 Installment agreements for equipment 1,595,1 (867,617) 727,523 130,118 Compensated n s 7,100,217 4,832.309 (5,088,77 ) 6,843,748 , 7 Provision for insurance losses 4.777,4 2,75%555 __L2_01.349) 1.7 5 Total noncurrent liabilities & 50.tU6.M 9.186.00d S(12.24?.7d6) L d7.a 61.9 5-- fi.47L350 I Compensated bn s are typically liquidated the General Fund. Insurance claims liabilities have i ! n liquidated by the Self Insurance Internal Service Fund which mainly serves the governmental funds. Therefore, the long-termliabilities of this fund are included in the governmental activities noncurrent liabilities. Public Service Tax RevenueIna Bon. Series 2015 - On May 15, 2015, the City issued $24,210,000 Public Service Tax RevenueRefunding Bonds, Series 2015 (the 'Series 2015Bonds"), to advance rerund ,425,000 of the Public Service Tax Revenue Bonds, Series 2004, and $18,190,000 of the Public Service Tax Revenue Refunding Bonds, Sefies 2006, and to pay the costs associated with the issuance the Series 2015 Bonds. The refunding suited in an economic gain (the difference n the present value of the debt service paymentsthe refunded and refunding bonds) of approximately $2,450,ODD and reduced the total debt service Page 98 of 1106 i NOTES TO THE FINANCIALSTATEMENTS September 30,2018 3. Detailed Notes on All Funds(Continued) I. Noncurrent Liabilities (Continued) Governmental Activities(Continued) payments by approximately $2,723,000. The Series 2015 Bonds bear interest at a fixed rate of 1.95% and are payable semi-annually on November 1 and May 1. Principal payments are due beginning on November 1, 2015 through maturity on November 1,2026.The Series 2015 Bonds are payable from and secured by a pledge of the City's public service tax revenues. The debt service requirements of the Series 2015 Bonds are as follows at September 30,2018: Fiscal Year Ending September 30, Principal Intere Total 2019 $ 1,970,000 $ 368,648 $ 2,338,648 2020 2,095,000 329,013 2,424,013 2021 2,130,000 287,820 2,417,820 2022 2,170,000 245,894 2,415,894 2023 2,215,000 203,142 2,418,142 2024-2027 9.310.000 367.476 9.677,476 3 21.6 1.993 CRA Tax Increment Refundino Revenue Bonds, Series 2012 — Resolution 12-07 of the CRA Board of Commissioners dated October 9, 2012, authorized the issuance of CRA Tax Increment Refunding Revenue Bonds, Series 2012 (the "CRA Series 2012 Bonds"), in the principal amount of$16,185,000 to advance refund $12,665,000 of the CRA Series 2004 Bonds and $3,000,000 of the CRA Series 2005A Bonds. The proceeds of the CRA Series 2012 Bonds were placed in an irrevocable trust to provide resources to purchase U.S. Government securities which were used, along with all interest earnings, for the sole purpose of making future debt service payments on the refunded CRA Series 2004 Bonds and CRA Series 2005A Bonds. The refunding resulted in an economic gain (the difference between the present value of the debt service payments of the refunding and refunded bonds) of$1,182,292 and reduced the total debt service payments by $2,095,052. The outstanding CRA Series 2012 Bonds at September 30, 2018, were $11,534,000 and are due in annual principal installments of$1,331,000 to $1,530,000 plus interest at 2.56% through maturity on October 1, 2026. Principal and interest on the CRA Series 2012 Bonds are payable from and secured by a pledge of the CRA's tax increment revenues. The debt service requirements of the CRA Series 2012 Bonds are as follows at September 30, 2018: Fiscal Year Ending September 30, Principal Interest Total 2019 $ 1,331,000 $ 295,270 $ 1,626,270 2020 1,367,000 261,197 1,628,197 2021 1,397,000 226,201 1,623,201 2022 1,439,000 190,439 1,629,439 2023 1,471,000 153,600 1,624,600 2024-2027 4.529.000 232,347 4.761.,347 1.359.054 12.893.054 Page 99 of 1106 TES TO THE FI ANCIL STATEMENTS September 30,2018 3. Detailed NotesAll Fun (Continued) I. Noncurrent Liabilities ( ) Governmental Activities(Continued) CRA 7bx Increment Refundin evenue Bonds Serres 2015 — _on March , 2015, the CRA authorized issuance of$5,005,000 Tax Increment Refunding Revenue Bonds, Series 2015 (the "Series 2015 CRA Bondsill'), o advance refund the 's Tax Increment Revenue Bonds, Series 2005 . The Series 2015 CRA Bonds are structured as a private placement to be issued as additional bonds under Resolution No. 15-01 adopted on March 10, 2015° The payment of principal and interest on the Series 2015 CRA Bonds are secured by a pledge of the C 's tax increment revenues. Principal and interest at a fixed interest rate of 3.30% on the Series 2015 CRA Bonds is payable through maturity on October 1, 2026. The refunding resulted in an economic gain (the difference betiliveen the present value of the debt servicepayments of the refunded and refundingbonds) of approximately $1,450,000 and reducedthe total debt servicepayments y approximately$1,790,000. The t service requirements of the CRA Series2015 Bonds are as followst September 30, 201 Fiscal Year Ending etem r0. Principal Interest Total 2019 $ 380,0 $ 129,195 509,195 2020 395,000 116,655 511,655 2021 410,000 103,620 513.620 2022 420,000 90,090 510.090 2023 435,000 76,230 511,230 2024-2027 1.875.0 132.9 7. 0 ►n 11 n Agr — The City entered into various installment nt to finance the purchaseip t, At September 30, 2018, the cost of equipment held under these agreements approximately$1,666,000 and the accumulatedamortization was approximately$379,000.Amortization expense related to the equipment is included in depreciation expense in the accompanying financial statements. The installment agreements are secured by the relatedequipment. Future payrrients through maturityr the City's installment agreements as of September 30, 2018, are asfollows: Fiscal Year Ending September 30, Amounj 2019 145,994 2020 145,994 2021 208,716 2022 213,90 Total minimum payments 783,800 Less amounts representing interest ( .277) Outstanding balance at September 30,2018 S 727.523 Pledgpd Govemmental Revenues - The City has pledged the future public service tax revenues of the City to repay the outstanding Public Service Tax Revenue Refunding Bonds, Series 2015. The public service tax bonds are payable solely from the public service tax revenues received by the City and are payable through fiscal year 2027.Annual principal and interest payments on the bonds are expected to require less than 25 percent of public service revenues. Total principal and interest remaining to be paid on the public service tax revenue bonds at September 30, 2018 is $21,691,993. Principal and interest paid and public service tax revenues received for the current year were$2,346,770 and$10,060,286 respectively. Page 100 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2018 3. Detailed Notes on All Funds(Continued) 1. Noncurrent Liabilities(Continued) Governmental Activities(Continued) The CRA has pledged its future tax increment revenues to repay the outstanding GIA Tax Increment Refunding Revenue Bonds, Series 2012 and 2015.The City has also pledged its full faith and credit to guarantee repayment by the CRA of its outstanding bonds. The tax increment bonds are payable solely from the tax increment revenues received by the CRA and are payable through fiscal year 2027. Annual principal and interest payments on the bonds are expected to require less than 20 percent of the tax increment revenues. Total principal and interest remaining to be paid on the CRA tax increment revenue bonds at September 30, 2018 is $17,456,834. Principal and interest paid for the current year were$2,138,786. Tax increment revenues received by the CRA for the current year were$11,776,329. Lecrai Debt Limit- The City's legal debt limit on general obligation debt is based on 10% of the total assessed value of real property and was approximately$841 million at September 30,2018. Defeased Bonds The City and the CRA have defeased certain bonds by placing the proceeds of new bonds in irrevocable trust accounts to provide for all future debt service payments on the defeased bonds. Accordingly, the trust account assets and the liability for the defeased bonds are not included in the City's financial statements. The outstanding principal of the defeased bonds considered extinguished under these funding arrangements is as follows at September 30, 2018: City of Boynton Beach Public Service Tax Revenue Bonds.Series 2006 S 17.510.0 Business-type Activities Changes in business-type activities noncurrent liabilities are as follows for the year ended September 30, 2018: Beginning Ending Due Within Balance Additions Reductions Balance One Year Water and sewer utility revenue bonds: Series 2002 $ 12,870,000 $ $ (2,965,000) $ 9,905,000 $ 3,125,000 Series 2012 44,200,000 - (460,000) 43,740,000 480,000 Series 2016 23,000,000 - - 23,000,000 Series 2018 - 11,065,000 - 11,065,000 Unamortized bond premium 3.205.514 - {305,467) 2,900,047 Total revenue bonds payable 83,275,514 11, 5,000 (3,730,467) 90,610,047 3,605,000 Compensated absences 1.681.8 1.130.4 (1137,174) 1.675.116 217,766 Total noncurrent liabilities LAAMUM LIZ,195.4 (4.867.6411 92.285.163 5 3.822 Compensated absences are typically liquidated by the Water and Sewer, Sanitation and Other Enterprise f=unds for which the related employees work. Page 101 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30, 1 3. Detailed Notes on All Fun (Continued) I. Noncurrent Liabilities(Continued) Business-typeActivities (Continued) Water and Sewer Utfffty Revenue Refunding Bonds, Series 2002- The City issued $24,400,000 Utility System Revenue Refunding Bonds, Series 2002 (the `Series 2002Bonds"), for the principal purpose of refunding the City's outstanding Utility System Revenue Bonds, Series 1992, maturing on and after November 1, 2002. The proceeds from the issuance of the Series 2002 Bonds, together with certain other funds of the City, were used to defease the Series 1992 Bonds. Interest on the Series 2002 Bonds is payable semi-annually on November 1111 and May 1S'at interest rates ranging from 5.376% to 5.5%. Annual principal payments are due on November 1a1 through maturity on November 1, 2020. The principal and interest on the Series 2002 Bonds are payable solely from and secured by a pledge of the City's Water and Sewer Utility System revenues. The debt service requirements of the Series 2002 Bonds are as follows at September 30,2018: Fiscal Year Ending September 30, Principal Interest ictal 2019 $ 3,125,000 $ 458,838 $ 3,583,838 2020 3,300,000 282,150 3,582,150 2021 3.480. 0 95.700 3,575.700 9°905.0 836.688 $ 10j4taw Water and Sewer Wift Revenue Bonds. Series 2092-On February 27,2012,the City issued 5,895,000 Utility System evenue Bonds, Series 2012 (the"Series 2012Bonds*), to finance the cost of approximately 0 million of capital improvements to the Ckys Water and Sewer Utility System n fund all of the City's outstanding Utility tem Revenue Bonds, Series 2008, turin on or after November 1, 2012. A portion of the proceeds from the issuance of the Series 2012 Bonds, together with certain other funds of the City, were used currently refund the Series 2008 Bonds, which were called for full redemption on May 1, 2012. The advance refunding the Series 2008 Bonds resulted in an economic gain(the difference between the present value of the debt service payments on the Series 2008 Bonds and Series 2012Bonds) $1,712,358 and reduced the City's total debt servicea ent y$2,289,751. Interest on the Series 2012 Bonds is payable semi-annually on November 1111 and May 111' at interest rates rangingfrom 2.0% to 5.0%. Annual principal payments are due on November 1111 through maturity on November 1, 2036. The principal and interest on the Series 2012 Bonds are payable solely from and secured y a pledge of the iWater and Sewer Utility System revenues. The debt service requirements of the Series 2012 Bonds are as follows: Fiscal Year Ending Sgpk r i9tal 2019 480,000 $ 1,990,462 $ 2,470,462 2020 500,000 1,970,862 2,470,862 2021 520,000 1,950,462 2,470,462 2022 2,565.000 1,882,350 4,447,350 2023 2,695,000 1,7 ,000 4,459,000 2024-2028 15,770,000 6,627,561 22,397,561 2029-2033 11,695,000 3,117,893 14,812,893 2034-2037 9.515.0 779 9 0 _ 10.294,900 $ 43.740. 20.083.490 3.823. Page 102 of 1106 i NOTES TO THE FINANCIAL STATEMENTS September 30,2018 3. Detailed Notes on All Funds(Continued) I. Noncurrent Liabilities(Continued) Business-type Activities (Continued) Water and Sewer Utility Revenue Refundina Bonds, Series 2096 - on November 18, 2016, the City issued $23,000,000 Utility System Revenue Refunding Bonds, Series 2016 (the "Series 2016 Bonds"), to finance improvement projects including pipeline rehabilitation in various neighborhood locations, water reuse distribution, completion of the East Plant Rehabilitation and ion exchange, and Seacrest Corridor Improvement Projects and to pay costs associated with the issuance of the Series 2016 Bonds. The Series 2016 Bonds are payable from and secured by a pledge of the Utility System Revenue which includes(1)Net Revenues of the System, (2)certain impact fees, and (3) certain funds and accounts established under the resolution. interest at 2.45% is payable annually beginning May 1, 2017. Principal payments are due beginning November 1, 2021,through maturity on November 1, 2031.The debt service requirements of the Series 2016 Bonds are as follows: Fiscal Year Ending Se mber 30, PriggtgI Interest Total 2019 $ $ 563,500 $ 563,500 2020 563,500 563,500 2021 - 563,500 563,500 2022 1,830,000 541,083 2,371,083 2023 1,860,000 495,881 2,355,881 2024-2028 9,820,000 1,773,191 11,593,191 2029-2032 9.490.000 482,407 9.972.407 S 23.000.000 4.983. 6 2 Water and Sewer Utility Revenue Bonds, Sedes 2098 - On June 8, 2018, the City issued $11,065,000 Utility System Revenue Bonds, Series 2018 (the "Series 2018 Bonds"), to finance capital improvements to the City's Water and Sewer Utility System and to pay for certain casts associated with the issuance of the Series 2018 Bonds. The Series 2018 Bonds are payable from and secured by a pledge of the Utility System Revenue which includes(1) Net Revenues of the System, (2)certain impact fees, and (3)certain funds and accounts established under the resolution. Interest at 3.60% is payable annually beginning November 1, 2018. Principal payments are due beginning November 1, 2019, through maturity of the bonds on November 1, 2037. The debt service requirements of the Series 2012 Bonds are as follows: Fiscal Year Ending Sen tuber 30, Principal Interest Total 2019 $ - $ 357,400 $ 357,400 2020 415,000 390,870 805,870 2021 430,000 375,660 805,660 2022 445,000 359,910 804,910 2023 465,000 343,530 808,530 2024-2028 2.575,000 1,450,530 4,025,530 2029-2033 3,075,000 943,470 4,018,470 2034-2038 3.660.000 338.940 3.998940 11 5. 2 4.580.310 S 1 625 310 Bond Resolution 96-88 of the City requires that net operating revenue (as defined in the resolution) of the Water and Sewer Fund be sufficient to provide an amount equal to 110% of the current fiscal year's principal and interest requirements on all outstanding utility system bonds and 100% of all amounts required to meet the current year's reserve account deposit requirements and renewal and replacement fund requirements. The City was in compliance with these requirements for the year ended September 30, 2018. I Page 103 of 1106 NOTES TO THE FINANCIAL September 30,2018 3. Detailed on All Fun (Continued) I. Noncurrent Liabilities (Continued) Business-type Activit) (Continued) Pledggd Business-type Revenues-The City has pledged the future net revenues (generally customer revenues, not of specified operating expenses) of the water and sewer utility to repay the outstanding Series 2002, Series 2012, Series 2016 and Series 2018 water and sewer utility revenue bonds issued to finance improvements to the system. The water and sewer utility revenue bonds are payable solely from the utility net revenues and are payable through fiscal year 2038. Annual principal and interest payments on the bonds are expected to require less than 30 percent of utility net revenues. Total principal and interest remaining to be paid on the water and sewer utility revenue bonds is $118,173,550. Principal and interest paid for the current year was $6,686,374. Net ter and sewer utility revenues available for debt service for the current year were approximately$24.2 million. Interest Expense Total Interest costs incurred and paid on all City debt, including the CRA,for the year ended September 30,2018, totaled ,326,350 and ,192,161, respectively. Defeased Bonds The City defeased certain Water and Sewer Utility System revenue bonds by placing the proceeds of the now bonds in irrevocable trust accounts to provide for all future debt service payments on the defeased bonds, Accordingly, the trust account assets and the liability for the defeased bonds are not included in the City's financial statements. At September 30, 2018, the outstanding principal of the defeased bonds considered extinguished under these funding arrangements is as follows: Water and SwI Utility Revenue Bonds, Series 1992 11,730.000 Water and Sewer Utility Revenue Bonds,Series 1996 445,QM 1LMaa J. Debt Service Reserve Surety Bonds The 's Public Service Tax Refunding Revenue Bonds (Series 2 ) and Water and Sewer Revenue Bonds (Series 2012), collectively the ° onds", require the City to maintain debt service reserves equivalent to the maximum principal and interest due in any year through maturity on the Bonds. The Bonds' resolutions provided that the City may purchase a credit facility for the debt service reserve requirements from an institution with the highest credit rating for municipal bonds insured or guaranteed by that institution. The City purchased surety bonds from MW Assurance Corp. C °), Assured Guaranty Municipal Corporation ("AGM") and Financial Guaranty Insurance Company("FGIC°)to satisfy the debt service reserve requirements for the Bonds at the date of issue.At September 30, 2018, MBIA, AGM and FGIC had credit ratings that were less than the highest rating from Moody's Investor Service, Inc. C y's'") and Standard and is ("S P"), or had their ratings withdrawn by these agencies. The surety bonds outstanding at September 30, 2018, have a credit rating lower than the City's underlying rating of - from S&P. City management, in consultation with bond counsel, has determined that the City is not required to obtain nsurety bonds or substitute cash and investments to replace the surety bonds from MBIA, AGM and FGIC that were held by the City at September 30, 2018. Accordingly, the debt service reserves for the Bonds are secured only by the original credit facility, which may not be available in the event of nonpayment by the City. Page 104 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2018 4. Other Information A. Risk Management The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; natural disasters; and general and automotive liability. The City has a Self Insurance Fund (an Internal Service Fund) to provide coverage for general liability, automotive liability, workers' compensation and property claims. The liability for claims retained by the City is accrued in the Self Insurance Fund which will be the source of payment for these claims. Insurance claim expense is recognized when it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated, and includes incurred-but-not-reported claims. The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines, and damage awards. Accordingly, claims are re-evaluated periodically to consider the effects of inflation, recent claim settlement trends (including frequency and amount of pay-outs), and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claim adjustment expenses related to specific claims and other claim adjustment expenses regardless of whether allocated to specific claims. Estimated recoveries,for example from salvage or subrogation, are another component of the claims liability estimate. The City also purchased commercial insurance policies to provide excess coverage as follows: Individual Claims In Excess gf -_ Maximum Per Person Per Occurrence Covera e General liability $ 200,000 $ 300,000 $ 5 million Automobile liability 100,000 300,000 2 million Property 50,000 100,000 5 million Workers compensation 500,000 500,000 5 million The City's liability for estimated insurance losses represents the estimated ultimate cost of settling self-insurance liability claims. The liability for estimated insurance losses was estimated by an outside actuary using accepted actuarial methods. These methods consider case-basis reserves established by the City, the rate of loss development on older claims, the effects of incurred-but-not-reported claims and the effects of inflation and other economic factors to determine ultimate cost. The City has recorded a liability for estimated insurance losses of$4,854,695, of which $1,777,545 is considered to be a current liability. The liability falls within the actuarially determined range,from an actuarial valuation for all claims based upon the date the loss was incurred. Due to the long-term nature of many of these claims, the City considers anticipated investment income in determining the net liability for estimated insurance losses by discounting claims to the estimated present value. At September 30, 2018, the recorded liability for estimated insurance losses of$4,854,695 is based on gross claims of$5,214,808 discounted at an assumed rate of return on investments of 3%.The following summarizes the liability for estimated insurance loss activity for the previous three years: Claims Claims Liability Liability Beginning of Claims Claims End of Fiscal Year Expense Paid Fiscal Year 2015-2016 $ 3,729,824 $ 2,429,969 $ (2,163,669) $ 3,996,124 2016-2017 3,996,124 2,782,608 (2,001,243) 4,777,489 2017-2018 4,777,489 2,758,555 (2,681,349) 4,854,695 For each of the past three years, there have been no settlements that have exceeded the City's insurance coverage. I Page 105 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2018 & Other Information (Continued) B. Commitments and Coti c QQaW Commftents-The City has various long-term l obligations for construction projects an which has not been completed.The balances of these contracts d related commitments as of September 30,2018,are as Capital Other Water and Other General Projects Govemmental Sewer Enterprise Fm „ Fu s Funds Fund Funds o I Total contract amount 1,879 $ 8,107,444 $ 5,241,938 $ 18,686,818 $ 488,382 32.916,461 Interim payments on contracts 165. 1. 9.281 7. 15.652.518 385.785 17.620.613 Remaining contract commitment as of September 30,2018 L-AAB= The contractual commitments of the r and Sewer Fund will be paidprimarily m unspent bond proceeds. The contractual commitments of the General Fund, Capital Projects Funds, Other Governmental Funs and Other Enterprise Funds will be paid from various sources, including future , operating transfers, and ovaillable fund equity. Q&0gerating Lease Commitments-The City entered into various operating lease agreements for office space, library space, Police and Fire functions, and communication servicescommencing April 2018 with various terms through arch 2023. The leases are non-cancelable and include annual increases in base rent plus paymentfor real estate taxes, insurance and maintenance of the property. Rent expense totaled approximately $380,000 for the year ended September 30, 2018. The future minimum lease payments on these operating lease agreements are as follows: Fiscal Year Ending fiffiftmhOLN, 2019 1,2 ,917 2020 1,304,036 2021 885,060 2022 103,680 2023 51,840 Total 39°53 CRA 0 peratkg Lease Commi n - The CRA entered into an operating lease for offiloe space commencing October 2011 with a term of ten years. and base monthly rent and maintenanceexpenses approximately ,400. The lease is non-cancelable for the first six years and includes annual increases in base rentplus payment for real estate tes, insurance maintenance of the . If terminated urin through tenth year, the CRA isobligated pay a portion of the monthly rent depending on the termination year. Under the terms of the loose, the onsil r interior renovations totaling ,000, of which the landlord will credit the CRA a total 3,000 proportionately in years 8, 9 and10 of the lease, unless the CRA terminates the lease. Rent expense I approximately$102,000 for the year ended September 30,2018. futureThe inimum lease payments on this operating lease agreement are as follows: Fiscal Year Ending Se mbar 30. 2019 71,734 2020 95,583 2021 98.610 Total —ALM Page 106 of 1106 NOTES TO THE FINANCIAL September 30,2018 4. Other Information (Continued) B. Commitments and Contingencies(Continued) Interlocal Agreements - The City approved an Interlocal Agreement with the Town of Ocean Ridge ("Ocean Ridge") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Ocean Ridge for a 12- year term commencing October 1, 2016 through September 30, 2028. The Agreement provides for Ocean Ridge to pay the City$1,058,853 for the first year of the Agreement with annual increases of 4%thereafter. The City approved an Interlocal Agreement with the Town of Hypoluxo ("Hypoluxo")to provide Fire Suppression, Emergency Medical and Fire Life Safety services to Hypoluxo for a 7-year term commencing October 1, 2018 through September 30, 2025. The Agreement provides for Hypoluxo to pay the City$436,142 for the first year of the Agreement with annual increases of 4%thereafter. The City approved an Interlocal Agreement with the Town of Briny Breezes ("Briny Breezes") to provide Police Safety services to Briny Breezes for a 3-year term commencing October 1, 2016 through September 30, 2019. The Agreement provides for Briny Breezes to pay the City $200,000 for the first year of the Agreement with annual increases of 1.5% thereafter. The City also has an Agreement to provide l=ire Suppression, Emergency Medical and Fire Life Safety services to Briny Breezes for a 12-year term commencing October 1, 2016 through September 30, 2028. This Agreement provides for Briny Breezes to pay the City$356,725 for the first year of the Agreement with annual increases of 4%thereafter. The City approved an Interlocal Agreement with the Village of Golf (the "Village") to provide Fire Suppression, Emergency Medical and Fire Life Safety services to the Village for a 10-year term commencing October 1, 2015 through September 30, 2025. The Agreement provides for the Village to pay the City$200,000 for the first year of the Agreement with annual increases of 4%thereafter. Town Square Prosect— During 2017 the City Commission approved the Town Squame Project (the "Project") to redevelop the existing City Hall complex and surrounding properties with a Public-Private Partnership between the City and private development companies pursuant to Florida Statutes Section 287.05712. The Project includes the construction of a new City Hall, Police Station, Fire Station and Library and renovation of the historic Boynton Beach High School building. In addition to the new municipal buildings,the completed Project will include a cultural center, residential and retail spaces, a hotel, public spaces and two parking garages on approximately 22 acres. The Project is composed of multiple phases. Phase 1 was approved by the City Commission on June 12, 2017, and includes interior and roof rehabilitation of the vacant Boynton Beach High School at a cost of approximately $15 million. Phase 2 was approved by the City Commission on March 13, 2018, and includes renovation of the Boynton Beach High School building into the Boynton Beach Cultural Center at a cost of approximately $11 million. Subsequent phases will include construction of a new, four story City Hall and Library building with a combined 110,000 square feet and an estimated cost of$26.9 million; a new fire station with an estimated cost of $4.8 million; and, a new Police Station with an estimated cost of$19.2 million. The City also plans to construct a District Energy Plant at an estimated cost of $11.5 million which will supply central energy to the new Town Square buildings. Two parking garages will be constructed on the site with a total of 465 parking spaces and an estimated cost of$10.3 million. Costs to demolish the existing City Hall complex, site infrastructure, new buildings, bond costs, developer costs, land lease payment, and contingencies are estimated to total approximately $118.3 million, of which $76 million would be financed by CFP Boynton Beach Town Square, LLC ("CFP"), a Minnesota non-profit corporation and a qualified tax exempt 501(c)(3) charitable organization. CFP will build and finance the Project and lease the properties to the City as they are completed. The CFP debt will not constitute indebtedness or a pledge of the City's general credit or taxing power, but will be secured by a pledge of the City to budget and appropriate, on an annual basis, available non ad valorem revenue sufficient to make the annual rental payments to CFP under the facilities lease agreements. Page 107 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,209 Other Information (Continued) B. Commitments and Contingencies(Continued) On August 7, 2018, CFP issued $89,990,000 of Public Finance Authority Capital Improvement Revenue Bonds, Series 2018, for the Project d received net bond proceeds of $76,288,551 at closing, which included $69,990,000 of bond principal, $7,030,251 of original issue premium, I $731,700 of underwriter's fees. CFP deposited the net bond proceeds into separate escrow accounts for construction of the Project and payment of related expenses.The bonds have a maturity date of June 1, 2044.The Citys annual lease payments to CFP for the Project properties varies from approximately$3.0 million to $5.2 million over the 25 year term of the facilities lease agreements ending on June 1, 2044. The City's lease payments commence on December 1, 2018 and are due mi-annually on December 131 and June 1St. Title to all facilities will transfer to the City at the end of the The lease payments and all Project facilities are pledged collateral for the Series 2018 Bonds. The future annual lease payments due to CFP under the facilities lease agreements are summarized as follows: Fiscal Year Ending PoliceFire Seo ber 30. Ci II 6MIM glation Totals 2019 1,976,079 $ 820,741 204,060 3,000,880 2020 2,953,174 1,226,565 304,959 4,484.698 2021 2,952,268 1,226,189 304,866 4,483,323 2022 2,953,469 1,226,910 305,045 4,485,424 2023 2,952,436 1.226,259 304,883 4,483,578 2024-2028 15,216,008 6,319,785 1,571,281 23,107,074 2029-2033 17,061,636 7,086,344 1,761,870 25,909.850 2034-2038 17,060,268 7,085.776 1,161,728 25,907,772 2039-2043 17,058,939 7,085,224 1,761,591 25,905,754 2044 3,402,815 1,413,318 351,392 5,167,525 The City has contracted with 3 providersdevelopment of theProject: (1) CFP Boynton Beach Town Square, . This company is responsible for the construction of the now City Hall, Fire Station 1. Police Headquarters, and Open Space, Utilities and Infrastructure n associated site and road work. ( ) E2L Real Estate Solutions, LLC. This company is responsible for the High School renovation and redevelopment,the District EnergyPlant and the design and construction management services. O JKM Development. This company is responsible for building the parking garage. Grants - Amounts received or receivable from grantor agencies are subjectto audit and adjustment by those agencies, principally the Federal and State government. Any disallowed claims, including amounts already4 may constitute a liability the City for the return of those funds. In the opinion of management, all grant ' expenditures were in substantial compliance with the terms of the grant agreements and applicable Federal and State statutes and regulations and the amount of reimbursement to grantor agencies. if any, would not materially affect the financial position of the City. Envimnmental Llalllfles-The City owns property that was used as a landfill prior to 1985. Final closure occurred during 1992. Post-closure care is mandated by State and Federal statutes and regulations and consists of certain maintenance and monitoring functions at the landfill site for 20 years after its closure. Although the Citys mandatory post-closure care period ended in 2012, the City's closed landfill site remains subject to ongoing monitoring by various regulatory agencies for potential environmental contaminants. The monitoring programs have not identified any contaminants from the City's closed landfill, however, in the event any landfill contaminants are identified, the City may be financially responsible for the environmental assessment and any cleanup sts, as well as potential fines imposed y governmental regulatory agencies. - The City is a defendant in various lawsuits incurred in the normal course of operations, the ulliffnate, outcomes of which are not presently determinable. Management and the CRys legal counsel believe that amounts not ccvered by insurance, if any, resulting from these lawsuits ui not materiallythe financial position of the City. Page 108 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2 4. Other Information (Continued) C. Postemployment Benefits Other Than Pensions Plan Description The City administers a single-employer defined benefit plan (the "OPEB Plan") that provides medical and life insurance benefits to eligible retired employees and their beneficiaries. The Plan allows its employees and their beneficiaries, at their own cost, to continue to obtain health, dental and other insurance benefits upon retirement. The City Commission has the authority to establish and amend premiums for and the benefit provisions of the OPEB Plan.The OPER Plan is financed on a"pay-as-you-go"basis and is not administered as a formal qualifying trust.The OPEB.Plan does not issue a publicly available financial report. Florida Statute 112.0801 requires the City to allow retirees to buy healthcare coverage at the same group insurance rates that current employees are charged resulting in an implicit healthcare benefit. The State of Florida prohibits the OPEB Plan from separately rating retirees and active employees. Therefore, both groups (active employees and.retirees) are charged an equal, blended rate premium. Although both groups are charged the same blended rate premium, GAAP requires the actuarial figures to be calculated using age adjusted premiums approximating claim costs for retirees separate from active employees. The use of age adjusted premiums results in the addition of an implicit rate subsidy into the actuarial accrued liability. OPEB Plan members receiving benefits contribute 100% of the monthly premiums ranging from a minimum of$579 to a maximum of$1,192 for medical/prescription coverage. Plan Membership Membership of the City's OPEB Plan as of October 1, 2017, the date of the most recent actuarial valuation, is summarized as follows: Inactive employees or beneficiaries currently receiving benefit payments 540 Inactive employees entitled to but not yet receiving benefit payments F Active employees 680 Total OPLiability The City's total OPEB liability of$8,968,972 was determined by an actuarial valuation as of October 1, 2017. The actuarial methods and significant assumptions used to determine the City's total OPEB liability for the current year are summarized as follows: Actuarial valuation date October 1,2017 Measurement date September 30,2018 Actuarial cost method Entry Age Normal Post-retirement benefit increases None Health care cost trend rates 4.0%per year initially,6.75%for 2019 reduced to an ultimate rate of 4.78%in 2040 Amortization method Level Percent of Payroll—Closed Remaining amortization period 28 years Asset valuation method NIA(1) Actuarial assumptions: Investment rate of return 3.83%(2) Projected salary increases* 3,5%-14.5% Includes inflation rate 2.5% (1) The plan is funded on a pay-as-you-go basis and is not administered as a formal qualifying trust. There were no plan assets as of September 30,2018. (2) Since there are currently no invested plan assets held in trust to finance the OPER obligation, the discount rate is the long-term expected rate of return on tax-exempt, high quality municipal bonds based on the Fidelity 20-Year Municipal GO AA Index. Page 109 of 1106 J 1=1 NOTES TO THE FINANCIAL STATEMENTS September 3 ,2018 4. Other Information (Continued) C. Postemployment Beneffilts Other Than Pensions(Continued) Total OPES Liability(Continued) Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the future. Actuarially determined amounts are subject to continual revision as actual results are compared to past expectations and now estimates are made about the future. Projections of benefits are based on the types of benefits provided under the substantive plan at the time of each valuation and on the pattern of sharing of benefit costs between the employer and plan members to that point. In addition, projections of benefits for financial reporting purposes do not explicitly incorporate the potential effects of legal or contractual funding limitations on the pattern of cost sharing between the employer and plan members in the future. Actuarial calculations reflect a long-term perspective and accordingly, actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets. Changes In the Total OPEB Liability The change in the City's total OPEB liability for the current year is as follows: Total OPEB liability at September 30, 2017 $ 8,682,674 Changes in the total OPEB liability for the year Service cost 642,372 Interest 320,506 Changes in assumptions and other inputs (341,125) Benefit payments 335 455 Change it total OPEB liability Total OPEB liability t September 3 ,201 . 7 SensftIvUy of the Total OPEB Liability Changes in the Discount Rate: The followingtable presents the total OPEB liability f the City calculated using the current discount rate of 3.83%, as well as what the total OPEB liability would be if it were calculatedusing discount rate that is one percentage point lower (2.83%) or one percentage point higher(4.83%)than the currentrate: Total OPEB Liabil° Current 1.0% Current 1.0% Discount Decrease in Discount Increase in CurrentRate Rate RateCurrent Rate 1 8,037418 ni ° ° of the Total OPEB Liability to Changes in the Liggjhcare Cost T=d Rate: The following blpresents the total OPEB liability of the City calculated using the current healthcare cost trend rate of 4.0%, as well as what the total OPEB liability would be if it were calculatedusing a healthcare cost trend rate that is one percentage point lower(3.0%)or one percentage point higher(5.0%)than the current . Total OPEB Liability Current 1.0% Current 10% Discount Decrease in Trend Increase in Rate Current Rate Rate Current Rate 4.0% $ 7,819,107 8,968,972 $ 10400,748 Page 110 of 1106 NOTES TO THE FINANCIAL T T September 30,2018 . Other Information (Continued) C. Pos#employment Benefits Other Than Pensions (Continued) OPER Expense and Deferred Inflows/Outflows Inflows/Outflowsof Resources Related to OPEB For the year ended September 30, 2018,the City recognized OPEB expense of$904,063. At September 30, 2018, the City reported deferred inflowsloutflows of resources related to OPEB from the following sources: Deferred Deferred Inflows Changes in assumptions and other inputs $ 282,310 - Total 2,31 Amounts reported as deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows: Fiscal Year Ending ete br 30. 2019 $ (58,815) 2020 (58,815) 2021 (58,815) 2022 (58,815) 2023 (47,050) D. Defined Benefit Pension Plans Description of Plans The City contributes to three single-employer defined benefit pension plans covering all full-time City employees. General Employees' Pension Fund' The General Employees' Pension Plan covers all permanent full-time employees except those covered by the Police Officers' and Firefighters' Pension Plans. The benefit provisions and all requirements are established by City Ordinance. Employees are fully vested after five years of service with the City. There is no mandatory retirement age. Retirees begin receiving monthly benefit checks the month their retirement begins and continues until death. Benefits to which retirees are entitled are equal to 3% of their final average monthly compensation times years of credited service, provided the employee has completed at least 30 full years of credited service at any age; 25 or more years of credited service at age 55; or 5 or more years of credited service at age 62. Employee contributions are 7% of annual earnings. The City's contribution is determined actuarially on an annual basis. For 2018 the City's contribution was $7,110,298. The General Employees' Pension Plan is governed by a seven member board comprised of the Mayor, the City Manager, two City residents appointed by the City Commission and three members elected by the plan membership, one of whom must be a member of a bargaining unit of the City and one of whom must not be a member of a bargaining unit of the City. Police Officers'Pension Fund: The Police Officers' Pension Plan covers all sworn police department employees. Employees are vested after 10 years of service with the City and are eligible for retirement after 20 years of service regardless of age. Employees with 10 years of credited service may retire at or after age 55 or employees with 15 years of credited service may retire at or after age 50. Employees who are age 50 and have 10 years of credited service receive a reduced retirement benefit. Monthly benefit checks begin the month an employee retires, and the amount of benefit to which the retired employee is entitled is equal to the number of years of credited service multiplied by 3% of average final compensation. Employee contributions are 7% of annual i Page 111 of 1106 Jill i III jJil NOTES TO THE FINANCIAL T September 30, 1 41% Other Information (Continued) D. Defined t Pension Plans(Continued) Description of Plans(Continued) compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida pursuant to Chapter 185 of the Florida Statutes, which provides for a premium on certain casualty insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Police Officers'Pension Fund. For 2018 the City's contribution s$5,355,058 and the contribution from the State was$825,507.The Police Officers' Pension Plan is governed by a five member board consisting of two police officers, two City residentsand a fifth member elected by the other four members. i tors' Pe►rs►on Fund: The Firefighteral Pension Plan covers all firefighters and fire department officers. Employees become vested after 10 years of service with the City and are eligible for retirement after 20 years regardless of age. Employees with 10 years of credited service may retire at or after age 55. Employees who are age 50 and have 10 years of credited rvice can receive uretirement benefit. Monthly benefit checks begin the month an employee retires. and the amount of the benefit to which the retired employee will be entitled will be equal to the number of years of credited service multiplied by 3%of average final compensation. Employee contributions are 12% of annual compensation. The City's contribution is determined actuarially on an annual basis and is reduced by the amount the City receives from the State of Florida pursuant to Chapter 175 of the Florida Statutes, which provides for a premium tax on certain property insurance contracts written on properties within the City. The tax is collected by the State of Florida and remitted to the City for the Firefighters' Pension Fund. For 2018 the City's contribution was $5,444,061 and the contribution from the State was $789,121. The Firefighters' Pension Plan is governed by a five member board consisting of two firefighters, two City residents and a fifth member elected by the other four members. The benefit provisions and all other requirements of the General Employees', PoliceOfficers' and Fi ' Pension Funds are established y City Ordinance. The funding methods and determination of benefits payable are provided in the various acts of the Florida Legislature, which created these plans, including subsequent amendments thereto. The Florida Statutes provide, in general, that funds are to be accumulated from employee contributions, City contributions. State appropriations and income from investment of accumulated funds. Florida Statutes also provide that, should the accumulated funds at any time be insufficient to meet and pay the benefits due, the City shall supplement the fund by an appropriation from current funds, or from any revenues hi lawfully be used for said purposes and in an amount sufficient to make up the deficiency. The investments the funds are administered, managed and operated by the respective Board of Trustees of each plan. The not pension liability, deferred outflowslifinflows of resources related to pensions and pension expense related to the City's three defined benefit retirement plans are summarized as follows at September 30, 2018: General Police ' I fis I Not ion liability jillillijailill1 p . 1 1. Deferred outrfows/inflows Deferred outflows of resources $ 6,402M .75 .315 L=ZLQ0UM Deferred inflows of resources 2.12 1—MODA31 S 5,321,56Z1 13.1 Pension expense S 3. .7 . 2 Page 112 of 1106 FIN jill NOTES TO THE FINANCIAL September 30,2018 . Other Information (Continued) D. Defined e e t Pension Plans(Continued) Plan Membership Membership data of the City's pension plans as of October 1, 2017„ the date of the most recent actuarial valuations, are summarized as follows: General Police m to nes, Officers' Firefighters' Retirees, beneficiaries and DROP participants receiving benefits 409 134 109 Terminated employees entitled to benefits but not yet receiving them 49 20 3 Active members 383 136 124 Significant Accounting Policies The financial statements of the three pension pians are prepared using the economic resources measurement focus and the accrual basis of accounting. Employee and employer contributions are recognized in the period in which employee services are performed. Benefits and refunds are recognized when due and payable in accordance with the terms of the plan. Other expenses are recognized when the corresponding liabilities are incurred. Investment income is recognized as revenue when earned. Investments are reported at fair value. Money market mutual funds are reported at amortized cost, which approximates fair value. Securities and mutual funds traded on a national exchange are valued at the last sales price. Net asset values of investment funds that are not publicly traded are determined by the fund managers based on the fair values of the underlying investments of the fund. Net appreciation or depreciation in the fair value of investments includes the difference between the fair value and cost of the investments held as well as the net realized and unrealized gains and losses for investments sold during the period. Interest and dividend income are recognized on the accrual basis when earned. Purchases and sales of investments are recorded on a trade date basis. Investment earnings are reduced for investment related expenses, such as management fees, portfolio evaluation and custodial services. DROP Accounts Any participant of the General Employees', Police Officers', and Firefighters' Pension Plans who is eligible to receive an early or normal retirement benefit may elect to participate in a deferred retirement option plan (DROP) while continuing his or her active employment. Upon participation in DROP, the participant becomes a retiree for plan purposes and ceases to accrue further benefits under the pension plan. Normal retirement payments payable to the participant are invested in DROP and distributed to the participant upon termination of employment. The amounts held for DROP benefits at September 30, 2018 were $11,970,335 for the General Employees' Pension Plan; $13,134,973 for the Police Officers' Pension Plan; and$17,196,200 for the Firefighters' Pension Plan. Investments Investment Policy: The policy for the allocation of invested assets is established and may be amended by majority vote of the Board of each pension plan. It is the policy of each pension plan Board to pursue an investment strategy that reduces risk through the prudent diversification of the investment portfolio across a broad selection of distinct asset classes. The investment policies of the City's pension plans discourage the use of cash equivalents, except for liquidity purposes, and aims to refrain from dramatically shifting asset class allocations over short time spans. There were no significant changes in the investment policies of the City's pension plans for the year ended September 30, 2018. The asset allocation policies adopted by the pension plan Boards at September 30, 2018 were as follows: Page 113 of 1106 NOTES TO THE FINANCIAL STATEMENTS September 30,2018 4. Other Information (Continued) D. Defined en rt Pension Plans(Continued) Investments(Continued) General Police mlys' i i fiat ' ClassAsset Domestic equity 45% 25% 45% International equity 20 30 15 Bonds and fixed income 20 32 30 Real estate and REITS 15 7 10 Master limited partnerships - 2 - Commodities - Cash Total 1 1 e of Return: The money-weighted rate of return expresses investment performance, net of investment expenses, adjusted for the changing amounts actually invested. The annual money-weighted rates of return on pension plan investments, net of investment expenses,were as follows for the year ended September 30, 2018: General Police Emplo ey es, i f ' Annual money-weighted rate of return9,70% 7.30% 8.87% Not Pension Liability The components net pension liability r the three pension I r the most recent actuarial valuation of October 1,2017,were as follows: General Police Employees° Officers' Firefighters' Total pension liability 195,105,878 145,145,193 158, 1,491 Pian fiduciary net position (179,720,765 (101,982.7161 (115.403.3 1 Net pension liability S r 15.385.113 .1 S 4L438 Pion fiduciary i ion as a percentage of the total pension liability 2.1 Page 114 of 1106 i NOTES TO THE FINANCIAL September 30,2018 4. Other Information (Continued) D. Defined it Pension Plans(Continued) Actuarial Assumptions The net pension liability of each pension plan was determined by an actuarial valuation as of October 1, 2017 and measurement date of September 30, 2018, using the following significant actuarial assumptions: General Police Employees' Officers' Firefighte ` Actuarial cost method Entry age normal Entry age normal Entry age normal Amortization method Level percent of Level percent of Level percent of payroll, closed payroll, closed payroll, closed Remaining amortization period 8 years 21 years 21 years Asset valuation method Five year smoothed Five year smoothed Five year smoothed market market market Actuarial assumptions: Investment rate of return* 7,3% 7.25% 7.5% Projected salary increases* 3.5%-8.6% 5.0%-6.6% 3.5%-14,5% Inflation rate 2.8% 2.5% 2.5% Cost of living adjustments None I%annually 2%five years after retirement Includes inflation rate Mortality rates - Mortality rates for the General Employees', Police Officers' and Firefighters' Pension Plans are based on the RP-2000 Combined Healthy Participant Mortality Table for males and females with mortality improvements projected to all future years using Scale BB with a 50%blue collar adjustment and 50%white collar adjustment for males and a 100%white collar adjustment for females for General Employees and 90% blue collar adjustment and 10% white collar adjustment for males and a 100%white collar adjustment for females for Police Officers and Firefighters. Actuarial Changes: There were no changes in benefits. The following changes in actuarial assumptions were made for the actuarial valuations at October 1, 2017: General Employees'Pension-The assumed investment return was reduced from 1.4%to 1.3%for the October 1, 2017 actuarial valuation. The investment return assumption is scheduled to be reduced by 0.10% per year until a target of 7.0% is reached. Police Officers' Pension - The RP-2000 Combined Healthy Participant Mortality Table using Scale AA was adopted for the 2011 actuarial valuation and phased in over a five year period. Scale BB was adopted for the 2016 actuarial valuation. The mortality rates for the 2017 actuarial valuation are based on 100% RP-2000 Combined Healthy Participant Mortality Table using Scale BB. Firefighters'Pension-No changes. Rate of Return on Investments: The long-term expected rate of return on investments of each pension plan was determined using a building block method in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class. These ranges are combined to produce a long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the pension plans' target allocation as of September 30, 2018.are summarized in the following table: Page 115 of 1106 NOTES TO THE FINANCIAL i September 30,2018 4. Other Information i D. Defined e Pension Plans(Continued) Actuarial Assumptions(Continued) Long-TermLong-Term Ep9cted Real Rate of Return General Police Asset Class Employees' icers' Firefighters' Domestic equity 4.50% 4.80% 6. International equity 5.00 2.24 8.50 Bonds and fixed income 1.50 2.44 6.00 Real estate and REITS 4.30 7.10 4.50 Master limited partnerships 16.90 - Commodities - 4.90 Cash - 4.10 Discount Rate: The discount rate d on the expected rate of return on investments of each pension plan. The projection of cash flows used to determine the discount rate assumed that plan member contributions will be made at the current contribution rates and that City contributions voill be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, each pension plan's fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore,the long-term expected rate of return on investments of each pension plan was applied to all periods of projected benefit payments to determine the projected total pension liability. Changes in the Net Pension Liability The changes In the net pension liability of the General Employees', Police Officers' and Firefighters' Pension Plans were as follows for the year ended September 30, 2018: Increase(Decrease) Total Plan Not Pension Fiduciary Pension General Employees'Pension Fund Liability et Position Liabil Balancesc r 1,2017 $ 185,696.911 165,934,113 19,762,798 Changes r the C u rrent Year Service t 3,435,186 - 3,435,186 Interest 13,626,918 - 13,626,918 Difference ct t and expected experience ,1 - 484,188 Assumption changes 1, - 1,800,889 Contributions—City - 7,110,298 (7,110.298) Contributions—Employee 1,532,846 (1,532,848) Net investment income 15,250,355 (15,250,355) Benefit payments, including refunds f employee contributions (9,969J09) ( ,9 ,10 ) Administration expenses - (137,738) 137,73 Other(contributions to elective benefits) 30,897 7 Not Changes , 0 IQ 72%r352 (4,377, } Balances , 195,105,878 $ 179,720,765 15,3 5,113 Page 116 of 1106 NOTES TO THE FINANCIAL T September 30,2018 4. Other Information (Continued) D. Defined Benefit Pension Plans(Continued) Changes in the Net Pension Liability(Continued) In (Decrease) Total Plan Pension i i ion Police Officers' Pension Fund Liability Net Position i Ili Balances at October 1,2017 $ 133,418,274 $ 95,209,495 $ 38,208,779 Changes for the Current Year Service cost 3,199,467 - 3,199,467 Interest 10,007,776 10,007,776 Difference between actual and expected experience 1,355,270 - 1,355,270 Changes of assumptions 3,525,859 - 3,525,859 Contributions—City - 5,355,058 (5,355,058) Contributions—State v 825,507 (825,507) Contributions—Employee _ 1,214,260 (1,214,260) Net investment income - 6,379,064 (6,379,064) Benefit payments, including refunds of employee contributions (6,939,906), (6,939,906) - Administration expenses - (163,266) 163,266 Other(other income/adjustments to reserves) 578,453 102,504 475, Net Changes 11,726,919 6,773,221 4,953,698 Balances at September 3 ,201 $ 145145,193 101982,716 $ 43162,477 Increase(Decrease) Total Plan Total Pension Fiduciary Pension Firefighters' i n Lia ill Net iion Lia ill Balances at October 1,2017 $ 148,770,660 $ 104,369,743 $ 44,400,917 Changes for the Current Year Service cost 3,717,529 - 3,717,529 Interest 11,208,637 11,208,637 Difference between actual and expected experience 1,224,054 - 1,224,054 Contributions—City 5,444,061 (5,444,061) Contributions—State 789,121 (789,121) Contributions—Employee 1,473,516 (1,473,516) Net investment income - 9,221,736 (9,221,736) Benefit payments, including refunds of employee contributions (6,076,694) (6,076,694) - Administration expenses - (141,569) 141,569 Other(rollovers into DROP/adjustments - to reserves) (2,695) 323,472 (326,167) Net Changes 1%070.831 11,033,643 (______2, 1 Balances t r 30,2018 $ 158,841,491 115,403,386 $ 43,43 ,10 Page 117 of 1106 NOTES TO THE FINANCIAL STATEME TS September 30,2018 4. Other Information (Continued) D. Defined Benefit Pension Plans(Continued) Changes in the Net Pension Liability(Continued) Sensi' itv of the Net Pension Liability to Changes in the Discount The following table presents the current discount rate used to measure the total pension liability for each pension plan and the net pension liability of each pension pian calculated using the current discount rate, as well as what the net pension liability would be if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current discount rate: Not Pension Liability( ssej Current 1. t 1.0% Discount in Discount Increase in Rate Current Rate Rate General Employees' 7.30° 9 15 385,11 1345119 Police Officers' 7.25% $ 59,0681783 $ 43.16214777 1 Firefighters' 7.50% 1, 43,438,105 ,T 1, Pension ePensions For the year ended September 30, 2018, the City recognizedpension expense o $15,919,506and $1,447,163 r the governmental activities and business-typeactivities, respectively.At September 3 , 2018, the City reported deterredinflows and deferredsou I t to the General IPolice Firefighters' ion Plans from the followingsources: Deferred Deferred General I Inflows Differences between expected and actual experience $ 1,029,797 $ 1,281,951 Changes of assumptions - 3,424,258 Net difference between projected and actual investment earnings on pension plan investments 8,652,332 1696,364 Total A 9,682,129 $ 6,402.573 Police cPension Differences l experience S 1.04,418 1,71 , 7 Changes of tion4,657,849 Not difference between projectedl investment earnings on pension plan investments 2,100291 1,520,003 Total 3,30 ,431 7,896,828 Firefighters' Pension Fun Differences between expected and actual experience 166,067 1,471,674 Changes of assumptions - 4,117,708 Net difference between projected and actual investment earnings on pension plan investments 5,155500 1 160,933 Total $ 5,321,567 $ 6,750,315 Page 118 of 1106 FINANCIAL STATEMENTS NOTES TO THE September ,2018 . Other Information(Continued) D. Defined Benefit Pension Plans(Continued) Pension Expense and DeferredInflows/Outflows of Resources Related to Pensions(Continued) Amounts reported as deferred inflows and deferred outflows of resources related to pensions will be recognized in pension expense as follows: Fiscal Year Ending General Police e r 30 Officers' Firefighters' 2019 $ (73,280) $ 1,803,403 $ 1,575,186 2020 (1,270,503) 993,576 (33,925) 2021 (1,349,561) 1,007,344 (24,137) 2022 (586,212) 783,074 (88,376) Separately Issued Pensionin Financial Statements The City's external auditors did not audit the financial statements of the General Employees', Police Officers' and Firefighters' Pension Funds which were audited by other auditors. Copies of the separate, audited financial statements of each pension plan can be obtained from the City's Pension Boards by calling (561)742-6081 or by writing to: Pension Administrator, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. E. CRA Defined Contribution Pians The CRA participates in a 401(a) defined contribution retirement plan and a 457(b) deferred compensation plan (the "Plans'). The Plans are qualified under Sections 401(a), 403(x) and 501(a) of the Internal Revenue Code and are administered by independent trustees. All employees who meet the Plans' eligibility requirements are qualified to participate. Employees make voluntary contributions to the 457(b) plan.The CRA contributes 20% of the total salaries of qualified participants to the 401(a) defined contribution retirement plan which totaled $144,172 for 2018. 6. Related Party Transactions The CRA is a blended component unit of the City. For the year ended September 30, 2018, the CRA's tax increment revenue includes $7,336,119 of taxes received from the City. In addition, the CRA reimbursed the City for services performed on behalf of the CRA, including information technology services, Clean & Safe program, landscape and maintenance services, festival expenses, human resources and payroll services,facility rental and permitting fees paid during the year. Payments by the CRA to the City for these services for the year ended September 30, 2018,totaled$3,335,074. 6. Subsequent Event On November 6, 2018 the City entered into a term loan agreement with a private lender to finance the cost for rehabilitation and construction of the Boynton Beach High School in the amount of$6,850,000. Interest accrues at a fixed rate of 4.85% beginning December 1, 2018, and is payable monthly through maturity on September 1, 2021. The City is required to deposit an interest reserve of $337,000 with the lender. Principal payments of $2,500,000 are due on September 1, 2019 and September 1, 2020, and the remaining principal balance plus accrued interest is due on September 1, 2021. Page 119 of 1106 I , � _ 4 i 1 4 Page 120 of 1106 Required Page 121 of 1106 Requi l a l c l s I the ensio '21' late is enerl les'Pension Lost t Fiscal Years 2017 2016 _ 2015 2M Total Pension Liability Service cast $ 3,435,186 $ 3,115,194 $ 2,990,326 $ 2,954,646 2,968,214 Interest 13,626,918 12v836,669 12,699,614 11,691,291 11,192,833 Changes of benefit terms - - 5,680,646 Differences between expected and actual experience 484,186 2,005,523 (4,891,541) 1,191,720 (13,973) Change in assumptions 1,800,889 4,538,235 Benefit payments,including refunds (91969,109) (9,749,117) ($516,2561 (7,784,781) (7,994,248) Other(Contributions toward elective benefits) 30,897 34,453 36.826 44.842 X 4092 Net change In total pension liability 9,408,967 12,781,957 2,318,969 13,774,364 6,196,918 Total pension liabllity,beginning of fiscal year 185.696.911 272,914454 170 595 985 156,821.621 150 624 703 Total pension Ilability,end of I year(a) S 195.105.878 172.914 954 S 170.595. 621 Plan Rduclary Net Position Contributlons Employer $ 7,110,298 $ 6,951,693 $ 7,615,053 $ 7,273,068 $ 6,71 773 Plans members 1,532,846 1,520 1,450,369 1,439,239 1,492,985 Net Investment Income 15,250,355 17,730,273 16,354,236 1,605,790 11AMA83 Benefit payments,Including refunds (91969,109) (9,749,117) (8,516,256) (7,784,7811 (7,9 48) Administration expense (137.7381 1144179) 1141,114) (142,5771 (135,2271 Net change In plan fiduciary net position 13,786,652 16,308,738 16,762,288 2,390,739 11,977,766 Plan fiduciary net position,beginning of fiscal year 165,934.113 149,62_S 375 132,863,087 130 472 348 118 94 582 Plan fiduciary net position,end of I 179.720 765 r(b) S 165°934.113 S 375 S 13L863.087 Net Pension Liability,and of fiscal year[(a)-(b)] S 15.385.113 S 19.76L s S 23. 579 S 37.732. S 2fi 73 Plan Fiduciary Net Position as a Percentage of Total Pension Liability 92.1% Covered Payroll S 21A56.414 S 21.223071 S 20.193A71 S 19.477.100 S 20698.471 Net Pension Liability as a Percentage of Covered Payroll Information prior to fiscal year 2014 Is not available. I Page 122 of 1106 Required Supplementary Information Schedule of Changes in the Net Pension Liability and Related Ratios PoliceOfficers'Pension plan Last Five Fiscal Years M-8 2017 2016 _2015 2014 Total Pension Liability Service cost $ 3,199,467 $ 2,856,162 $ 3,047,445 $ 2,767,701 $ 2,809,815 Interest 10,007,776 9,654,424 9,076,479 8,679,595 8,234,704 Differences between expected and actual experience 1,355,270 (11118,136) 1,820,086 (1,776,804) (129,636) Changes of assumptions 3,525,859 3,177,559 (565,994) 617,426 - Benefit payments,;ncluding refunds (6,939,906) (6,270,887) (6,262,438) (5,507,892) (5,519,854' Other(adjustments to reserves) 578,453 481,282 395,891 255,655 Net change in total pension liability 11,726,919 8,862,426 7,596,860 5,175,917 5,650,684 Total pension liability,beginning of fiscal year 133.418,274 124 555 848 116.958,988 111783 071 106.132,387 Total pension liability,end of fiscal year(a) .5 145. 193 133.418.274 S i 555. I S 111.783.071 Plan Fiduciary Net Position Contributions Employer S 5,355,058 $ 4,791,528 $ 4,391,305 $ 4,365,259 $ 4,159,736 State 825,507 781,307 735,945 675,227 645,579 Plan members 1,214,260 976,688 928,153 1,040,875 911,375 Net Investment income 6,379,064 8,797,727 8,254,453 1,428,464 7,154,203 Other income 102,504 98,740 109,362 78,614 28,186 Benefit payments,including refunds (6,939,90 (6,270,887) (6,262,438) (5,507,892) (5,519,854) Administration expense 1163,266} 1167,6981 1164,398} {153,1041 1125,1261 Net change In plan fiduciary net position 6,773,221 9,007,405 7,992,382 1,927,643 7,254,099 Plan fiduciary net position,beginning of fiscal year 95.209,495 86,202,090 78.209.708 76,282,065 69.027,966 Plan fiduciary net position,end of fiscal ywr(b) S 101. 2.716 95, 495 86.202422019111S 76.282. 5 Net Pension Liability,end of fiscal year[(a)-(b)] S 4.162477 S 38.2 .779 S 38 353.758 S 7 S 35.501. Plan Fiduciary Net Position as a Percentage of Total Pension Liability 70 39® 71.4% 69.2% 6s.9% Covered Payroll S 11.522,888 5 11.834.364 S 11.2 9.375 5 11.553.fi13 5 11.0 0.863 Net Pension Liability as a Percentage of Covered Payroll 374.6% 32 .9% 340.096 335.4% 320.7% Information prior to fiscal year 2014 is not available. Page 123 of 1106 Required Supplementary Information Schedule a s to the Net Pension Liability and Relatedis Firefighters'Pension Plan Last Five Fiscal Years zMe2017 6 1 Total n Liability 3 2014 Service cost $ 3,717,529 $ 3,330,443 $ 3,204,682 $ 2,988,536 $ 2,772,724 Interest 11,208,637 1010661945 9,542,671 8,955,215 8,188,369 Differences between expected and actual experience 1,224,054 668,799 1498,197) 706,071 128,363) Changes of assumptions 6,644,861 - 11809,581 e. Benefit payments,Including refunds (6,076,694) (51510,050) (5,176,836) (4,308,771) 14,342,743' Other(Rollovers to DROP&adjustments to reserves) 12.695) (161, I 79,370 399,111 _ ,082 Net change in total pension liability 10,070,831 15,039,304 7,151,690 10,551,743 7,246,069 Total pension liability,beginning of fiscal year 148,770,660 133,731,356 126 579 666 116,027,923 108 781 Total pension liability,end of fiscal year(a) S 15&841.491 S 133.731.356 S 126.579.666 Plan Fiduciary Net Position Contributions Employer $ 5,444,061 $ 4,293,563 S 4,195,420 $ 3,930,996 $ 3,522,147 state 789,121 883,314 923,246 963,573 11016,561 Plan members 1,473,516 11477,115 1,485,128 1,251,530 1,291,773 Net Investment income 9,221,736 12,165,106 9,197,486 282,853 7,187,580 Benefit payments,including refunds (6,076,694) (5.510 ) (5,176,836) (4,308,771) K342,743) Administration expense (141,569) (151,010) (161,122) (132,439) 1122,390) Other(Rollovers into DROP) 323,472 70,279 271.411 139.860343 843 Net change In plan fiduciary net position 11,033,643 13,22B,317 10,734,733 2,127,602 6,896,771 Plan fiduciary net position,beginning of fiscal year 104 369 743 91,242.426 80 406 693 78,279,091 69.382 320 Plan fiduciary net position,end offiscaill year(b) S ice. 743 S 78 279 1^ Net Pension LiablMy,end of fiscal year[(a)-(b)) 5 43 .105 S 4a 917 s az. 9.930 S a6 i7z.973 S 37.7 832 Plan Fiduciary Net Position as a Percentage of Total Pension Liability 72.7X 70.2 68.296 635% 67.596 Covered Payroll S 11.133.758 5 11.219 225 ®S 10.906.700 S 9.962.067 S 9925.925 Net Pension Liability as a Percentage of CAvered Payroll 380. 395.8% nma 390.5 A63.S� 3803 Information prior to fiscal year 2014 is not available. t z 1 s �I 4 Page 124 of 1106 Required Supplementary Information Schedules of City Contributions Pension Trust Funds Last Five!Fiscal Years ___LOIS 2017 2016025 2014 General Employees'Pension Fund Actuarially determined contribution $ 7,110,298 $ 6,951,693 S 7,608,338 $ 7,273,067 $ 6,780,773 Contributions In relation to actuarially determined contribution 7110 298 6,951,693 7.615.053 7 273 068 6 780 773 Contribution deficiency{excess} - S S 16 7151 Covered payroll S 21.456.414 _S 21.223.071 S 20.193.471 S 19.977.1 5 20.698.471__ Contributions as a percentage of covered payroll 33.195 32. 31.7% 3 .4 32.8% Police officers'Pension Fund Actuarially determined contribution $ 5,820,145 $ 5,256,615 S 4,856,392 S 4,830,346 $ 4,560,918 Contributions in relation to actuarially determined contribution 5820.145 5 256 615 4,.55,392 4.830.346 4,624823 Contribution deficiency(excess) S - _ Covered payroll L="92.-8 S 11.834.364 _ ______11.279.375__ �T11.553.fi13 S 11A7O. 63 Contributions as a percentage Of covered payroll 505% 44.4% 43.1% 41.8% Firefighters'Pension Fund Actuarially determined contribution $ 6,157,171 S 5,075,517 $ 4,899,742 $ 4,635,318 S 4,226,469 Contributions in relation to actuarially determined contribution 6.226.015 5,075,517 4,977.374 4,635 318 4.225,469 Contribution deficiency(excess} S t6 . 4i S S g Covered payroll ______11.133.758 S 11.219.225 5 10.9_ .700 $ 9.962.067 $_______ 9.925.925 Contributions as a percentage of covered payroll Information prior to fiscal year 2014 Is not available. Page 125 of 1106 Required Supplementary Information Notes to Schedules of City Contributions Pension Trust Funds Last Five Fiscal Years General Police Employees' Officers' Firefighters' Pension Pension Pension Fund Fund Fund Actuarial valuation date 10/1/2017 10/1/2017 10/1/2017 Measurement date 9/30/2018 9/30/2018 9/30/2018 Actuarial ods and assumptions used to ermine contribution rates: Actuarial cost method Entry Age Normal Entry Age Normal Entry Age Normal Amortization method Level Percent of Level Percent of Level Percent of Payroll,Closed Payroll,Closed Payroll,Closed Remaining amortization period 8 years 21 years 21 years Asset valuation method 5-Year Smoothed 5-Year Smoothed 5-Year Smoothed Investment rate of return(net of expenses,with inflation) 7.3%/year 7.25%/year 7.5 /year Salary increases(with Inflation) 3.5%-8.6%/year 5. -6.5%/year 3.5%-14.5%/year Inflation 2.8%/year 2.5%/year 2.5%/year Cost of living adjustments None 1.0%annually 2.0%five years after retirement Retirement age Experienced-based Experienced-based Experienced-based table xperie d- table of rates table of rates table of rates Mortality RP-2000 Combined P-2000 Combined RP-2000 Combined Healthy Participant Healthy Participant Healthy Participant Mortality Table using Mortality Table using Mortality Table using Scale BB Scale BB Scale Actuarially determined contribution rates are calculated at October 1,one year prior to the end of the fiscal year in which the contributions are reported. uarial Changes Revisions in benefits None (1) None (1) Ordinance 15-022 was passed on September 3,2015 and changed the benefit accrual for all members hired on or after 10-1-2015 to 3.0%per year of credited service.The benefit accrual for members hired prior to 10-1-2015 remains at 3.5%. Revisions in actuarial assumptions (6) (2)(4)(5) (3)(5) (2) RP-2000 Combined Healthy Participant Mortality Table using Scale BB was adopted on October 1,2011 and phased in over a five year period.For the current actuarial valuation 100%of the revised rate are used. (3)The investment return assumption was reduced from 7.65%In the 2013 actuarial valuation to 7.50%in the 2014 actuarial valuation. (4)The Investment return assumption was reduced from 7.75%in the 2015 actuarial valuation to 7.50%in 2016 and from 7.50%to 7.25%in the 2017 actuarial valuation. (5) RP-2000 Combined Healthy Participant Mortality Table using Scale 8B was adopted on October 1,2016. (6)The investment return assumption was reduced from 7.5%in the 2015 actuarial valuation to 7.4%in 2016 and from 7.4%to 7.3%in the 2017 actuarial valuation. Page 126 of 1106 Required Supplementary Information Schedules of Investment Returns Pension Trust Funds Last Five Fiscal Years Annual money-weighted rate of return, net of Investment expenses General Police Employees' Officers' Firefighters' Fiscal Year Ended Pension Pension Pension September 31 Plan Plan Pian 2018 9.70% 7.30% 8.87% 2017 12.50% 11.04% 12.86% 2016 12.60% 10.72% 11.07% 2015 0.80% 2.50% 0.78% 2014 10.20% 11.0096 9.54% Notes to Schedule: The money-weighted rate of return considers the changing amounts estimated as invested during a period and weights the amount of pension pian investments by the proportion of time they are available to earn a return during that period.Cash flows are estimated on a monthly basis and are assumed to occur at the beginning of each month.Cash inflows are netted with cash outflows,resulting in a net cash flow in each month.The money-weighted rate of return is calculated net of investment expenses. Information prior to fiscal year 2014 is not available. ASIA Page 127 of 1106 i Required Supplementary Information Schedules int e IOPEB 1.1labliftyto ios Current Fiscal Year 2018 Total OPEB Liability Service cost $ 642,372 Interest 3 Changes of assumptions (341,125) Benefit payments f33S,4SS) Net change in total OPER liability 286,298 Total OPEB liability,beginning of fiscal year 674 Total OPEB liability,end of fiscal year Covered Employee Payroll S 47.747. Net Pension Liability as a Percentage of Covered Employee Payroll 8 Notes to Schedule- Information ule:information prior to adoption of GASB Statement No.75 in fiscal year 2018 is not available. The plan is funded on a pay-as-you-go basis and is not administered as a formal qualifying trust. There were no plan assets as of the date of the most recent valuation. Since there are currently no invested plan assets held in trust to finance the OPEB obllWon,the discount rate is the long-term expected rate of return on tax-exempt,high quality municipal bonds based on the Fidelity 20-Year Municipal GO AA Index. Changes of Assumptions: Changes of assumptions and other Inputs reflect the effects of changes in the discount rate each year. The following are the discount rates used for each fiscal year: 7 3.50% 2018 3.83% I I i u �I i I Page 128 of 1106 . . FinancialCombining and Individual Fund Page 129 of 1106 ,n o� i 3 t , Page 130 of 1106 MAJOR GOVERNMENTAL FUNDS General Fund: The General Fund serves as the primary operating fund of the City. It accounts for all financial resources except those required to be accounted for in another fund. Boynton Beach CRA Special Revenue Fund: The Boynton Beach CRA Special Revenue Fund accounts for revenues and expenditures relative to all the general operations of the City's Community Redevelopment Agency(CRA).It is a blended component unit that encourages development in the City's downto Am area. Aft Page 131 of 1106 Major Governmental Funds Balance Sheets September 30,201 Boynton CRA Special General Revenue ASSETS Fund Fund Pooled cash and investments ,861,861 $ 2,368,299 Accounts receivable,net 3,6 ,130 7,128 Due from other governments 618,702 Due from other funds 3,405,698 -- Prepaid items 490 897 145,036 Total assetsS 2 . 2.288 5 2.520.463 LIABILITIES,DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE Liabilities: Accounts payable $ 2,297,672 104,846 Accrued liabilities 2,008,114 - Refundable deposits 514 786 13,315 Total liabilities 6.820,572 118,161 Deferred inflows of resources: Unavailable revenue 1,286,993 - Fund balance: Nonspendable Prepaid items 490,897 145,036 Committed for: Emergency purposes 8,324,107 Economic development 658,307 Assigned to: Economic development 1,54 ,959 Unassigned 7,11 .719 Total fund balance 15,933,723 2,402,302 Total liabilities,deferred inflows of resources and fund balance 24.041-288 S 2.520.463 Page 132 of 1106 'I' Major Governmental Funds Statements of Revenues,Expenditures, Changes in Fund Balance Fort the Year Ended September 3 ,20 IS Boynton Beach CRA Special General Revenue Fund Fund REVENUES Taxes 42,909,550 $ 11,776,329 Less:tax increment revenue (7,336,119) Licenses and permits 8,377,370 - Intergovernmental 10,991,092 - Charges for services 7,271,403 1,267,068 Special assessments 6,859,493 - Fines and forfeitures 266,310 - Rents and royalties 437,947 Investment earnings 107,806 138,978 Miscellaneous 2,921,284 - Total revenues 72,806,136 13,182,375 EXPENDITURES Current: General government 15,717,212 3,176,358 Public safety 59,647,201 Physical environment 1,303,877 Economic environment 313,792 Culture and recreation 8,047,712 Capital outlay 1,348,919 31,054 Debt service: Principal retirement 145,994 « Interest charges 19,568 - Total expenditures 86,544,275 3,207,412 Revenues over(under)expenditures (13,738,139) 9,974,963 OTHER FINANCING SOURCES(USES) Transfers in 15,067,850 Transfers out (2,417,186) (11,822,180) Issuance of installment debt 670,140 Total other financing sources and uses 13,320,804 (11,822.1801 Net change in fund balance 417 335 (1,847,217) Fund balance-beginning of year 16,351,058 4,249 519 Fund balance-end of year S 15.43 1.723 S 2.402.302 Page 133 of 1106 General Fund Balance Sheet September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and investments 15,861,861 11,131,925 Accounts receivable,net 3,664,130 3,979,539 Due from other governments 618,702 528,232 Due from other funds 3,405,698 4,729,316 Prepaid items 490 897 ,156 Total assets _1___24.041.288 S 20.8 .1 LIABILITIES,DEFERRED INFLOWS F RESOURCES D FUND BALANCE Liabilities: Accounts payable $ 2,297,672 740,543 Accrued liabilities 2,008,114 1,757,375 Refundable deposits 514,786 627,956 Total liabilities 6,820,572 3.125, 7 Deferred inflows of resources: Unavailable revenue 1,26,993 1.361,235 Fund lance: Nonspenclable: Prepaid items 490,897 469,156 Committed for: Emergency purposes 8,324,107 8,324,107 Assigned to: Subsequent year's budget - 118,100 Unassigned 7,11 ,719 7,439,695 Total fund balance 1 , ,72316 Total liabilities,deferred Inflows resources and fund balance AML Page 134 of 1106 i General Fund Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2018 (With Comparative Figures for 2017) 2018 2017 REVENUES Taxes $ 42,909,550 $ 39,957,209 Less.tax increment revenue (7,336,119) (6,590,331) Licenses and permits 8,377,370 7,550,572 Intergovernmental 10,991,092 10, 2,905 Charges for services 7,271,403 7,578,059 Special assessments 6,859,493 5,692,928 Fines and forfeitures 266,310 600,889 Rents and royalties 437,947 413,386 Investment earnings 107,806 148,509 Miscellaneous 2,921,284 964,837 Total revenues 72,806,136 66,958,963 EXPENDITURES Current: General government 15,717,212 11,144,116 Public safety 59,647,201 57,761,958 Physical environment 1,303,877 1,327,054 Economic environment 313,792 146,452 Culture and recreation 8,047,712 7,844,874 Capital outlay 1,348,919 738,558 Debt service Principal retirement 145,994 Interest charges 19.5 Total expenditures 86,544,275 78,963,012 Revenues over(under)expenditures (13,738,139} (12,004,049} OTHER FINANCING SOURCES(USES) Transfers In 15,067,850 14,842,000 Transfers out (2,417,186) (2,491,861) Issuance of installment debt 670,140 Total other financing sources and uses 13,320,804 12,350,139 Net change in fund balance (417,335) 346,090 Fund balance-beginning of year 16,351,058 16,004,968 Fund balance-end of year 5 15.933.723 5 16.351.058 Page 135 of 1106 Boynton Beach CRA Special Revenue Fund Balance Sheet September 30,2018 (VAth ComparativeFigures for 1 ) 2018 2017 ASSM Pooled cash and investments $ 2,368,299 4,259,996 Accounts receivable,net 7,128 6,496 Prepaid items 145,036 121196 Total assets 5 2.520.463 5 4,321,688 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable $ 104,846 131,309 Refundable deposits 13,315 10.860 Total liabilities 118 161_ 142,169 Fund alanc - Nonspendable: Prepaid Items 145,036 3.2S,296 Restricted for economic development - 88,123 Committed for economic development 658,307 1,196,951 Assigned to economic development 1.598.959 ____2&39,349_ Total fund balance 2,402,302 4.249,519 Total liabilities and fund balance S 2.520.469 S 4.391,698 s i x { k i i i` i`. Page 136 of 1106 Boynton each CRA Special Revenue Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2018 (With par tive Figures for 7' 2018 REVENUES Taxes 11,776,329 $ 10,579,150 Charges for services 1,267,068 1,135,721 Investment earnings 138,978 29,352 Total revenues 13,182,375 11,744,223 EXPENDITURES Current: General government 3,176,358 2,761,209 Capital outlay: General government 3.1,054 36,098 Total expenditures 3,207,412 2,797,307 Revenues over expenditures 9,974 963 8,9461916 OTHER FINANCING USES Transfers out {11,822,1801 {9,424,8301 Total other financing uses {11,822,1801 {9,424,8301 Net change in fund balance (2,847,217) (477,914) Fund balance-beginning of year 4,249,519 4727433 Fund balance-end of year S 2.402.302 4.249.519 Page 137 of 1106 ,11 �tYf 11 I. 1, J I 1�P 1 i i I Page 138 of 1106 MAJOR ENTERPRISE FUNDS Enterprise funds account for activities for which a fee is charged to external users for services or activities financed with debt that is secured solely by a pledge of the net revenues from fees of the activity, Water&Sewer Fund; To account for the operations of the City's water,sewer,and stormwater utility services. Sanitation Fund: To account for the operations of refuse and recycling pickup for all residences and commercial establishments located within the city limits of Boynton Beach. AUL Page 139 of 1106 Major Enterprise Funds Statements of NetPosition September 30,2018 Water& SwivelSanitation ASSETS Current assets: Pooled cash and investments $ 26,246,058 S - Accounts receivable,net 5,096,006 1,277,622 Due from other governments 5,907 Prepaid expenses 85.533 31.427,597 1,283.5 Restricted assets: '® Restricted pooled cash and investments: Customer deposits 1, 1,762 Revenue bond covenants 7,331,3114 Capital improvements 53.661,849 62,434,995 Restricted accounts receivable-customer deposits 38,722 62. 7717 Total current assets 93.901.314 1283529 Noncurrent assets: Investment In Regional Wastewater Joint Venture 18,810,713 - Intangible assets 2,910,000 Capital assets not being depredated 16,608,968 - Capital assets,net of accumulated depreciation 160.193.280 Total noncurrent assets 198.522,961 3,755 Totalassets 292,424.275 1,287, 4 DEFERRED OUTFLOWS OF RESOURCES Deferred charges on debt refundings 736,521 Deferred amounts related to pensions 1,902,945 553.182 Total deferred ouflows of resources 2,639,366 553, 2 LIABILITIES Current liabilities: Accounts payable 2,3S7,SD4 178,200 Accrued expenses 289,036 121,648 Contracts payable 5218 Refundable deposits 115,122 - Compensated absences payable 149,714 46,478 Due to other governments 55,743 Due to other funds 1.745 i 3.019,719 2 Current liabilities 7 payable from restricted assetr: Customer deposits 1,480,484 Revenue bonds,current maturities 3,6135,000 Accrued revenue bond interest IA27,000 - Contracts payable g&4,265 Total currentllabilfties 11,986 8,966,749 L68-- Noncurrent Noncurrent liabilities: Revenue bonds payable,less current maturities, plus unamorti:ed premium 87,005,047 Compensated absences payable,less current portion 1,001,930 311, Other postemployment benefits 2,665,578 774,919 Net pension liability 4,572, 5 1.329.274 Total noncurrent liabilities 95 0 2.415.235 Total liabilities 107.231.478 4. .592 DEFERRED INFLOWS OF RESOURCES Deferred amounts related to other postempioyment benefits 83,903 24,392 Deferred amounts related to pensions 2.920,753 815. Total deferred inlows of resources 3,004.656 _____839,740 NET P05171ON(DEFICIT) Net investment in capital assets 137,399,785 3,755 Restricted for: Revenue bond covenants 2,299,394 Unrestricted(deficit) 454211 13.50996211 Total net position[defickj Page 140 of 1106 -i Major Enterprise Funds Statements of Revenues,E enses,and es in et Position For the Year E September 30,201 water Sewer Sanitation OPERATING REVENUES Charges for services: Water sales $ 23,420,190 $ Sewer service 19,096,323 5tnrmwater utility fees 3,880,546 Garbage fees - 11,890,131 Recycling fees - 21,855 Total operating revenues 46,397059 11,911,986 OPERATING EXPENSES Personal services and benefits 9,603,027 3,353,426 Supplies,services and claims 12,728,677 4,947,516 Depreciation and amortization 12,5 ,654_ 1,298 Total operating expenses 34,872,358 8,302,2_40 Operating income 11,524 701® NONOPERATING REVENUES(EXPENSES) Investment earnings 54,395 Interest expense (3,203,498) Equity in loss of Regional Wastewater Joint Venture (748,657) Miscellaneous income 97,422_ (3,800,3381 Income before contributions and transfers 7,724,363 3,609,746 Capital contributions 2,138,466 - Transfers: Transfers in - 10,000 Transfers out (7,342 069) {2,383,1161 Total transfers 17,342,0691 (2,373,116) Change in net position 2,520,760 1,236,630 Net position(deficit)-beginning of year,as originally reported 183,861,255 (4,310,198) Restatement for implementation of GASB Statement 75 {1,554,5081 432 298 Net position(deficit)-beginning of year,as restated 182,3 747 {4,742,4961 Net position(deficit)-end of year 5 1 , 27,5Q7 S f3. 5.8661 Page 141 of 1106 i Major Enterprise Funds Statements of Cash Flows For the Year Ended September 30,2018 Water& Sewer Sianitation Cash Flom From Operating Activities Receipts from customers and users $ 46,429,344 $ 12,037,926 Receipts from others 97,422 Payments to suppliers (11,013,788) K090,826) Payments to employees (14,649,564) (3,543,487) Payments for interfund services used (795,092) 12,026,1511 Net cash provided by operating activities 24,068,322 2,377,462 Cash Flows From Non-Capital Financing Actilvities Transfers in - 10,000 Transfers out (7,342,0691 12,3 3,11 ) Net cash used In non-capital financing activities (7.342,0 69). (2,373,1161 Cash Flows From Capital and Related Financing ivities Acquisition of capital assets (7,937,388) K346) Capital contributions 2,138,466 Proceeds from issuance of revenue bonds 11,065,000 Principal payments on revenue bonds (3,425,000) - Interest payments on revenue bonds (3,261,374) Net cash used In capital and related financing activities 11,420.2961 4 346 Cash Flows From Investing ivity Interest on investments 54,395 Net cash provided by investing activity 395 Increase in cash and cash equivalents 15,360,352 Cash and cash equivalents-beginning of year 73 2 ,701 Cash and cash equivalents-end of year ; Reconciliation of Operating Income to Net Cash Provided By OperatingActivities: Operating income $ 11,524,701 $ 3,609,746 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 12,540,654 1,298 Provision for doubtful accounts (327,293) Miscellaneous income 97,422 Changes in operating assets and liabilities: Accounts receivable 364,208 112,532 Due from other governments - 13,408 Prepaid expenses (73,518) - Deferred amounts related to pensions 158,490 56,784 Deferred amounts related to other postemployment benefits 83,903 24,392 Accounts payable 986,648 30,378 Accrued expenses 8,492 14,618 Refundable deposits 6,431 - Due to other governments 6,667 - Due to other funds (1,1 ,839) Customer deposits (11,061) - Compensated absences payable (10,316) 10,129 Other postemployment benefits 85,087 24,736 Net pension liability (1,372,193) 1320,9201 Total adjustments 12,543,621 11,232,2 ) Net cash provided by operating activities 24.068.322 5 2,377,462 Noncash Investing,Capital and Related Financing Activities: Equity in loss of Regional Wastewater Joint Venture $ (748,657) $ - Amortization of bond premiums 305,467 Amortization of charges on refundings (137,157) Page 142 of 1106 Water&Sewer Fund Statement of Net Positron September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Current assets: Pooled cash and investments $ 26,246,058 S 24,896,945 Accounts receivable,net 5,096,006 5,142,152 Prepaid expenses 85,533 12,015 31,427,597 30,051,112 Restricted assets: Restricted pooled cash and investments: Customer deposits 1,441,762 1,462,054 Revenue bond covenants 7,331,384 7,009,114 Capital improvements 53 661849 39 952 588 62,434,995 48,423,756 Restricted accounts receivable-customer deposits 38,722 29_491 62.473,717 48,453,247 Total current assets 93,901,314 78504,359 Noncurrent assets: Investment In Regional Wastewater Joint Venture 18,810,713 19,559,370 Intangible assets 2,910,000 2,910,000 Capital assets not being depreciated 16,608,968 11,614,834 Capital assets,net of accumulated depreciation 160,193,280 169,164,701 Total noncurrent assets 198,522,961 203,248,905 Total assets 292,424,275 281,753,264 DEFERRED OUTFLOWS OF RESOURCES Deferred charges on debt refundings 736,521 927,867 Deferred amounts related to pensions 1,902,845 2.532,591 Total deferred ouflows of resources 2,639,366 3. 458 LIABILITIES Current liabilities: Accounts payable 2,357,504 1,370,856 Accrued expenses 288,836 280, Contracts payable 521 87,756 Refundable deposits 115,122 108,691 Compensated absences payable 149,714 151,055 Due to other governments 55,743 49,076 3,019,719 2,D47,778 Current liabilities payable from restricted assets: Customer deposits 1,480,484 1,491,545 Revenue bonds,current maturities 3,605,000 3,425,000 Accrued revenue bond Interest 1,427,000 1,370,755 Contracts payable 2,454,265 1,793,330 8.966,749 8,0 ,630 Total current liabilities 11,986,468 1JR&408 Noncurrent liabilities: Revenue bonds payable,less current maturities, plus unamortized premium 87,005,047 79,850,514 Compensated absences payable,less current portion 11001,930 11010,905 Other postemployment benefits 2,665,578 1,025,983 Net pension liability 4,572,455 5. 648 Total noncurrent liabilities 95,245,010 87,832,050 Total liabilities 107,231,478 97,960,458_ DEFERRED INFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits 83,903 Deferred amounts related to penslons 21920,753 3,392,00 Total deferred in lows of resources 3,004,656 3,392,009 NET POSITION Net investment in capital assets 137,399,785 135,663,279 Restricted for: Revenue bond covenants 2,299,384 2,213,359 Unrestricted 45.128.338 45,9 .617 Total net position 5 1 .827. 7 5 183.861.255 Page 143 of 1106 Water&Sewer Fund Statement Revenues,Expenses,and Changes in Net Position For the Year En ed September 3 ,201 (With Comparative Figures for 2017) 2018 f OPE TING REVENUES Charges for services. Water sales $ 23,420,190 $ 23,369,589 Sewer service 19,096,323 19,876,937 Stormwater utility fees 3,880,546 3,820,401 Total operating revenues 46,397,059 46056827 OPERATING EXPENSES Personal services and benefits 9,603,027 10,406,105 Supplies,services and claims 12,728,677 12,211, Depreciation and amortization 12,5 , 1 7 Total operating expenses 34872,358 34 ,4 Operating Income 11,524,7 ___IL7521371 NONOPERATING REVENUES( PENS ) Investment earnings 54,395 314,624 Interest expense (3,203,498) (1,635,333) Equity In loss of Regional Wastewater Joint Venture (748,657) (1,349,711) Loss on disposal of capital assets (202,978) Miscellaneous income 97,422 40,178 {3,80D,3381 _ _ (2,833,2201 Income before contributions and transfers 7,724,363 8,919,151 Capital contributions 2,138,466 215,756 Transfers: Transfers out {7,342.069} Total transfers (7,342 ) Change In net position 2,520,760 2,766,029 Net position-beginning of year,as originally reported 183,861,255 181,095,226 Restatement for implementation of GASB Statement 75 =125081 - et position-beginning of year,as re ted 182,306,747 181095,226 Net position-end of year 184.$27.507 S 193,fifil.25L Page 144 of 1106 Water&Sewer Fun Statement f Cash Flows For the Year Ended September ,201 (With Comparative i res for 2017) 2018 2017 Cash Flows From Operating Activities Receipts from customers and users 46,429,344 $ 45,850,201 Receipts from others 97,422 40,178 Payments to suppliers (11,013,788) (11,846,544) Payments to employees (10,649,564) (11,256,169) Payments for interfund services used (795,092) (670,970} Net cash provided by operating activities 24,068,322 22,116.696 Cash Flows from Non-Capital Financing Activity Transfers out (7,342 069) (6,368,878) Net cash used in non-capital financing activity (7,342,069) (6,368.878) Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (7,937,388) (17,520,170) Capital contributions 2,138,466 215,756 Proceeds from issuance of revenue bonds 11,065,000 23, ,000 Bond issuance costs paid (54,189) Principal payments on revenue bonds (3,425,000) (3,255,000) Interest payments on revenue bonds {3,261 37L 3 136 770 Net cash used in capital and related financing activities (1,420,296) (750,373) Cash Flows from Investing Activity Interest on investments 54,395 314,624 Net cash provided by investing activity 54,395 314,624 Increase in cash and cash equivalents 15,360,352 15,312,069 Cash and cash equivalents-beginning of year 73 320701 58,008,632 Cash and cash equivalents-end of year1 Reconciliation of Operating Income to Net Cash Provided By Operating Activities: Operating income 11,524,701 $ 11,752,371 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 12,540,654 11,687,167 Provision for doubtful accounts (327,293) 13,252 Miscellaneous income 97,422 40,178 Changes in operating assets and liabilities: Accounts receivable 364,208 (237,408) Prepaid expenses (73,518) 68,294 Deferred amounts related to pensions 158,490 (16,465) Deferred amounts related to other postemployment benefits 83,903 Accounts payable 986,648 (382,645) Accrued expenses 8,492 (6,747) Refundable deposits 6,431 (6,719) Due to other governments 6,667 8,021 Customer deposits (11,061) 2.4,249 Compensated absences payable (10,316) 21,311 Other postemployment benefits 85,087 79,944 Net pension liability (1,372,193) (928,1071 Total adjustments 12,543,621 10 364 325 Net cash provided by operating activities S 24.068,322 S 22.116.696 Noncash Investing,Capital and Related Financing Activities: Equity in loss of Regional Wastewater Joint Venture $ (748,657) $ (1,349,711) Loss on disposal of capital assets - (202,978) Amortization of bond premiums 305,467 313,067 Amortization of charges on refundings (137,157) (137,158) Capitalized interest - (1,488,507) Ask Page 145 of 1106 Sanitation Statement of Net Position September 30,2018 Comparative 2018 2017 ASSETS Current assets: Accounts receivable,net 1,277,622 1,390,154 Due from other governments 5,907 1 Total current assets 19283,529 1, 9 Noncurrent assets: Capital assets,net of accumulated depreciation 3,755 707 Total noncurrent assets 3.755 707 Total assets 1,287,2 1,410.176 DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to pensions 553,1.82 UABILFTIES Current liabilities: Accounts payable 178,200 147,822 Accrued expenses 121,648 106,830 Compensated absences payable 46,478 45,161 Due to other funds 1,745,031 2944870 Total current liabilities 2,091,357 ,±4,683 Noncurrent liabilities: Compensated absences payable,less current portion 311,042 302,230 Other postemployment benefits 774,919 317,985 Net pension liability1,329,274 1. ,1 Total noncurrent liabilities 2,415,235 2,270309 Total liabilities 4506,592 5.514, DEFERRED INFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits 24,392 Deferred amounts related to pensions 815,34812 Total deferred inlows of resources 839,740 909412 NET POSITION(DEFT Net investment in capital assets 3,755 7177 Unrestricted(deficit) 13,509,621) (4,310, 5} Total net position(deficit) (3.505.8661 5 !4.314.1981 Page 146 of 1106 Sanitation Fun Statement of Revenues,Expenses,and Changes in Net Position For the Year Ended September 30,201 (With Comparative Figures for 2017) 2018 2017 OPERATING REVENUES Charges for services: Garbage fees 11,890,131 11,781,261 Recycling fees 21,855 73,610 Total operating revenues 11,911,986 11,854,871 OPERATING EXPENSES Personal services and benefits 3,353,426 3,260,229 Supplies,services and claims 4,947,516 5,177,519 Depreciation and amortization 1,298 7,910 Total operating expenses 1302,240 8,4.45658 Operating income 3,609,74b 3,409,213 Transfers: Transfers in 10,0000 10,000 Transfers out (2,383,116) (3,537,242) Total transfers =511-1-61 {3,527,242) Change in net position 1,236,630 (118,029) Net position(deficit)-beginning of year,as originally reported (4,3910,198) (4,192,169) Restatement for implementation of GASB Statement 75 432 298 Net position(deficit)-beginning of year,as restated (4,742,496} 4 192 169 Net position(deficit)-end of year S [3,505.866) S 14,319,1201 AML Page 147 of 1106 Sanitation Fund Statement of Cash Flows For the Year Ended September 30,2018 1WIth Comparative Figures for 17) 2018 2017 Cash Flows From Operating Activities. Receipts from customers and users 12,037,926 11,763,920 Payments to suppliers (4,090,826) (3.D64.440) Payments to employees (3,543,487) (3,390,61M) Payments for interfund services used (2,026,1511 (1,7 1,532! Net cash provided by operating activities 2.377.462 _.3,52 Cash Flows From Non-Capital Financing Actilvides Transfers In 10,000 10,000 Transfers out U.383,116! (3.537.242) Net cash used in non-capital financing activities 373 116 (3,5272421 CapitalCash FlIows From and RelatedActivity Acquisition of capital assets (4,346! - Net cash used In capital and related financingactivity (4346 ! - Increase in cash and cash equivalents - Cash and cash equivalents-beginning of year - Cash and cash equivalents-end of year S nciliation of Operating Income to Net Cash Provided By OperatingActivities: Operating income $ 3,649,746 $ 3,409,213 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 1,298 7,910 Changes in operating assets and liabllkHes: Accounts receivable 112,532 182,200) Due from other governments 13, (8,951) Deferred amounts related to pensions 56,784 :L969 Deferred amounts related to other postemployment benefits 24,392 Accounts payable 30,378 (40,367) Accrued expenses 14,818 27,054 Due to other funds (1,199,839) 371,914 Compensated absences payable 10,129 (2.8M) Other postemployment benefits 24,736 47,060 Net pension liability (320,920) {203,656! Total adjustments 1232 284 118,029 Net cash provided by operating activities uzzafig S 3MgU42 r ( Page 148 of 1106 NON-MAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE Special Revenue Funds are funds containing certain revenue sources set aside for a specific purpose. Some funds contain legal restrictions requiring that they may only be spent for a specific purpose. Grants Fund: To account for Parks Development Grants and Law Enforcement Grants received by the City. FEMA Hurricane Fund:To account for hurricane related grants and expenditures. SHIP Grant Fund: To account for revenues and expenditures related to the State's affordable housing initiative program. CDBG Grant Fund: To account for revenues and expenditures related to the Community Development Block Grant. Traffic Safety Fund: To account for revenues and expenditures related to red light traffic cameras. Local Option Gas Tax Fund: To account for gas tax revenues restricted for roadway program expenditures. Community Improvements Fund:To account for revenues and expenditures relative to the City's low- income home improvements program. Green Building, Fund: To account for revenues and expenditures related to the City's energy improvements to public buildings. Public Art Fund: To account for fees collected from developers to be used by the City for establishing and enhancing public art throughout the City. Recreation Program Fund:To account for revenues and expenditures relative to recreation programs in the City. Boynton Beach Memorial Park Fund: To account for revenues and expenditures relative to the City's two cemeteries. Community Services Fund: To account for assets that are restricted for designated purposes. DEBT SERVICE FUNDS Debt Service Funds are used to account for resources accumulated and payments made for principal and interest on long-term debt of governmental funds. Public Service Tax Debt Service Fund: The Public Service Tax Debt Service Fund accounts for the payment of principal and interest and fiscal charges on the City's revenue bonds which are payable from non-ad valorem revenues. Boynton Beach CRA Debt Service Fund: To account for the accumulation of resources for the annual payment of principal and interest on long-term obligation debt of the Boynton Beach Community Redevelopment Agency. CAPITAL PROJECTS FUNDS Capital projects fiends are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary and trust funds. General Capital Improvements Fund: To account for City construction projects, such as major improvements to general City buildings and improvements to streets and sidewalks. Parks&Recreational Facilities Fund:To account for the acquisition or development of City parks and recreational lands funded by fees collected from developers. Boynton Beach CRA Bond Projects Fund:To account for capital projects funded through bonds issued by the Boynton Beach Community Redevelopment Agency. Local Government Surtax Improvement Fund; To account for infrastructure projects that will be funded by the one-cent sales surtax. i Page 149 of 1106 ' r I Funds ining Balance September 30,2018 Special Revenue Funds FEMA SHIP CDBG Grants Hurricane Grant Grant ASSETS Pooled rash and investments $ $ 900,130 $1,104,448 Receivables,net - Due from other governments 56,256 156,208 Due from other funds - Prepaid items _ Total assets 56.256 LIABILITIES,DEFERRED II OF RESOURCES AND FUND BALANCE(DEFICIT) Liabilities: Accounts payable $ 11,660 S 74,807 $ 49,512 Accrued liabilities Due to other funds 107,875 106,027 Due to other governments Refundable deposits Total liabilities 119 ,535 749 807 155.539 Deferred inflows of resources: Unavailable revenue 74175 622,841 Fund balance(deficit): Nonspendable: Prepaid items Restricted for: Public safety Grant programs 825,323 481,607 669 Debt service - - Capital projects Other purposes Committed for: Capital projects - Assigned to: Debt service Public safety Culture and recreation Cemetery maintenance Capital projects - Unassigned(deficit) (137.454) Total fund balance(deficit) (23ZA541 825,323 669 Total liabilities,deferred inflows of resources and fund balance(d It) �4 epi,, M 9 15 20 a II Page 150 of 1106 S edal Revenue funds Boynton Sub Total Local Beach special Traffic Option Community Green Public Recreation Memorial Community Revenue 5a Gas Tax IMpawments BuildingArtProgram Park Services Funds $1,574,654 $ 345,322 $ $ 166,460 $ 179,389 $ 441,771 $3,271,386 $ S51,194 $8,834,754 1,347 - - 1,334 13,489 16,170 59,721 112,277 - 4,045 388,507 114 178 $ 1.635.722 S 457.599 5 - S 166.460 5 1� 5� 5 33„24.875 =$„,.w,$�5�,;� ,5 9.239.609 $ 137,214 $ 350 $ 74 $ 1,000 $ 1,691 $ 16,418 $ 4,022 $ 608 $ 297,356 10,325 5,957 3,798 7,938 - 28,018 10,526 - - 224,428 152,311 - 152,311 65,072 3.306 68,378 289,525 350 20,925 1.000 72,720 20,216 11,960 3,914 770,491 60,872 757,988 64 114 178 293,168 293,168 1,307,599 457,249 - 457,249 558,157 558,157 1,346,197 _ 1,346,197 - 106,669 422,889 529,558 - 3,272,915 3,272,915 165,460 -- - 165,460 (81,797} (219.2511 1,346,197 457,249 (81,797, 165&460 10666.9_ 422.953 3,272,915 851.439 7,711,230 5 1.635.722 5 457.599 5 - 5 166.4 179.389 __$ 443.169_ S 3.2 .875 5 855,353 5 9.239.609 (Continued) Page 151 of 1106 Non-Major Govemmental Funds Combiningi September 30,2018 Debt Service Funcls I PEoJects Public Boynton Sub Total service Beach Debt General Perlis Tax Debt CRA Debt Service Capital Recreational Service Funds Improvements Faciliths ASSETS Pooled cash and investments $ 4,223,066 $ 91,193 $ 4,314,249 $ 1,302,970 356,038 Receivables,net 699,778 699,778 - Due from other governments 189,511 189,511 - Due from other funds 2,000,000 Prepaid items Total assets LIABILITIES,DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE(DEFICIT) Liabilities: Accounts payable $ 1,400 $ 1, 870,779 $ 513 Accrued liabilities - - - Due to other funds Due to other governments - - Refundable deposits Total liabilities 1 00i, 870,779 5, Deferred inflows of resources: Unavailable revenue Fund balance(deficit): Nonspendable: Prepaid Items Restricted for: Public safety Grant programs Debt service 9L193 91,183 Capital projects _ Other purposes - Committed for: Capital projects - -Assigned to: Debt service 5,110,955 5,110,955 Public safety _ - Culture and recreation - - Cemetery maintenance Capital projects 2,432,191 350,655 Unassigned(deficit) - - - - - Total fund balance(deficit) 5,110,955 9!, 5 202 138 2,432,191 350 Total liabilities,deferred Inflows 655 of resources and fund balance(deficit) Fad 5 91.1 5 203 53 5 3.302.970 { R E ION llll�� Page 152 of 1106 Capital Praje___Funds________ Boynton Beach Local SubTotal Non-Major CRA Government Capital Governmental Bond Surtax Projects Funds PE ects Improvement Funds Total $ 11,156,356 $ 6,801,535 $ 19,616,899 $ 32,765,902 715,948 348,626 348,626 926,644 _ _ 2, ,000 2,000,000 56,255 56,255 56,433 S 11.212.611 5 7.150.1fi1 22.021.780 S 36.464.927 $ 105,932 $ 43,361 $ 1,025,455 $ 1,324,211 28,018 224,428 152,311 1,0 1,0 69,378 106,932 43,361 1,026,455 1,798,346 757,88 56,255 56,255 56,433 293,168 1,307,599 - 91,183 7,106,800 7,106,800 7,564,049 558,157 5,777,612 5,777,612 5,777,612 - 5,110,955 1,346,197 529,558 3,272,915 5,271,812 8,054,658 8,220118 !219,2511 11,105,679 7 ,106800 20,995,325 33,908,693 S i . 12.611 S 7,150.161 S 22.021.780 S ,�6. .92.L. I Page 153 of 1106 Non-Major Governmental Funds Combining Statement of Revenues,Exenditures,and Changes in Fund Balance For the Year EndeTSeptember 30,2018 Special Revenue Funds FEMA SHIP CDOG u c G REVENUES Grants rant Grant Taxes,net of tax increment revenue $ $ $ Licenses and permits Intergovernmental 254,972 10,501 459,661 472,377 Charges for services - Fines and forfeitures Investment earnings 856 Donations - - Miscellaneous 17,877 3, Total revenues 254j972 10,501 478,394 76. 6 EXPENDITURES Current: General government 895,080 Public safety 92,853 - Physical environment Economic environment 157,070 280,254 Culture and recreation 116,789 Capital outlay: Public safety 15,811 Physical environment - Economic environment Culture and recreation 29,517 Debt service: Principal retirement -Interest charges - Total expenditures 2 4.97 895, 130 157,07028.0 Revenues over(under)expenditures 2 ( ,579} 321,324 195,7 82 OTHER FINANCING SOURCES(USESI Transfers in - - Transfers out (31,283) (202,987) Proceeds from sale of capital assets Issuance of Installment debt Total other financing sources and uses (31,2831 { 2, 71 Net change In fund balance 2 (884,579) 290,041 (7,205) Fund balance(deficit)-beginning of year 137 456 1709902 191,566 _ 7874 Fund balance(deficit)-end of year 7 Page 154 of 1106 Special Revenue Funds Boynton Sub Total Local Beach special Traffic Option Community Green Public Recreation Memorial Community nue Safety Gas Tax Improvements uilinrs Pro ____ Park Services Funds $ $1,350,572 $ $ $ $ $ $ $ 1,350,572 287,773 - 287,773 1,197,511 80,883 474,314 132,819 11,942 699,958 1,605,711 - 56,342 1,662,053 1,286 575 118 - 363 27,380 592 31,170 - 67,653 211,528 279,181 6,354 - 23,818 11,615 - 63 323 1,606,997 1.351,147 6,3 81,001 355,426 49 ,495 171,814 2 ,4 5,571,541 225,982 311,437 1,432,499 793,896 - - 202,178 1,088,927 1,150 6,875 - 8,025 241,997 - 679,321 184,967 431,071 12,103 744,930 _ 18,953 34,764 11,829 - 41,346 1,019,878 1,150 . 241.997 6,875 184967 442,900 311,437 233,234 4,029,812 587,119 1349,997 (235,643} 74,126 170,459 55,595 (139,5231 47170 1, 1,729 234,270 - 20,000 254,270 (100,000) (1,,298,850) (1001000) (41,263) - (1,774,383) {100, 1 (1,298,850) 234,270 - 20, 0 100"()(-)OL _ I41,263} (1.520,113) 487,119 51,147 (1,373) 74,126 190,459 (44,4051 (180,886) 47,170 21,616 s 91,334 (83,790) 467 358 3,453.801 269 7,689.614 859 078 6,102 ( ,4241 1 7 457,249 5 !81.7971 S 165.4 5 106.669 S 422.953 __ 3.272.915 851.439_ � (Continued) Page 155 of 1106 i Ron-Major Governmental Funds Combining nit s In FundBalance tin For the Year Ended September 30,2018 ServiceDebt I Projects Public Boynton Sub Total Service Beach Debt General Parks Tax Debt CRA Debt Service Capital Recreational service Service ns jMaMwments. Facilities REVENUES Taxes,net of tax increment revenue $ 10,060,286 $ - $ 10,060,286 $ $ Licenses and permits - - Intergovernmental 50,000 - Charges for services - 29,250 Fines and forfeitures - - - - Investment earnings 2,687 10,723 13,410 103 255 Donations - - - Miscellaneous Total revenues 10,061973 1 ,7 1 m73m696 2,050,103 505 EXPENDITURES Currents General government 5,750 5,750 3,250 Public safety - Physical environment - 12,983 Economic environment Culture and recreation 25,772 - Capital outlay: Public safety - Physical environment 22,735 Economic environment - - - Culture and recreation - 2,219,777 Debt service: Principal retirement 1,940,000 1167010W 3,610,000 721,623 Interest charges 6,770 _ 46 ,7 75.556 35,663Total expenditures _ 2,352,52 2.13&736 Revenues over(under)expenditures 7,710,453 42,12 , 3) 582,390 197 ,717} 2 OTHER FINANCING SOURCES(USES) Transfers In 2,140,955 2,140,955 1,095,370 - Transfers out (7,115,000) - (7,115,000) (45,370) Proceeds from sale of capital assets Issuance of installment debt 925, Total other financing sources and uses (7,115,0001 21 955 (4.974, 5) 2,020,370 {45,370} Net change in fund balance 595,453 12,892 608,345 1,041,653 (28,848) Fund balance(deficit)-beginning of year 4,51S 502 7$291 i__1593,793 1390 538 3 5 Fund balance(deficit)-end of year a: Page 156 of 1106 CaRltal Pro Jects Funds Boynton Beach Local Sub Total Non-Major CRA Government Capital Governmental Band Surtax Projects Funds PEJO Ir meet Funds Total $ $ $ 11,410,858 287,773 5,241,879 5,291,879 6,489,390 - 29,250 729,208 - 1,662,053 185,423 10,361 196,142 240,722 279,181 2,000,000 2,063,323 185,423 5,252,240 7,517,271 23,162,508 - 3,250 1,441,499 - - - 1,088,927 12,983 21,008 5,484,466 5,484,466 6,163,787 - 68,240 94,012 838,942 - - 34,764 - 22,735 22,735 3,717,027 - 3,717,027 3,717,027 - 1,079,022 3,298,799 3,340,145 - 721,623 4,331,623 35,663 911,219 9,201,493 1,147.262 13,390,558_ 21,911.676 (9,016,070) 4,1 ,978 15,873,287) 1,250,832_ 9,681,225 - 10,776,595 13,171,820 (45,370) (8,934,753) 1,154,212 1,154,212 1,154,212 925,000925,0 10,835,437 - 12,810,497 6,316.279 1,819,367 4,1 ,978 6,937,150 7,567,111 9,286,312 3001822 14,058,175_ 26,341,582 S 11.105.679 5 7.106. 0 S 20.995.325 S 3 ,90 . 93 Page 157 of 1106 Grants Fund Balance Sheet September 30,2018 (With arative Figures for 20171 2018 2017 ASSETS Due from other governments 56,256 36,247 Prepaid items - 2.100 Total assets 56.256 7 LIABILITIES,DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE(DEFICIT) Liabilities: Amounts payable 11,660 $ 2,259 Due to other funds 107,875 126 631 Total liabilities 119,535 128, Deferred Inflows of resources: Unavailable revenue 74 ,175 913 Fund balance(deficit): Nonspendable: Prepaid items - 2,100 Unassigned(deficit) (137,4541 139,556 Total fund balance(deficit) _ 1137,4541 (137,456) Total liabilities,deferred inflows of resources and fund balance(deficit) S 56.256 S 3 . 7 s ( i Page 158 of 1106 Grants Fund Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,201 (With Comparative Figures for 2017) 2019 2017 REVENUES Intergovernmental __254,972 230,953 Total revenues 254,972 230 953 EXPENDITURES Current: Public safety 92,853 111,344 Culture and recreation 116,789 115,977 Capital outlay: Public safety 15,811 - Culture and recreation 21517 3,633 Total expenditures 254,970 230,954 Revenues over(under)expenditures 2 (1} Net change in fund balance 2 (1) Fund balance(deficit)-beginning of year (137,456} (137,455) Fund balance(deficit)-end of year S (13Z,45L (137.456) I Page 159 of 1106 M1111 !WIWI FEMA Hurricane Fund Balance Sheet September 30,2018 JVAth Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and investments 900,130 1,737, 1 'total assets .. —..__900.130. S 1.73Z671 LIABILITIES FUND BALANCE Liabilities: Accounts payable 74,807 __ 271769 Total liabilities 7 , 07 27,76 Fund lance: Restricted for grant programs 825,323 1,70 , 2 Total fund balance 825 323 L Total liabilities and fund balance 900.1301.;J37,.157 Page 160 of 1106 FEMA Hurricane Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 3 ,2019 (With tiv Figures for2017) 2018 2017 REVENUES Intergovernmental 10,501 Total revenues 10,501 EXPENDITURES Current: General government 895,(} 0 38,578 Total expenditures 895.090 38,578 Net change in fund balance (884,579) (38,578) Fund balance-beginning of year 1,70.9,902 _____1,748,480 Fund balance-end of year 825.323 ___ 1.709 902 Page 161 of 1106 SHIP Balance September 30,2018 Comparative i 2018 2017 ASSETS Pooled cash and investments 1.104,448 960.218 Total assets _L___LjQL4ML2 DEFERRED INFLOWS OF RESOURCES D FUND BALANCE Deferred inflows of resources: Unavailable revenue _$ 622,841 2 Fund balance: Restricted for grant programs 481,607 19& 66 Total fund balance 481,607, _ _-191,566 ._ _ Total deferred inflows of resources and fund balance L i,i .44 _L____=21L .2 z 4 Page 162 of 1106 SHIP rant Fun Statement of Revenues,Expenditures,and Changes i Fund Balance Fort the Year Ended September 302018 (With ComparativeFigures r 2 17) 2018 2017 REVENUES Intergovernmental $ 459,661 72,568 Investment earnings 856 1,198 Miscellaneous 17,877 59,650 Total revenues 478,394 133,416 EXPENDITURES Current: Economic environment 157,070 82,043 Total expenditures 157.070 82j043 Revenues over expenditures 321,324 51,373 OTHER FINANCING USES Transfers out 131,2931 (9,474) Total other financing uses (31,283) (9,474] Net change in fund balance 290,041 41,899 Fund balance-beginning of year 191,566 149,667 Fund balance-end of year 481.607 191.566 Page 163 of 1106 i CDBG Grant Fund Balance Sheet September 30,201 (With Comparative Figures for 2017) 2019 2017 ASSETS Due from other governments 156,208 169 ,507 Total assets 156 S.__ 169.507 IIAMUTIES AND FUND RALANCE Liabilities: Accounts payable 49,512 62,246 Due to other funds 106,027 99,387 Total liabilities 155,539 161,633 Fundbalance: Restricted r grant programs 669 Total fund balance 669 7 Total liabilities and fund balance Page 164 of 1106 CDBG Grant Fun Statement ves,Expenditures,and Changes in Fund Balance For the Year Ended September 30,201 (With Comparative Figures for 2017) 2018 2017 REVENUES Intergovernmental 472,377 $ 492,795 Miscellaneous 31659 Total revenues 476,036 492,796 EXPENDITURES Current: Economic environment 280,254 3379101 Total expenditures 280,254 337,101 Revenues over expenditures 195,782 1559595 OTHER FINANCING SOURCES+)USES] Transfers in 50,00.0 Transfers out MZ,9 7} {197,821} Total other financing sources and uses {202,987} (147,821} Net change in fund balance {7,205} 7,874 Fund balance-beginning of year 7,874 - Fund balance-end of year 669 5 Z. Page 165 of 1106 Traffic Safety Fund Balance Sheet September 30,2018 ith Comparative Figures for 2017] 2018 2017 ASSETS Pooled cash and investments 1,574,654 886,494 Receivables,net 1,347 8,247 Due from other governments 59,721 Total assets 1,.635,.722 741 LIABILMES AND FUND BALANCE Liabilities: Accounts payable 137,214 $ 32,291 Due to other governments 152,311 3,372 Total liabilities 289L525 35 ,663 Fund balance- Assigned lance:Ass} ed to: Public safety 1,34 ,19795.9 Total fund balance 1, , 97959 ,079 Total liabilities and fund balance 1.635.722 IMAI Page 166 of 1106 Traffic Safety Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended pte er 30,201 (With Comparative Figures for 2017) 2018 2017 REVENUES Fines and forfeitures $ 1,605,711 856,715 Investment earnings 1,286 1,378 Miscellaneous 2,003 Total revenues 1,606,997 L60,096 EXPENDITURES Current: General government 225,982 126,326 Public safety 793,896 225,430 Total expenditures 1,019,878 351,756 Revenues over expenditures 587,119 50&340 OTHER FINANCING USES Transfers out 100 fl00 Total other financing uses {100,000) Net change in fund balance 487,119 508,340 Fund balance(deficit)-beginning of year 859,078 350,738 Fund balance-end of year 1.346,197 859.078 Page 167 of 1106 Local Option Gas Tax Fund Balance Sheet September 30,2018 (With Comparative Figures for 2017) 2018 7 ASSEM Pooled cash and investments $ 345,322 294,"9 Due from other governments 112277 111,653 Total assets S 457.599 M UABILITIES AND FUND BALANCE Liabilities: Accounts payable 350 $ - Total liabilities 350 Fund Ian Restricted for capital projects Tcal fund balance 457124 , Toftl liabilities and fund balanced7.W4 __ 5 .102 I Page 168 of 1106 Local Option Gas Tax Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2018 (With Comparative i rs for 1 ) 2018 2017 REVENUES Taxes 1,350,572 $ 1,368,662 Investment earnings 575 287 Total revenues 1,351,147 1, ,949 EXPENDITURES Current: Physical environment 1,150 1,067 Total expenditures 1,150 1,067 Revenues over expenditures 1,349,997 1,367,882 OTHER FINANCING USES Transfers out (1,298.8501 01,19899251 Total other financing uses 11,298.850) 11,198,9251 Net change In fund balance 51,147 168,957 Fund balance-beginning of year 406,102 237,145 Fund balance-end of year 40&10z K Page 169 of 1106 ...........I ---------1 calion Gas Tax Fun Statement of Revenues,Expenditures,and Changes in Fund Balance Budget and Actual For the Year Ended September 30,2018 Variance Original Final Final Budget al Pos ( l REVENUES Taxes $ 1,300,000 $ 1,3 ,000 1,350,572 50,572 Investment earnings - 575 575 Total revenues 1,300,000 1, ,0 1,351,147 51,147 EKPENDITURES Current: Physical environment 1,150 1.15 1,150 Total expenditures 1,150 1,15 1,150 Revenues over expenditures 1,2 ,2 1, 51,1 7 OTHERCIM USES Transfers out 11,298,850) (1,298,M), ( ,2 . 50i Total other financing uses (1,29 ,8501 (1.299.8501 (1,298, 501 Net change in fund balance S - 5 - 51,147 S 1.147 Fund balance-beginning of year 406.102 Fund balance-end of year S 457.249 Page 170 of 1106 Community Improvements Fund Balance Sheet September 30,2018 (With Comparative Figures for 2017' 2013 2017 ASSETS Pooled cash and investments S - Total assets LIABILITIES,DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE(DEFICIT) Liabilities: Accounts payable $ 74 $ 5 Accrued liabilities 10,325 6,427 Due to other funds 10,526 7,873 Total liabilities 20,925 1 ,3Q5 Deferred inflows of resources: Unavailable revenue 60,872 66,119 Fund balance(deficit): Unassigned(deficit) 181,7971 1814241 Total fund balance(deficit) 181,7971 (80,4241 Total liabilities,deferred inflows of resources and fund balance(deficit) Page 171 of 1106 Community Improvements Fund Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended Sep r , (With Comparative Figures r 2017) 2018 2017 REVENUES Miscellaneous 6,354 1.17 Total revenues ra4.354 1.17 EXPENDrrURES Current: Economic environment 241.997 226,600 Total expenditures 241297 226, Revenues over(under)expenditures 235,643! [225 221 OTHERFINANCING SOURCES Transfers In 234,270 2 . 5 Total other financing sources 234,270 207.2 Net change in fund balance (1,373) (28,127) Fund balance(deficit'-beginning of year (80,4241 (62 1297) Fund balance(deficit)-end of year - (81.797} - (89.4 r -- Page 172 of 1106 111M Community Improvements Fund Statement of Revenues,Expenditures,and Changes in Fund Balance Budget and Actual For the Year Ended September 30,201 Variance with Original Final Final Budget Budget et Actual Positive( e ativel REVENUES Miscellaneous 79100 71100 $ 6,354_ (746} Total revenues 7,10 7 100 6,354 {7 1 EXPENDITURES Current: Economic environment 238,756 238,756 2i, 7 {3,241) Total expenditures 238,756 238,756 241,997 (3,241} Revenues over(under)expenditures (231,656} (231,6561 (235, 3} (31987} OTHERFINANCING SOURCES Transfers in 170,000 170,000 234,270 64,270 Appropriated fund balance 6165661,656 - (61,6561 Total other financing sources 231,656 231,656 234,270 2,614 Net change in fund balance - - {1,373} (1,3731 Fund balance(deficit)-beginning of year {80,424} Fund balance(deficit)-end of year 181. 7i_ Page 173 of 1106 Green Building Fund Balance Sheet September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and Investments 166,460 S 9IL334 Total assets 91.334 FUND BALANCE Fund balance: Assigned to: Capital projects 165,460 91,334 Total fund balance S 166.460 91.3 Page 174 of 1106 Green uildi Fun Statement of Revenues,Expenditures,and Changes i Fund Balance For the Year Ended September 30,2018 (with rtive Figures for 17) 2018 2017 REVENUES Charges for services 80,883 $ 32,849 Investment earnings 118 135 Total revenues 81,001 32,984 EXPENDITURES Current: Physical environment 6,875 12,501 Total expenditures 6,875 12,501 Revenues over expenditures 74,126 20,483 Net change In fund balance 74,126 20,483 Fund balance-beginning of year 91,334 70,851 Fund balance-end cf year 165,460 91.334 Page 175 of 1106 Public Art Fund Balance Sheet September 30,2018 (With Comparative Figures for 2017) 2018 7 ASSETS Pooled cash and investments 179,389 16,222 Total assets 179.3AL $ 16,222 LIABILITIES AND FUND BALANCE(DEFICIT) Liabilities: Accounts payable $ 1,691 $Accrued liabilities 5,957 2,906 Refundable deposits 65072 97,206 Total liabilities 72j720 100 ,012 Fund balance(deficit): Assigned to: Culture and recreation 106,669 Unassigned(deficit) - ,7 } Total fund balance(deficit) 106,669 ( 3,790} Total liabilities and fund balance(deficit) 5 179.389_ 5 1 .222 4 I Page 176 of 1106 Public Art Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,201 (With Comparative Figures for 2017) 2018 2017 REVENUES Licenses and permits 287,773 64,077 Donations 67,653 23$417 Total revenues 355,426 3021494 EXPENDITURES Current: Culture and recreation 184,967 265,183 Total expenditures 184,967 265,183 Revenues over expenditures 170,459 37,311 OTHER FINANCING SOURCES Transfers in 20,000 2,0000 Total other financing sources 2 D00 2.0,000 Net change in fund balance 190,459 57,311 Fund balance(deficit)-beginning of year (83.790} 141,1011 Fund balance(deficit)-end of year 106.669 (83.7901 i Page 177 of 1106 Mill ME= Public Art Fund Statement of Rewenues,Expenditures,and Changes In Fund Balance Budget and Actual For the Year Ended September 30,2019 Vaidancewlth Original Final Final Actual Ill' ( 1 REVENUES Licenses and permits 350,000 350,000 287,773 (62,227) Donations 584650 58.J650 67,653 9, Total revenues _ 408,650 8,6 355,426 {53,224} EKPENDITURES Cu Culture and recreation 227,397 228,497 184,967 43,530 Capital outlay: Culture and recreation 106000 8,900 Total expenditures _____237L397 237L397_ 184,967 52, Revenues overexpenditures 271.253 171 253 17 ,45 17 } OTHER FINANCING SOUR (USES) Transfers In 20,000 20,000 20,000 Appropriated fund balance Total other financing sources and uses 20,000 20 ADO 20,000 Net change in fund balance 5 191.253 S 191.253 190,459 5 f7 I Fund balance(deficit)-beginning of year 790 Fund balance-end of year Page 178 of 1106 Recreation Proram Fund glance S e September 30,2019 (With parativ Figures for 2017) 2018 2017 ASSETS Pooled cash and Investments 1,771 $ 483,661 Receivables,net 1,334 140 Prepaid items 6 - Total assets 443,169 _S 483.801 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 16,418 8,256 Accrued liabilities 3,798 8,187 Total liabilities 20,216 16443 Fund balance: Nonspendable: Prepaid items 64 Assigned to: Culture and recreation 422,889 467,358 Total fund balance 422,953 467,358 Total liabilities and fund balance 443.162 S 483.801 Aft ti .. Page 179 of 1106 I Recreation Program Fund Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2 JVWth Comparative Figures for 2017] 2018 2017 REVENUES Charges for services $ 474,314 566,048 Investment earnings 363 934 Miscellaneous 23,818 22,094_ Total revenues 498,495 589 6 EXPENDITURES Current: Cultureand recreation 431,071 537,361 Capital outlay: Culture and recreation 111829 1011 Total expenditures 2,900 Revenues over(under)expenditures 55,595 FINANCINGOTHER USES Transfers out 1100,0 (100.000) Total other financing uses (100,0001 {i , ) Net change in fund balance (44,405) (149,823) Fund balance-beginning of year 467,358 617,191 Fund balance-end of year 422.953 5 .358 r i i I 'c i i IK Il Page 180 of 1106 II WIN!I ii Recreation r Fun Statement evus,Expenditures,and Changes in Fund Balance Budget and Actual For the Year Ended September 30,2018 Variance with Original Final Final Budget Budget Bu et Actual it! [ V ! REVENUES Charges for services $ 586,7 $ 586,750 $ 474,314 $ (112,436) Investment earnings 1,500 1,500 363 (1,137) Miscellaneous 22100 22,100 23,818 1,718 Total revenues 610,350 610,350 499-495LIll EXPENDITURES Current: Culture and recreation 668,399 668,399 431,071 237,328 Capital outlay: Culture and recreation 11,829 11, 2 Total expenditures 658,399 680,228 4429900 _ _ 237,328 Revenues over(under)expenditures 15810491 {69, 78} 55,595 125,473 OTHER FINANCING SOURCES(USES) Transfers out (100,000) (100,000) (100,000) Appropriated fund balance 1581049 169,878 - (169,878) Total other financing sources and uses ,0496 , 78 {1 ,000) (169,878) Net change in fund balance - - (44,405) f .4051 Fund balance-beginning of year 467,358 Fund balance-end of year S 422.953 I Page 181 of 1106 Boynton Beach Memorial Park Fund Balance Sheet September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and investments 3,271,386 3,454,077 Receivables,net 13, 9 10,565 Total assets 5 3.284.875 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 4,022 4,550 Accrued liabilities 7,938 6,291 Total liabilities 119960 1 Fund balance: Assigned to: Cemetery maintenance 3,27,2,915 M53,801 1 Tate]fund balance 3.272,915 531801 Total liabilities and fund balance ___5 3.2 . 7 _ 3.jO. Page 182 of 1106 i Boynton Beach Memorial Park Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September ,2018 (With Comparative Figures for 17' 2013 2017 REVENUES Charges for services 132,819 143,100 Investment earnings 27,380 23,822 Miscellaneous 11,615 10,525 Total revenues 171,814 177,447 EXPENDITURES Current: General government 311,437 316,138 Total expenditures 311437 316,138 Revenues over(under)expenditures 1139,6231 (138,6911 OTHER FINANCING USES Transfers out _(41,2631 (43,5681 Total other financing uses (41,263) {43,5681 Net change in fund balance (180,886( (182,259) Fund balance-beginning of year 3,453,801 3 636,060 Fund balance-end of year $ 3.272915 Page 183 of 1106 11M I I Boynton ach Memorial Park Fund Statement of Revenues,Expenditures,and Changes in Fund Balance Budget and Actual For the Year Ended September 30,2018 Verhmen with Original Final Final Budget Budget u Actual Poe, REVENUES Charges for services 103,000 128,0W $ 132,819 14,819 Investment earnings 20,000 20,000 27,380 7,380 Miscellaneous 7,500 7,500 11,615 4115 Total revenues 130,500 1 0 171,814 26,314 EXPENDITURES Current: General government 297,,2 42 3 311,437805 Total expenditures ______297.242 312.242 311,437 SOS Revenues ever(under)expenditures t1667421 1166,7421 t13 j623 2,7,119 OTHER FINANCING SUCS(USES) Transfers out (41,263) (41,263) (41,263) - Appropriated fund balance _ 208.005208 05 5} Total other financing sources and uses 1 6,7 2 1 ,742 (41,263] (2 , } Net change in fund balance S - - (180,886) # 61 Fund balance-beginning of year 3,453,801 Fund balance-end of year S 3.272.915 a Page 184 of 1106 Community Services Fund alance She September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and investments $ 851,194 $ 805,883 Receivables,net 1,352 Due from other governments 4,045 1,394 Prepaid items 114 144 Total assets 855,353 808.773 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 648 $ 1,169 Refundable deposits 39306 39335 Total liabilities 3,914 4LS04 Fund balance: Nonspendable: Prepaid items 114 144 Restricted for: Public safety 293,168 325,021 Other purposes 558,157 479,104 Total fund balance 851.439 804269 Total liabilities and fund balance 855.353 808.773 Page 185 of 1106 jill CommuniServices Fund Statement Revenues,Exen itures,and Changes in Fund Balance For the Year Ended September 30,2018 (With Comparative Figures r 2017) 2016 2017 REVENUES Charges for services $ 11,942 26,746 Fines and forfeitures 56,342 54,591 Investment earnings 592 - Donations 2119528 1 Total revenues 280,404 237.881 EXPENDITURES Current: General government 3,297 Public safety 202,178 260,502 Culture and recreation 12,103 60,L94 Capital outlay: Public safety 18953 10,250 Total expenditures _23312.34 334203 Revenues over(under)expendltu s 471170 ( b 322 Net change in fund balance 47,170 (96,322) Fund balance-beginning of year 804 ,269 9 ,591 Fund balance-end of year 851.439 8M.2fiq s 3 1 h Page 186 of 1106 ............. Public Service Tax Debt Service Fund Balance Sheet September 30,201 (With prtive Figures for 2017) 2019 2017 ASSETS Pooled cash and investments 4,223,066 $ 3,576,409 Taxes receivable 699,778 700,302 Due from other governments 189,511 238,791 Total assets S 5.112.3 4,515.502 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 1,400 - Total liabilities 1,400 Fund balance: Assigned to debt service 5.110,955 4,515,502 Total fund balance 5,110,955 4,515,502 Total liabilities and fund balance 5.112.355 S 4.515.502 ,; Page 187 of 1106 11 jjj� ,j 111111 i Public Service Tax Debt Service Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2018 (With o rative Figures for 2 1 ' 2018 2017 REVENUES Taxes 10,060,286 10,1 ,492 Investment earnings 2,687 4279 Total revenues 10,062,973 10138.771 EKPENDITURES Current: General government 5,750 S,409 Debt service: Principal retirement 1,940,000 11900,000 Interest charges406,770 6,273 Total expenditures 2.352,520 2,351,682 Revenues over expenditures 7,710,453 7787089 OTHER FINANCING USES Transfers out 21110 } (6,9_20 .,0M} Total other financing uses =M-001 ( , 2 ,QMJ Net change in fund balance 595,453 867,089 Fund balance-beginning of year 4,515,502 ,6 ,413 Fund balance-end of year 5.110.955 4.515.502 Page 188 of 1106 Public Service Tax Debt Service Fund Statement of Revenues,Expenditures,and Changes in Fund Balance Budget and Actual For the Year Ended September 30,2018 Variance with Original Final Final Budget Budget Bu et Actual Positive(NMativel REVENUES Taxes 9,498,SOO $ 9,498,500 10,060,286 $ 561,786 Investment earnings 1,500 11501 2,687 1,187 Total revenues 9,500,000 9,500,000 10,062,973 562,973 EXPENDITURES Current: General government 35,000 35,000 5,750 29,250 Debt service: Principal retirement 1,940,000 1,940,000 1,940,000 - Interest charges 410,000 410,0 6,770 3,230 Total expenditures 2,385,000 2,385000 2,352,520 32,480 Revenues over expenditures 7,115,000 7,115,000 7,710,453 595,453 OTHER FINANCING USES Transfers out [7,115,0 } (7,115, 0) ,_,ajj&000L Total other financing uses (7,115,000) {7,115,000) 17,115,000) Net change in fund balance 5 - 595,453 5 595.453 Fund balance-beginning of year 4,515,502 Fund balance-end of year .11fl.95 . ii ip� Page 189 of 1106 Boynton Beach CRA Debt Service Fun Balance Sheet September 30,2018 (WithComparative Figures for 1 ) 2018 2V17 ASSETS Fooled rash and investments 919183 7A291 Total assets 91AL 7 .22L FUND BALANCE Fund balance: Restricted for debt service 91.183 78,291 Total fund balance $ 91.183 78.291 Page 190 of 1106 Boynton Beach CRA Debt Service Fun Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,201 (With Comparative Figures for 2017' 2018 2017 REVENUES Investment earnings 11723 _ 4,421_ Total revenues 10,723 4,421 EXPENDITURES Debt service: Principal retirement 1,670,000 1,625,000 Interest charges _.._ 458,786 513,555 Total expenditures 2,138,786 2,138,555 Revenues over(under)expenditures (2,128,063] (2,134,1341 OTHER FINANCING SOURCES Transfers in 29140,955 211409220 Total other financing sources 2,140,955 2,140,220 Net change in fund balance 12,892 6,086 Fund balance-beginning of year 78,291 72,205 Fund balance-end of year S 93.18 S 78.291 Page 191 of 1106 General Capital Improvements Fun Balance Sheet September 30,2018 JWJth Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and investments 1,302,970 2,425,096 Due from other funds 22001000 Total assets 3.302.970 UAWLMES AND FUND BALANCE Liabilities: Accounts payable 870,779 ,5 Total liabilities 870,77934558 , Fund balance; Assigned to: Capital projects 2,432,191 239OS38 Total fund balance 2,432.191 9538 Total liabilities and fund balance s s ii j I Page 192 of 1106 General Capital Improvements Fund Statement of Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2018 (With Comparative Figures for 2017' 2018 2017 REVENUES Intergovernmental $ 50,000 $ Investment earnings 103 2,272 Miscellaneous 2,000,000 Total revenues 2,050,103 2,272 EXPENDITURES Current: General government 3,250 3,200 Culture and recreation 25,772 Capital outlay: General government - 39,295 Physical environment 22,735 129,047 Culture and recreation 2,219,777 939,789 Debt service: Principal retirement 721,623 - Interest charges 35,663 - Total expenditures 3,028,820_ 1,111,331 Revenues over{under}expenditures (978,717) 11,109,0591 OTHER FINANCING SOURCES Transfers in 1,095,370 1,153,925 Issuance of installment debt 925,000 Total other financing sources 2.020,370 1,153,925 Net change in fund balance 1,041,653 44,866 Fund balance-beginning of year 1,390,538 1,345,672 Fund balance-end of year 5 2.432.191 1.390,538 Page 193 of 1106 General Capital Improvements Fund Statement enues,Expenditures,and Changes In Fund Balance Budget and Actual For the Year Ended September 30,2018 Variance Original Final Final Budget Budget Buftq Actual PC ivel REVENUES Intergovernmental $ - 28,500 S 50,000 21,500 Investment earnings 7,452 7,452 103 V,349) Miscellaneous - 1,6 , 2,000,000 Total revenues 7,452 1,635,952 2,050,103 414,151 EXPENDITURES Current: General government 3,250 3,250 3,20 - Culture and recreation 100,000 ,175 25,772 72,403 Capital outlay. General government 90,000 90,000 - 90,000 Physical environment - 23,790 22,735 1,055 Culture and recreation 1,191,640 3,375,112 2,21 ,777 1,155,335 Debt service: Principal retirement - 721,623 (721,623) Interest charges - 35,663 (35.6631 Total expenditures 19384,890_ 3,590327 3,028,820 561,507 Revenues over(under)expenditures (1,377,438) [1,954,375) (978,7171 975,65 OTHER FINANCING SOURCES Transfers in 1,075,000 1,105,370 1,095,370 (10,000) issuance of installment debt - - 925,000 925,0013 Appropriated fund balance 302,438 84,9.005 } Total other financing sources 1,377,438 1. 54,375 2,020,370 65,995 Net change in fund balance S 5 - 1,041,653 Fund balance-beginning of year 1390 538 Fund balance-end of year O Page 194 of 1106 Parks&Recreational Facilities Fund Balance Sheet September 30,201 (With Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and investments $ 356 038 379503 Total assets 356.038 S 379503 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable S 5,383 Total liabilities 51383 - Fund balance: Assigned to: Capital projects 350,655 379,503 Total fund balance $ 356,038 S 379.503 Page 195 of 1106 Parks&Recreational Facilities Fund Statementof nues,Expenditures,and Changes in Fund Balance Forthe Year Ended September 30,2018 (With Comparative Figures for 2017) 2018 REVENUES Charges for services 29,250 87,024 Investment earnings 255 642 Total revenues 29,545 7, 66 EXPENDITURES Current: Physical environment 12,983 6,993 Capital outlay. General government - 75,4 Total expenditures 12,983 Revenues over expenditures 16,522 4,800 FINANCINGOTHER Transfers out 145,3701 -299,00-01 Total other flnancln uses __aL370L { 1 Net change in fund balance (28,848) (195,200) Fund balance-beginning of year 379.503 574,703 Fund balance-end of year 250.655374. 3 i i r I� I Page 196 of 1106 .................... I........... Boynton Beach CRA Bond Projects Fund Balance Sheet September 3 ,2018 (With Comparative Figures for 2017' 2018 2017 ASSETS Pooled cash and investments 11,156,356 9,803,445 Prepaid items 56.255 66,274 Total assets 5 11.212.611 S 9.869.719 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 105,932 S 575,236 Refundable deposits 1,000 8,171 Total liabilities 106,932 583407 Fund balance: Nonspendable: Prepaid items 56,255 66,274. Committed for: Capital projects 5,777,612 4,231,375 Assigned to: Capital projects 5,271,812 4 ,988,663 Total fund balance 11.105,679 9,286,312 Total liabilities and fund balance 5 11.212.611 S 9.869.719 Page 197 of 1106 Boynton Beach CRA Bond Projects Fund Statement Revenues,Expenditures,and Changes in Fund Balance For the Year Ended September 30,2018 (With Comparative Figures for 1 ) 2018 1 REVENUES Investment earnings 185,423 as,570 Total revenues 185,423 98,570 EXPENDITURES Current: Economic environment 5,484,466 3,233,455 capital outlay: Economic environment 3,717,027 1. 3 Total expenditures 9,201,493 4 863,118 Revenues over(under)expenditures (9,016,0701 14,774, ) OTHERFINANCING SOURCES Proceeds from the sale of capital assets 1,154,212 - Transfers In 9,6 8 1,225 7,294 610 Total other financing sources 10, 35,437 7284,610 Net change in fund balance 1,819,367 2,510,062 Fund balance-beginning of year 9,286,312 6,776.250 Fund balance-end of year S 1!.105.679 S 9.286.312 Page 198 of 1106 Local Government Surtax Improvement Fund Balance Sheet September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Pooled cash and investments 6,801,535 2,841,635 Due from other governments 348,626 3356873 Total assets 7.150.161 S 3.177, LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 43,361 $ 175, Total liabilities 43,361 175,686 Fund balance: Restricted for: Capital projects 79106,800 3,001,822 Total fund balance 7,106,800 3,001,822 Total liabilities and fund balance S 7.150.161 S 3.177.508 Page 199 of 1106 nil= Local Government Surtax Improvement Fund Statement of Revenues,Expenditures,and Changes In Fund Balance For the Year Ended September 30,201 (With Comparative Figures for 2017) 2018 2017 REVENUES Intergovernmental S,242,879 3,177,508 Investment earnings 10,361 Total revenues 5, 2,24 3,177 508 EXPENMURES Current: Culture and recreation 68,240 x Capital outlay: Culture and recreation 1,079,022 175,686 Total expenditures 1,147,262 1759 Revenues over expenditures 4,204,978 2 Net change in fund balance 4,104,978 3, 0L, Fund balance-beginning of year 3.001,822 Fund balance-end of year 7j =L==12 1, ®_ l i Page 200 of 1106 NON-MAJORS Enterprise funds account for activities for which a fee is charged to external users for services or activities financed with debt that is secured solely by a pledge of the net revenues from fees of the activity. Golf Course Fund:To account for operations of the City's municipal golf course. Page 201 of 1106 Jig 1111 1 111 1 1!111 Golf course Fund Statement of Net Position September 30,2018 With Comparative Figures for 17' Me 2017 ASSETS Current assets: Accounts receivable,net 3,525 3,392 Inventories 19, 7 Total current assets 7525 22,479 Noncurrent assets: Capital assets not being depreciated 1,356,467 1,356,467 Capital assets,net of accumulated depreciation 533,676 _617,,681 Total noncurrent assets 1,890,137 ,974__,148 Total assets 1,$93,662 199 ,627 DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to pensions 121, ,594 LIA111111.11TIES Current liabilities: Accounts payable 18,659 13,169 Accrued expenses 37,139 32,276 Due to other funds 974,160 898,113 Unearned revenues 29,651 27,317 Compensated absences payable,current portion _21,574 22-419 Total current liabilities 1.081.1 3,293 Noncurrent liabilities: Compensated absences payable,less current portion 144,378 150,036 Other postemployment benefits 170,410 97,682 Net pension liability L,236 Total noncurrent liabilities 607,105 727,954 Total liabilities L688.288 1721247 DEFERRED INFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits 5, Deferred amounts related to pensions 19D,71 277,311 Total deferred inflows of resources 196,105 277,311 NET POSITION Net investment in capital assets 1,890,137 1,974,148 Unrestricted(deficit) {1,759.219} 1,2,771MI Total net position S 130.918 202. a i ii sy „y Page 202 of 1106 Golf ou a Fund Statement of Revenues,Expenses,and Changes in Net Position For the Year Ended September 30,2018 (With Comparative Figures for 2 17) 2018 2017 OPERATING REVENUES Charges for services: Cart and green fees 1,249,244 $ 990,472 Dues 64,291 49,550 Other services 256,147 2449432 Total operating revenues 1,569L682 1,284,454 OPERATING EXPENSES Personal services and benefits 837,607 817,780 Supplies,services and claims 584,506 579,818 Depreciation and amortization 128,383 111,585 Total operating expenses 1,550,496 1,5 ,183 Operating income(loss) 19,186 f 224,7291 NONOPERATING REVENUES Gain on disposal of capital assets 1, Income(loss)before transfers 219146 (224,729} Transfers: Transfers in 3DO,000 Transfers out __M,6021 (11,924} Total transfers (25,6021 288,076 Change in net position (4,456) 63,347 Net position-beginning of year 202,663 139,316 Restatement for implementation of GASB Statement 75 (67,2891 Net position-beginning of year,as restated 135,374 139 316 Net position-end of year Page 203 of 1106 Golf Course Fund Statement of Cash Flows Fort the Year Ended September ,2018 Comparative Figures for 1 ) 2018 7 Cash Flows From Operating Activities Receipts from customers and users $ 1,571,873 $ 1,234,195 Payments to suppliers (432,251) {472,245) Payments to employees (1,019,988) (1,039,196) Payments for interfund services used (127,667) {115.2 ) Net cash used in operating activities {8,033} (392,514) Cash Flows From Non-Capital Financing Activities Loans from other funds 76,047 413,090 Transfers In 300,000 Transfers out 125.6021 _111,9241 Net cash provided by non-capital financing activities 50,445 701,166 Cash Rows From Capital and Related Financing Activities Acquisition of capital assets (44,372) (308,652) Proceeds from sale of capital assets 1,960 Net cash used in capital and related financing activities 2412 Increase in cash and cash equivalents - Cash and cash equivalents-beginning of year - Cash and cash equivalents-end of year 5 - Ro=dliation of Operating Income(Loss)to Net Cash Used In Operating ivities: Operating income(loss) 19,186 $ (224,729) Adjustments to reconcile operating Income(loss)to net cash used in operating activities: Depreciation and amortization 128,383 111,585 Changes in operating assets and liabilities: Accounts receivable (143) (49) Inventories 19,097 (11,081) Deferred amounts related to pensions (3,625) (17,301) Deferred amounts related to other postemployment benefits 5,364 Accounts payable 5,491 3,386 Accrued expenses 4,863 (2,915) Unearned revenues 2,334 ( ,210) Compensated absences payable (6,503) 8,379 Other postemployment benefits 5,439 12,771) Net pension liability {187,9191 1206 . } Total adjustments (27.2191 167 785 Net cash used in operating activities 18.0331 {392,514) Noncosh Capital and Related Financing Gain on disposal of capital assets 1,960 $ Page 204 of 1106 INTERNAL SERVICE FUNDS Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments of the government on a cost reimbursement basis. Vehicle Service Fund: To account for the cost of operating a maintenance facility for automotive equipment used by City departments and administration of the City's fleet. Warehouse Fund:To account for inventory and disbursement of commodities purchased in bulk. Self Insurance Fund: To account for worker's compensation insurance coverage of all City employees and the City's general and auto liability self-insurance program. Page 205 of 1106 i ........------M...........................a..........--l- MMEMim Internal Service Funds Combining Statement of Net Position September 30,2018 (With Comparative Figures for 2017) Vehicle S Service Warehouse Insurance 2018 2017 ASSETS Current assets- Pooled rash and investments $ 1,792,784 $ - 2,484,216 $ 4,277,000 $ 3,751,299 Prepaid expenses - 11,380 11,380 - Inventories 111 710,865 8801588 957,153 Total current assets 1,962,507 710,865 2,495,596 5,168,968 ___4,709,452 Noncurrent assets: Capital assets not being depreciated 33,166 - 33,166 33,166 Capital assets,net of accumulated depreciation 9,210,718 2, 9"213 2049,332,589 Total noncurrent assets 9,243,884 21486 9.246,370 9,365,755 Total assets 11,206,391 713,351 21495,596 14,415,338 4,207 DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to pensions 131,253 ,335 59,5 231,133 31,0,680 ILITIES Current liabilities: Accounts payable 583,057 149,753 307,670 1,040,480 1,2 ,269 Accrued expenses 26,009 9,257 12,754 48,020 41,825 Provision for insurance losses, current portion -- - 1,777,545 1,777,545 1,899,009 Compensated absences payable, current portion 7,358 5,597 2,160 15,105 12,23 Due to other funds 462079 - 2,079 2, 2 Total current liabilities 616,424 626676 2100129 Noncurrent liabilities: Provision for Insurance losses, less current portion - - 3,077,150 3,077,150 2,878,490 Compensated absences payable, less current portion 49,245 37,393 14,455 101,093 82,904 Other postemployment benefits 183,864 56,505 83,411 323,780 - Net pension liabililty 315395 96,926 143,082 555, 3 729, Total noncurrent liabilities 5 ,5 140,824 3 ___a318,098 4,057,426 Total liabilities 1,164,928 817,500 5,418,227 71400,655 7,575,415 DEFERRED INFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits 5,787 1,779 2,625 10,191 Deferred amounts related to pensions 17 69,472 112,080 365,628 6, Total deferred Inflows of resources 189,863 71,251 114,705 375,819 426,909 NET POSITION{DEFICIT) Investment in capital assets 9,243,8 2, - 9,246,370 9,365,755 Unrestricted(deficit) 738.964 (137,5501 12,977,792) (2,376,373) 12,983,192] Total net position(deficit) =135.W41 1 S 12.977.7921 5 6.869.997 S 6.382.563 i Page 206 of 1106 m !��1111iij�lji wjj' 1 11 jjj- 11'�I�'I Internal Service Funds Combining Statement of Revenues,Expenses,and Changes in Net Position For the Year Ended September ,2018 IW!th Comparative Figures for 2017) Vehicle Self Total Total Service Warehouse Insurance 2018 2017 OPERATING REVENUES Charges for services $ 3,807,797 $ 361,787 $ 4,900,003 9,069,587 $ 8,191,952 Total operating revenues 3,807,797 361,787 4,900,003 9,069,587 8,191,952 OPERATING EXPENSES Personal services and benefits 940,946 264,633 355,709 1,461,288 $ 1,327,963 Supplies,services and claims 2,833,021 31,259 5,168,153 8,032,433 7,829,734 Depreciation and amortization 3.782,208 989 183 3,783,380 3,770,610 Total operating expenses 7,456,175 296,881 5,524,045 13,277,101 12,928,307 Operating income(loss) 64,906 (624,042} 14,207,514) (4,736,355) OPEATIG REVENUES Investment earnings 1,662 - 2,528 4,190 3,127 Gain on disposal of capital assets 122,097 m - 122,097 229,017 Miscellaneous income 522 206348206,870 730,003 124,281 - 208,876 3339157 962,147 Income(loss)before transfers (3,524,097) 649906 (415,166) (3,874,357) (3,774,208) Transfers: Transfers in 4,061,512 - 618,600 4,680,112 4,498,657 Transfers out - (4,876) - (4,8761 124184) Total transfers 4,061,512 (41876) 618,600 4,675,236 4,496,473 Change in net position 537,415 60,030 203,434 800,879 722,265 Net position(deficit)-beginning of year, as orginally reported 9,623,433 (140,393) (3,100,477) 6,382,563 5,660,298 Restatement for implementation of GASB Statement 75 (177,995) (54,701) (80,7491 1313,445) - Net position(deficit)-beginning of year, as restated 9,445,438 (195,094) (3,181,2261 6,069,118 5,660,298 Net position(deficit)-end of year 5 9.982.853 1135.0641 -6-12,272J= S 6.869.997 S 6.382,563 i Page 207 of 1106 Internal Service Funds Combining For the Year Ended r 30,2018 September or 2017) vehicle self Total Total Service u Insurance 201 7 Cash Flovis From Operating Activities Receipts from interfund services provided $ 3,807,797 $ 361,787 $ 4,900,003 $ 9,069587 $ 8,191.952 Receipts from others 522 206,348 206,870 730 ents to suppliers (3,032,124) 169X6) (5,061,540) (8,163,550) (6,170,702) Payments to employees (909,066) (283,273) (375,751) (11568,090) (1,537,478) Payments for Interfund services used (154,445) (2,035) 1164) (156,644) [131,695) Net cash provided by (used in)operating activities _® 1287,316) 6.593 (331,104} (611,8271 1,082,0110 Cash Flom From Non-Capital Financing Activities Loans from other funds (1,336,853) Transfers in 4,061,512 618,600 4,680,112 4,498,657 Transfers out 14®876} 14.876) (2, 1 Net cash provided by(used In) non-capital financing activities 4.061®512 [4,876) 618.680 4.675,236 3®159.6 Cash FkMs From Capital and Related Financing Activities Acquisition of capital assets (3,662,278) (1,717) - (3,663,995) (2,1 ,334) Proceeds from sale of capital assets 122,097 - 122,097 229LO17 Net cash used In capital and related financing activities11,7171 (3,541,898} ti 317) Cash Flown From Investing Activity Investment income 1.662 2.528 4.190 3,127 Net cash provided by Investing activity 1.662 2,528 4,190 3.127 Increase in cash and cash equivalents 235,677 - 290,024 525,701 2,359,510 Cash and cash equivalents-beginning of year 1.557,107 2,1 ,192 3751299 1391,7 Cash and cash equivalents-and of year 1.792.784 S 2. .216 I $ 3.751.299 Recondlikiffion of Operating Income(LOSS)to Net Cash P (Used In)Operating Activities: operating income(loss) $ {3,648,378) $ 64, $ (624,042) $ (4,207,514) $ (4,736,355) Airjustments to reconcile operating income(loss)to net cash provided by(used In)operating activities: Depreciation and amortization 3,782,208 gag 183 3,783,380 3,770,610 Miscellaneous Income 522 206,349 206,870 730,003 Changes in operating assets and liabilities: Prepaid expenses (11,380) (11,380) 150 Inventories 21,482 55,093 76,565 (136,867) Deferred amounts related to pensions 10,249 3,295 4,722 18,266 (13,021) Deferred amounts related to other postemployment benefits 5,787 1,779 2,625 10,191 Accounts payable (375,030) 94,618 40,623 (239,789) 872,851 Accrued expenses 1,889 1,359 2,947 6,195 1,943 Due to other funds - (190,363) (190,363) 9,838 Provision for insurance losses - 77,206 77,206 781,365 Compensated absences payable 7,710 2,679 11,667 22,056 6,226 Other postemployment benefits 51869 1,1104 2,662 10,335 Net pension liability (99,6241 129556 44,665) {173.8451 f .6631 Total adjustments 3.361,062 (58,3131 292,938 3,595,687 5, ,597 Net cash provided by (used in)operating activities S [287.3161 $ 6593 5 {331.1041 S {611.8271 S 1.072.242 Noncash Capital and Related Financing Gain on disposal of capital assets $ 122,097 $ $ $ 122,097 $ 229,017 Page 208 of 1106 Vehicle Service Fund Statement of Net Position September ,2018 (With o r tive Figures for 2017) 2018 2017 ASSETS Current assets: Pooled cash and Investments 1,792,784 1,557,107 Inventories 169,723 191,205 Total current assets 1,962,507 1,748,312 Noncurrent assets: Capital assets not being depreciated 33,166 33,166 Capital assets,net of accumulated depreciation 9,210,718 9L330 648 Total noncurrent assets 9,243,884 ,363,814 Total assets 11,206,391 11,112.126 DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to pensions 131253 1769810 LIABILITIES Current liabilities: Accounts payable 583,057 958,087 Accrued expenses 26,009 24,120 Compensated absences payable,current portion 7,358 6,356 Total current liabilities 616,424 988,563 Noncurrent liabilities: Compensated absences payable,less current portion 49,245 42,537 Other postemployment benefits 183,864 Net pension liability 315,395 415,019 Total noncurrent liabilities 548,504 457,556 Total liabilities 1.164.928 1j446 19 DEFERRED IFLO 5 OF RESOURCES Deferred amounts related to other postemployment benefits 5,787 - Deferred amounts related to pensions 184,076 219,384 Total deferred inflows of resources 189,863 219,384 NET POSITION Investment In capital assets 9,243,884 9,363,814 Unrestricted 738.969 259 619 Total net position 2.853 S 9.623.433 Page 209 of 1106 Vehicle Service Fund Statement of Revenues,Expenses,and Changes in Net Position For the Year Ended September 30,2018 JVAth ComparativeFigures for 2017? 2018 2017 OPERATING REVENUES Charges for services S 3,807,797 ,247,763 Total operating revenues 3,807,797 3,247,763 OPERATING EXPENSES Personal services and benefits 840,946 695,846 Supplies,services and claims 2,833,021 2,534,995 Depredation and amortization 3,782,208 3,769,540 Total operating expenses 7,456.175 7,0DQ,3 1 Operating loss (3,648,3781 (3,752,618} NONOPERATING REVENUES Investment earnings 1,662 693 Gain on disposal of capital assets 122,097 229,017 Miscellaneous income 522 124,281 229,710 Loss before transfers (3,524,097} (3,522,9 1 Transfers: Transfers in 4,061,512 4,227,203 Total transfers 4,061,512 4227,203 Change in net position 537,415 704,295 Net position-beginning of year,as ori ally reported 9,623,433 8,919,238 Restatement for Implementation of GASB Statement 75 0177,995) Net position-beginning of year,as restated 9, 5.438.919136 Net position-end of year 2,982. Page 210 of 1106 Vehicle Service Fund Statement of Cash Flows For the Year Ended September 30,201 (With Comparative Figures for 20171 2018 2017 Cash Flows From Operating Activities Receipts from interfund services provided $ 3,807,797 S 3,247,763 Receipts from others 522 - Payments to suppliers (3,032,124) (1,695,757) Payments to employees (909,066) (870,937) Payments for Interfund services used {154, 5} (129,gg} Net cash provided by(used in)operating activities (287,316) 551,381 Cash Flows From Non-Capital Financing Activities Loans from other funds - (1,336,853) Transfers in 4,061,512 4,227,203 Net cash provided by non-capital financing activities 4,061,512 2,890,350 Cash Flows From Capital and Related Financing Activities Acquisition of capital assets {3,662,278} (2,114,334) Proceeds from sale of capital assets 122,097 229,017 Net cash used in capital and related financing activities (3,540,181} 1 5 317 Cash Flows From Investing Activity Investment income 1,662 693 Net cash provided by investing activity 1,662 693 Increase in cash and cash equivalents 235,677 1,557,107 Cash and cash equivalents-beginning of year 1,557,107 Cash and cash equivalents-end of year 5 1.792.7 S 1.557.1 7 Reconciliation of Operating Loss to Net Cash Provided By(Used In)Operating Activities: Operating loss $ (3,648,378) $ (3,752,618) Adjustments to reconcile operating loss to net cash provided by(used in)operating activities: Depreciation and amortization 3,782,208 3,769,540 Miscellaneous income 522 Changes in operating assets and liabilities: Inventories 21,482 (104,746) Deferred amounts related to pensions 10,249 (13,841) Deferred amounts related to other postemployment benefits 5,787 Accounts payable (375,030) 814,296 Accrued expenses 1,889 4,469 Compensated absences payable 7,710 3,830 Other postemployment benefits 5,869 Net pension liability (99,624) (169, 91 Total adjustments 3,361,062 ...... 999 Net cash provided by(used in)operating activities S ( 87.3 551.381 Noncash Capital and Related Financing Acthrity: Gain on disposal of capital assets $ 122,097 $ 229,017 Page 211 of 1106 Warehouse Fund Statement of Net Position September 30,2018 With Comparative Figures for 2017' 2019 17 ASSETS Current assets: Inventories 710,865 __,949 Total current assets 710,865 765,949 Noncurrent assets: Capital assets,net of accumulated depreciation 2,486 1.758 Total noncurrent assets 29486 1,758 Total assets 713,351 767,706 DEFERRED OUTFLOWS OF RESOURCES Deterred amounts related to pensions 40,336 53,885 LIABILITIES Current liabilities: Accounts payable 149,753 55,135 Accrued expenses 9,257 7,898 Compensated absences payable,current portion 5,587 5,239 Due to other funds 462,079 652,l Total current liabilities 626,676 720,714 Noncurrent liabilities: Compensated absences payable,less current portion 37,393 35,062 Other postemployment benefits 56,505 - Net pension liability 961926 126 Total noncurrent liabilities 190 ,824 2kL544 Total liabilities 17,5 2,25 DEFERRED INFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits 1,779 Deferred amounts related to pensions 69,47279,726 Total deferred inflows of resources 719251 ,726 NET PCWTION(DEFICIT) Investment in capital assets 2,486 1,75 Unrestricted(deficit) {137,550} (1 ,151} Total net position(deficit) Page 212 of 1106 Warehouse Fun Statement of Revenues,Expenses,and Changes in NetPosition For the Year Ended September 30,201 (WithComparative Figures for 2017) 2018 2017 OPERATING REVENUES Charges for services 361,787 3081894 Total operating revenues 361,787 308,894 OPERATING EXPENSES Personal services and benefits 264,633 276,416 Supplies,services and claims 31,259 19,358 Depreciation and amortization 989 703 Total operating expenses 296,881 296,077 Operating income 64,906 12 817 Transfers: Transfers out (4,8761 12,1841 Total transfers 14&U6 12,1 1 Change in net position 60,030 10,633 Net position(deficit)-beginning of year,as orignally reported (140,393) (151,026) Restatement for implementation of GASB Statement 75 ( ,701) Net position(deficit)-beginning of year,as restated (195,0941 151026 Net position(deficit)-end of year _ 1135.0641 Page 213 of 1106 Warehouse Fund Statement of Cash Flows For the Year Ended September 30,2018 (With Comparative i s for 17) 2018 2017 Cash Flows From Operating Activities Receipts from lnterfund services provided 361,787308,894 Payments to suppliers (69,886) (10,613) Payments to employees (283,273) (294,257) Payments for interfund services used (2,035) (1,NO1 Net cash provided by operating activities 6 593 2, Cash Flows From Non-Capital Financing Transfers out {4,876] (2L1 ) Net cash used in non-capital financing activity {4,876) (2,1 S Cash Flom From itl and Related Financing Activity Acquisition of capital assets (1,717) Net cash used In capital and related financing activity increase in cash and cash equivalents Cash and cash equivalents-beginning of year Cash and cash equivalents-end of year Reconciliation of Operating Income to Net Cash Providedy Operating Activities: Operating income $ 64,906 $ 12,817 Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation and amortization 989 703 Changes in operating assets and liabilities: Inventories 55,063 (32,121) Deferred amounts related to pensions 3,295 (410) Deferred amounts related to other poslemploVment benefits 1,779 - Accounts payable 94,618 29,288 Accrued expenses 1,359 (1,153) Due to other funds (190,363) 9,938 Compensated absences payable 2,679 3,564 Other postemployment benefits 1,804 Net pension liability (29,556) (20,242) Total adjustments (58,313) (1 , 3] Net cash provided by operating activities S 2.194 b, Page 214 of 1106 Self Insurance Fund Statement of Net Position September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Current assets. Pooled cash and investments $ 2,484,216 $ 2,194,192 Prepaid expenses 11,380 - Total current assets 2,495,596 2,194,192 Noncurrent assets: Capital assets,net of accumulated depreciation 183 Total noncurrent assets 183 Total assets 2,495,596 2,194,375 DEFERRED OUTFLOWS OF RESOURCES Deferred amounts related to pensions 59,544 79,985 LIABILITIES Current liabilities: Accounts payable 307,670 267,047 Accrued expenses 12,754 9,807 Provision for insurance losses,current portion 1,777,545 1,899,009 Compensated absences payable,current portion 2,160 643 Total current liabilities 2,100,129 2,176,506 Noncurrent liabilities: Provision for insurance losses,less current portion 3,077,150 2,878,480 Compensated absences payable,less current portion 14,455 4,305 Other postemployment benefits 83,411 - Net pension liability 143,082 187,747 Total noncurrent liabilities 3318098 3,D70,532 Total liabilities 5,418,227 5,247,038 DEFERRED INFLOWS OF RESOURCES Deferred amounts related to other postemployment benefits 2,625 Deferred amounts related to pensions 112 080 127 799 Total deferred Inflows of resources 114,705 127,799 NET POSITION(DEFICIT) Investment in capital assets 183 Unrestricted(deficit) (2,977,792} (3,100,660) Total net position(deficit) 12.977.792} 19.1al).4771 Page 215 of 1106 Self Insurance Fund Statement of Revenues,Expenses,and Changes in Net Position For the Year Ended September 30,2018 (With rive Figures for 2017) 2018 Z OPERATING REVENUES Charges for services 4,900,003 4,635 ,295 Total operating revenues 49900,003 4,635,295 OPERATING EXPENSES Personal services and benefits 355,709 356,101 Supplies,services and claims 5,168,153 5,275,391 Depreciation and amortization 183 _ 367. Total operating expenses 5,524,045 5,631, Operating loss 1624 2) (9965 ) NONOPERATING REVENUES Investment earnings 2,528 2,434 Miscellaneous income 206,3 7 ,,003 20 . 76 72. 7 Loss before transfers (415,1 ) ( ,117) Transfers: Transfers in 618,600 271,454 Total transfers 618,640 271,454 Change in net position 203,434 7,337 Net position(deficit)-beginning of year,as os ally reported (3,100,477) (3,107,814) Restatement for implementation of GASB Statement 75 (80,749) Net position(deficit)-beginning of year,as restated (3,181,226] 14 Net position(deficit)-and of year 6 f 2. 77.7 1 Page 216 of 1106 10 1 Self Insurance Fund Statement of Cash Flows For the Year Ended.September 30,2018 (With Comparative Figures for 2017) 2018 2017 Cash Flows From Operating Activities Receipts from interfund services provided $ 4,900,003 $ 4,635,295 Receipts from others 206,348 730,003 Payments to suppliers (5,061,540) (4,464,332) Payments to employees (375,751) (372,284) Payments for interfund services used (1 641 (167} Net cash provided by(used in)operating activities (331,1041, 528,515 Cash Flows From Non-Capital Financing Activity Transfers in 618600 271.454 Net cash provided by non-capital financing activity 618,600 271,454 Cash Flows From Investing Activity Investment income 2,528 2,434 Net cash provided by investing activity 21528 21434 Increase in cash and cash equivalents 290,024 802,403 Cash and cash equivalents-beginning of year 2,194,192 1,391,789 Cash and cash equivalents-end of year 2.484.216_ 2.194.192 Reconciliation of Operating Loss to Net Cash Provided by(Used In)Operating Activities: Operating loss $ (624,042) $ (996,554) Adjustments to reconcile operating loss to net cash provided by(used in)operating activities: Depreciation and amortization 183 367 Miscellaneous income 206,348 730,003 Changes in operating assets and liabilities: Prepaid expenses (11,380) 150 Deferred amounts related to pensions 4,722 1,230 Deferred amounts related to other postempioyment benefits 2,625 Accounts payable 40,623 29,367 Accrued expenses 2,947 (1,373) Provision for insurance losses 77,206 781,365 Compensated absences payable 11,667 (1,168) Other postemployment benefits 2,662 - Net pension liability, (41665) 14872 Total adjustments 292,938 „1525,069 Net cash provided by(used in)operating activities 1331,1 Page 217 of 1106 \ - \ \; i Page 218 0 1106 PENSION TRUST FUNDS Pension Trust Funds account for the net position restricted for pension benefits and the changes in net position restricted for pension benefits of the City's three pension plans. Since these assets are not funds of the City of Boynton Beach, but those held in trust for employees and retirees, they are not included in the Government-Wide Financial Statements. Instead,they are reported in the following pages as part of the City's fiduciary responsibility. General Employees' Pension Fund: To account for the accumulation of resources to be used for the retirement benefit payments to the City's general employees. Police Officers' Pension Fund: To account for the accumulation of resources to be used for the retirement benefit payments to the City's sworn police personnel. Firef ahters' Pension Fund: To account for the accumulation of resources to be used for the retirement benefit payments to the City's certified fire personnel. Page 219 of 1106 Pension r s Combining i ci September 30,2018 Comparative i s for 2017) General pollen Employees' Firefighters' Total Taal Pension Fund Pension Fund Pension fund 218 2017 ASSETS Cash $ 1,187,353 $ 2,176 1,189,529 1,271,897 Investments: Money market mutual funds 2,632,734 - 2,621,179 5,253,913 7,476,759 US Government and Agency obligations 11,582,223 11,697,937 23,280,160 33,6 ,369 Municipal obligations - 246,792 Mortgage-backed securities 3,819,593 3,819,593 2,922,295 Corporate obligations 6,856,977 4,747,654 11,6 ,631 13,729,361 Equity securities 62,984,099 - 32, 3,933 94,988,032 86,067,366 Equity mutual funds 47,536,140 - - 47,536,140 20,883,971 Equity Investment funds 14,641,778 65,545,141 22,669,642 102,856,561 96,10,462 International equity Investment funds 18,061,651 18,061,651 1S,104,332 Fixed income investment funds 29,173,271 12,527,623 41,700,894 37, Real estate Investment funds 28,821,492 6,7 ,412 10,229,669 4Sj791,573 38,496,332 Contributions receivable - 789,121 789,121 - interest and dividends receivable 206,357 - 136,655 342Al2 339,044 Pending trades receivable 192,749 439,048 12,179 643,976 1,593 DROP loans 254,M 111,751 366,066 475,318 Prepaid expenses 8,793 8,116 8.235 25,744 6 ,201 Total assets 180,470,2 162.163,079 115,616 629 398,249.996 3 .572 I.MBILITIES Accounts payable 269,605 180,363 58,DO8 507,976 444,163 Pending trades payable 479,9 - 155,235 635,153 52SLOS Total liabilities 749.523 1 3 213,L243 11143.129 969,221 NET POSIT ION Net position restricted for pension benefits 5 179.720.76 S 101.982.716 , S 391. 06.867 a e1 �F+ Page 220 of 1106 Pension Trust Funds Combining Statement of Changes in Fiduciary Net Position For the Year Ended September 30,2018 (With Comparative Figures for 2017) General Police Employees' Officers' Firefighters' Total Total Pension Fund Pension Fund Pension Fund 2018 2017 ADDITIONS Contributions: Employer $ 7,110,298 $ 5,355,058 S 5,444,D61 $ 17,909,417 $ 16,036,784 Plan members 1,532,846 1,316,764 1,796,988 4,646,598 4,142,890 State 825.507 789.121 11614,628 1.664,621 Total contributions 8.643,144 7.497.329 8,030,170 24,170,543 21,844,295 Investment earnings: Net appreciation In fair value of investments 12,502,459 7,090,035 7,776,462 27,368,956 35,369,469 Interest and dividends 3,570,016 1,660 1,780,893 5,352,569 5,021,315 Miscellaneous 5,568 1,750 32.015 39,333 14.100 16,078,1343 7.093,445 91589,370 32.7 .858 884 Less investment expenses: Investment expenses 827688714,381 367.634 1,9 ,703 1,711.778 Net investment earnings 15.250,355 6,379.064 9,221,736 30,851,155 38,693,106 Total additions 23.893,499 13.876,393 17,251,906 55 021798 60,537,401 DEDUCTIONS Benefits paid 9,810'am 6,817,205 5,970,713 22,598,718 21,325,511 Refunds of contributions 158,309 122,701 105,981 386,991 204,543 Administrative expenses 137,738 163.266 141.569 442.573 462.887 Total deductions 10.106,&47 7.103,172 6.218,263 23,428.282 21,992.941 Change in plan net position 13,786,652 6,773,221 11,033,643 31,593,516 38,544,460 Net position restricted for pension benefits' Beginning of year 165,934,11395.209,495 104.369.743 _ 365,513,351 326,968,891 End of year __5 101.982.716 5 115. 3.386 5 397.106.867 5 365.513.351 Aft Page 221 of 1106 ..................... General Em loyees'Pension Fund Statement o Fiduciary Net Position September 30,201 (With Comparative Figures for 2017) 20187 ASSETS Cash $ 1,187,353 593,496 Investments: Money market mutual funds 2,632,734 4,268,610 U.S.Government and Agency obligations 11,582,223 22,316,541 Mortgage-backed securities 3,819,593 2,922,295 Corporate obligations 6,856,977 8,8S,663 Equity securities 62,984,099 61,223,453 Equity mutual funds 47,536,140 30,883,971 Equity investment funds 14, 1,778 11,772,882 Real estate investment funds 28,821,492 22,858,187 Interest and dividends receivable 206,357 208,112 Pending trades receivable 192,749 118,924 Prepaid expenses 8,793 16A6 Total assets 180,470,288 1 2, LIABILITIES Accounts payable 269,605 230,451 Pending trades payable 479,918 478 ,066 Total liabilities 749,523 70.8,517 NET POSMON Net posWion restricted for pension benefits 179220,765 ........165. 113 i ii i Page 222 of 1106 GeneralEmployees'Pension Fun Statement of Changes in Fiduciary Position For the Year Ended September 30,201 (With Comparative Figures for 2017) 2018 2017 ADDITIONS Contributions: Employer 7,110,298 6,951,693 Plan members 1,S32,846 1,520,468 Total contributions 8,643,144 8,471,761 Investment earnings: Net appreciation in fair value of investments 12,502,459 15,259,096 Interest and dividends 3,570,016 3,230,123 Miscellaneous 1568 6,949 16,079,043 18,496,068 Less Investment expenses: Investment expenses 827,688 765,795 Net investment earnings 11250,355 17,730,273 Total additions 23,893,499 26,202,034 DEDUCTIONS Benefits paid 9,810,800 9,6 ,277 Refunds of contributions 158,309 139,940 Administrative expenses 137,738 144 ,179 - - - Total deductions 10,106,847 9,893,296 Change in plan net position 13,786,652 16,308,738 Net position restricted for pension benefits-beginning of year 165,934,113 149,625,375 Net position restricted for pension benefits-end of year S 179.720.765 5 165.934.113 I Page 223 of 1106 Police Officers'Pension Fund Statement of Fiduciary Net Position September 30,2018 (With Comparative Figures for 2017) 2018 2017 ASSETS Cash $ 2,176 $ 2,445 Investments. Equ"dy investment funds 65,545,141 61,098,467 Fixed Income Investment fund 29,173,271 26,219,476 Real estate investment fund 6,740,412 6,279,311 Pending trades receivable 439,048 1,423,292 DROP loans 254,315 335,309 Prepaid expenses 8,716 9 ,083 Total assets 102,163,079 95,367, 3 UABILMES Accounts payable 1 0.363 157, Total Ilabllities 180 ,363 157, NET BION Net position restricted for pension benefits S 101.982.716 95.2 .495 Page 224 of 1106 In PoliceOfficers' Pension Fund Statement of Changes in Fiduciary Net Position For the Year Ended September 30,2018 (With Comparative Figures for 2017) 201111 2017 ADDITIONS Contributions: Employer 5,355,058 4,791,528 Plan members 1,316,764 1,075,428 State 825,507 781,307 Total contributions 7,497,329 6,648,263 Investment earnings: Net appreciation in fair value of investments 7,090,035 9,429,604 Interest and dividends 1,660 1,151 Miscellaneous 1,750 450 7,093,445 9,431,205 Less investment expenses: Investment expenses 714,381 633,478 Net investment earnings 6L379,O64 8,797,727 Total additions 13,876,393 15,445 ,990 DEDUCTIONS Benefits paid 6,817,205 6,259,474 Refunds of contributions 122,701 11,413 Administrative expenses 163,266 167,698 Total deductions 7 103 172 6 438 585 Change in plan net position 6,773,221 9,007,405 Net position restricted for pension benefits-beginning of year 95,209,495 86,202, 0 Net position restricted for pension benefits-end of year 5 101.982. 16 95.2 .495 Page 225 of 1106 Firefighters'Pension Fund Startement of FiduciarV Net Position September 30,2019 (Withr iFigures 2018 2017 ASSErS Cash $ - $ 685,956 Investments: Money market mutual funds 2,621,179 3,2 ,149 U.S.Government and Agency obligations 11,697,937 11,3 ,828 Municipal obligations - 24(,792 Corporate obligations 4,747,654 4,859,698 Equity securities 32,003,933 24,843,913 Equity investment funds 22,669,642 23,3 ,113 International equity Investment funds 18,061,651 15,104,332 Fixed income investment funds 12,527,623 11,214,113 Real estate Investment funds 10,229,669 9,358,834 Contributions receivable 789,121 Interest and dividends receivable 136,055 130,932 Pending trades receivable 12,179 51,26 DROP loans 111,751 140,009 Prepaid expenses 8,235 ,_ Total assets 111616,629 72559 LIJWILITIES Accounts payable 58,008 55,824 Pending trades payable 155,235 46,992 Total liabilities 213.243 102, 1 NET ASSETS Net position restricted for pension benefits S 115.403.386 .7 s I t Page 226 of 1106 Firefighters'Pension Fund Statement of Changes in Fiduciary Net Position For the Year Ended September 30,2018 (With Comparative Figures for 2017) 2018 217 ADDITIONS Contributions: Employer $ 5,444,061 4,293,563 Plan members 1,796,988 1,547,394 State 789,121 883,314 Total contributions ,030,170 6,724,271 Investment earnings: Net appreciation in fair value of investments 7,776,462 10,680,769 Interest and dividends 1,780,893 1,790,041 Miscellaneous 32,015 6,801 9,589,370 12,477,611 Less investment expenses: Investment expenses 367,634 312,505 Net Investment earnings 9,221,736 12,165,106 Total additions 17,251,906 18,889,377 DEDUCTIONS Benefits paid 5,970,713 5,456,760 Refunds of contributions 105,981 53,290 Administrative expenses 141,569 151,010 Total deductions 6,218,263 5,661,060 Change in plan net position 11,033,643 13,228,317 Net position restricted for pension benefits-beginning of year 104,369,743 91,141426 Net position restricted for pension benefits-end of year 5 X15.403.386 4.369.743 Page 227 of 1106 V 1 i i t! I p J Page 228 of 1106 Page 229 of 1106 STATISTICAL SECTION This part of the City of Boynton Beach's Comprehensive u Financial s is detailed information as a context r understanding what the information a financial statements,note disclosures,and required supplementary information says out the City's overall financial . Contents rigle Financial Trends These schedules contain trend information to help the reader understand City sfinancial performance and well-being have changed r time. Government-wide Net Position by Component 111-2 Government-wide Changes in Net Position Governmental Activities Tax Revenues by Source Fund Balance of Governments] in c of Governmental s -11 Reven tie Cagalift Theje schedules contain information to help the reader assess the City's most sign#7cant local revenue sa ce, theproperty tax. Assessed Value and Estimated ActualValue of Taxable Property HI-13 Property Tax Rafts-Direct and OverlappingGovernments -15 Ten Principal Property Taxpayers -16 Tax Levies and Collections -17 Rik9mana-calft Tkese schedules contain information to help the reader assess the a or ility of t City's current levels of outstanding debt and the City's ability to issue additional debt in thefiture. Rados of OutstandingDebt by Type 111-18 Ratios of General Bondedet Outstanding 111-19 Direct d Overlapping Governmental Activities Debt -2 Legal Debt Margin Information -21 Pledged Revenue Coverage-Water&Sewer Bonds -22 Pledged Revenue Coverage-Public Service Tax Bonds Demognphics and Economic Information Yhese schedules offer demographic and economic indicators to help the reader understand the environment within which the City'sfinancial activities take place. Demographic d Economic Statistics -2 Principal Employers - 5 Qgqrab Information These schedules contain service and inftasmicture data to help the reader understand how the information in the City'sfinancial report relaiesto the services the Cityprovides and the activities itperforms. Full-Time uiv et City Government loyees by FunctionEll-26 Operating ictors by Function/Program -27 Capital Asset Statistics by F ctio -2 Sources: Unless otherwise noted the information in these schedules iseri fro the Comprehensive Annual Financial Report(CAF for the relevant year Page 230 of 1106 Government-wide Net Position by Component Last Ten Fiscal Years (Accrual Basis of Accounting) Fiscal Year 2009 2010 2011 2012 GOVERNMENTAL ACTIVITIES Net investment in capital assets $ 45,594,063 $ 47,320,741 $ 45,331,243 $ 43,154,695 Restricted 35,625,330 29,793,106 3,289,038 6,1 ,429 Unrestricted(deficit) 20,476,623 14,751,944 38 199 258 38 808 332 Total governmental activities net position 5 101.696.016 S 91.865.791 86.819.539 BUSINESS-TYPE ACTIVITIES Net Investment in capital assets $ 111, 0,715 $ 109,551,549 $ 113,343,953 $ 134,502,795 Restricted 36,197,782 33, 6,024 27,526,325 1,961,504 Unrestricted 29,529,178 31,932,723 31,595,279 30,656,355 Total business-type activities net position S 177.567.fi75 � 174.970.296 5 172.465.557 � 167.120.654^ TOTAL PRIMARY GOVERNMENT Net investment in capital assets $ 157,434,778 $ 156,872,290 $ 158,675,196 $ 177,657,490 Restricted 71,823,112 63,279,130 30,815,363 8,145,933 Unrestricted(deficit) 50, 5,1301 46,6 4,667 69,794,537 69,4 687 Total primary government net position S 279.263.691 5 256.836. 7 S 259.285.096 255,268.110 Note: GASB Statement No.68 was adapted in fiscal year 2015 resulting In the reduction of net position for the net pension liability incurred in prior years. Page 231 of 1106 FbCalYesr 13 14 2015 2016 2017 2018 43,915,691 48,517,011 49,978,249 $ 51,190,967 $ S1,655,230 52,390,429 4,772,382 3,817,815 3,334,645 3,035,739 6,209,514 9,814,156 7 8,798 3 , ,15 (545923,781}434 281 6. 6.571 88.830.9 1.753.021 5 .5 .593 5______17_ 963 135,724,154 134,958,037 $ 135, 6,516 138,S21,160 137,638,134 $ 139,293,677 1,654,178 1,846,079 2,042,671 2,239,433 2,2 ,359 2,299,384 27,799,397 930 14,643,361 14,525,497 15,6 560 13.419.107 165.177.729 162.734.556 5 152.532.5 5 155.286.090 5 155.542.0 S 155.012.168 179,639,945 183,47S,048 $ 195,724,764 189,712,127 199,293,364 191,6 ,106 6,426,560 5,663,894 S.377,316 5,275,172 %422,873 12,113,540 6S,208,195 62,426,598 6, 16,511) 3 116 616 (24,733,221 21A26,1741 251.274. 251.565. 5UJAWAL Page 232 of 1106 Government- -de Changes in Net Position Last Ten Fiscal Years (Accrual Basis of Accounting) Fiscal Year 2009 2010 2011 2012 EXPENSES Governmental activities: General government $ 18,780,14-1 $ 18,737,298 $ 16,580,094 16,628,649 Public safety 51,759,110 51,742,281 49,820,122 48,2 ,463 Physical environment 1,911,558 2,049,821 1,922,230 1,883,613 Economic environment 3,921,017 5,742,630 4,612,914 1,768,934 Culture and recreation 12,302,209 10,958,549 10,424,628 9.624,728 Interest on long-term debt 2,836920 2,722,629 2,663,153 2,534,797 Total governmental activities expenses 91,510,955 91,953,208 86,023131 80705184 Business-type activities: Water and sewer 33,8 ,369 35,340,105 35,4 ,168 36,182,879 Sanitation 7,599,393 7,384,218 7,470,324 7,333,593 Golf course 2 827,494 2,482,366 2,392,419 2,127,791 Total business-type activities expenses 44,287,246 45,206,689 45.322,911 45 263 Total primary government expenses S 135.798.201 S 137.159.897 131. 6. 2 PROGRAM REVENUES Governmental activities: Charges for services: General government $ 3,922,962 $ 4,545,268 $ 5,391,847 $ 5,968,670 Public safety 9,249,132 8,918,145 9,317,546 10,924,447 Physical environment 213,106 150,423 104,047 193,742 Economic environment 563,631 54,599 122,296 10,472 Culture and recreation 968,180 985,278 1,110,191 1,149,664 Operating grants and contributions: General government 137,336 176,136 - 23,704 Public safety 782,716 1,337,611 627,789 622,669 Physical environment 75,396 55,108 80,800 Economic environment 1,152,759 2,505,730 1,698,526 1,036,594 Culture and recreation 353,280 237,483 1,592,726 340,025 Capital grants and contributions: General government Public safety 1,069,459 35,002 256,307 56,986 Physical environment 125,755 839,224 68,710 Economic environment 250,039 340,151 17,864 Culture and recreation 200, _ _ 15,831 50,700 Total governmental activities program revenues 18,412,561 19,596,865 219471,589 20,545,047 Business-type activities: Charges for services: Water and sewer 33,324,003 35,944,991 38,186,059 38,025,492 Sanitation 9,538,269 9,298,463 10,080,888 10,245,462 Golf course 2,130,930 2,036,328 1,967,363 1,816,629 Operating grants and contributions: Sanitation 11,628 117,171 125,719 - Capital grants and contributions: Water and sewer 778,890 1,218,819 183,462 226,811 Total business-type activities program revenues 45,783,720 48,615,772 50,543,491 50,314,394 Total primary government program revenues 54.196.281 68.212.637 72.015.080 S 70.859. 1 NET(EXPENSE)/REVENUE Governmental activities (73,098,394) $ (72,356,343) $ (64,551,542) $ (60,160,137) Business-type activities 1,49fi,474 3 409 083 5,22(,)580 4,670,131 Total primary government net expense 5 171. 1.920! 168.947.2601 9 y 2 5 155.490.0D61 I Page 233 of 1106 Fiscal Year 2013 2014 2015 2016 2017 2018 17,367,632 $ 16,991,337 16,756,253 17,446,178 $ 17,249,8M $ 21,534,502 49,943,737 50,392,153 58,570,187 56,226,627 59,269,809 61,127,252 L995,677 2,141,055 2,192,587 2,090,605 2,184,200 2,188,823 2,956,423 2,151,592 2,995,977 4,102,240 4,040,011 11,450,205 9,972,236 20,924,060 11,127,163 10,947,954 3D.796,599 10,900,242 2,183,781 2,027,810 1,1 ,259 1,2356 1,149442 1,122,852 309,48684_629007 94,678,864 108,323,876 ,194,478 36,748,098 37,343,155 36,7 ,285 38,2 ,935 39, 8,905 7,591,901 8,070,015 8,276,973 8,699,222 10,067,260 9,893,397 1989. 1 2,035884 Z007.293 1, 9,179 1,535, 1,S63,67 4 776 020 46.853.997 47322686 50,905,973 5 1 581.2 $ 6,263,060 $ 6,219,554 7,371,307 $ 7,045,867 $ 7,065,570 $ 10,313,177 5,786,137 6,101,902 7,242,279 7,853,220 8,173,541 7,915,513 221,175 178,455 13SAM 86,225 143,100 158,158 1,128 5,247 1,203,181 1,242,486 1,355A98 1,237,221 1,1 ,571 1,176,531 42,685 59,166 73,128 164,095 3,233,477 211,528 529,019 715,856 719,927 109,325 213,308 92,854 1,5 ,293 924,141 705,28S 714,658 565,364 935,697 290,026 170,623 399,106 282,510 450,029 213,693 59,101 561159 78,967 - 22,997 58,092 50,651 37,779 27,256 3,632 72.331 151769 15.718,993 121,676 17.520,377 20,953,7 21,117,726 38,814,428 41,544,004 43,S89,493 45,095,405 46,056,827 46,397,059 10,361,241 10,615,183 10, 1,915 11,322,781 11,8 ,871 11,911,986 1,721,775 1,677,960 1,7 ,974 1,451,977 1,294,276 1,569,682 503 790 302,801 2,651A90 1,911050 215 756 2,13BAS6 53,401235 54139948 ,867, 72 59,79121 59 411 1 11' S 76,989.5 77.301,5 y .134.919 ( ,347,717) (68,909,014) $ (74,695,750) (74,S31,693) $ (73,725,144) $ (87,206,150) 9 625 215 7,285,951 11,2 1 12 458 527 9,5 .2 11,111,220 158,72 .502! S (61.623.0631 t6 . 5.2 1 (62.073.1561 { .215.9391 {76. 9341 Page 234 of 1106 wil Government-wide Changes in Net Position(Continued) Last Ten Fiscal Years (Accrual Basis of Accounting) Fiscal Year 2009 2010 2011 2012 GENERAL REVENUES AND OTHER CHANGES IN NET POSITION Governmental activities: Taxes: Property taxes $ 29,444,565 $ 25,838,049 $ 21,941,677 $ 22,600,580 Tax increment 8,315,313 6,760,869 5,660,118 5,730,453 Franchise taxes 4,846,785 4,410,217 4,546,878 4,287,510 Public service taxes 5,421,664 5,882,533 5,899,255 5,928,449 Communications services tax 3,422,671 3,006,923 2,838,133 2,583,369 Sales taxes 4,126,846 4,094,172 4,294,745 4,462,768 Gas taxes 1,145,884 1,139,595 1,124,405 1,159,641 Intergovernmental,unrestricted 1,959,227 1,953,049 2,037,246 2,109,974 Special assessments - - - Investment earnings(loss) 1,980,741 11608,128 990,738 614,233 Miscellaneous 1,106,625 798,986 1,284,954 855,739 Special item - (254,300) - - Transfers 6,034,422 7,841,596 8,887,141 11,155,338 Total governmental activities 67,804,743 63,069,717 59,505,290 61,488,054 Business-type activities: Investment earnings(loss) 1,250,112 1,359,887 1,106,732 1,104,958 Miscellaneous (1,143,100) 475,247 55,090 35,446 Transfers 16,034,422) f7, 1,596} (8,887,141] 111,155,338) Total business-type activities {5,927,410} (6,006,462] _ 17,725,319] _ (10,015,034) Total primary government S 61.877.333 S 57.063.255 S 51.779.971 51.473.020 CHANGE IN NET POSITION(DEFICIT) Governmental activities $ (5,293,651) $ (9,286,626) (5,046,252) $ 1,327,917 Business-type activities (2,597,379) (2,504,739) 15,344, 3} Total primary government S IZ550.99ii S (4.016.9 1 Page 235 of 1106 Fiscal Year 3 2014 2015 20167 2010 $ 23, ,334 $ 25,080,586 $ 26,891,091 $ 29, 2,316 $ 31, ,673 $ 33,819,753 5,614,228 7,022,119 8,317,868 9,585,902 10,579,150 11,776,329 4,296,681 4,636,493 4,688,568 4,669,059 4,784,734 4,715,685 6,395,124 6,987,760 7,156,246 7,352,212 7,576,223 7,735,274 2,775,603 2,494,978 2,509,197 2,383,974 2,558,269 2,325,012 4,702,203 5,033,943 5,4 ,292 4,760,885 5,738,662 11,162,782 1,152,519 1,199,533 1,279,010 1,313,329 1,366,662 1,401,786 2,226,865 2,400,103 2,378,947 2,4 ,312 2,638,921 2,938,720 4,935,223 4,933,830 5,607A47 5,6 ,335 5,692,928 6,859,492 (47,898) 188,876 215,569 248,905 388,926 491,696 927,210 1,273,177 972,829 759,197 2,022,322 3,525,293 6,077 10,391,739 11,03p,255 10,482,829 , 9,740,787 66,744,169 71, 3,127 Z§MlAiL 79,3 ,255 94,581,514 96,492, 9 (331,102) 614,598 715,946 697,288 314,624 54,395 48,300 48,017 51,846 80,556 40,179 99,382 ( 6,0771 (10,391,739} (11, 5} (10, 2,829} ( ,LDIWJ 19,7_40,787) ( ,568,8791 (9.729,1241 (10,262,4 1 f9,7 ,985} (9.253,2&2L (9,587,010} S 56.175.290 S 61.914.003 S .218. 6 � 69.658.27D S 75328.272 S 6.9D5.599 (1,603,548) 2,734,113 1,795,569 $ 4,931,572 $ 10,856,370 $ 9,286,459 f 3664 Z4411731 2 753 542 2SS963 1524210 12.547.2121 20. 40 ji 7.173,.557 J 7.5tl5.19L Page 236 of 1106 r I - - Page 237 of 1106 Governmental Activities Tax Revenues by Source Last Ten Fiscal Years Public Communications racul Property Franchise Service Services Sales Gas r Taxes Taxes Taxes TaxesT 11t Taxes Total 2009 37,759,878 $ 4,846.785 $ 5.421,664 $ 3,422,671 $ 4,126,846 $ 1.245.884 56,723,728 2010 32.598,918 4.410,217 5,882,533 3,006,923 4,094,172 1,139,595 51,132,358 2011 27,601,795 4,546,878 5,899,255 2,838,133 4,294,745 1,124,405 46, ,211 2012 28,331,033 4,297,510 5,928,449 2.583.369 4,462,768 1,159,641 46.752.770 2013 29, .562 4.296.681 6,395,124 2,775,603 4,702,203 1,152,519 48,416,692 2014 32,102,705 4,636,483 6,987,760 2,494,978 5,033,943 1,199,533 52ASSA02 15 35,208,959 4,6 ,568 7,156.246 2,509,197 5,434,292 1,279,010 56,276,272 2016 39,228,218 4,669,059 7,352,212 2,383,974 4,760,885 1,313,329 59,707,677 2017 42,283,823 4,7 7,576,223 2,558,269 5,738,662 1,368,662 64,310,373 2018 45,596,082 4,715,685 7,735,274 2,325,012 11,162,782 1,401,786 72,936,621 (1) In 2017 the City began receiving the proceeds of a local option sales tax approved by the voters for 10 year period to flnance local Infrastructure capital projects. Page 238 of 1106 I I I Fund Balance of Governmental Funds Last Ten Fiscal Years ( odifled Accrual Basis of Accounting) Fiscal Year 2009 2010 _ 2011 2012 GENERAL FUND Reserved $ 98,722 $ 835,107 $ $ Unreserved 10,637,169 7,586,374 Nonspendable Prepaid items 208,867 143,862 Committed to: Emergency purposes - 6,514,230 6,882,152 Assigned to: Subsequent year's budget - 110,000 2,997,849 Unassigned - 3,875,447 2,9 ,439 Total general fund 5 10.735.891 S 8.421.481 _ 10.708.5 $ _12.830.302 ALL OTHER GOVERNMENTAL FUNDS Reserved $ 13,964 $ 26,975 $ $ Unreserved,reported in: Capital projects funds 24,836,476 11,007,273 Special revenue funds 11,986,443 15,858,536 - Debt service funds 4,976,027 5,133,488 Nonspendable: Prepaid items - 32,890 25,353 Restricted for: Economic development Public safety 915,644 888,052 Grant programs - 1,565,960 1,569,109 Debt service 3,110,319 3,118,504 Capital projects 178,719 237,690 Other purposes 293,078 371,074 Committed for: Economic development 835,299 467,783 Debt service Capital projects 1,639,799 513,176 Assigned to: Economic development 3,2 ,361 3,117,712 Debt service - 2,021,514 1,832,634 Public safety 1,833 66,557 Culture and recreation - 786,324 919,538 Cemetery maintenance 4,193,552 4,117,895 Capital projects 4, 8,899 5,750,493 Unassigned(deficit) 1473,9385 431,343 Total all other governmental funds S 41.812.910_ S 32.026.272 S 22. 253L_JIgff 7 Note: GA58 Statement No.54 was adopted in fiscal year 2011 resulting in the reclassification of the Governmental Funds fund balances. Page 239 of 1106 Fiscal Year 2014 2013 2016 2017 2018 106,222 98,886 124,236 162,954 469,156 490,897 7,126,713 7,254,011 7,651,RS6 7,940,131 8,324,107 8,324,107 2,420,738 461,356 450,W 1,006,726 11812W 1,541,293 3,463,775 6,SS2,818 6,895,157 7,439,695 7,118,719 11.194.966 .ti 11.278.028 5 1 9.555 16.0 .968 16.351.0 15.433.723 106,626 69,514 67,517 96,965 193,714 201,469 - - 88,123 652,154 590,369 787,731 482,594 325,021 293,168 1,652,063 1,692,416 1,920,891 1,898,147 1,909,342 1,307,599 1,607,500 827,500 - - 91,183 288,138 316,121 423,693 237,145 3,407,924 7,564,049 572,527 391,409 202,330 417,853 479,104 558,157 336,446 707,515 160x412 1,022,417 106,851 658,307 57,187 60,511 66,231 72,205 78,291 136,254 663,585 804,049 2,397,914 4,231,375 5,777,612 2,563,918 2,496,123 2,825J016 2,843,502 2,939,349 1,598,959 2,018,843 2,814,438 2,313,596 3,648,413 4,515,502 5,110,955 110,462 45,348 350,738 859,078 1,346,197 825,207 731,849 616,944 612,470 467,358 529,558 4,056,731 3,989,764 3,857,723 3,636,060 3,453,801 3,272,915 6,329,544 5,341,477 6,490,977 6,307,610 6,850,038 8,220,118 187,983 (367,163} ,207 490,503 [303,770) [219,2511 5 21.5b1.583 S 20.370.776 5 20.821.317 S 2A.514.536 S 30.591.101 5 36.310.995 c I Page 240 of 1106 Changes in Fund Balance of Governmental Funds Last Ten Fiscal Years (Modified Accrual Basis of Accounting) Fiscal Year 2009 2010211 212 REVENUES Taxes $ 49,152,673 $ 43,964,625 $ 38,855,159 $ 39,365,949 Licenses and permits 5,617,035 5,683,270 6,089,525 6A15.141 intergovernmental 11,217,201 13,058,225 14,250,887 10,905,362 Charges for services 6,904,712 7,107,236 7,408,143 7,120,281 Special assessments 3,787,127 3,740,170 3,703,024 4,904,844 Fines and forfeitures 614,624 394,888 1,074,116 1,904,061 Rents and royalties 215,668 231,853 344,189 331,689 Investment earnings(loss) 1,790,545 1,457,025 862,490 537,604 Donations 58,497 94,909 63,130 183,587 Miscellaneous 664.320 499.170 751.004 278.182_ Total revenues 80.022A02 76.231.371 73.401.667 71.946.700 EXPENDITURES Current: General government 16,005,431 15,472,894 14,530,115 13,376,103 Public safety 49,673,851 50,006,789 49,338.788 47.143,279 Physical environment 1,217,842 1,351,332 1,101,867 1,029,639 Economic environment 3,837,226 5,728,592 4,604,398 1.756,329 Culture and recreation 9,690,494 9,030,334 8,398,393 7,612,261 Capital outlay 9,024,022 7,531,836 5,088,656 3,007,837 Debt service: Principal 2,983.649 2,990,151 2.623,120 2,527,960 Interest and other fiscal charges 2,940,694 2,825,933 2,716,951 2,614,668 Debt issuance costs Total expenditures 95.373.2 94.937.861 88. 2.288 79.068.076 Revenues over(under)expenditures (15.350. 71 715. .621] (7.121.3761 OTHER FINANCING SOURCES(USES) Transfers in 26,032,894 31,349,899 31,519,453 27,695,921 Transfers out (22,906,4791 (24,490,157) (22,870,189) (18,732,813) Proceeds from the sale of capital assets - - Debt proceeds Payment to refunded bond escrow agent Total other financing sources(uses) 3.126.415 _ 8. 9.2 8. 63sioR SPECIAL ITEM Refund of permit fee - (254.3001 Net change In fund balance [12.224.3921 S (12.107. 1 $ (8.351.3571 1. 1.732 Debt service as a percentage of non-capital expenditures 7.3796 7.1396 6.8595 7.25% Page 241 of 1106 Fiscal Year 3 2014 2015 2016 2017 2018 $ 40.767.941 44,217,234 47,748,292 51,917A9 55,449.192 58,760,618 6,712,501 6,948,006 7,445.570 7,580,666 7.614,649 8,665,143 10,924,332 11,373.452 11.824.905 10,4 ,412 14,616.730 17,48OA82 7,334,438 7AB4,480 8.910,314 8,428,918 9,559,547 9,267,679 4,935,223 4,933,831 5,607A47 5,680.334 5,692,929 6,859,493 1,727,138 1,834,271 1.995.878 2.384,364 1,512,195 1,928,363 336,908 345.242 364,343 404,255 413.396 437,947 (20,813) 177,599 206,789 243,507 305,799 487,S06 339,365 192,767 236,393 189,328 404,961 279,181 07,344 517.270 519.937 435.592 1. .287 l2alkaz 73.5 .377 77.924.152 IMIUMS 87.77 .865 2LfiU.ffd 109.151.019 14,555,256 15,142,282 12.906,141 13,437,110 14.39&273 20,335,069 7,953 49.5 ,033 53.227AS5 56,329,759 58,359,234 60,736,128 1,156,818 1.303.407 1,320,137 1,292,729 i.347.sm 1,324,885 2,838,375 2,16 ,536 2,973,379 4,114,899 4,025,651 6,477,579 7,997,433 81968,951 8.90S.292 8,956, ,549 8,886,654 ZAG2,094 4,530,865 2,729.896 3,206,652 1879,58,494,644 Z790,006 2,888,390 2,675,595 2,697,762 3,525.000 4,477,617 3,252,592 2,039,375 1, ,092 1,027,118 959,828 930,787 117-758 0-527 86.631.839 .375 91.062.fi73 95.3 -5 111-663363 MA96.1501 18.707.6871 M50 (3.333.8081 1311. 22,002,164 3, 3,669 24,56SAll 25,344,133 25.699,05028, 9,670 (14,248,994) (15,993,727) (16,655,675) (17,947,694) (20, 791 {23,174,1191 556,001 1,154,212 16.185,000 29,720.947 1,595,140 (31.6 .i 1 7.798.170 7-659. 2 7.952 5.111571 (2.697.9 1 S fl, 7.7451 _ .252. 4.618.632 6.422. 5 5.302.559 .0 6.3946 5. % 45 5.16% .5396 Page 242 of 1106 Assessed Value and Estimated l Value of Taxable Property Last Ten Fiscal Years Fiscal es Year Residential Commercial In us rial Other Personal 2009 $ 3,828,426,828 $ 1,034,836,419 $ 366,505,515 $ 66,655,045 $ 271,582,088 2010 2,873,401,905 942,488,812 403,538,771 74,638,431 277,848,816 2011 2,385,181,626 825,539,209 347,592,426 57,732,386 273,434,050 2012 2,372,668,214 746,944,112 348,003,702 55,371,557 240,255,636 2013 2,320,445,333 729,017,453 339,651,613 54,042,639 234,489,500 2014 2,436,467,599 810,364,696 342,148,867 53,926,467 241,430,308 2015 2,923,761,118 972,437,635 410,578,640 73,888,557 265,510,848 2016 3,159,914,754 1,085,753,914 439,319,144 79,060,755 257,206,056 2017 3,654,470,712 1,075,226,494 386,020,388 74,713,623 223,599,467 2018 3,938,326,539 1,135,743,874 408,311,796 83,097,704 226,176,763 Assessed I f Taxable Fiscal Year 2018 $4,50D,D00,000 $4,000,000,000 $3,938,326,539 $3,500,000,000 $3,000,000,000 $2,500,000,000 $2,000,000,000 $1,500,000,000 $1,135,743,874 $1,000,000,00D $500,0001000 $408,311,796 183,097,704 $226,176,763 (' Residential Commercial Industrial Other Personal Source:Palm Beach County Property Appraiser i Page 243 of 1106 Taxable Total Total Total Value as a Fiscal Taxable Direct %of Actual Year valuem Tai tell! I Y Value 2009 5,568.005,895 6.4553 $ 7,980,262,576 69.77 % 2010 4,571,916,735 6.7626 6,392,264,269 71.52 2011 3,889,479,697 6.7626 5,3 ,721,213 72.29 2012 3,763,2 ,221 7.1941 5,195,441,429 72.43 2013 3,677, 6,538 7.6WO 5,037,982,238 73.00 2014 ,337,937 7.9000 5,353,496,813 72.56 2015 ,176,798 7.9000 6,786, ,694 68.46 2016 5,021, ,623 7.9000 7,389,490,524 67.95 2017 5,414,030,684 7.9000 7,952,133,115 68.08 2018 5,791,656,676 7.9000 8,411,325,671 68.86 (1)Actual value less all exemptions (governmental, in utiol, Ido s/ ier's, isabili /blind, and homestead) and homestead assessment dMerential Oust value minus capped value) 121 Includes debt service 1 3i Actual Value=Just Value Source.Palm Beach County Property Appraiser Page 244 of 1106 rop Tax at irect a versa pin Quern ens Last Ten Fiscal Years (Per$1,000 of AssessedValue) City)of Boynton Beach Palm Beach County Schools Fiscal Operating Det Total Operating Det Total Operating Debt Total Year Millage Service Millage Service County III Service Schools Otherllj Total 2009 6.4553 0.0000 6.4553 3.7810 0.1850 3.9660 7.2510 0.0000 7.2510 2.2570 19.9293 2010 6.7626 0.0000 6.7626 4.7500 0.2460 4.9960 7.9830 0.0000 7.9830 2.5550 22,2966 2011 6.7626 0.0000 6.7626 4.7500 0.2460 4.9960 8.1540 0.0000 8.1540 2.5549 22.4675 2012 7.1941 0.0000 7.1941 4.7815 0.2110 4.9925 8.1800 0.0000 8.1800 2.3088 22.6754 2013 7.6000 0.0000 7.6000 4.7815 0.2087 4.9902 7.7780 0.0000 7.7780 2.3154 22.6836 2014 7.9000 0.0000 7.9000 4.7815 0.2037 4.9852 7.5860 0.0000 7.5860 2.2800 22.7512 2015 7.9000 0.0000 7.9000 4.7815 0.1914 4.9729 7.5940 0.0000 7.5940 2.1732 22.6401 2016 7.9000 0.0000 7.9000 4.7815 0.1327 4.9142 7.5120 0.0000 7.5120 2.0974 22.4236 2017 7.9000 0.0000 7.9000 4.7815 0.1210 4.9025 7.0700 0.0000 7.0700 1.8518 21.7243 2018 7.9000 0.0000 7.9000 4.7815 0.1208 4.9023 6.7690 0.0000 6.7690 1.7818 21.3531 Source:Palm Beach County Property Appraiser Tax rate limits - Ten mills per Florida Statute 200.081 Scope of tax rate limit No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value,except for special benefits and debt service on obligations issued with the approval of those taxpayers subject to ad valorem taxes. Taxes due - March 31 Taxes delinquent April 1 Discounts allowed 4%November,3%December,2%January,2%February Penalties for delinquency - 2.5%after April 1,increasing.5%each ten days to maximum of 5.0% Tax collector Palm Beach County Tax collector's commission - None Ili Other rates Include the South Florida Water Management District, Florida Inland Navigation District, Palm Beach County Health Care District,and the Children's Services Council. Page 245 of 1106 jil Ten Principal Current r and Nine 2018 2009 T88 . TaxableVal;;- Taxable Value Ta a r Amount Value.. Rank Value Rank Florida Power&Light Co. $ 782,943 $ 99,106,690 1 1.71% S Hart Seabourn Cove LLC 749,121 94,825,450 2 1.64% - CH Realty VII PSREG Boynton Beach 687,300 87,000,000 3 1.50% GSG Residential Savannah Lakes LLC 456,811 57,824,170 4 1.00% Duke PGC at Quantum 19 LLC 441,820 55,926,612 5 0.97% orguard Boynton Town Center Inc. 354,267 44,843,913 6 0.77% Villas at Quantum Lakes,Inc. 304,091 38,492,552 7 0.66% - Compson Place Apartments LLC 296,048 37,474,382 8 0.65% - Boynton Beach Mall LLC 264,786 33,517,168 9 0.58% Publix Super Markets,Inc. 222,682 28,187,594 30 0.49% 33,324,833 5 Boynton JCP Associates - - 93,933,730 1 1. Tarragon Lugano LLC - - - - 57,134,500 2 1. City National Bank of Florida 49,289,377 3 South Florida Devco Inc. 42,040,000 0.74 ERP Operating LTD Partnership - - 32,180,422 6 0.58% Premier Gateway Center @ Quantum 31,100,0W 7 0.56 Villas at Quantum Park - 28,333,734 8 0.51% Gateway Business Park 2212001 9 0. Hovstone Properties Florida LLC 18'020'190 10 0.32% 4,559,869 577,198,531 9.97% 406,556,785 7.32% Other 36,615,851 5,214,458,145 90.03% 5,161,449,109 92.68% Total tax and final taxable value 41,175,720 S 5,791, 56,676 100.00% S 5.568, 5.895 1 Y � Page 246 of 1106 Property Tax Levies and Collections Last Ten Fiscal Years Total General Fund General Fund PropeTax Collections Fiscal Year Property Tax Current Property Taxes Delinquent Total Property Taxes Ended Levied for Collected Taxes Collected SepLember 0, Fiscal Year Amount of (Refunds) Amount 2009 $ 35,982,450 $ 35,691,823 99.2% $ 17,093 $ 35,708,916 99.2% 2010 30,918,044 30,717,161 99.4% 169,968 30,887,129 99.9% 2011 26,302,982 26,086,339 99.2% 74,349 26,160,688 99.5% 2012 27,109,849 26,858,653 99.1% 132,961 26,991,614 99.6% 2013 27,950,114 27,720,517 99.2% 176,046 27,896,563 99.8% 2014 29,736,500 29,372,243 98.8% 82,805 29,455,048 99.1% 2015 33,372,261 31,930,094 95.7% 142,652 32,072,746 96.1% 2016 36,619,390 35,249,544 96.3% 364,353 35,613,897 97.3% 2017 39,712,237 38,100,867 95.9% 266,011 38,366,878 96.6% 2018 41,458,358 41,175,720 99.3% 12,632 41,188,352 99.3% Sources:City of Boynton Beach Financial Services Department and Palm Beach County Tax Collector Note: General Fund tax levy and collections do not include tax increment revenues and are not reduced for early payment discounts. Page 247 of 1106 Ratios of Outstandfin Debt by Type Last i Business-type Govemmerftl Activitiesles city CRA Tax Water Fiscal Year General CRA Increment Public Sewer Total Ended Obligirtion Promissory Revenue Service Tax Revenue Primary ember 30 Bonds ' Donds/ ' ons Bonds Government 2009 $ 2,446,190 $ 26,700,000 $ 32,330,000 $ 62,815,000 124,291,190 $1,856 2010 1,711,833 25,775,DDO 32,110,000 60,315,DOO 118,911,833 2,743 2011 1,308,713 24,815,000 29,850,01M 57,725,000 113,698,713 1,662 2012 1,075,753 23,820,000 28,550,000 71,345,000 124,790,753 L780 2013 828,747 23,162,000 27,185,000 69,175,000 120,350,747 1,717 2014 - 567,357 21,965,01DO 25,755,000 66,365,000 114,652,357 1,619 2015 290,762 20,031,000 24,850,000 63,420,000 208,591,762 1,516 2016 19,744,ODO 23,730,000 60,325,000102,799,000 2,412 2017 - 17,119,000 21,830,000 60,070,000 119,019,000 1,575 2018 - 25,449,DDO 19,890,ODD 87,710,DOO 123,049,000 1,602 Note: Details about the City's outstanding debt can be found in the notes to the financial statements. The debt for the business-type activities represents debt for our water treatment plants and wastewater collection and transmission system.These facilities serve our residents as well as non-residents on our water and sewer utility system. • Governmental Activities Includes outstanding debt for the Community Redevelopment Agency. consisting of the tax Increment revenue bonds and a portion of the promissory notes I Page 248 of 1106 Ratios General Bonded Debt Outstanding Last Ten Fiscal Years General Less: Percentage Obligation Amounts of Actual Fiscal Year Taxable Debt Available in Net General Taxable Ended Value of (including Debt Service Obligation Value of Per September 30, Population Prope CRA Debt) Funds Debt Capita 2009 66,978 $ 5,568,005,895 $ 2,446,190 $ 110,192 $ 2,335,998 0.042% $ 34.88 2010 68,217 4,571,916,735 1,711,833 1,711,833 0.037% 25.09 2011 68,409 3,889,479,697 1,308,713 1,308,713 0.034% 19.13 2012 70,101 3,763,243,221 1,075,753 - 1,075,753 0.029% 15.35 2013 70,101 3,677,646,538 828,747 828,747 0.023% 11.82 2014 70,800 3,884,337,937 567,357 567,357 0.015% 8.01 2015 71,608 4,646,176,798 290,762 - 290,762 0.006% 4.06 2016 72,784 5,021,254,623 - 2017 75,569 5,414,030,684 2018 76,800 5,791,656,676 Source:City of Baynton Beach Financial Services Department Page 249 of 1106 Direct and Overlapping Governmental Activities Debt As of September 30,2018 Direct and GeneralOverlapping Met 9stimated Net Generall ObligWon Percent obiliptlon Debt _AggLcable Debt Direct: City of Boynton Beach: Overlapping: Palm Beach County: General obligation bonds $ 82,850,000 3.09% 2,556,877 Palm Beach County School District: General obligation bonds 11,396,000 3.09% 351,698 Certificates of Participation 1.27 . 7,122 3.09% 39314.091 Total direct and overlapping bonded debt payable from taxes Boynton Beach estimated population 7 Direct and overlapping net debt per capita Sources:Assessed value data used to estimate applicable percentages provided by Palm Beach County. Debt outstanding data provided by Palm Beach County and Palm Beach County School Board. Palm Beach County 2018 Taxable Value $187,665,967,000 AMMI I Page 250 of 1106 Lea!Debt Margin Information Last Ten Fiscal Years Fiscal Year Total Net Debt of Total Net Ended Applicable to Legal Debt Debt Applicable to September 30, Debt limit Debt limit Mar in Debt Limit (A) (B) (A)-(B) (B)r(A' 2009 $ 695,946,795 $ 2,335,998 $ 693,610,797 0.34% 2010 597,513,785 1,711,833 595,801,952 0.29% 2011 538,072,121 1,308,713 536,763,408 0.24% 2012 519,544,143 1,075,753 518,468,390 0.21% 2013 503,798,224 828,747 502,969,477 0.16% 2014 535,349,681 567,357 534,782,324 011% 2015 678,646,369 290,762 678,355,607 0.04% 2016 738,949,052 738,949,052 0.00% 2017 795,213,312 - 738,949,052 0.00% 2018 841,132,567 - 841,132,567 0.00% Liell Debt Mamin Calculation for Fiscal Year 2 Assessed valuations: Taxable value 5,791,656,676 Add back exempt property 2,619,668,995 Total assessed value for debt limit 5 8.411.325.671 Legal debt margin: Debt limitation-10%of total assessed value for debt limit 941132567 Debt applicable to limitation: Total general obligation debt Less:Amount available for repayment of general obligation debt Total net debt applicable to limitation - Legal debt margin __ 1.132.567 The City has established a maximum cap for long-term general obligation debt as lu%of the total assessed value of both real and personal property within the City limits.This cap shall be adjusted annually to reflect the annual changes in the assessed value. Governmental Activities includes outstanding debt for the Community Redevelopment Agency,consisting of the tax increment revenue bonds and a portion of the promissory notes. Page 251 of 1106 Sell Pledged enue Covera -Water&Sewer Bonds Last Ten Fiscal Years Water and Sewer Revenue Bonds Fiscal r Current Not Ended uesinl1i Available nService §pgkmber us Prin Interest 2009 33,794,004 $ 23,615,312 $ 10,178,692 $ 2,325,000 $ 2,927,665 1.94 2010 37,292,275 22,675,570 14,616,705 2,500,000 2,843,885 2.74 2011 39,492,570 24,5 ,473 14,908,097 2,590,000 2,752,234 2.79 2012 39,219,086 22,145,529 17,073,557 2,685,000 2,397,740 3.36 2013 38,639,303 21,862,965 16,776,338 2,170,000 3,382,123 3.02 2014 42,291,880 22,397,705 19,894,175 2,810,000 3,289,266 3.26 2015 44,453,262 22,479,193 21,974,069 2,945,000 3,129,086 3.62 2016 45,867,901 21,8 ,615 24,058,286 3,095,000 2,976,734 3.96 2017 46,411,629 22,617,289 23,794,340 3,255,000 3,136,770 3.72 2018 46,548,876 22,331,704 24,217,172 3,425,000 3,261,374 3.62 The following definitions are in accordance with the bond resolutions: (1) Revenues include operating and certain non-operating revenues and transfers. Current expenses include operating and non-operating expenses(excludes depreciation,amortization,and transfers for administrative expenses). (2) Coverage requirement is 110%of current debt service. Source:City of Boynton Beach Financial Services Department Page 252 of 1106 Pledged r e-Public Service Tax Bonds Last Ten Fiscal Years Fiscal Year Public Ended Service Tax Debt Service September 30, Revenues PriLndpal Interest Coveragel'i 2009 $ 8,844,335 $ 11185,000 $ 1,451,009 3.36 2010 8,889,456 1,220,000 1,416,415 3.37 2011 8,737,388 1,260,000 1,379,215 3.31 2012 8,511,818 1,300,000 1,329,165 3.24 2013 9,170,727 1,365,000 1,265,315 3.49 2014 9,482,738 1,430,000 1,198,709 3.61 2015 9,665,443 1,500,000 1,128,828 3.68 2016 9,736,186 1,120,000 466,455 6.14 2017 10,134,492 1,900,000 446,273 4.32 2018 10,060,286 1,940,000 406,770 4.29 (1) Coverage requirement is 110%of current debt service. Source:City of Boynton Beach Financial Services Department Page 253 of 1106 Demographic and Economic StatisdIcs Last Ten Fiscal Years Per Capfta Total Averap Fiscal Personal SdwW Unemployment Year Population(l) In ill Enrollmentmtell) 2009 66,979 51,910 171,570 11.7% 2010 68,217 52,526 174,341 12.4% 2011 68,409 53,871 174.819 10.9% 2012 70,101 55,628 174,594 9.2% 2013 70,101 57,985 177.797 7.1% 2014 70,800 58,565 180,285 6.0% 2015 71,608 66,914 283A47 5.3% 2016 72,794 68,714 196,291 4.8% 2017 75,569 55,322 19,320 4.2% 2018 76,800 50,561 195.289 3.5 (1)Source: University of Florida,Bureau of Business and Economic Research Population for 2009, and 2011 to 2018; 2010 represents U.S. Census population.Personal Income represents Palm Beach County(Revised) (2)Source: School District of Palm Beach County--Student Information File Comprehensive Annual Financial Report (3)Source: Florida Department of Commerce,Division of Employment Security Data Is for Palm Beach County Page 254 of 1106 '( ..........__..-- Principal Employers Current Year and Nine Years Ago 2019 2009 Percentage Percentage of Total Of Total city Cky Epl er Ernpl2yeesRankm I I ees n E l t Bethesda Memorial Hospital 2,500 1 N/A 2,300 1 N/A City of Boynton Beach 805 2 N LA 939 2 / Totals %NN/A3.239 N/A Sources:InfoUSA(ReferenceUSA Database)and the Greater Boynton Beach Chamber of Commerce Only partial Information for 2018 and 2009 was available. N/A-Not available. Page 255 of 1106 ---------------- Full-Time ivalent City GovernmentIFunction Last i Full-'nmeI t s as of September 80, i ftwarn 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 General Government Management Services 22 22 22 19 19 17 17 19 is 18 Financial Services 17 16 25 13 13 13 13 14 14 15 Information Technology 17 17 14 15 15 is 15 14 14 is Human Resources 9 9 9 7 7 7 6 6 Planning and Zoning 11 10 8 6 6 6 6 6 6 6 Facilities Management 17 14 12 10 11 11 11 11 11 12 Public Safety Police 199 196 188 177 185 191 222 211 211 214 Communications 24 23 23 23 23 2 - - - Fire 148 153 152 143 142 142 149 147 147 147 Community Standards - - - - - - 22 22 23 Code Compliance 14 14 13 11 11 11 - - - Animal Control 3 3 2 - - - - - Building/Engineering/Licenses 47 42 36 28 31L 31 30 34 30 32 Physical Environment Forestry&Grounds 10 9 8 9 - - - - - 20 Roads&Streets 6 4 4 4 4 5 5 5 5 5 Economic Environment Community Improvement 5 5 5 4 4 3 2 2 2 2 Grants 10 10 10 2 8 1 1 Culture/Recreation Ubrary 34 34 30 28 29 28 27 27 27 27 Recreation and Parks go 79 72 65 70 70 70 68 72 53 Public Art 1 1 1 1 1 1 1 1 1 1 Internal Service Funds Vehicle Service 13 13 11 12 12 12 Warehouse 5 5 5 4 4 4 4 4 4 5 Self Insurance 4 4 4 4 4 3 4 4 4 5 Enterprise funds Water&Sewer Utility 248 140 134 129 128 130 133 133 133 134 Sanitation so 50 41 38 36 40 40 44 Goff urs 33 30 29 26 26 26 24 21 21 2 Transportation 5 5 5 - - - - - - - Total 920 905 849 785 793 796 791 806 805 918 Source:City of Boynton Beach Financial Services Department Page 256 of 1106 i I operating Indicators by Function/Program Last Ten Fiscal Years Fiscal Year FunctionjPMrann 2009 2010 2011 2012 2023 General Government Planning and Zoning Number of inspections 20,855 18,388 11,790 22,405 15,079 Building permits Issued 5,915 5,547 4,973 6.074 4,353 Public Safety Police Physical arrests 4,175 3,742 3,001 3,082 3,001 Parking violations 1,075 1,234 1,184 1,199 1,184 Traffic violations 13,244 13,775 12,316 12,491 12,316 Fire Number of calls 11,579 11,558 11,762 11,933 12,000 Inspections 7,352 6,950 6,603 8,123 8,126 Code Compliance Code enforcement violations 3,640 3,802 3,332 3,200 3,000 Public Works Street resurfacing(miles) 5.6 7.3 7.0 Culture/Recreation Library Circulation 361,585 374,277 357,416 356,454 374,287 Cardholders 43,201 43,964 48,008 44,030 44,910 Leisure Services Camp program participants 292 303 304 304 304 Class participants 5,940 5,855 5,647 5,647 5,600 Water System Total meters 34,863 34,918 34,965 34,990 34,918 Total living units served 55,212 55,859 56,370 56,385 55,859 Avg.daily water consumption (thousand of gallons) 13,519 13,864 13,171 13,184 13,000 Sewer System Total connections 32,464 32,677 32,712 32,699 32,677 Total living units served 53,066 53,664 54,550 54,450 53,664 Sanitation Refuse collected(tons) 70,651 63,975 60,443 62,312 67,384 Recyclables collected(tons) 5,360 5,476 4,972 5,097 5,765 Golf Course Rounds played(Starts-9 or 18 hole) 72,035 71,296 67,306 63,546 61,420 Sources:City Departments Page 257 of 1106 Fiji Fillsoll You 202A 2015 2016 2017 2018 16,077 17,000 17,143 19,125 20,361 5,058 5,700 5,760 6,137 7,081 4,500 3,500 3,946 2,168 2,427 1,694 1,920 2,016 1,186 1,027 13,325 11,500 13,142 4,694 5,050 12,175 12,250 12,374 IS,468 13,892 8,373 8,350 8,421 9,240 to,502 2,858 2,082 2,219 2,150 2,818 ® - - 1.3 267,381 269,688 271,152 214,142 201,415 43,889 38,936 39,121 30,298 24,143 269 280 289 313 271 4,531 4,800 4,864 3,216 2,982 34,918 35,259 35,746 36,210 3S,US 57,176 58,000 58,873 59,415 60,793 13,210 13,500 13,520 14,280 14,520 33,083 33,300 33,542 34,170 34,265 55,489 55,500 55,712 56,814 57,476 67,500 68,000 68,214 85,418 68,957 6,000 6,300 6,376 5,097 4,139 I 60,185 65,000 62,142 45,230 58,233 Page 258 of 1106 NONE Capital Asset Statistics by Function/Program Last Ten Fiscal Years AscalYear Functlon&r2gram, 2009 2010 2011 2012 2013 Public Safety Police Stations 1 1 1 1 1 Patrol Units 99 99 99 99 99 Fire Stations 5 5 5 5 5 Trucks 9 7 7 7 7 ALS rescue vehicles 7 7 7 7 7 Sanitation Garbage trucks 25 25 23 23 2 Trash trucks 12 10 7 7 7 Public Works Street lights 178 198 209 209 209 Lane miles 252 252 252 252 252 Culture/Recreation Library Books 123,012 138,217 139,830 143,888 151,081 Leisure Services Ballfields-lighted 6 6 6 6 6 Basketball courts 14 14 14 14 14 Shuffleboard courts 16 16 16 16 16 Racketball courts 8 8 8 8 8 Tennis courts 31 31 31 31 31 Parks 29 29 29 29 29 Activity Centers 8 8 8 8 8 Water/Sewer Utility Water mains(miles) 335 400 400 400 410 Sanitary sewers(miles) 320 325 325 325 325 Storm sewers(miles) 65 65 65 73 73 Fire hydrants 3,850 3,850 3,900 3,900 3,915 Lift Stations 160 160 160 162 162 Sources:City Departments N/A-Information not available. Page 259 of 1106 Ell M, Rsal Year M 4 2015 2016 17 2018 1 1 1 1 1 99 99 99 99 99 5 5 5 5 5 7 7 7 7 7 7 7 7 7 7 23 23 23 23 2 7 7 7 7 9 209 209 209 209 209 252 252 252 252 252 141,832 138,473 141,214 135,552 128,977 6 6 6 6 6 14 14 14 14 14 16 16 16 16 16 8 31 29 29 29 29 29 29 29 29 29 8 88 8 410 410 410 410 449 325 325 325 325 346 73 73 73 73 73 3,915 3,920 3,920 3,920 4,045 y 162 162 162 162 162 Ira Page 260 of 1106 t 8Mv i Page 261 of 1106 Page 262 of 1106 CALER,DONTEN,LEVM, CoHEN,PORTM&VM,PA CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K.CALEF,JP-,CPA 505 SOUTH FLAGLER DRIVE,SUITE 900 ISWABEJRS LAURA E.CLAIM CPA WEST PALM BEACH,FL 33401-5%8 AMERICAN INSTITUTE OF LOUIS M.COHEN,CPA TELEPHONE: (561)832-9292 CERTIFIED PUBLIC ACCOUNTA%TTS JOHN C.COURTNEY,CPA,ID DAVID S.DONT7K,CPA JAMES B.HUT0141SON,CPA 050 NIV FEDERAL HIGHWAY,SUM 121 FLORIDA INSTITUTE OF JOEL H.LEVINE,CPA STUART,FL 3494-1019 CERTIFIED PUBLIC ACCOUNTANTS JANNS P.MULUN,IV,CPA TELEPHONE: )872-2123 i,IICHAEI.J.NALEZYTY,CPA THOMAS A.PENCE,IR,CPA znf06CdIqAaxDM 9=I-PORTER,CPA MARK D.VEIL,CPA Independent Auditor's Report on Internal control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With GovernentAuditrn Standards To the Honorable Mayor and City Commission City of Boynton Beach,Florida We have audited, in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities,the business-type activities, each major fund and the aggregate remaining fund information of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2018, and the related notes to the financial statements,which collectively comprise the basic financial statements of the City of Boynton Beach,Florida, and have issued our report thereon dated April 26, 2019. Our report includes a reference to other auditors who audited the financial statements of the Boynton Beach Community Redevelopment Agency, a major governmental fund of the City, and the City of Boynton Beach General Employees'Pension Fund,the City of Boynton Beach Police Officers'Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund, fiduciary funds of the City, as described in our report on the financial statements of the City of Boynton Beach, Florida. This report does not include the results of the other auditors'testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors.The financial statements of the City of Boynton Beach Police Officers' Pension Fund, and the City of Boynton Beach Firefighters' Pension Fund were not audited in accordance with Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the internal control over financial reporting(internal control)of the City of Boynton Beach,Florida,to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the internal control of the City of Boynton Beach,Florida.Accordingly,we do not express an opinion on the effectiveness of the internal control of the City of Boynton Beach,Florida. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency,or a combination of deficiencies,in internal control that is less severe than a material weakness,yet important enough to merit attention by those charged with governance. Page 263 of 1106 Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given a firnitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.However,rnmmW weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the financial statements of the City of Boynton Beach, Florida, are fire from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However,providing an opinion on compliance with those provisions not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under GovernmentAudifing Standards. We noted certain additional we reported to the City's management in a separate management letter dated April 26,2019. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing,and not to provide an opinion on the effectiveness of the entity's internal 1 or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering theentity's internal control and compliance. Accordingly,this communication is not suitable for any other purpose. r ► 1 West Palm Beach,Florida April 26,2019 Page 264 of 1106 11111 CA1ZRD0N7&NJX0NE, CoBEN,PoRm&Vfm,PA CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K.CALEB,JF_CPA 505 SOLTH FLAGLER DRIVE,SUITE 900 MEMMERS LAURA E.CLARY,CPA VhEST PALM BEACH,FL 3346148AMERICAN LN=urm OF LOU[SM.COHEN,CPA TELEPHOINM (561)632-9292 CERTIFIED PUBLIC ACCOUNTANTS joi-LN C.COuRTNEY,CPA,ID DAVID S.DON-MN,CPA JAMES B.HLTCHISON,CPA 050 KW FEDERAL HIG14WAY,SUITE 121 FLORIDA INSnTLrfE OF JOEL EL LEVINE,CPA STUART,FL 34994-1019 cErrmw PUBLIC ACCOUNTANTS JAMES F.NIVILLEN,FJ,CPA TELEPHONE: CM)872-2123 MICHAEL J.NALEZYTY,CPA THCNIAS A,PENCE,JR.CPA iftfagcdkpaxom SCOTT L.PORTER,CPA MARK D.VEIL,CPA MMement Letter To the Honorable Mayor and City Commission City of Boynton Beach,Florida Report on the Financial Statements We have audited the financial statements of the City of Boynton Beach, Florida, as of and for the fiscal year ended September 30,2018,and have issued our report thereon dated April 26, 2019.Our report was modified to include references to other auditors who audited the financial statements of the Boynton Beach Community Redevelopment Agency ("CRA"), a major governmental fund of the City, and the City of Boynton Beach General Employees' Pension Fund,the City of Boynton Beach Police Officers' Pension Fund,and the City of Boynton Beach Firefighters' Pension Fund,which are fiduciary funds of the City. Auditor's Responsibility We conducted our audit in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of the Auditor General. This management letter does not include the results of the other auditors' testing of internal control over financial reporting or compliance and other matters that are reported on separately by those auditors.The financial statements of the Police Officers' Pension Fund and Firefighters' Pension Fund, audited by other auditors, were not audited in accordance with Government Auditing Standards. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards and Independent Accountant's Report on Investment Compliance on our examination conducted in accordance with AICPA Professional Standards, AT-C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports, which are dated April 26, 2019, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.554(1)(i)l., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. The following recommendation made in the prior year Schedule of Findings and Questioned Costs dated July 31, 2018 was addressed by the City in the current year or no longer applies: 2017001 Annual Financial Report. Page 265 of 1106 I At September 30, 2018 there were no uncorrected audit findings from preceding annual financial audit reports. Official Title and Legal Authority Section 10.554(1)(1 of the Auditor General,requires that the name orofficial title and legal authority for the primary government and each component unit of the reporting entity be disclosed in s management letter, unless disclosed in the notes to the financial statements. °s information is disclosed in Note 1 to the financial statements. Also, as discussed in Note 1, the City included the Boynton Beach Redevelopment Agency as a blended component unit of the City. Flinancial Condition Sections 10.55 (1)(i)5. . and 10.55 (7), Rules of the Auditor General, require to apply appropriate procedures and communicate the results of our determination as to whether or not the City met one or more o the conditions described218.503(l),Florida Statutes, identify e specific condition(s) In connection with our audit, we determinedi ' not nvwt any of the conditions Section 1 . (1),Floridas,as of and for the year ended September 3 ,2018. Pursuant to Sections 10.554(1)(i)5.c. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures to the City as of September 30, 2018. It ismanagement's responsibility to monitor the City's financial condition, and our financial condition assessment was based in part on representations made by management and review of financial information provided by same.The results of our procedures disclosed no matters that are required to be reported. Section 10.554(1)(i)2., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our 2018 audit,we have the following recommendations: 2018-001 IT System Improvements :teria: City IT systems should be secure from unauthorized access. Conditions: We noted the following opportunities to improve security controls over the City's IT systems: 1. The City's senior finance personnel should regularly review the access to finance applications for authorized users to ensure that all personnel have the appropriate level of access and that only current employees am authorized users. 2. Currently the City does not require complex passwords for all IT systems. 3. The City's IT Department currently provides password on verbal requests from users. Due to the size of the Citylocations, a more formalized system than verbal requests should be put in place to v °fy all requests for password resets. Cause: Additional steps to enhance IT security could be taken. Effect Security vulnerabilities could be exploited to gain unauthorized access to the City's IT systems. Recommendations: We recommend the following: 1. A list of authorized users should be reviewedby the City's senior finance personnel on at least an annual basis to determine that only authorized users are allowed access to finance applications d that the level of access is appropriate for each user. The list of authorized users should be signed and dated to document who performed the review ed for subsequent reference. I Page 266 of 1106 I 2. Password complexity should be enforced through all City applications by requiring a minimum password length of at least 12 characters, including appropriate complexity of numbers, letters and symbols. In addition, password resets for authorized users should be based on a formal authorization system rather than verbal requests from users. Special District Component Units Section 10.554(1)(i)5.d., Rules of the Auditor General, requires, if appropriate, that we communicate the failure of a special district that is a component unit of a county, municipality,or special district,to provide the financial information necessary for proper reporting of the component unit within the audited financial statements of the county, municipality, or special district in accordance with Section 218.39(3)(b), Florida Statutes. In connection with our audit, we did not note any special district component units that failed to provide the necessary information for proper reporting in accordance with Section 218.39(3)(b), Florida Statutes. Additional Matters Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance.In connection with our audit,we did not note any such findings. City Management's Response to Finding The response by the City's management to the matter identified in our audit and reported in this management letter is described in the accompanying City Response to Management Letter.Management's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives,the Florida Auditor General,Federal and other granting agencies,and the City Commission and management of the City of Boynton Beach,Florida, and is not intended to be and should not be used by anyone other than these specified parties. 19" vz r � I West Palm Beach,Florida ® _ r ' April 26,2019 I Page 267 of 1106 E }4i iir•'� I� i 9 � 4 I i i a Page 268 of 1106 Cily of Bo Mon BeachLflorida 100 East Boynton Beach Boulevard,Boynton Beach,FL 33435 Phone: (561)742-6310 Internet: www.boynton-beach.org April 26, 2019. Auditor General's Office Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Subject: Response to Audit Finding Comprehensive Annual Financial Report—September 30,2018 Our response to the comment and recommendation reported in the management letter for the current year is as follows: 2018-001 IT System Improvements-The City is aware of some of the IT system improvements needed and have already taken steps in FY 2019 to address the concerns as follows: 1. The City's finance personnel have been working regularly with IT to review access to all City Staff and set up specific user groups for different departments. We have already begun reviewing a few departments'access and will continue to work towards reviewing all departments more regularly. 2. In February of 2019 the City's IT department implemented a more complex password requirement as listed below. a)The password now requires at least 10 characters in length b)The password must NOT contain the user's account name ore parts of the user's full name that exceed two consecutive characters c)The password must contain characters from three of the following four categories: *English uppercase characters(A through Z) •English lowercase characters (a through z) * Base 10 digits(0 through 9) "Non-alphabetic characters(for example, $,#, %) 3. With reference to the password resets based on verbal requests, our IT department does have a protocol to handle password resets. We are a small organization, and our IT Help Desk staff has a very good wonting relationship with most of our users, even to the point that they know them by voice. If Help Desk staff are unable to verify the user by voice,or by the extension they are calling from, or if they were suspicious of the password reset call,the password reset request would be escalated to a manager for verification and approval. Sincerely, Mara Frederiksen Director of Financial Services Page 269 of 1106 0 't41��ltt� � r u Page 270 of 1106 11111 CALEPDONYM, LEVINE, CoBEN.,PoRTm&VM,PA ------------------——--------------- conTirm FuuuC ACOOUN`TA1-IS WILLIAM K CALEB,JR,CPA 505 souni FLA GLER DRIVE,SUITE 900 MEMBERS LAURA E.CLARY,CPA wEsr PALM BEACH,FL 33401-SM AMERICAN DMITUTE OF LOUIS M.00IMN,CPA TELEPHOW (561)032-9292 CERTTMD PuBLYC ACCOUNTANTS JOHN C.COURT\TY,CPA,JD DAVID S.D0N`TEN,,CPA JAMES B.HL N,CPA M NW FEDERAL HIGHWAY,SUITE 121 FLORIDA iNsTnun OF JOEL H.LEVINE,CPA . STUART,FL 34994-1019 CERTITIMI)PUKIC ACOOLMIANTS JAMB F.W,;LLEN,IV,CPA TELEPHONE- M 872-2123 MICHAEL J.-JALEZY-Y,CPA THOMAS A.PENCE,JR.,CPA mfoacdkpmom SCOTT L.PORTER,CPA MAILK D.VEIL,CPA Independent Accountant's Report on investment Comvliance To the Honorable Mayor and City Commission City of Boynton Beach,Florida We have examined the City of Boynton Beach's compliance with Section 218.415, Florida Statutes for the year ended September 30, 2018. Management of the City of Boynton Beach, Florida (the "City"), is responsible for the City's compliance with the specified requirements. Our responsibility is to express an opinion on the City's compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied,in all material respects,with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements.The nature,timing,and extent of the procedures selected depend on our judgment including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the City's compliance with specified requirements. In our opinion, the City of Boynton Beach, Florida, complied, in all material respects, with Section 218.415, Florida Statutes,during the year ended September 30,2018. This report is intended to describe our testing of compliance with Section 218.415,Florida Statutes, and is not suitable for any other purpose. A J West Palm Beach,Florida April 26,2019 Page 271 of 1106 I yn I- I VIJ Ir r, i 1 lif i i �t i `i tf i Page 272 of 1106 � _ d G � ¥ § { K r � <±( y y\ »§< � � � [ � Page 273 0 1106 Lf tsSHAS' � T 1 A ITY OF BOYNTON BEACH 3,301 Quantum Blvd Suite, 101 C oyntonac h, FL 33426 too ton-b qh. i i Page 274 of 1106 Page 275 of 1106 CMMD,1 DONTEN,IEVINE, COBEK PORTM&VEM,PA. CERTIFIED MLIC ACCOUN`TA?,M Wfl.UAM X CAIZI�JR,CPA SM SOUTH FLAGLER DRrVE,SUM M MlIMMM UUM K MARK CPA WWr PA IM Ma-1,FL 3NOI-590 AMERICM 170n=OF LOW U OMOK CPA TRUM11-1CM: W)&WM CERTMED PUBLICACCOUNTANTS JOHN C OMMTNEY,CPA,JD DAVID S DONTEN,CPA JAME B HUTCHISON,CPA M NW FEDERAL HIGHWAY,SUITE 121 FLORIDA INSIT1711TE OF JOEL H LEVINF,CPA STUARL FL 34994-I019 CERTIFIZDPUBLICACX=NTANTS JAMES F MULLEN,IV,CPA TELEPHONE: M 872-2123 MICHAEL J NALEZYTY,CPA THOMAS A PENCE,JR,CPA wbocdkpa com 500TTL PORDACPA MARK D VE14CPA -_ ___`c_tion with Those Chg=d with Governance To the Honorable Mayor and City Commission City of Boynton each Boynton Beach,Florida We have audited the financial statements of the governmental activities,the business-type activities, each major ftmd, and the aggregate remaining fund information of the City of Boynton Beach, Florida, (the "City")for the year ended September 30,201 . We did not audit the financial statements of the Boynton Beach Community Redevelopment Agency ("CRA"), which includes the Boynton Beach CRA Special Revenue Fund, a major governmental fund of the City, and we did not audit the financial statements of the City of Boynton Beach General Employees' Pension Fund, City of Boynton Beach Police Officers' Pension Fund and City of Boynton Beach Firefighters' Pension Fund, which are fiduciary funds of the City. Those financial statements were audited by other auditors whose reports thereon have been furnished to us, and our opinions on the financial statements and this report, insofar as they relate to the amounts included for the CRA, General Employees' Pension Fund, Police Officers' Pension Fund, and Firefighters' Pension Fund, are based solely on the reports of other auditors. Professional standards require that we provide you with information about our responsibilities under U.S. generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit.We have communicated such information in our engagement letter to you dated August 31, 2018. Professional standards also require that we communicate to you the following information related to our audit. S Wit i fl c a atLAMu gdftKXFMin dgl= Qualitative Aspects ofAccounting Practices Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City are described in Note I to the financial statements. The following pronouncements of the Governmental Accounting Standards Board(GASB)were effective for the City for the fiscal year ended September 30, 2018: GASB Statement No. 75,Accounting and Financial Reporung for Postemployment Benefits Other Than Pensions, establishes new accounting and financial reporting requirements for governments whose employees are provided with other postemployment benefits(OPE ),as well as certain non- employer governments that have a legal obligation to provide financial support for OPE B provided to employees of other entities. Page 276 of 1106 To the Honorable Mayor and City Commission City of Boynton Beach April 26,2019 • GASB Statement No. 81, irrevocable Split Interest Agreements, provides accounting and financial reporting guidance for irrevocable split-interest agreements in which a government is a beneficiary and requires that a government recognize assets representing the beneficial interest in the irrevocable split-interest agreement administered by a third party if the government controls the present service capacity of the beneficial interests. ® GASB Statement No. 85, Omnibus 2017, addresses practice issues that have been identified during implementation and application of certain GASB Statements including topics related to blending component units,goodwill,fair value measurement and application, and postemployment benefits. GASB Statement 86, Certain Debt Extinguishment Issues, provides consistency in accounting and financial reporting for in-substance defeasance of debt by providing guidance for transactions in which only existing resources, other than the proceeds of refunding debt, are placed in an irrevocable trust for the sole purpose of extinguishing debt. This statement also improves accounting and financial reporting for prepaid insurance on debt that is extinguished and notes to financial statements for debt that is defeased in-substance. In addition, the City early adopted the provisions of GASB Statement No. 89, Accounting-for Interest Cost Incurred Before the End of a Construction Period, which requires that interest cost incurred before the end of a construction period be recognized as an expense in the period in which the cost is incurred for financial statements prepared using the economic resources measurement focus. The adoption of GASB Statement No. 75 resulted in a restatement that decreased the beginning net position of the City's government-wide financial statements by $1,422,213 and decreased the beginning net position of Proprietary Funds financial statements by $2,367,540, to record the total OPEB liability for the City's defined benefit OPEB plans at October 1, 2017. The implementation of other GASB Statements effective for the year ended September 30, 2018 had no effect on the previously reported amounts in the City's financial statements. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Management's estimate of the net realizable value of receivables at September 30, 2018. We evaluated the key factors and assumptions used to estimate the net realizable value of receivables in determining that the amounts are reasonable in relation to the financial statements as a whole. Management's estimate of the fair value of investments at September 30, 2018, and the related investment earnings. We evaluated the key factors and assumptions used to estimate the fair value of investments and the related investment earnings in determining that the amounts are reasonable in relation to the financial statements as a whole. 2 Page 277 of 1106 To the Honorable Mayor and City Commission City of Boynton Beach April 26,2019 • Management's estimate of the remaining service lives of capital assets at September 30, 2018. We evaluated the key factors and assumptions used toestimate the useful service lives of capital assets in determining that the amounts are reasonable in relation to the financial statements as a whole. • Management's estimate of claims liabilities, including incurred but not reported(IBNR)claims, at September 30, 2018, for the City's self-insurance activities. We read and compared these estimates to the actuarial report prepared by the City's actuary in determining that the amounts are reasonable in relation to the financial statements as whole. Management's estimate of the net pension liabilities, deferred inflows/outflows related to pensions and pension expense for the City's defined benefit pension plans as of and for the year ended September 30, 2018. We evaluated the key factors and assumptions used to estimate the amount of the City's not pension liability, deferred Mows/outflows related to pensions and pension expense. We read and compared these estimates to the actuarial reports provided by the City's actuary in determining that the amounts are reasonable in relation to the financial statements as whole. • Management's estimate of the total other poste mploy ment benefits (OPEB) liability, deferred inflows/outflows related to OPEB and OPE B expense as of and for the year ended September 30, 2018. We evaluated the key factors and assumptions used to estimate the amount of the City's total OPEB liability,deferred inflows/outflows related to OPEB and OPEB expense.We read and compared these estimates to the actuarial report provided by the City's actuary in determining that the amounts are reasonable in relation to the financial statements as a whole. The disclosures in the financial statements are neutral, consistent, and clear. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the financial statements were: • The disclosures related to deposits with financial institutions and investments in Notes 3.A. and 3.B.to the financial statements. • The disclosures related to the City's investment in the South Central Regional Wastewater Treatment and Disposal Board in Note 3.E.to the financial statements. • The disclosures related to the City's noncurrent liabilities in Note 3.1. to the financial statements. • The disclosures related to the City's risk management progrant in Note 4.A. to the financial statements. • The disclosures related to commitments and contingencies in Note 4.B. to the financial statements. • The disclosures related to other postemployment benefits(OPEB) in Note 4.C. to the financial statements. • The disclosures related to the City's defined benefit pension plans in Note 4.D.to the financial statements. Difficulties Encountered in Performing the Audit We encountered no difficulties in performing and completing our audit. 3 Page 278 of 1106 To the Honorable Mayor and City Commission City of Boynton Beach April 26,2019 Corrected and Uncorrected Visstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. The attached Summary of Unadjusted Audit Differences summarizes the uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate,to the financial statements as a whole.In addition,none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit's financial statements taken as a whole. We also proposed and management made adjusting entries related to various financial statement accounts. Disagreements with Management For purposes of this letter, professional standards detne a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no disagreements arose during the course of our audit. .Management Representations We have requested certain representations from management that are included in the management representation letter dated April 26,2019. Afanagement Consultations with other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge,there were no such consultations with other accountants. Internal Control Related 11fatters In planning and performing our audit,we considered the internal control over financial reporting(internal control) of the City as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements,but not for the purpose of expressing an opinion on the effectiveness of the internal control of the City. Accordingly,we did not express an opinion on the effectiveness of the internal control of the City. Our consideration of internal control over financial reporting was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. 4 Page 279 of 1106 To the Honorable Mayor and City Commission City of Boynton each April 26,2019 Compliance Related Matters Asp of obtaining reasonable assurance about whether the financial statements of the City are free of material misstatement we performed tests of the City's compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts.However,providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we did not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Other Audit Findings or Issues We have reported certain additional matters in our management letter dated April 26, 2019 that are required to be reported by Chapter 10.550, Rules of the Florida Auditor General, and other matters that we wish to bring to the attention of those charged with governance, which were not considered to be material weaknesses or significant deficiencies in internal control or compliance matters required to be reported under Government Auditing Standards. We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to our retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters Other Information in the Comprehensive Annual Fin iincial Report We applied certain limited procedures to management's discussion and analysis, and certain pension and OPEB trend information, which are required supplementary information(RSI)that supplements the is financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the is financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSL We were engaged to report on the 2018 combining and individual fund financial statements, which accompany the 2018 basic financial statements, but are not required supplementary information. We also previously audited, in accordance with U.S. generally accepted auditing standards, the financial statements of the City of Boynton Beach, Florida, for they ended September 30, 2017 and we expressed unmodified opinions on the respective financial statements of the governmental activities, the business-type activities, each major fimd, and the aggregate remaining fimd information. The 2018 and 2017 combining and individual fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the is financial statements. With respect to this supplementary information we made certain inquiries of management and evaluated the form,content, and methods of preparing the information to determine that the information complies with U.S. generally accepted accounting principles, the method of preparing it did not change from the prior period, and the information is appropriate and complete in relation to our its of the financial statements. We compared and reconciled the supplementary information to the Page 280 of 1106 To the Honorable Mayor and City Commission City of Boynton Beach April 26,2019 underlying accounting records used to prepare the basic financial statements or to the basic financial statements themselves. As noted in the first paragraph of this letter, we did not audit the financial statements of the CRA and the City's General Employees', Police Officers' and Firefighters' Pension Funds. Those financial statements were audited by other auditors whose reports thereon were furnished to us. We did not perform any procedures on the 2018 and 2017 combining and individual fund financial statements of the CRA and the City's General Employees', Police Officers' and Firefighters' Pension Funds, which are based solely on the reports of other auditors, and accordingly, we did not express an opinion or provide any assurance on them. We were not engaged to report on the introductory section and statistical section that accompany the financial statements, but are not required supplementary information. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly,we did not express an opinion or provide any assurance on it. Restrictions on Use This report is intended solely for the information and use of the City Commission, management and others within the City of Boynton Beach, Florida, and is not intended to be, and should not be, used by anyone other than these specified parties. A+ West Palm Beach,Florida April 26,2019 6 Page 281 of 1106 S=mary of Dusled Audh DAfferences Cow. of tuffit dot= ME1.5dow80At 'M =7777, A.d.-d A..b mad Dd..d Oun.—. Dd—d ljbwd...dDd—d Dd.." F-d Ro� r3.ffl—- ifb—.C—bd Ldb— N&F.Wm Annimb: AW.WN, Amp*- R—A.1.0 R—db.& R-Wbdq Acmat Fava Food Food (Anftdffl-- Gve4ndo F-d job I.I.—flo. --mmime fda WIP.L I WC602 Waxed dO-.ft..pwk— polk"eqmo 61,176 Ndr-5-H-bft YIM,14M Dal..d hLfic—fm p-- 0" B.V—mNdF.dd. 3 0,3 I u momr� hZCOOAO 2,000,000 Dd—d—una-MI.— a W "AI,,, 3 U N' NftpmWm-W&WdS-"Fd 54,190 ft-d.qh i00°7 — lb.—O-d cq—ti-pdla de 10..on-fi-d-Z- 1. Fk.)—bmh=cffk 2018 —Mm Effia ofauvw2ded mmft dOmes to FS ammu I Lu%l 24461,176 2 mJ-M- M�,F- Tmm-m�d dbd drWrImmiod mnwrdw evAl 4ff�-- 4, "�M dUy—..%A.�..,—d dft tITNIM M7172 C—My—dimWb—tip.shic. GWEi. 2L03% 9.M6,45'7 IVA 1,5124,210 A.dB..b MA 771777777 C.—.y.WAdbM. A9zoW.M=ftR WonFundlak B.I.." AdMi. c—y— a ®vimR—w 0 7191E VWl?. 0 0 (316SO U 0 Page 282 of 1106 Page 283 of 1106 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Proclaim June as Immigrant Heritage Month EXPLANATION OF REQUEST: Immigrant Heritage Month celebrates our country's immigrant heritage--stories of individuals, families and communities who have contributed to the unique social fabric of our country. 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 284 of 1106 r Proclamation WHEREAS,generations of immigrants from every corner of the globe have built our country's economy and created the unique character of our nation;and WHEREAS, immigrants continue to grow businesses, innovate, strengthen our economy, and create American jobs in Boynton Beach,FL;and WHEREAS, immigrants have provided the United States with unique social and cultural influence, fundamentally enriching the extraordinary character of our nation;and WHEREAS, immigrants have been tireless leaders not only in securing their own rights and access to equal opportunity,but have also campaigned to create a fairer and more just society for all Americans;and WHEREAS, despite these countless contributions, the role of immigrants in building and enriching our nation has frequently been overlooked and undervalued throughout our history and continuing to the present day. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of June,Two Thousand Nineteen as: Immigrant Heritage Month IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 21s'day of May,Two Thousand Nineteen. Steven B. Grant Mayor ATTEST: Judith A. Pyle,CMC City Clerk 6 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Proclaim the week of May 18-24 as National Safe Boating Week. EXPLANATION OF REQUEST: Safe Boating Campaign reminds boaters of important safety practices such as taking a boating safety course, never boating under the influence, and knowing navigational rules. Statistics from the U.S. Coast Guard statistics tell the story that responsible boating can save lives. 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 286 of 1106 r Pro e I carn cation WHEREAS, on average, 650 people die each year in boating-related accidents in the U.S.; approximately three-fourths of these are fatalities caused by drowning; and WHEREAS,the vast majority of these accidents are caused by human error or poor judgment and not by the boat,equipment,or environmental factors;and WHEREAS,a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets;and WHEREAS, today's life jackets are more comfortable, more attractive, and more wearable than styles of years past. NOW THEREFORE, I, Steven B. Grant, by the authority vested in me by the City of Boynton Beach,do hereby support the goals of the North American Safe Boating Campaign (Wear It!) and proclaim May 18-24,2019 as NATIONAL SAFE BOATING WEEK and the start of the year-round effort to promote safe boating. 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 21st day of May, Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 6 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Presentation of the 20th annual "Bob Borovy Student Citizen of the Year" award by members of the Education &Youth Advisory Board. EXPLANATION OF REQUEST: The Bob Borovy Student Citizen of the Year Award was created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy, a United States Veteran and former advisory board member who was an active citizen of the community for many years. The recipient will receive $1,000 and have his/her name placed on the permanent plaque. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to apply, students must be graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year's award recipient. FISCAL IMPACT: Non-budgeted The award is sponsored by the Education and Youth Advisory Board and is funded through donations. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 288 of 1106 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Announce Disaster Preparedness Tax Holiday from 5/31/19- 6/6/19. EXPLANATION OF REQUEST: The Florida Department of Revenue has declared 5/31/19- 6/6/19 as the Disaster Preparedness Tax Holiday. The below items may be purchased tax free: • Portable self-powered light sources i.e. flashlights, selling for $20 or less • Portable Self-powered radios, two-way radios or weather-band radios, selling for $50 or less • Tarps, other waterproof sheets, ground anchors or ties, also for $50 or less • Gas or diesel fuel tanks that are sold for $25 or less • AA, AAA, C, D, 6-volt or 9-volt batteries sold for $30 or less (car and boat batteries are excluded) • Non-electric coolers up to $30 • Portable generators sold for $750 or less • Reusable ice sold for $10 or less 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 289 of 1106 3.G. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Fire Department to give brief presentation of their operations. 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 290 of 1106 3.H. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Chief Joseph to announce a partnership between the City and Palm Beach Atlantic University (PBAU) to offer a Bachelor of Science degree in Organizational Leadership. EXPLANATION OF REQUEST: This degree will equip students with the ability to: Utilize leadership, professional development, and human relations principles; develop written and oral communication skills; instill a commitment to be critically reflective, self- directed, life-long learners; promote an appreciation of the multicultural environment in which students live and work. The degree program will be presented on an accelerated track. PBAU will work with City employees to minimize out of pocket cost by deferring tuition to mirror the City's tuition assistance program. PBAU will offer major-related courses at Boynton Beach Fire Station 5, other classes can be taken online or at their West Palm Beach campus. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This program is designed to provide academic credentials necessary for our employees to improve their opportunities for professional advancement within the City. FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: This program is designed to provide academic credentials necessary for our employees to improve their opportunities for professional advancement within the City. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 291 of 1106 Type Description Attachment PBAU Brochure Page 292 of 1106 't in t A A v � rpt PALM BEACH ATLANTIC UNIVERSITY IS EXCITED TO PARTNER WITH THE CITY OF BOYNTON BEACH. HOW IT WORKS 0 0 Enroll at PBA as a Apply your Tuition Take courses on site full-time student Assistance at Boynton Beach Fire Station 5 Apply now for FREE with coupon code BOYNTON Visit: PBA will be offering major-related courses at the Boynton Beach Fire Station 5 that will lead to a BS in Organizational Leadership.Courses will be offered in an evening accelerated format that are designed to meet the busy schedules of the city's employees.With tuition assistance and scholarships applied,students pay less than$2,000 per year for a private school education! For more information,please contact J oe Sharp at 561-803-2102 orJoe—Sharp@pba.edu • 2 $1 ,994 BoyntonOnesheet.indd 1 ` 4/30/19 8:51 PM 3.1. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Budget input opportunity. Members of the public are invited to provide input to the City Commission in regards to the upcoming FY19/20 budget. 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 294 of 1106 5.A. ADMINISTRATIVE 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 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 Attachment Appoinntments 5-21-19 D Attachment Bonnell, Richard D Attachment Bryant, John Page 295 of 1106 APPOINTMENTS AND APPLICANTS FOR MAY 21, 2019 Commission II mccray Alt 2 yr term to 12120 Applicants None BuIldIng Board of Adjustments and Appeals III Rornelus Alt 2 yr term to 12120 Tabled(2) IV Penserga Aft 2 yr term to 12/19 Tabled( ) Applicants None -------------------------- Education and Youth AdvisM Board I Katz STU 2 yr term to 12119 Ta ( ) 11 mccray STU NIV 2 yr term to 12A Applicants None Historic Resources Preservation card ry Alt 2 yr term12/19 Romelus Alt 2 yr term to 12/20 Applicants John Bryant Libraryr I Katz Alt 2 yr 0 Tabled(2) slue Alt 2 yr term to 12/19 Applicants None Recreation Mayor Grant Aft 2 yr term to i Ta 2) Applicants Richard onnell Page 296 of 1106 Senior vii IV den t 1 Tabled( ) Applicants None Page 297 of 1106 Ellis, She From: nbrian.bonnell <noreply 123for buildenio> Sent Wednesday, May 08,2019 2:08 PM ® City Clerk Subjecb Advisory r Appointment application Today's date 05/08/2019 Name Richard ii Gender Male Phone number 678-428-8868 Address 3504 SE 2nd st Boynton Beach FL 33435 United Email r.brian.bonnell@gmail.com Current occupation or,if Aviation t retired, ech ion occupation Education B.A.,intelligence stud Are you a registered voter? Yes Do you reside within the Yes Boynton ?Do you own/numage a No ,.,,,„ w„ > business within City " ? . �, If"yes",name of business: �titi soi currentlyAre you serving r r a No Via, board?on a City � e Have you served on a City past?board in the Y If d whe Historicalours do � Have you ever been No crime?convicted of a If"yes",when and where? Advisory tions &Parks Board Personal g a i years in the Army, extensive boating d sailing experience, lots of use tars parks facilities, Professional ens Page 298 of 1106 Feel free to attach/upload an extra sheet or resume. Certification 1,the applicant,hereby certify that the statements and answers proNided herein are true and accurate. I understand that,if appointed,any false statements may be cause for removal from a board. The message has been sent from 73.245.217.136(United States)at 2019-05-08 13:07:39 on lone 12.1 Entry is 334 Referrer:httpr.gy�w .bo nton-beach.o[glboards-and-committees Form Host;https-//www.123formbullder.com form-583214LAdVisor -Board-A pintment-A lication ........ ... 2 Page 299 of 1106 jcreightonb <n r pf 123f r uif r.0 > Sent Friday, May 10,2019 703 AM Tom. C4 Clerk Advisory ppointment application Today'sAttachments: JohrLBryantResume.doc 05/10/2019 Name John of A,f Gender Male Phone 843-307-068 number Address ate a q I.SILP „ t Boynton Beach FL 33435 UnitW States Email jereightonb Gaftmail.com Current occupation r, if retired, Florida 1 of Environmental Piotection prior occupation Education Bachelors in Science Are you a registered Yes voter? Do you reside Within the Boynton Yes 6:1u Beach CityN» 0 J x Do you yj",;�;,i, business No Within city If"Yes",name of business- Are currently No serving on a City board? Page 300 of 1106 Haveyou served on a No City board in the past? If"yes",which board(s) and when? Have you ever been No convicted of a crime? If f'yes",when and where? Advisory please select .. Board Personal Qualifications Professional Memberships Feel free to attach/upload httDs:/t'"-w.123forinbuilder.coMLupload dldphp?filei d=5c68do7a4l36Od66812aObel 3fecef6I an extra sheet or resume. Certification I,the applicant,hereby certify that the statements and answers provided herein are true and acctirate. I understand that,if appointed,any false statements may be cause for removal from a boaW. The message has been sent from 199,73.152.277(United States)at 2019-05-10 D6:32:50 on Internet Explorer 11.0 Entry 10;335 Referrer-htt s/iwww.bovntort-beach.or glboards-and-committees Form Most:https:Z&ww.123formbuflder. rm-583214/Advisory-Board-ADDointment-ADDlication 2 Page 301 of 1106 John C Bryant 516 Manatea Ray Dtive Boynton Rmcii,FL 33435 John C. Bryant Jcrr,ightonB@Wnail.com Current Address- 516 Manatee Day Drive Boynton Beach,FL 33435 (843)307-0682 EDUCATION University of South Carolina c61umbia,SC B.S. in Geoloa,Minor in Geography(2007) EXPERIENCE 40.0 Hours/Week September 25, 2017 Florida Department of Environmental Protec Lion West Palm Beach,EL Present Environmental Specialist III,Full Time Perform project management duties,including District document and report reviews, site investigations,compliance inspections,evaluation of plans,and review of pertinent data and information related to the administration of the State's Waste Cleanup, Petroleum Cleanup, Brownfields and Dry-Cleaning Solvent Cleanup Programs. Coordinate withstake holders,responsible parties, lawyers and landowners to apply knowledge and instruction to accomplish site management functions in site assessment,site remodiation and site closure. * Updates and tracks incotrung and outgoing correspondence in the Oracle and Oculus Database. * Utilizes Florida Administrative Codes, Statues and Standard Operating Procedures to apply applicable rules,regulations,policies and procedures to each regulatory prograrn. 37.5 Hours/Week February 12,2015— SC Department of Health and Environmental Control Columbia, SC September 25,2017 Hydrogeologist III,Full Time * Managed remediation of approximately 163 petroleum contaminated underground storage tank sites tbrough review of environmental plans and reports.Regulations involved using RCRA, Safe Drinking Water Act, Pollution Control Act(SQ, Superfund Regulations, SUPERB Act. * Review and approved cost estimates for site rehabilitation activities fanded by the State Underground Petroleum Environmental Response Bank(SUPERB)Account * Developed remediation goals in accordance with Risk- i s idelines via geochemical modeling(Biosemen&Domenico). Page 302 of 1106 John C.Bryant 516 Manatee Bay Drive Boymton Beach,FL 33435 * Provided data entry projects status updates in the Environmental Facilities Information System(EFIS)Oracle database. * Procured environmental contractors for State Lead and Owner/Operator Lead site rehabilitation activities. * Managed the high-volume sampling and laboratory analytical contracts for the Underground Storage Tank Management Division. * Approved Quality Assurance Programmatic Plans fbr technical work scopes. * Assisted with dam inspections for the Department following catastrophic flooding in South Carolina in October 2015. Serve as one of two coordinators for the Bureau of Land and Waste Management to ensure dams are properly monitored by inspection to and ensure dam owners comply with Department directives. 37.5 HoursJ`Week July 17,2014— SC Department of Health and Environmental Control Columbia,SC February 12,2015 Hydrogeologist II,Mill Time * Performed project management for sites with soil and ground-water contamination resulting from releases from underground storage tanks (USTs);to include technical reviews of plans and reports, and directives for appropriate actions needed to remediate the sites in accordance with Risk-Based Corrective Action criteria. * Procured and/or directed environmental services to achieve cleanup of UST releases. Updated and prepared technical portion of bid specifications for action by Business Management(State Lead Option)or UST Program (UST Owner/Operator Option) * Performed Records Management for all assigned UST releases,to include updates and maintenance of the Environinental Facilities Information System(EFIS)database and maintenance of project files in accordance with established retention policies. * Reviewed and approved Quality Assurance Program Plans(QAPP's) submitted by Certified Contractors. * Performed financial management of sites with UST releases.Reviewed and approved cost invoices/estimates for remediation activities at sites that qualify for state funds.Related reports were checked for accuracy and appropriateness prior to payment authorization from the SUPERB Account. * Provided technical assistance and information to the public,public officials,industries,and consultants. * Maintained responsibility for posting required Public Notices for Land and Waste Management on Department website. * Voluntarily managed the State Lead analytical tab and sampling contracts following the departure of a senior staff member, Page 303 of 1106 Jo bn C Bryant 516 Manatm Bay Drive Boynton Bead.FL 33435 37.5 Houra/Week November 4,2013 — SC Deparbnent of Health and Environmental Control Columbia,SC July 12DI4 Hydrogeologist 1, Fall Time Managed assessment and romediation of approximately 200 petroleum contaminated underground storage tank sites through review of environmental plans and reports. Re-viewed and approved cost estimates for site rehabilitation activities funded by the State Underground Petroleum Environmental Response Bank(SUPERB)Account e Developed remediation goals in accordance with Risk-Based Corrective Action guidelines via geochecoical modeling(Biosereen&Domenico), 9 Provided data entry project status updates in the EFIS database. 40 Hours/Week May 16,2007— Midlands Environmental Consultants Inc. Lexington,SC October 4,2013 Staff Geologist,Full Time Office eVerience at Midlands included. * Performed Management/Scheduling of drilling activities within the company and subcontractors. - Ptisparad the Quality Asmirance,Program Plan Ad for SCDBEC. 9 Prepared Initial Groundwater Assessments(IGWA's),Tier I and Tier II tolsoril, e Prepared Phase I and Phase Il reports. * Conducted surveys and environmental studies for over 250 projects. 9 Maintained involvement in review of laboratory data,analytical data and field data. 6 Prepared environmental documents. a Reviewed and provided reduction of both field data and laboratory analytical data into standardized report form. 9 Transferred data into the SC Department of Health and Environmental Control(SCDHEC)required reporting format using various software applications including Microsoft Word,Excel, and AutoCAD LT- Field experience includes- * Conducted detailed field investigation and environmental studies such as field measurements and gauging of conditions,as well assample and data collection and analysis. a Collected soil and groundwars les using a geoprobe device;performed sample analysis using field immunoassay equipment and techniques; and conducted soil screening using PID equipment. Assigted in the layout of drill plans for permanent monitoring wells and supervised drilling activities. Performed inflow permeability tests at over 80 sites. Conducted Aggressive Fluid Vapor Recovery Events throughout South Carolina and Georgia. Page 304 of 1106 John C.Bryant £6. Bay Drive Boynton Beach,FL 33435 SPEMLIZED TRAMNG OSHA 40 Hour HAZWOPER and Refreshers(2007-Prosent) Association of State Dam Safety OfficialS ( 1 TREEO landfill Design and Construction (2 I ) COMPUTER SKILLS Languages and Soft-are Java,HTMI,Word,PowerPoint,Excel,AreView,AutoCad LT, Oracle,GIS softwarE Operating Systems Windows,Mac and Linux. REFERENCES Upon Request Page 305 0 1106 6.A. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R19-054-Authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 4th of July event to be held Thursday,July 4,2019. EXPLANATION OF REQUEST: The City would like to utilize Journey Church property on Federal Highway as a public parking option during the 4th of July event to be held on Thursday,July 4,2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Parking is very limited at Intracoastal Park and this provides an additional parking option for those that would like to attend the 4th of July event. FISCAL IMPACT: Non-budgeted There is no cost related to the temporary use of Journey Church property on 4th of July event be held Thursday,July 4,2019. ALTERNATIVES: Not approve the land use agreement between the City of Boynton Beach and Journey Church for property(parking)for the City's 4th of July event that will be held on Thursday,July 4,2019. STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: Identifying and promoting additional public parking opportunities during large City events allows more individuals to attend events. Free bus transportation to and from the 4th of J my event will be provided by the City. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution Resolution approving Agreement for Use of Property Agreement Agreement for Use of Property with Journey Church Page 306 of 1106 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH JOURNEY 7 COMMUNITY CHURCH,INC.,FOR THE 4TH OF JULY EVENT TO 8 BE HELD JULY 4,2019;AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Journey Community Church, Inc., property as 12 a public parking option during the Annual 41h Holiday Parade on July 4, 2019; and 13 WHEREAS, While the City's Town Square is under construction parking is limited 14 and this site will provide an alternative for public parking during the parade; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and Journey Community Church, Inc., for the 41h of July event to be held July 41h 2019. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves and authorizes the Mayor to 25 sign a Land Use Agreement between the City of Boynton Beach and Journey Community 26 Church,Inc.,for the 41h of July Annual Event to be held July 4,2019. A copy of the Agreement 27 is attached hereto as Exhibit"A." 28 Section 3. This Resolution shall become effective immediately upon passage. 29 S:\CA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2019-Reso.docx Page 307 of 1106 30 PASSED AND ADOPTED this day of , 2019. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Justin Katz 38 39 Commissioner—Mack McCray 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 VOTE 46 ATTEST: 47 48 49 50 Judith A. Pyle, CMC 51 City Clerk 52 53 54 (Corporate Seal) S:\CA\RESO\Agreements\Land Use Agreement with Journey Church for July 4th 2019-Reso.docx Page 308 of 1106 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this _ day of 2019, by and between the City of Boynton Beach ("City") and Journey Community Church Inc., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and WHEREAS,the City desires to use the parking lots located on the Property for parking for an event taking place on July 4, 2019 (the "Event"); WHEREAS,Owner desires to permit the City to use the parking lots on the Property for the Event; NOW,THEREFORE,for the mutual covenant and matters set forth herein, as of the date set forth above,the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Owner agrees to allow the City to enter onto the Property for uses related to the Event on the dates and times specified on the attached Exhibit A. 3. The City represents and acknowledges that its activities and all participants are properly covered by appropriate insurance;that the City shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring during activities in the course and scope of parking on the Property for the Event; and that the City shall be responsible for any damage to the Property caused by the City's or other Event participant's use of the Property for the Event.The City shall also be responsible for its own negligence. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's negligence or City's activities on the Property during the dates listed in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 4. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 5. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modifications or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 6. This Agreement shall expire on July 4, 2019. 7. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 00823688-1 Page 309 of 1106 IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH By: Print Name: Judith A. Pyle, CMC, City Clerk Title: (SEAL) APPROVED AS TO FORM: James A. Cherof, City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements, personally, appeared , as of the City of Boynton Beach who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12019. NOTARY PUBLIC My Commission Expires: 00823688-1 Page 310 of 1106 ATTEST: By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally, appeared , as of_ who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12018. NOTARY PUBLIC My Commission Expires: 00823688-1 Page 311 of 1106 Exhibit"A" Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event any time July 4, 2019,from 8:00 a.m.to 12:00 a.m. 00823688-1 Page 312 of 1106 6.B. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-055-Authorize the City Manager to sign Omnia Maintenance Agreement with Thyssen-Krupp Elevator Corporation of Kennesaw, GA for annual elevator inspections and service/repairs in various City facilities utilizing the National I ntergovernmental Purchasing Alliance contract R150801 for an estimated monthly amount of$1,855. National I ntergovernmental Purchasing Alliance procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Agreement period: Date of execution to September 20, 2020 Thyssen-Krupp provides annual inspections and service/repairs for seven (7) two-stop elevators. Pricing is based on the Omnia Maintenance Agreement Contract# R150801 that is effective until September 30, 2020. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The State of Florida requires that elevators be registered annually with a Certificate of Operation and compliance requires that each elevator be under maintenance/service contract and undergo annual testing. Failure to meet these requirements would result in having to lock down each affected elevator at the first floor stop; this would hinder accessibility to the upper floors. FISCAL IMPACT: Budgeted Funding is budgeted in: • Facilities Management Account#001-2511-519-49.17 ($25,750) • Library Account#001-2612-571-46.20 for the Schoolhouse Museum ($3,400) • Utilities Account#401-2821-536-49.17 for the Utilities Admin ($3,400) • Utilities Account#401-2811-536-49.17 for the West Water Plant($3,400) ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 313 of 1106 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Thyssen Krupp Elevator Corporation START DATE: 10/1/2015 END DATE: 9/20/2020 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution approving Omnia Maintenance Agreement with Thyssen-Krupp D Agreement Maintenance Agreement Revised D Contract Thyssen Signed Contract for Omnia D Letter Thyssen Award Letter D Other Thyssen 2nd Yr Renewal Letter D Other Thyssen 3rd Year Renewal Letter D Other Thyssen 4th Year Renewal Letter D Other Thyssen 5th Year Renewal Letter Page 314 of 1106 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 OMNIA MAINTENANCE AGREEMENT 7 WITH THYSSEN-KRUPP ELEVATOR CORPORATION FOR 8 ANNUAL ELEVATOR INSPECTIONS AND SERVICE/REPAIRS IN 9 VARIOUS CITY FACILITIES FOR AN ESTIMATED MONTHLY 10 AMOUNT OF $1,855.00, UTILIZING THE NATIONAL 11 INTERGOVERNMENTAL PURCHASING ALLIANCE 12 CONTRACT R150801; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the State of Florida requires that elevators be registered annually with a 16 Certificate of Operation and compliance requires that each elevator be under 17 maintenance/service contract and undergo annual testing; and 18 WHEREAS, failure to meet these requirements would result in having to lock down 19 each affected elevator at the first floor stop which would hinder accessibility to the upper 20 floors; and 21 WHEREAS, Thyssen-Krupp provides annual inspections and service/repairs for 22 seven (7) two-stop elevators with Pricing which is based on the Omnia Maintenance 23 Agreement Contract#R150801 and is effective until September 30, 2020; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 25 recommendation of staff, deems it to be in the best interests of the City residents to approve 26 and authorize the City Manager to sign an Omnia Maintenance Agreement with Thyssen- 27 Krupp Elevator Corporation of Kennesaw, GA for annual elevator inspections and 28 service/repairs in various City facilities utilizing the National Intergovernmental Purchasing 29 Alliance contract R150801 for an estimated monthly amount of$1,855. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Omnia Maintenance Agreement with Thyssen-Krupp Elevator-Reso.docx Page 315 of 1106 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission hereby approves and authorizes the City 36 Manager to sign an Omnia Maintenance Agreement with Thyssen-Krupp Elevator 37 Corporation of Kennesaw, GA for annual elevator inspections and service/repairs in various 38 City facilities utilizing the National Intergovernmental Purchasing Alliance contract R150801 39 for an estimated monthly amount of$1,855, a copy of which Agreement is attached hereto as 40 Exhibit"A." 41 Section 3. This Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this day of May, 2019. 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Justin Katz 49 50 Commissioner—Mack McCray 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Ty Penserga 55 56 ATTEST: VOTE 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 (Corporate Seal) S:\CA\RESO\Agreements\Omnia Maintenance Agreement with Thyssen-Krupp Elevator-Reso.docx Page 316 of 1106 d b�v Omnia Maintenance Agreement — Contract#R150801 thysscnkrupp for the Protedbin of Verficd Transportation Equipment A. THIS AGREEMENT (hereinafter "Agreement") made and entered into on this 24 day of April, 2019 by and between City of Boynton Beach, a governmental municipality, having an address of 222 N.E. 9th Ave, Boynton Beach, Florida 33435 hereinafter referred to as "Purchaser"), and, ThyssenKrupp Elevator Corporation, a Delaware corporation, having an address of 114 Townpark Drive, Kennesaw, Georgia 30144 (hereinafter referred to as"Contractor"). In consideration of the mutual covenants contained herein, Contractor agrees to perform the services described herein and Purchaser or its members agree to pay the amounts described herein, all on the terms and conditions set forth in this Agreement. This agreement will act as an extension of the contract set to expire on September 20, 2020 WHEREAS, B. The Purchaser is engaged either as a real property owner or manager (or as a part in joint ventures or consortiums to that effect); and C. The Service Provider is engaged in the business of servicing and repairing elevators, escalators and other vertical transportation equipment. NOW THEREFORE, the Parties hereto agree as follows: 1. BACKGROUND The Purchaser and the Service Provider desire to enter into this Agreement as a long term commitment for the maintenance and repair of Purchaser's vertical transportation equipment as further described in this Agreement. Under the Agreement the Purchaser may issue written requests to the Service Provider to provide certain vertical transportation maintenance services at locations controlled by Purchaser. The Agreement is to provide an umbrella for those location-specific written requests for vertical transportation maintenance services issued by the Purchaser. 2. GOVERNING DOCUMENTS The following documents form and are an integral part of this Agreement and are to be taken as mutually explanatory of one another. In the case of any ambiguity or discrepancy between the documents forming the Agreement, then the priority of the documents will be in the order as listed below, unless otherwise agreed in writing between the parties: (a) Each individual location requirement (as specified at the time of ordering by the Purchaser). An Location requirement shall be considered "Accepted" if it is fully executed by a duly authorized representative of both the Purchaser and the Service Provider and provided to the Service Provider; (b) This Agreement; (c) Any other document mutually agreed and signed by the parties, forming part of this Agreement. 3. PERFORMANCE Service Provider will provide the services and/or scope of work applicable to all vertical transportation equipment described on any fully executed and properly delivered Agreement (the "equipment") on the terms and conditions set forth in this Agreement (the "Services"). The term "Property" hereinafter will refer to the real property of the Purchaser on which the equipment is located. Service Provider will use trained personnel directly employed and supervised by Service Provider or sub-contractors. They will be qualified to Page 317 of 1106 keep Purchaser's equipment properly adjusted, and they will use all reasonable care to maintain that equipment in proper operating condition. Service Provider will regularly and systematically examine, adjust and lubricate as required, and, in Service Provider's sole opinion, if conditions warrant, Service Provider will repair or replace all equipment parts and devices not specifically excluded by this Agreement. The Services shall be performed in a diligent and first class manner, with quality supplies, materials, equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance, interference, or disruption to tenants or other occupants of the Property and their invitees. Upon completion of the Services, Service Provider shall restore the Property to its original condition and shall leave the Property clean and free of all tools, equipment, waste materials and rubbish. Service Provider will service Purchaser's equipment and its component parts in their present condition with the understanding that Service Provider shall neither be required nor obligated to service, make renewals or repairs upon the equipment by reason of negligence, obsolescence, misuse of the equipment, loss of power, blown fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls or by any other reason or any other cause beyond Service Provider's control, except ordinary wear and tear from the commencement date of this agreement. With the passage of time, equipment technology and designs will change. If any part or component of any equipment described in a NFA cannot, in Service Provider's sole opinion, be safely repaired and is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete. Purchaser will be responsible for all charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment is functionally compatible with that replacement part or component. In addition, Service Provider will not be required to make any changes or recommendations in the existing design or function of the unit(s) nor will Service Provider be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, governmental agencies or authorities, or any other third party. Any work not specifically covered under this agreement shall be at Purchaser's sole expense. The Service Provider may propose changes to the Services by informing the Purchaser in writing. To be binding, such changes must be approved by authorized representatives of both parties in writing. The Parties may also, at any time, agree to add new Services at agreed prices to be covered by this Agreement. To be binding, such additions must be approved by corresponding authorized representatives of both parties in writing. Pledge of Purchaser Satisfaction 3.1 In the event that Purchaser elects to undertake an audit of the service provided under this Agreement and any Location(s) Agreement, such audit must be announced in writing at least ten (10)working days in advance. If any non-compliance is identified in writing to the Service Provider at the address set forth in this Agreement, whether pursuant to an audit or under any other circumstances, the Service Provider will begin to take appropriate measures to remedy such non-compliance within thirty (30) days thereafter. 3.2 The Purchaser and the Service Provider shall appoint appropriate personnel to meet regularly at local and global levels and at such intervals as is deemed necessary to enable the parties to discuss and review the performance of both parties of their respective obligations under this Agreement. The reviews will take place in order to: a) Monitor the effectiveness and efficiency with which this Agreement is being implemented; b) Agree to mutual objectives and timescales; c) Assess the overall performance of this Agreement by each party; d) Review business implications, targets and risks; e) Review whether this Agreement is being conducted in the spirit it was intended; and f) Assess, under this review process, the need to amend or update the performance criteria included in this Agreement. 4. INDEPENDENT CONTRACTOR RELATIONSHIP: Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 2 of 14 Page 318 of 1106 Service Provider shall assume all duties under this Agreement as an independent contractor, and shall not be deemed for any purpose to be an agent, servant, or representative of Purchaser. Purchaser shall have no direct control of Service Provider, its agents, or subcontractors in the performance of the work hereunder. Nothing contained herein shall be construed to be inconsistent with such independent contractor relationship. 5. BY HIGHLY-TRAINED SERVICE PROVIDER PROFESSIONALS: Service Provider employs and supervises elevator technicians who are among the most trusted in the industry and who will provide all maintenance courteously and dependably. Service Provider's elevator technicians receive ongoing training in general equipment development as well as advancements made to Purchaser's specific equipment. 6. ASSURANCE OF SERVICE PROVIDER'S STANDARD OF QUALITY: To help increase elevator performance and decrease downtime, Service Provider's technicians utilize the latest industry methods and technology available to Service Provider for Purchaser's specific brand of equipment. They will be equipped with the tools, documentation and knowledge to troubleshoot Purchaser's unique system. Behind Service Provider's technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a family of engineers and field support experts. Service Provider's International Technical Support facility in Texas continuously researches advancements in the industry and in Purchaser's equipment. 7. EXTENT OF COVERAGE: Service Provider will perform the following Services with respect to any equipment described on any fully executed ocation requirement: 7.1 TRACTION ELEVATORS: Service Provider agrees to and shall maintain the traction elevator equipment described on any Location Agreements on the following terms and conditions: 7.1.1 Service Provider will use trained employees directly employed and supervised by Service Provider. Such employees shall be qualified to keep the Equipment properly adjusted, and Service Provider will use all reasonable care to maintain the Equipment in proper and safe operating condition. 7.1.2 Service Provider will regularly and systematically examine, adjust, clean and lubricate the following as required, and if conditions warrant, repair or replace the same: 7.1.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings, brake pulley and brake coil, contact linings and component parts; 7.1.2b Motor and motor generator, motor windings, rotating element, commutator, brushes, brush holders and bearings; 7.1.2c Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers, and all control components; 7.1.2d Controller, selector and dispatching equipment, leveling devices and cams, all relays, solid state components, resistors, condensers, transformers, contacts, leads, dash pots, timing devices, computer and micro computer devices, steel selector cable or tape, and mechanical and electrical driving equipment; Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 3 of 14 Page 319 of 1106 7.1.2e Governor, governor sheave and shaft assembly, bearings, contacts, and governor jaws; 7.1.2f Deflector or secondary sheave, bearings, car and counterweight guide rails, top and bottom limit switches, governor tension sheave assembly, compensating sheaves assembly, counterweight and counterweight guide shoes including rollers or gibs; 7.1.2g Hoistway door interlocks and hangers, bottom door guides and auxiliary door closing devices and all fastening devices and associated reinforcement in attached components; 7.1.2.h Hoistway entrance door sill areas beyond the entrance frame opening; will be cleaned. 7.1.2i Automatic power operated door operator, car door hanger, car door contact, door protective device, car ventilation system platform, load weighing equipment, car safety mechanism, elevator car guide shoes, gibs or roller; 7.1.3 Service Provider shall maintain the individual minimum performance standards defined below: 7.1.3a "Start to Stop Time" as measured from the moment the car begins motion till the time it stops for a single floor run. 7.1.3b "Door Open Time" as measured from the fully closed door position to a fully open stopped position. 7.1.3c "Door Close Time" as measured from the fully open door position to a fully closed stopped position. Door closing pressure shall not exceed 30 lbs. 7.1.3d "Leveling Accuracy" as measured from car sill to landing sill at a fully stopped position under all load conditions. 7.1.3e "Rated Speed" as the same shall be that noted and shall not vary by more than 5% regardless of direction or load. 7.1.4 Service Provider shall maintain the Rated Speed in feet per minute, the original performance time, including acceleration and retardation as designed and installed by the manufacturer and perform the necessary adjustments as required to maintain the original Door Open Time and Door Close Time, within limits of applicable codes, or to adjust and maintain revised Door Open Time and/or door close Time upon direction of Purchaser. 7.1.5 Service Provider shall maintain smooth ride quality, smooth acceleration and deceleration and comfortable stop. 7.1.6. Service Provider shall maintain positive and quiet door operation with rapid and smooth checking at limits of travel. Service Provider shall annually, check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted and that the system performs as designed and installed by the manufacturer or to adjust and maintain revised settings upon direction of Purchaser. 7.1.7 Service Provider shall examine periodically all safety devices and governors and conduct an annual no-load test. 7.1.8 Service Provider shall calibrate load-weighing devices to Purchaser's selected settings, after annual and, as applicable, five-year safety tests are conducted. 7.1.9 Service Provider shall renew all wire ropes as often as is necessary to maintain an adequate factor of safety; equalize the tension on all hoist and compensation ropes, lubricate ropes Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 4 of 14 Page 320 of 1106 appropriately and when necessary remove all residue and accumulated deposits from the rope surface and shorten ropes and chains as required to provide legal and reasonable bottom clearances. 7.1.10 Service Provider shall repair or replace conductor cables and hoistway and machine room elevator wiring in such a way as to maintain the percentage of spare conductors present at the acceptance of the location requirement. In no case shall the number of spare conductors be less than 5%. 7.1.11 Service Provider shall furnish lubricants compounded to the manufacturer's rigid specifications. 7.1.12 Service Provider shall make other safety tests recommended or directed by all applicable governmental authorities in force at the time of the acceptance of the Agreement. Service Provider shall not be required to install new attachments on the elevators recommended or directed by insurance companies, or by governmental authorities, nor to make replacements with parts of a different design recommended or directed by insurance companies, or by governmental authorities. 7.1.13 Service Provider shall coordinate all testing requiring an independent witness or inspector with the Purchaser's appointed representative. 7.1.14 Service Provider shall not be required to make renewals or repairs necessitated by reason of Purchaser's negligence or Purchaser's misuse of the Equipment or by reason of any other cause beyond Service Provider's reasonable control except ordinary wear and tear. 7.1.15 Service Provider shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment: 7.1.15a All handicap devices; 7.1.15b All elevator related earthquake devices if applicable 7.1.16 Service Provider shall have no responsibility for the following items of Equipment, which are not included: 7.1.16a the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this Agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2 HYDRAULIC ELEVATORS: Service Provider agrees to and shall maintain the hydraulic elevator equipment described on any fully executed Location Agreements under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the same are applicable to hydraulic elevators, with the following additions: 7.2.1 Service Provider shall have no responsibility for the following items of Equipment in addition to those listed in provision 7.1.16a above: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, hydraulic elevator jack, hydraulic elevator outer casing, any type of underground piping or other material, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2.2 Filters, mufflers and muffler components are included. 7.2.3 Service Provider shall periodically examine all safety devices and conduct pressure tests and other tests required by ANSI Al 7.1 or other applicable codes. Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 5 of 14 Page 321 of 1106 7.2.4 Service Provider shall periodically conduct an inspection of hydraulic fluid to detect contaminants and assure proper viscosity, make necessary corrections and replace fluid as required and furnish hydraulic fluid compounded to the manufacturer's rigid specifications. 7.2.5 Service Provider shall clean excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors. 7.3 ESCALATORS: Service Provider agrees to and shall maintain the escalator equipment described on any Location Agreements under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the same are applicable to escalators, with the following additions: 7.3.1. Controller, all relays, contacts, coils, resistance for operating and motor circuits, operating transformers and operating rectifier; 7.3.2 Handrail, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step tread, step wheels, step chains, step axle bushings, comb plates, floor plates and tracks; 7.3.3 Upper drive, upper drive bearings, tension sprocket bearings, upper newel bearings, lower newel bearings; 7.3.4 All balustrade fastenings, deck and trim fastenings(screws, clips, etc.); 7.3.5 Skirt panels and panel finishes; 7.3.6 Escalator under-step lighting and balustrade panel and skirt lighting; 7.3.7 Upper and lower pit equipment spaces, pit lights, trusses and inclined truss pans. 7.3.8 Service Provider shall examine periodically (at intervals not longer than six months) all normal operating devices and equipment in accordance with ANSI A17.1, Section 1007 and conduct annual inspections and tests of all safety devices, brakes, step up thrust devices and governors in accordance with ANSI A17.1, Section 1008. If required, the governor will be calibrated and sealed for proper tripping speed. 7.3.9 Service Provider shall have no responsibility for the balustrade finishes, deck and trim finishes, wedge guards and exterior truss enclosures. 8. PARTS INVENTORY Service Provider maintains a comprehensive parts inventory to support its field operations. Replacement parts are stored throughout North America in Service Provider's facilities and are normally available as necessary. Most specialized parts are available within 24 hours, seven days a week. All replacement parts used in Purchaser's vertical transportation equipment will be new or refurbished to meet the quality standards of Service Provider. 9. TESTING Service Provider will, at its discretion and expense, perform governor and safety tests on traction elevators or annual relief pressure tests on hydraulic elevators per local and State codes. Service Provider assumes no responsibility for the operations of the governor or safety on traction elevators, or the hydraulic system on hydraulic elevators, under the terms of this Agreement until all applicable and governmentally-mandated tests have been made. Should the systems not meet applicable safety code requirements, it shall be the responsibility of the Purchaser, at its sole cost, to make necessary repairs and to place the equipment in a condition, which will be acceptable for coverage under the terms of this Agreement. Service Provider shall not be liable for damage to the building structure or the elevator resulting from any testing of any type or kind at any time. Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 6 of 14 Page 322 of 1106 10. COMPLIANCE WITH LAWS: The rights and duties arising under this Agreement shall be governed by the laws of the State in which the Property is located. In performing the Services required under this Agreement, Service Provider shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations. In the event that any portion of this Agreement is determined to be against public policy or statute, then all other provisions shall remain in full force and effect. 11. TERM: Service under the terms and conditions of this Agreement shall be for an initial non-cancelable to September 20, 2020 The term (length of contract) of maintenance agreements signed under the Omnia Contract may exceed the term of the Omnia Agreement. The terms and conditions of the Omnia Agreement in effect at the date the maintenance agreement is signed will remain in effect for the duration of members local maintenance agreement. Maintenance Agreements can be as long as the Omnia members request provided they are in accordance with local laws and regulations. 12. AFTER HOURS WORK All Services are to be provided during Service Provider's regular working hours of its regular working days unless otherwise specified below. For specified locations marked as "Platinum Premier" within the Exhibit "A", for overtime calls involving one mechanic, Contractor will include our services at no additional cost. 13. PRICING: Pricing (Please See Exhibit A) The Price of Service Provider's service as herein stated shall be specifically set forth on any fully executed Location Agreement(s), payable as agreed upon between the Service Provider and the Purchaser. Those prices are net of all taxes, duties and other levies. Those prices are valid for a period of one (1) year, commencing on the effective date of each respective Location(s) Agreement. Each such period of one year (365 consecutive days) shall be called a "Fixed Price Period". Since Service Provider's costs to provide Purchaser with the Services may increase, the Service Provider shall review and adjust the Monthly Payment Amount for each Location Agreement(s) at the end of each twelve (12) month period. Eighty percent (80%) of the Agreement price for each Location Agreement(s) shall be adjusted to reflect any increase in labor costs based on the straight time rate of elevator mechanics in the local area where the Property is located. The remaining twenty percent (20%) shall be adjusted to reflect any increase in material costs based on the Producer Price Index for Metals and Metal Products as published by the United States Department of Commerce, Bureau of Labor Statistics. However, in no event shall the total price escalations at the end of each twelve (12) month period be no more than four percent (4%) in any subsequent one (1) year period. Service Provider shall provide thirty (30) days advance written notice to Purchaser of all price adjustments referenced in this paragraph. Should equipment covered by any Location Agreement be modified by the Purchaser during the pendency of any Location Agreement the parties will endeavor to reach a written agreement on a modified price for the Services applicable to that equipment. Should those parties fail to reach a written agreement on a modified price then that equipment will be removed from the applicable Location Agreement and the applicable Purchaser shall remain financially responsible to the Service Provider for the Service Provider's lost profits associated with the Services originally designated for that piece of equipment at the original, agreed-to price for the remaining term of the applicable Location Agreement.The price is subject to increase in the event the existing equipment is modified from its present state. A service charge of 1 1/2% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. Time is of the essence. 14. INSURANCE REQUIREMENTS: Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 7 of 14 Page 323 of 1106 At its sole expense, Service Provider shall carry and maintain throughout the term of any fully executed Location Agreement the insurance described below. The all risk and liabilities policies must each contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to Purchaser. Before the commencement of the Services, Service Provider shall submit to Purchaser a Certificate of Insurance showing that all insurance requirements have been met. If any policy expires during the term of any fully executed Location Agreement(s), it shall automatically be renewed and a new Certificate of Insurance shall be sent immediately to Purchaser. Workers' Compensation Statutory Limits Employer's Liability $1,000,000 each accident $1,000,000 policy limit-disease $1,000,000 disease-each employee General Liability This shall include all major divisions of coverage and be on a commercial occurrence form. It shall include premises operations, products and completed operations, contractual, and personal injury. Limits Primary: $2,000,000 each occurrence—BI &PD $2,000,000 general aggregate $2,000,000 personal injury&adv. Injury Automobile Liability and Property Damage This shall be on an occurrence basis with a combined single limit of $2,000,000. It shall include all automobiles owned, leased, hired or non-owned. 15. PURCHASER RESPONSIBILITIES: Product Information. Purchaser agrees to provide Service Provider with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement. Purchaser agrees to authorize Service Provider to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back up of the software embodied therein. These items will remain Purchaser's property. Safety. Purchaser agrees to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. Purchaser agrees to report immediately any condition that may indicate the need for correction before the next regular examination. Purchaser agrees to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notifying Service Provider at the address and phone number listed on any fully executed Locations) Agreement at once, and written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser agrees to provide Service Provider's personnel a safe place in which to work. Service Provider reserves the right to discontinue work in the building whenever, in Service Provider's sole opinion, Service Provider's personnel do not have a safe place in which to work. Purchaser agrees to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50°F minimum to 90°F maximum. Purchaser also agrees to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, Purchaser will contract with others for removal and the proper handling of such liquids. Other. Purchaser agrees not to permit others to make alterations, additions, adjustment, or repairs or replace any component or part of equipment during the term of any fully executed Location(s) Agreement. Purchaser agrees to accept Service Provider's judgment as to the means and methods to be employed for any corrective work under this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described in any fully executed Location(s) Agreement, or the premises in which they are located, Purchaser agrees to see that such successor is made aware of that Location(s) Agreement and Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 8 of 14 Page 324 of 1106 assumes and agrees to be bound by the terms of those documents for the balance of the Location(s) Agreement, and subject to termination herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the Location(s)Agreement. Items Not Covered. Service Provider does not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, intercommunication devices, security systems not installed by Service Provider, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this Agreement. 16. EXCLUSIVITY This Agreement is an exclusive frame agreement, which means that the Purchaser only undertakes to buy the Services, or parts thereof, from the Service Provider from the date that this Agreement is fully executed. 17. EXCUSABLE DELAYS The Service Provider shall not be liable for delay in performing or for failure to perform its obligations under this Agreement or any location requirement if such delay or failure results from any of the following causes: (i) Acts of God, (ii) the act of any government or authority (including the denial or cancellation of any export license or other necessary license), (iii) the outbreak of wars, terrorism, insurrections, (iv) fire, explosion, flood (v) and strike, lock-out or other industrial action which is beyond the Service Provider's control or (vi) any other cause of any nature which is beyond the applicable Service Provider's control. 18. TERMINATION AND REMEDIES 18.1 The Service Provider has the right (but not the obligation) to terminate this Agreement or any location Agreement with 30 day's prior written notice in case of the Purchaser's failure to comply with any terms of this Agreements or any Location Agreement. Termination of a Location(s)Agreement shall not have effect on other existing Locations associated with this Agreement, which shall be completed in accordance with these terms and conditions. If such failure is remedied within the said 30 days period, this right to terminate shall expire. 18.2 The provisions of this Agreement, and the right and remedies of a party in the event of the other party's breach under this Agreement (including the breach of any warranty) are cumulative and are without prejudice to all other rights and remedies available to it and may have at law or otherwise; no exercise by a party of any one right or remedy under this Agreement, or at law or otherwise, shall operate so as to hinder or prevent the exercise of any other such right or remedy. However, in no event shall one party to this Agreement be liable to the other party for any indirect or consequential loss or damage, including but not limited to loss of profit, loss of production, loss of interest or otherwise, which may be suffered by the other party in connection with the entering into or operation of this Agreement. 19.ASSIGNMENT Purchaser may not assign, transfer, novate, sub-contract or otherwise dispose of any of its rights and obligations under this Agreement without the prior written consent of the Service Provider. Notwithstanding the above, Service Provider may without the consent of the Purchaser; use subcontractors for the performance of any Services purchased by the Purchaser under this Agreement or a local agreement. The use of subcontractors to provide Services shall in no way relieve the Service Provider of its responsibilities and obligations towards the Purchaser under this Agreement or a local agreement. Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 9 of 14 Page 325 of 1106 20. HEALTH&SAFETY, ENVIRONMENTAL AND QUALITY The Service Provider and the Purchaser shall work towards the prevention of accidents aiming for zero accidents and the creation of a safer work environment. 21. ETHICAL COMMITMENT The Service Provider has an extensive corporate compliance program and its employees are expected to maintain the highest level of ethical and legal conduct at all times during the term of the Agreement and expects the Purchaser to act in a like manner. Should the Purchaser suspect that the Service Provider or its employees have engaged in any illegal or unethical conduct, such suspicions must be reported through the Service Provider's toll-free compliance hotline at 1-866-572-1739. 22. MISCELLANEOUS 22.1 The headings in this Agreement shall not affect its interpretation. 22.2 Throughout this Agreement, whenever required by context, the use of the singular number shall be construed to include the plural, and the use of the singular number shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders. 22.3 Should any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected. 22.4 The waiver or forbearance or failure of a party in insisting in any one or more instances upon the performance of any provision of this Agreement shall not be construed as a waiver or relinquishment of that party's right to future performance of such provision and the other party's obligations in respect of such future performance shall continue in full force and effect. 22.5 In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this Agreement or to collect any monies due thereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. 22.6 Purchaser hereby waives trial by jury and agrees that this Agreement and any applicable Location(s) Agreement shall be construed and enforced in accordance with the laws of the state where the equipment described on the applicable Location(s) Agreement is located. Purchaser further agrees to jurisdiction of the courts, both state and Federal, of the state in which the equipment set forth on the applicable Location(s) Agreement is located as to all matters and disputes arising out of this that Location(s) Agreement. 22.7 The liability of the Service Provider under this Agreement shall not exceed the value of the Services remaining on the then current and unexpired term of the applicable Location(s)Agreement. 22.8 This Agreement supersedes all prior oral or written agreement between the Service Provider and the Purchaser and constitutes the entire agreement between the parties with respect to the services and work performed hereunder. 23 NOTICES: Every notice or other communication to be given by either party to the other with respect to this Agreement(s), shall be given by personal delivery, by facsimile or by United States registered or certified Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 10 of 14 Page 326 of 1106 mail postage prepaid, return receipt requested, addressed as hereinafter provided. Except as otherwise specified herein, the time period in which a response to any notice or other communication must be made, if any, shall commence to run on the earliest to occur of (a) if by personal delivery, the date of receipt, or attempted delivery, if such communication is refused; (b) if given by telecopy, the date on which such telecopy is transmitted and confirmation of delivery, or attempted delivery, thereof is received; and (c) if sent by mail (as aforesaid), the date of receipt or delivery is refused. Until further notice, notices and other communications under this Agreement shall be addressed to the parties at: FILL IN THE CONTACT INFORMATION FOR USA OPERATIONS FOR PURCHASER HERE ThyssenKrupp Elevator Corporation 114 Town Park Drive NW, Suite 300 Kennesaw, GA 30144 Attn: International Account Contract Administrator FILL IN FAX NUMBER This Agreement has been prepared in duplicate, of which each party has received a copy. Cerffed% osa/Number.- ACCEPTED: PURCHASING COMPANY NAME THYSSENKRUPP ELEVATOR CORP. BY: BY: Signature of Authorized Individual TITLE: TITLE: Branch Account Executive DATE: DATE: THYSSENKRUPP CORP.APPROVAL: BY: TITLE: National Accounts Executive DATE: Exhibit "A" Property list/Location Contract Type and Price Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 11 of 14 Page 327 of 1106 Current Price Per Unit$275.75 on Platinum Premier Contract 1. Intracoastal Park Pavilion one (1) unit 2240 N. Federal Hwy 2. Wilson Park one (1) unit 225 NW 13th Avenue 3. Boynton Beach Library one (1) unit 115 N Federal Hwy 4. Boynton Beach Fire Rescue one (1) unit 2080 High Ridge Road 5. 1913 Schoolhouse Museum one (1) unit 141 E Ocean Drive 6. West Water Plant one (1) unit 5469 W Boynton Beach 7. Boynton Beach Operations one (1) unit 124 E Woolbright Rd Total monthly$1,930.25 Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 12 of 14 Page 328 of 1106 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 Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 13 of 14 Page 329 of 1106 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 Omnia Maintenance Agreement—Contract#R150801 • ThyssenKrupp Elevator Americas Page 14 of 14 Page 330 of 1106 440 s1I w Iq ThyssenKrupp ElevatorCorporation irarrra= I�th 201 Mr Rcal:.eVrt ZingOrt ann I(T PNt 7:145 West IirJ'weil Rd Houston,T,3 770193 t f3IECt" Itl:4:i.tiE=1 "rOR PROPOSAL—Solrcnsticin tt fE (IE Elevator Equirsmient,:berg ice, Repair eirs R-elzited Services lair 'inyelrn aria I hyssenKrrapp would like to thank you for the opportunity to contir rae hrlssiness with Tt:ral',l"+.ttea Fans, tatra hecl all the rer.aclire.arf information rec-ne.tett thrrak.a h`atalicitatiorr 415-0 8 Elevator E€,IrtiyarT tmi., :,ervice, Repan as id Iaera¢:ec1 Seivices,'ute will not be st.ahrnitring a proposal to(Airport Brir'"ge M aintonr-anr-e and Baggage Handling Systems, hyssenKrupp is a glohd Iv atfer in providing elevator services including xr=rvics and repair of all type°, arm all m anrattactrare=.rs.of elevators. Erarh program iE,personalized to 4adure , p-eventative maintenance,,taarts i epair and repl accerrreni,qUality assr.ararice,ser sine requn! sts raruJ yr lrae;.' ldde'd %,,efVICeS c9L'(;C.aojlflh tta v,(Atr ripeds. s. With well over a c ornbin€=d 1E0 years of technical experiencea,crt.ir technicians are well eprlsfafs€,�no deliver rnaintenKance and repair serrtice ro to pretec:t ycalar investment,provide reliable elevator operation, maximize the longevity ofyour ertl.riprrient and furtjrier enhance E he ha gh level of quality >iervi<:,e e.zhaectery by the staff and general public visiting these facilities. we utast t:haat we have provlclecl you with an mforni at ve here ecatr)tJon for thrr,elevator maintenance a rr,r,rrr:ret; however, if{gala have any cva esdons:Please Jer l frenae to contact Jeff J atrcl .0 at 477 3r1C- E,1:ii fJ Sim.:etely. 1r,..1i C,Fr�fr'-1^ .oi,,,. N kn ek,Y,er lanaie Markman National Accounts,Coordinator f hyssenKrupp Flevatur Corlmratian 114 1 own Park Drive,Suf tc,%O Kennesaw GA 3014A Telephone. 77 G.799.0400 Fax 86fa 785.5571 Internet:.Nww.thysse.nkruppelevat(ir,corr, Page 331 of 1106 Krupp- RFP 15-08 for Elevator Equipment, Service, Repair and Related Services Master Index: • Cover Letter • Master Index • Entire RFP Document • Tab 1—Entire Vendor Contract and Signature Form —General Terms and Conditions Acceptance Form (Appendix D) o Appendix A—Vendor Contract and Signature Form o Appendix D—General Terms and Conditions o Facility Solutions Special Terms and Conditions Form Signed • Tab 2—Questionnaire (Appendix E) • Tab 3—Company Profile (Appendix F, excluding References section) o Attachment 1-A Question #5 o Attachment 1-B Question#6 o Attachment 1-C Question #7 o Attachment 1-D Question#16 o Attachment 1-E Question #31 • Tab 4—Product/Services (Appendix B) o Appendix B-1 Equipment Manufacturer and Model Not Supported by Thyssen Krupp Elevator • Tab 5—References (Appendix F) • Tab 6—Pricing (Appendix C) o Gold Level Service TCPN Elevator Maintenance Pricing 2015-2016 (Pages 4-7) o Gold Level Service TCPN Escalator Maintenance Pricing 2015-2016 (Pages 8-10) o Sample TCPN Repair Estimator(Page 11) o Attachment C-1 TCPN 2015-2016 Hourly Billing Rates (Pages 12-14) • Tab 7—Value Add (Appendix G) o Value Add#1—New Installation (Sample Documents& Brochures) o Value Add#2—Modernization (Sample Documents& Brochures) o Value Add#3—Eco and Energy Saving Upgrades (Sample Documents and Brochures) o Value Add#4—Telephone Monitoring ( Sample Brochure) • Tab 8—Required Documents o Additional Required Documents (Appendix H) o Acknowledgement&Acceptance of Region 4 ESC Open Records Policy(Page 4) • Tab 9—Miscellaneous o TCPN National Vertical Transportation Equipment Agreement Sample o Repair Order Sample o TKPIan Brochure o National Accounts Brochure o Engineering Confidence Through Service Brochure Page 332 of 1106 APPENDIXA VENDOR CONTRACT AND SIGNATURE FORM This Vendor Contract and Signature Form ("Contract') is made as of by and between ThyssenKrupp Elevator Corporation "Vendor" and Region 4 Education Service Center("Region 4 ESC') for the purchase of Elevator Equipment,Service,Repair and Related Service ("the products and services'). RECITALS WHEREAS, both parties agree and understand that the following pages will constitute the contract between the successful vendor(s) and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations will be incorporated into the final contract "Vendor Contract." WHEREAS, this contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Vendor Contract will provide that any state, county, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agencies or non-profit organization may purchase products and services at prices indicated in the Vendor Contract upon registering and becoming a member with TCPN; and it being further understood that Region 4 ESC shall act as the Lead Public Agency with respect to all such purchase agreements. WHEREAS, TCPN has the administrative and legal capacity to administer purchases on behalf of Region 4 ESC under the Vendor Contract with participating public agencies and entities, as permitted by applicable law. ARTICLE 1-GENERAL TERMS AND CONDITIONS 1.1 TCPN shall be afforded all of the rights, privileges and indemnifications afforded to Region 4 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply with equal effect to TCPN, including, without limitation, Vendors obligation to provide insurance and other indemnifications to Lead Public Agency. 1.2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this agreement, and required under the Vendor Contract. 1.3 TCPN shall perform its duties, responsibilities and obligations as administrator of purchases, set forth in this agreement, and required under the Vendor Contract. 16 of 162 Page 333 of 1106 1.4 Purchasing procedure: • Purchase orders are issued by participating governmental agencies to the awarded vendor indicating on the PO "Per TCPN Contract." • Vendor delivers goods/services directly to the participating agency. • Awarded vendor invoices the participating agency directly. • Awarded vendor receives payment directly from the participating agency. • Awarded vendor reports sales monthly to TCPN. 1.5 Customer Support: The vendor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff, TCPN staff and participating agencies. The vendor shall respond to such requests within one (1) working day after receipt of the request. ARTICLE 2-ANTICIPATED TERM OF AGREEMENT 2.1 Unless otherwise stated, all contracts are for a period of one (1) year with an option to renew annually for an additional four (4) years if agreed to by Region 4 ESC. Region 4 ESC will notify the vendor in writing if the contract is extended. Awarded vendor shall honor all administrative fees for any sales made based on the contact whether renewed or not. 2.2 Region 4 ESC shall review the contract prior to the renewal date and notify the current awarded vendor, no less than ninety (90) days of Region 4 ESC's intent renew the contract. Upon receipt of notice, awarded vendor must notify Region 4 ESC if it elects not to renew. Awarded vendor shall honor the administrative fee for any sales incurred throughout the life of the contract on any sales made based on a Region 4 ESC contract whether awarded a renewal or not. Region 4 ESC reserves the right to exercise each two-year extension annually. ARTICLE 3- REPRESENTATIONS AND COVENANTS 3.1. Scope: This contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other members. Although contractors may restrict sales to certain public units (for example, state agencies or local government units), any contract that prohibits sales from being made to public school districts may not be considered. Sales without restriction to any Members are preferred. 3.2. Compliance: Cooperative Purchasing Agreements between TCPN and its Members have been established under state procurement law. 3.3. Offeror's Promise: Offeror agrees all prices, terms, warranties, and benefits granted by Offeror to Members through this contract are comparable to or better than the equivalent terms offered by Offeror to any present customer meeting the same qualifications or requirements. ARTICLE 4- FORMATION OF CONTRACT 4.1. Offeror Contract Documents: Region 4 ESC will review proposed offeror contract documents. Vendor's contract document shall not become part of Region 4 ESC's contract with vendor unless and until an authorized representative of Region 4 ESC reviews and approves it. 17 of 162 Page 334 of 1106 4.2. Form of Contract: The form of contract for this solicitation shall be the Request for Proposal, the awarded proposal(s) and best and final offer(s), and properly issued and reviewed purchase orders referencing the requirements of the Request for Proposals. If a firm submitting an offer requires Region 4 ESC and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal. 4.3. Entire Agreement (Parol evidence): The contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 4.4. Assignment of Contract: No assignment of contract may be made without the prior written approval of Region 4 ESC. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by Region 4 ESC. Awarded vendor is required to notify Region 4 ESC when any material change in operations is made that may adversely affect members (i.e. bankruptcy, change of ownership, merger, etc.). 4.5. Novation: If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. Region 4 ESC reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor. 4.6. Contract Alterations: No alterations to the terms of this contract shall be valid or binding unless authorized and signed by a Region 4 ESC staff member. 4.7. Order of Precedence_: In the event of a conflict in the provisions of the contract as accepted by Region 4 ESC, the following order of precedence shall prevail: • Special terms and conditions • General terms and conditions • Specifications and scope of work • Attachments and exhibits • Documents referenced or included in the solicitation 4.8 Supplemental Agreements: The entity participating in the Region 4 ESC contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. Neither Region 4 ESC, TCPN, its agents, members and employees shall be made party to any claim for breach of such agreement. 4.9 Adding authorized distributors/dealers: Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under their contract award without notification and prior written approval from TCPN. Awarded vendors must notify TCPN each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by TCPN. Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder, unless otherwise approved by TCPN. 18 of 162 Page 335 of 1106 ARTICLE 5-TERMINATION OF CONTRACT 5.1. Cancellation for Non-Performance or Contractor Deficiency: Region 4 ESC may terminate any contract if Members have not used the contract, or if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the contract; ii. Providing work and/or material that was not awarded under the contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; V. Failing to make progress in performance of the contract and/or giving Region 4 ESC reason to believe that contractor will not or cannot perform the requirements of the contract; and/or vi. Performing work or providing services under the contract prior to receiving a Region 4 ESC reviewed purchase order for such work. Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of the Member on demand. 5.2 Termination for Cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely manner, or if the vendor violates any of the covenants, agreements, or stipulations of this contract Region 4 ESC reserves the right to terminate the contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by vendor for this solicitation may become the property of the participating agency or entity. If such event does occur then vendor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents. 5.3 Delivery/Service Failures: Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the contract to be terminated. In the event that the participating agency or entity must purchase in an open market, contractor agrees to reimburse the participating agency or entity, within a reasonable time period, for all expenses incurred. 5.4 Force Majeure: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the ether party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; 19 of 162 Page 336 of 1106 restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. 5.5 Standard Cancellation: Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. Vendor may be requested to provide additional items not already on contract at any time. ARTICLE 6- LICENSES 6.1 Duty to keep current license: Vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Region 4 ESC reserves the right to stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are suspended or terminated. 6.2 Survival Clause: All applicable software license agreements, warranties or service agreements that were entered into between Vendor and Customer under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Contract. ARTICLE 7- DELIVERY PROVISIONS 7.1 Delivery: Vendor shall deliver said materials purchased on this contract to the Member issuing a Purchase Order. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period the vendor must receive authorization from the purchasing agency for the delayed delivery. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. 7.2 Inspection &Acceptance: If defective or incorrect material is delivered, purchasing agency may make the determination to return the material to the vendor at no cost to the purchasing agency. The vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible for arranging the return of the defective or incorrect material. ARTICLE 8- BILLING AND REPORTING 8.1 Payments: The entity using the contract will make payments directly to the awarded vendor. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 8.2 Invoices: The awarded vendor shall submit invoices to the participating entity clearly stating "Per TCPN Contract". The shipment tracking number or pertinent information for verification shall be made available upon request. 20 of 162 Page 337 of 1106 8.3 Tax Exeml2t_Status: Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.. 8.4 Reporting: The awarded vendor shall electronically provide TCPN with a detailed monthly report showing the dollar volume of all sales under the contract for the previous month. Reports shall be sent via e-mail to TCPN offices at relporting@_tcpn.org. Reports are due on the fifteenth (15th) day after the close of the previous month. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating Members and submit one (1) report. The report shall include at least the following information listed below: • Vendor Name • TCPN Contract Number • Reporting Period/Year • Entity Name • Entity Address ( Including Street, City, State & Zip) • Entity Purchase Order Number(Individual Purchase Order Numbers) • Purchase Order Date • Gross Sale Amount • Administrative Fee (Based on Gross Sale Amount) • If there are no sales to report, Vendor is still required to communicate that information via email ARTICLE 9- PRICING 9.1 Best price guarantee: The awarded vendor agrees to provide pricing to Region 4 ESC and its participating entities that are the lowest pricing available and the pricing shall remain so throughout the duration of the contract. The awarded vendor agrees to lower the cost of any product purchased through TCPN following a reduction in the manufacturer or publisher's direct cost. 9.2 Price increase: Should it become necessary or proper during the term of this contract to make any change in design or any alterations that will increase expense Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the contract, shall be paid without prior approval. All price increases must be supported by manufacture documentation, or a formal cost justification letter. Awarded vendor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC if requested. It is the awarded vendor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was accepted in the original contract. 9.3 Additional Charges: All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 9.4 Price reduction and adjustment: Price reduction may be offered at any time during contract and shall become effective upon notice of acceptance from Region 4 ESC. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all Members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time-limit; and 4) Region 4 ESC has approved 21 of 162 Page 338 of 1106 the new prices prior to any offer of the prices to a Member. Vendor shall offer Region 4 ESC any published price reduction during the contract period. 9.5 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser (Region 4 ESC or its Members). It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly. 9.6 Administrative Fees: All pricing submitted to Region 4 ESC shall include the administrative fee to be remitted to TCPN by the awarded vendor. The awarded vendor agrees to pay administrative fees to TCPN of four percent (4%). (Sales will be calculated for fiscal year of January 1st through December 31 st and reset each year) ARTICLE 10- PRICING AUDIT 10.1 Audit rights: Vendor shall, at Vendor's sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Agreement. TCPN and Region 4 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In the State of New Jersey, this audit right shall survive termination of this Agreement for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Region 4 ESC shall have the authority to conduct random audits of Vendor's pricing that is offered to eligible entities at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Vendor's pricing at Vendor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC or TCPN. ARTICLE 11- OFFEROR PRODUCT LINE REQUIREMENTS 11.1 Current products: Proposals shall be for materials and equipment in current production and marketed to the general public and education/government agencies at the time the proposal is submitted. 11.2 Discontinued products: If a product or model is discontinued by the manufacturer, vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 11.3 New products/Services: New products and/or services that meet the scope of work may be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause. 11.4 Options: Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount 22 of 162 Page 339 of 1106 similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 11.5 Product line: Offerors with a published catalog may submit the entire catalog. Region 4 ESC reserves the right to select products within the catalog for award without having to award all contents. Region 4 ESC may reject any addition of equipment options without cause. 11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 11.7 Buy American requirement: (for New Jersey and all other applicable States) Vendors may only use unmanufactured construction material mined or produced in the United States, as required by the Buy American Act. Where trade agreements apply, to the extent permitted by applicable law, then unmanufactured construction material mined or produced in a designated country may also be used. Vendors are required to check state specific requirements to ensure compliance with this requirement. ARTICLE 12- SITE REQUIREMENTS 12.1 Cleanup: Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by Member. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. 12.2 Preparation: Vendor shall not begin a project for which Member has not prepared the site, unless vendor does the preparation work at no cost, or until Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements. 12.3 Registered sex offender restrictions: For work to be performed at schools, vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perforin work at any time when students are or are reasonably expected to be present. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Member's discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 12.4 Safety measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 12.5 Smoking: Persons working under the contract shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises. 12.6 Stored materials: Upon prior written agreement between the vendor and Member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Member prior to payment. Such materials must be stored and protected in a secure location, and be insured for their full value by the vendor against loss and damage. Vendor agrees to provide proof of coverage and/or addition of Member as an additional insured upon Member's request. Additionally, if stored offsite, the materials must also be clearly identified as property of buying Member and be separated from other materials. Member must be allowed 23 of 162 Page 340 of 1106 reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by the Member, it shall be the Vendor's responsibility to protect all materials and equipment. The Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptance. ARTICLE 13- MISCELLANEOUS 13.1 Funding Out Clause: Any/all contracts exceeding one (1) year shall include a standard "funding out" clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity's current revenue only, provided the contract contains either or both of the following provisions: "Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract." 13.2 Disclosures: Offeror affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. Include a complete description of any and all relationships that might be considered a conflict of interest in doing business with participants in TCPN. The Offeror affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. 13.3 Indemnity: The awarded vendor shall protect, indemnify, and hold harmless both Region 4 ESC and TCPN and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract, including any supplemental agreements with members. Any litigation involving either Region 4 ESC or TCPN, its administrators and employees and agents will be in Harris County, Texas. Any litigation involving TCPN members shall be in the jurisdiction of the participating agency. 13.4 Franchise Tax: The Offeror hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes. 13.5 Marketing: Awarded vendor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this contract by awarded vendor must have prior approval from Region 4 ESC. 13.6 Certificates of Insurance: Certificates of insurance shall be delivered to the Region 4 ESC participant prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. 24 of 162 Page 341 of 1106 13.7 Legal Obligations: It is the Offeror's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. 13.8 Open Records Policy: Because Region 4 ESC contracts are awarded by a governmental entity, responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify, and line-by-line the parts of the response,,,. which it. believes, are exempt. In addition the Offeror must specify which exception(s) are applicable-and provide detailed reasons to substantiate the exception(s). Offeror must provide this information on the "Acknowledge and Acceptance to Region 4 ESC's Open Record Policy" form found at the beginning of this solicitation. Any information that is unmarked will be considered public information and released, if requested under the Public Information Act. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Offeror are advised to consult with their le al counsel concerning disclosure issues resulting from this rocurement process and to take precautions to safe uard trade secrets and other ro rieta information. After completion of award, these documents will be available for public inspection. [Remainder of Page Intentionally Left Blank- Signatures follow on Signature Form] 25 of 162 Page 342 of 1106 VENDOR CONTRACT SIGNATURE FORM The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this proposal in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor y any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Prices are guaranteed: 1 20 da s Company name ThyssenKrupp Elevator Address 11.4 Town Park ter Suite 300 City/State/Zip Kennesaw, CA 30144 Telephone No. 972-3656128 Fax No. 366-385-5571 Email address Jeff.Jaudes@thyssenkrupp.com Printed name Jeff Judes Position with company _National account Manager Authorized signature '- . Accepted by The Cooperat a wPurcha ing Network: Term of contract L CL 2 to a 2 C) Unless otherwise stater!, all contracts are for a period of one (1) year with an option to renew annually for an additional four (4) years if agreed to by Region 4 ESC and the awarded vendor. Awarded vendor shall honor all administrative fees for any sales made based on a contract whether renewed or not. y Region 4 ESC Authorized Board Member Date F& " Print Name Redo 4 ESC Auth�-Ized Board Member Date - - P-1 Print Name TCPN Contract Number /$ 26 of 162 Page 343 of 1106 Appendix GENERAL TERMS & CONDITIONS ACCEPTANCE FORM Signature on Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions: ❑ We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) ® We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below: (Note. Unacceptable exceptions shall remove your proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final. ) 19/162: (5.4) We would like to add the following to this section "Under no circumstances shall either party be liable for consequential damages" 35 of 162 Page 344 of 1106 Parc/ 11 UPN ;AZ_ Wp- air / �" PrO l O °\ Proposal # Dear Valued TCPN Member/User: Thank you for your consideration in accessing and potentially using a TCPN-awarded contract. As you are aware, we take each and every awarded vendor through a very transparent and competitive process. Nonetheless, we continue to look for methods to better serve our customers. Most recently, we have implemented a new proposal registration program to provide consistency and faster service for our members. The process will require Facility Contract holders to register and receive a Certified TCPN Proposal Number that must be prominently displayed on each proposal(s) that you receive. This new system will track Facility transactions from the initial proposal stage to the completion of each project. TCPN has assembled an experienced Facilities Management Team that stands ready and willing to assist its vendors in providing quality services to your organization. We support and encourage you to call our TCPN Team to verify the Certified TCPN Proposal Number and ask further questions. Failure to receive the Certified TCPN Proposal Number can result in potential delays to your services. Please see our website at www.tcpn.org to contact our team members in serving your needs. Thank you for your potential business and remember to only accept proposals with a Certified TCPN Proposal Number. Sincerely, The TCPN Facilities Management Team 36 of 162 Page 345 of 1106 WONFAA r—r-ld"PNR lv'vt�-4 1 U The Cooperative Purchasing Network TCPN Certified Pro osal Number Process Fill out the form on the Facilities page at www.TCPN.org (Direct link is htt :11w .t n.or /Pa es/Facilitigg.as ) *Click n TCPN Logo in center of page and a form will pop up. * Fill out andit. • All proposal numbers requests must be submitted and a proposal number received before you present it to your potential customer. • You will have a response with a Certified TCPN Proposal Number within 24 hours. • If you have an emergency and need a proposal number sooner, call any member of the Facility Management team and we will help you. • Include the proposal number and TCPN Official Contract Holder seal of approval on all proposals. Feel free to use the attached form for your convenience. 37 of 162 Page 346 of 1106 FACILITY SOLUTIONS SPECIAL TERMS & CONDITIONS VENDOR"ACCEPTANCE FORM This document acknowledges that you have received and agree to the details, directions and expectations of the Certified TCPN Proposal Number process. Date: 06/05/2015 RFP Number: 15-08 Company Name: ThyssenKrupp Elevator Printed Name: ,teff Jaudes Signature: 61 U 38 of 162 Page 347 of 1106 r W%-4FJ r-jrId-'4PNR The Cooperative Purchasing Network Vendor Orientation Respondent companies must commit to attending a vendor orientation meeting at TCPN's offices should they be awarded a contract with Region 4 ESC through this RFP. Vendor orientation meetings are meant to establish a good relationship with awarded vendors and help to ensure compliance and effective administration over the life of the contract. Respondents should indicate below who the participants will be for the vendor orientation. TCPN highly recommends that the individuals who will handle contract management, reporting and accounting, and marketing all come to the orientation meeting. Vendor orientations for this RFP will be held between September 8 - 25, 2015. Please provide information on who should be contacted for scheduling if awarded: ThyssenKrupp Elevator Vendor Jeff Jaudes Point of Contact National Account Mana er Title 972-365-6128 Phone Number _ Jeff.Jaudes@thyssenkrupp.com Email Address 6 Signature;!�q Date: 39 of 162 Page 348 of 1106 Appendix E: QUESTIONNAIRE Please provide responses to the following questions that address your company's operations, organization, structure and processes for providing products and services. 1. States Covered Offeror must indicate any and all states where products and services can be offered. Please indicate the price co-efficient for each state if it varies. ❑ 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) ❑x All U.S. ❑Alabama ❑Montana ❑Alaska ❑Nebraska ❑Arizona ❑Nevada ❑Arkansas ❑New Hampshire ❑California ❑New Jersey ❑Colorado ❑New Mexico ❑Connecticut ❑New York ❑Delaware ❑North Carolina ❑District of Columbia ❑North Dakota Florida ❑Ohio ❑Georgia ❑Oklahoma ❑Hawaii ❑Oregon ❑Idaho ❑Pennsylvania ❑Illinois ❑Rhode Island ❑Indiana ❑South Carolina ❑Iowa ❑South Dakota ❑Kansas ❑Tennessee ❑Kentucky ❑Texas ❑Louisiana ❑Utah ❑Maine ❑Vermont ❑Maryland ❑Virginia ❑Massachusetts ❑Washington ❑Michigan ❑West Virginia ❑Minnesota ❑Wisconsin ❑Mississippi ❑Wyoming ❑Missouri Territories & Outlying Areas (Selecting this box is equal to checking all boxes below) ❑American Samoa ❑Northern Marina Island: ❑Federated States of Micronesia ®Puerto Rico ❑Guam ❑U.S. Virgin Islands ❑Midway Islands 2. Diversity Programs • Do you currently have a diversity program or any diversity partners that you do business with? ❑Yes ®No • If the answer is yes, do you plan to offer your program or partnership through through TCPN ❑Yes ®No 40 of 162 Page 349 of 1106 (If the answer is yes, attach a statement detailing the structure of your program, along with a list of your diversity alliances and a copy of their certifications.) Will the products accessible through your diversity program or partnership be offered to TCPN members at the same pricing offered by your company? ❑Yes ❑No (If answer is no, attach a statement detailing how pricing for participants would be calculated.) 3. Diverse Vendor Certification Participation It is the policy of some entities participating in TCPN to involve minority and women business enterprises (M/WBE), small and/or disadvantaged business enterprises, disable veterans business enterprises, historically utilized businesses (HUB) and other diversity recognized businesses in the purchase of goods and services. Respondents shall indicate below whether or not they hold certification in any of the classified areas and include proof of such certification with their response. a. Minority Women Business Enterprise Respondent certifies that this firm is an MWBE ❑Yes X❑No List certifying agency: b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Respondent certifies that this firm is a SBE or DBE []Yes ®No List certifying agencya c. Disabled Veterans Business Enterprise (DVBE) Respondent certifies that this firm is a DVBE ❑Yes ®No List certifying agency: d. Historically Underutilized Businesses (HUB) Respondent certifies that this firm is a HUB ❑Yes ®No List certifying agency: e. Historically Underutilized Business Zone Enterprise (HUBZone) Respondent certifies that this firm is a HUBZone []Yes ®No List certifying agency: f. Other Respondent certifies that this firm is a recognized diversity ❑Yes ®No certificate holder List certifying agency: 4. Residency Responding Company's principal place of business is in the city of Kennesaw State of GA 41 of 162 Page 350 of 1106 5. Felony Conviction Notice Please check applicable box: ❑x A publicly held corporation; therefore, this reporting requirement is not applicable. ❑ is not owned or operated by anyone who has been convicted of a felony. ❑ Is owned or operated by the following individual(s)who has/have been convicted of a felony. *If the 3rd box is checked a detailed explanation of the names and convictions must be attached. 6. Processing Information Company contact for: Contract Management Contact Person: Title: Company: Address: City: State: GA Zip: -- Phone: Fax: Email: Billing & Reporting/Accounts Payable Contact Person: Title: Company: Address: City: State: - Zip: _ Phone: Fax:- Email: Marketing Contact Person: Title: Company: Address: City: State: Zip: Phone: Fax: Email: 42 of 162 Page 351 of 1106 7. Distribution Channel: Which best describes your company's position in the distribution channel: 0 Manufacturer direct ❑ Certified education/government reseller ❑ Authorized distributor ❑ Manufacturer marketing through reseller ❑ Value-added reseller ❑ Other 8. Pricing Information • In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. ❑Yes ❑No (If answer is no, attach a statement detailing how pricing for participants would be calculated.) • Pricing submitted includes the required administrative fee. DYes ❑No (Fee calculated based on invoice price to customer) • Additional discounts for purchase of a guaranteed quantity? ❑Yes [j]No 9. Cooperatives List any other cooperative or state contracts currently held or in the process of securing Cooperative/State Agency Discount Expires Annual Sales Offered Volume NJPA 11/14/15 43 of 162 Page 352 of 1106 Appendix F: COMPANY PROFILE Please provide answers to the following questions in a clear and concise manner, Provide the question number in your response: 1. Company's official registered name. ThyssenKrupp Elevator Corporation 2. Brief history of your company, including the year it was established. ThyssenKrupp Elevator is a US $1.7 billion dollar company that manufactures, installs and services a wide variety of passenger and freight needs. Headquartered in Atlanta, Georgia, ThyssenKrupp Elevator Corporation provides a full range ofelevators, lifts and escalators for all types of passenger and freight applications. Complete elevator systems, including all major components, are manufactured at our plants in Tennessee, Mississippi,'Foronto and New York City. ThyssenKrupp Elevator is represented by over 135 branches and 250 local representatives in the United States and Canada and employs over 10,000 manufacturing, installation, service, repair, sales and management professionals. Most impressive is the fact that we individually service nearly 240,000 elevators,escalators and lifts in North America, over 50,000 of which were manufactured and installed by other companies. ThyssenKrupp Elevator's ultimate parent is ThyssenKrupp AG, a large German corporation headquartered in Dflsseldorf. ThyssenKrupp AG's predecessor,Thyssen AG entered the North American vertical transportation market in the 1980's, and was growing its business,when it acquired Dover Elevator Company in July 1999. Dover was well established in the U.S. market, and the merger of these two companies created the largest vertical transportation company in North America. Thyssen and Dover Elevator joined forces as ThyssenKrupp Elevator with one purpose: to exceed customer expectations with a powerful combination of products, services and technology. 3. Company's Dun & Bradstreet (D&B) number, 01-956-3621 4. Corporate office location. ThyssenKrupp Elevator 114 Town Park Dr. Suite 300 Kennesaw, GA 30144 5. List the total number of sales persons employed by your organization within the United States, broken down by market. *** Please see attachment I-A*** • East Region: 218 • West Region: 148 • Central Region: 174 44 of 162 Page 353 of 1106 6. List the number and location of offices, or service centers for all states being offered in solicitation. Additionally, list the names of key contacts at each location with title, address, phone and e-mail address. Please see attachment I-B for list of office locations and key contacts. 7. Please provide contact information for the person(s) who will be responsible for the following areas, including resumes: 8. Define your standard terms of payment. • Service: Typically, we will bill monthly or quarterly in advance. Payment is expected NET 30. • Repair: 50% upon award, 50% upon completion of the work. • Construction: Progressively in line with percentage of completion. 10%retainage. • However, with advanced notice we can accommodate most any billing and collection terms 9. Who is your competition in the marketplace? Kone, Otis,Schindler 10. Overall annual sales for last three (3) years; 2012, 2013, 2014. Propriety Information, cannot share with outside sources. 11. Overall public sector sales, excluding Federal Government, for last three (3) years; 2012, 2013, 2014. Propriety Information, cannot share with outside sources. 12. What is your strategy to increase market share? ThyssenKrupp Elevator's mission statement is to provide comprehensive, high quality, and competitively priced vertical transportation equipment and service to all our customers. We accomplish this through continuous identification of needs and expectations, effective planning, Page 354 of 1106 - ~ - - skilled employees and cutting edge technology consistent with business plan objectives.As well asan aggressive marketing campaign tobuild partners inour industry. 13. What differentiates your company from competitors? At ThyssenKrupp Elevator,our goal is to achieve a partnership with our customers that permit us to meet their vertical transportation needs now and inthe future. Our aim iotomake adirect contribution tmour customer's success.VVeare committed to the continual improvement mfour service business and endeavor tmmaintain our position eothe peerless leader inour industry 14. What iathe reputation ofyour company and your company's products and services inthe marketplace? Competence and diversity,global reach and tradition form the basis of our worldwide market leadership. We create value for customers, employees and shareholders. We are customer-focused. We develop innovative products and services that create sustainable infrastructures and promote efficient use ofresources.VVaengage as entrepreneurs with confidence, apassion toperform and courage, aiming to bebest inclass.This isbased onthe dedication and performance ofevery team member. Employee development is especially important. Employee health and workplace safety have top priority. We serve the interests ofthe group. Our interactions are based ontransparency and mutual respect. Integrity,credibility, reliability and consistency define everything m/e do. Compliance is must. We are a responsible corporate citizen. International Technical Services is a key component to our ability to maintain our competitor manufactured equipment. In addition to providing engineering support,training and technical publications, ITS provides repair and diagnostic testing of circuit boards. |naddition they provide and develop the diagnostic tools to trouble shoot microprocessor controllers. This is a key advantage of ThyssenKrup9Elevator, xxeare nearly self-contained when it comes tomicroprocessor boards. ThyosenKruppElevator utilizes GPS within our Technician's mobile devices sothat vxecan route the closest technician to service calls in effort to reduce downtime.We continually look for ways to better serve and communicate with our customers.As we find more ways to improve our service through mobile technology ThyssenKruppElevator isalways communicating these new enhancements toour customers. With over 34%of the new installation market,ThyssenKrupp Elevators product line as earned one of the highest reputation for consistency and continuous operation in the Americas. 15. Describe the capabilities and functionality ofyour firm's on-line cata|og/o[deringxxebaite. ThyssenKruppElevator has onour public web site: http://xxxvm/.thyosenhruppe|evatmr.conn/acomplete list of products and services offered. Also complete architectural drawings and engineered specifications for all elevator, escalators and moving walks manufactured and installed byThyssenNrupp Elevator. Final purchases are performed personally with the customer and the local office level. Page 355Of1106 44Bof102 16. Describe your company's Customer Service Department (hours of operation, number of service centers, etc.) ThyssenKrupp Elevator's North American Division is separated into three regions, consisting over 6,000 employees working directly at our branch and regional offices.These locations are as listed below.See Attachment 1-D for the listing of over 135 offices across the US.Our local customer service is supported by our call center,TK Communications which is operational 24/7 if the local branch is not available. • East Region: 3013 Employees • West Region: 1809 Employees • Central Region: 2135 Employees 17. What is the capability of your company to respond to emergency/rush orders? • Emergency Service Calls involving entrapments are responded to immediately, our goal is to be onsite within 1 hour or less of notification. • Non-nal Service Calls: Our technicians' goal is to arrive within 2 hours of notification. • In remote areas where driving time is significant,response may be longer. 44-C of 162 Page 356 of 1106 18. Provide information regarding whether your firm, either presently or in the past, has been involved in any litigation, bankruptcy, or reorganization. Notwithstanding, ThyssenKrupp Elevator Corporation is a $2.2 billion company. Lawsuits do occur and exist; however, TKEC has adequate risk management, legal and insurance safeguards in place to protect itself and its customers when required.ThyssenKrupp Elevator has not been involved in bankruptcy or reorganization. Marketing /Sales 19. Detail how your organization plans to market this contract within the first 90 days of the award date. This should include, but not be limited to: a. A co-branded press release within first 30 days b. Announcement of award through any applicable social media sites: C. Direct mail campaigns d. Co-branded collateral pieces e. Advertisement of contract in regional or national publications f. Participation in trade shows 9. Dedicated TCPN and Region 4 ESC internet web-based homepage with, i. TCPN and Region 4 ESC Logo ii. Link to TCPN and Region 4 ESC website iii. Summary of contract and services offered iv. Due Diligence Documents including; copy of solicitation, copy of contract and any amendments, marketing materials Within the first 90 days of the award ThyssenKrupp will: • On our internal website we will post a link to all required documents and forms to sell these services to the membership • On our social media site we will post a link to the TCPN and Region 4 ESC website • Continued participation in trade shows within our industry posting placards stating that we are a supplier for TCI,)N and Region 4 ESC • Additionally, local meetings with BOA and facilities management companies. 20. Describe how your company will demonstrate the benefits of this contract to eligible entities if awarded. When given access to a TCPN member or potential member, we will supply the member with comparison TCPN pricing versus market pricing for that area, also we will be clear in educating the member of the advantages to operating with a volume GPO organization. 45 of 162 Page 357 of 1106 21. Explain how your company cdmna to market this agreement to existing government customers. As contracts are nearing the term date vvewill approach the customer with opportunities inworking with uTCPN provider for continued services. We will be monitoring)uuu\ city and state websites for contracts that will soon be requesting bids for services and notify them that we are a TCPN supplier. For those government agencies that are not currently using TCPN we wil I offer these services and associated pricing. 22. Provide G detailed 90-day plan describing how the contract will be implemented within your firm. 30 Days: 0 Notify the Sales Associates Local, District and Regional ofthe Award. 60 Days: • Hold uTKB internal kick off conference md|/Webbnur • Supply all necessary resources(Membership Roster,New Contract, pduiog Matrix etc.) • Train TK6employees onprocedure 90 Days: • Schedule uTKCconference call with all branch Sales Managers to get an update onthe progress mfthis program. • Regional 8u)mm meeting to discuss process and continued implementation 23. Describe how you intend on train your national sales force on the Region 4 ESC agreement. Thirty days after the first notification of award, region and district sales managers will have a meeting regarding setup of the TCPN agreement. National Accounts will also provide a "TCPN Package"to all of our Local, District and Regional Sales Employees.This package will include instructions onthe program including; new contract, pricing matrix, the current membership roster and abilling setup letter including the names and phone numbers for Jeff]audesand Jamie Blackman ifthey were tohave any additional questions. 24. Acknowledge that your organization agrees to provide its company logo(s) to Region 4 ESC and agrees to provide permission for reproduction of such |mgg in marketing communications and promotions. Yes 25. Provide the revenue that your organization anticipates each year for the first three (3) years ofthis agreement. $4Million inyear one $4.2Million inyear two $S k8i||imn in year three 45-Aof103 Page 358 Of 1106 Administration 26. Describe your company's implementation and success with existing cooperative purchasing programs, if any, and provide the cooperative's name(s), contact person(s) and contact information as reference(s) ThyssenKrupp Elevator does business with multiple cooperative purchasing companies such as,NJPA, Novation, Premier, MedAssets and Healthtrust.There are over 40,000 units attached to these cooperative organizations nizations both government and commercial that'l"hyssen Krupp maintains. As a point of corporate policy we are unable to supply you any contact or contract information for these customers. 27. Describe the capacity of your company to report monthly sales through this agreement. ThyssenKrupp has been reporting monthly sales for the last 10 years for TCPN. We have a dedicated person for TCPN requirements. Deborah Heard in our National Accounts Accounting department has already established a relationship with TCPN and is educated in all the requirements needed for your monthly report. 28. Describe the capacity of your company to provide management reports, i.e. consolidated billing by location, time and attendance reports, etc. for each eligible agency. ThyssenKrupp has a full team in place for management reports,time and attendance reports and has over 580,000 customers they maintain consolidated billing for. We are prepared for any reporting or billing requests TCPN members may have. 45-B of 162 Page 359 of 1106 29. Please provide any suggested improvements and alternatives for doing business with your company that will make this arrangement more cost effective for your company and Participating Public Agencies. ThyssenKrupp recommends a Capital Planner be provided to TCPN members. The Capital Planner is a guideline to help you plan for the near future and improvements that will drastically affect your elevator's performance, reliability, energy contributions, and operating costs of the equipment. What is our Capital Planner Process? •Initial client interview to determine specific needs&timelines •Nationally coordinated in-depth surveys of entire portfolio •Consolidated recommendations are prepared and presented •Work with client to determine short& long term prioritization •Review on a quarterly or annual basis A Capital Planner focuses primarily on upgrades directly related to: •Safety Items •Code Requirements •Performance Levels •Obsolete Equipment/Mod •Aesthetic Enhancements Green Initiatives We are committed to helping to build a cleaner future! As our business grows, we want to make sure we minimize our impact on the Earth's climate. So we are taking every step we can to implement innovative and responsible environmental practices throughout Region 4 ESC to reduce our carbon footprint, reduce waste, promote energy conservation, ensure efficient computing, and much more. We would like vendors to partner with us in this enterprise. To that effort, we ask respondents to provide their companies environmental policy and/or green initiative. 30. Please provide your company's environmental policy and/or green initiative. Sustainability is embedded in the strategies, policies and business practices of ThyssenKrupp Elevator Americas.We strive to create a culture that fosters greener solutions for every aspect of our business, from daily operations to the materials we use in our products. By implementing the right actions today, we are making a better world for tomorrow. • Green Rating Systems and LEED -Our commitment to green building is companywide. We are a corporate-level member of the US Green Building Council and a Visionary Sponsor of the Living Building Challenge • Material° `ransparency We are at the forefront of the building industry— pioneering a new vision of manufacturing product transparency. • Products and Services-From elevator fluids to lighting, our products and services are designed with the environment in mind. • Corporate Citizenship-Looking out for our people and our communities is just as important to us as building premium products. Page 360 of 1106 46 of 162 Vendor Certifications (if applicable) 31. Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to licenses, registrations or certifications. M/WBE, HUB, DVBE, small and disadvantaged business certifications and other diverse business certifications, as well as manufacturer certifications for sales and service must be included if applicable. Each branch location has the local and state license and certifications required to service and install elevators,escalators, moving walks, and related equipment in their respective jurisdiction. ThyssenKrupp Elevator Corporation is large corporation, non-tax exempt and cannot be considered a small business. ***Please see attachment 1-E*** 46-A of 162 Page 361 of 1106 LM C cr a t S S r sts 5 U is s }+ 3 l;s}tlSit 'TS1 1 qtr}1 itlfllr s tJ � �i Ii N ss t s i SIJ tm d 1tt�is� t11ts tt s W t t is t t 's jit�`4}4��l�SlZltlt��4{1��}f�sSt���1",���'r 1��J{���r � !� � t \��} ❑ �t I+s{.,} m s sfSti3Y��S�If � 4tts1 �. Page 362 of 1106 pg a � 1s tCM1F I�— ri 111,16f a'a d, l� r"I .......... .. _... s fSi{ pit S sits;S ]sii{t n' i{t�if a�S»p{4 Jr Ikl t,7 .. �.."" oil LU l fu`fil {t sp s 1 , {}t'f 4,2 W {1sf'3 14 15{iyyslGt,fk l� ��,� r21 S�y�k�� ,1j�s�� _:., � } �, a �}���1Ai�� �`�• 4 J Page 363 of 1106 I-E Question#31 STATE uce"S NUMBIR LICENSE Alabama 15487 Contractor Alabarna AL569EL Elevator Contractor-Depot of Labor Alaska 27247 Contractor Alaska 285862 Business tAriaona ..... ..._ ......154569 Class K 12 Contractor Arkansas _. 0022880113 .... Contractor jCaliforroa 651.371 Contractor_ Colorado m 08-000039 .R Contractor-Conveyance ... A...._ ''..iDepawar€ .Y.,...J ,,,.L,,.ew.. .._....,. w�._._� 1989039164 .Business Florida,. ..... .__..M [Nlanai eranc4+ ELCO20 Business . _. , .- ....... .... .,....__. Florida-Brandenton Branch ELCO24 Business Florida-Fort revers Branch ELCO72 Business .. w ., ..�.. _.._.,_..�..,...�. .� Fiooda-Gain esville Branch ELCO85 Business Florida-Jacksonville Branch ELC073 Business ..._ ....... _ ._.- a_ lFlorida Orlando Branch ELCO29 Business . __. Florida Pensacola Branch ..... ELCO91 „Business e.. .. . ..... ..... -- ..-� _- _._ ..._. .w ....... �FIosoda.-Pom ..Beischeranch E1 [Business llommda Riviera Beach Branch ELC030 Business --- _...... ......... .._ _.._._,_,..,.m.m...._......._- ._ Florida-Tallahassee Branch ELCO31 Business i Ittrrtl a Wr3rtm Branch ELC032 Business .,�. - ....,,.,.. __.."—.....................m...m_� Eietrida-Vero Beach ELCO27 Business GeorgiaL-012 Certificate of Authorization ......... ., �. .. 1i4rvYwxli C-16767 Contractor Idaho PWC-C-10975-AAA-4 Contractor-Pullc Works - llltueas 11.02896 Contractor Louisiana 7475 :Contractor Maryiand2930034 Business _ Minnesota CE000106 Contractor ississlµPl 01164 SC Contractor '.Pvtontana fl1147 Contractor N da0005184A (`ormtrattnn ._..�...�.,-.. _.,.m.. .,......_,,,. Nevada _.._,...-_ _ ., � NV19841018200 Business ........ Nevada SBPC-1 -2&0159 Public Works - . - - _ - . New Jersey 665184 Contractor .New Mexico 31119 Contractor New Mex o 018 2011609 Public Works _...... North Dakota 29454 Class AContractor Carron 142459 Contrattor Cennesser. —001306S97 Contractor Texas 20009 Contractor Utah 227231-5501 .Contractor Virginia 2701002487 Contractor ..._ ......_......_. ... w �..�...._.,..,..._. ..�.. Washington t Kirklandl-Elevator Contractor THYSSEC9900T Contractor Elevator Washington lbetlewueI Elevator Contractor THYSSEC965AM1 Contractor Elevator ....,....,. .. ...,.. .. ...._ _...._.. .... 47aslrington(l or larrdl Consle rrtion Contractor THYSSEC9616M Contractor Construction ... ......�_ -., ,.A_ , _..-...._...-..—....�...�.. .. .. — VdashrnTtommtl'artlandl EleyatorContraclor THYSSEC968QB Contractor Elevator ..,,.,.:.�,........a ...,..... . .,, ... _ Wash+rttonlSsrukaetm.3 .Construction Contractor THYSSEC9650M Contractor Construction 6,rasb nlpttsrr tspol,,:anmrl Epevs tot Contractor THYSSS*960P2 Contractor-Elevator LVasioigtot3 IUniversity Place)-Ci'snst m u c tion Co tit i Ar tom THYSSEC9610M Contractor Construction wailm ngton�timilvvtOy Place)-Elevator Contractor T14YSSUP965PZ Contractor Elevator West VirrgJnia WV 525 Contractor Wisconsin 1097729 Contractor WeiamingLM-E 4 Contractor Page 364 of 1106 AR22ndix B, PRODUCT/SERVICES SPECIFICA,TIONS The intent of this RFP is to award contracts for national elevator products and services. Region 4 ESC intends to issue a future RFP for regional elevator service. Region 4 ESC is seeking to award the least number of suppliers of these services necessary to fulfill its own needs and the needs of the TCPN membership. I. Responding to the Baggage Handling System and Passenger Loading Bridge Section and/or Escalator, or Moving Walkway portion of this RFP is not necessary, in order to be considered for this RFP. Respondents are requested to provide detailed description of your service offerings. Provide sufficient information for each service category as listed on the following classifications of service. Each service shall meet the following minimum requirements: 11. The Services s h a I I meet ASME Code A 17.1-2007/CSA 1344-07, ASME Code A 17.3-2002, ASME Code A 18.1-2005, and ASCE Code 21 as required by the Texas Department of Licensing and Regulation or equivalent for the state(s) of respondent(s)' territory and any additional relevant codes and regulations. III. Section 8.6 of the ASME Code A17.1 specifically addresses the requirements for a comprehensive maintenance program. Respondent shall ensure that the Facility is in compliance with these requirements and any additional relevant codes and regulations. IV. Every time a technician is on-site a check in with Approved Facilities Personnel shall be done. When work is completed and the technician is leaving, they will check back out with Approved Facilities Personnel. The technician shall fill out the Elevator Maintenance Checklist to document the services provided. V. Describe and provide timelines of review meeting(s) between Responder(s) and Approved Facilities representatives. VI. Provide and deliver all inspection reports in compliance with State law to Approved Facilities representatives to ensure Facilities compliance with this requirement, VII. In general all elevator components shall be cleaned, lubricated, adjusted, and items worn or broken shall be repaired or replaced. Any replacement shall be at no additional charge to the Facility unless it has been approved in advance by the facility. VIII. Respondent(s) shall be responsible for applicable code and safety tests. Records of the tests and callbacks shall be kept current by the responsible party. IX. Respondent(s) should be compliant with environmental regulations, and firefighter's emergency operations monthly operation, including documentation. General Maintenance Contracts • A written maintenance control plan • Use of trained personnel • Disposal of hazardous materials • How the maintenance plan is executed • Include a quality control program Elevator Maintenance Services • Annual governor and safety tests on traction elevators • Annual relief pressure tests on hydraulic elevators • General Monthly or Quarterly Services 27 of 162 Page 365 of 1106 • Onsite inspections • Data tags and code information • List Exclusions (e.g.; Cab enclosure finishes, repairs, or replacement, Damage to hoistway door panels, door frames, and door sills, floor coverings inside the elevator cabs, Smoke and fire sensors, Air conditioning units, Buried or underground piping of any type or kind including, but not limited to, underground oil/feed line(s), hydraulic cylinders, pistons, and PVC or other cylinder lining(s) and others) Controller Equipment Monthly or Quarterly Services • Maintenance and service of components • Onsite inspections of other incidental electronic or mechanical components and wiring • Onsite inspections of filters and cooling fans • Onsite inspections controller doors, covers, guards, and labels • Verify proper grounding with electric meter; • Recording unit run counter, if applicable, and your reporting function • List Exclusions (e.g.; Cab enclosure finishes, repairs, or replacement, Damage to hoistway door panels, door frames, and door sills, floor coverings inside the elevator cabs, Smoke and fire sensors, Air conditioning units, Buried or underground piping of any type or kind including, but not limited to, underground oil/feed line(s), hydraulic cylinders, pistons, and PVC or other cylinder lining(s) and others) Pump Unit and Motor Monthly or Quarterly Services • Maintain and service of components (e.g.; power unit, pump motor, valves, pump, belt and others) • Onsite inspections of other incidental electronic or mechanical components and wiring • Monitoring oil levels • Cleaning of components • Your reporting capabilities and reporting timelines (e.g.; weekly, monthly, quarterly or other) • List Exclusions (e.g.; Cab enclosure finishes, repairs, or replacement, Damage to hoistway door panels, door frames, and door sills, floor coverings inside the elevator cabs, Smoke and fire sensors, Air conditioning units, Buried or underground piping of any type or kind including, but not limited to, underground oil/feed line(s), hydraulic cylinders, pistons, and PVC or other cylinder lining(s) and others) Elevator Cab and Hoistway Door Equipment Monitor Quarterly Services • Maintain and service the following components (e.g.; door motors, Electronic boards, contacts, rollers, pick-ups and relating devices, bearings, sheaves, door arms, bushings, wiring and related electronic components, door restrictors and others) • Verify speed and torque levels of door operation as required by Category 1 periodic test • Verify proper grounding with electrical meter • Check hoistway door gibes and vision panels • Test and confirm door locks, verify an open lock would prevent movement as required by code • List Exclusions (e.g.; Cab enclosure finishes, repairs, or replacement, Damage to hoistway door panels, door frames, and door sills, floor coverings inside the elevator cabs, Smoke and fire sensors, Air conditioning units, Buried or underground piping of any type or kind including, but not limited to, underground oil/feed line(s), hydraulic cylinders, pistons, and 28 of 162 Page 366 of 1106 PVC or other cylinder lining(s) and others) Elevator Cab Monthly or(quarterly Services • Maintain and service components (e.g.; car top service and operation controls, check/repair alarm bells and wiring, pushbuttons, pushbutton lamps, digital and/or incandescent position indicators and lamps) • All switches (keyed, push/pull, or toggled) • Electrical outlets or other operational device directly related to the operation of the elevator • Check, monitor and replace fan if necessary • Test emergency lights and replace batteries and lights if necessary • Fire Services Per ASME 17.1 8.6.11.1 (e.g.; All elevators provided with firefighter's emergency operation shall be subjected monthly to Phase I recall by use of the key switch, and a minimum of one-floor operation on Phase Il. Findings shall be recorded and deficiencies corrected) • List Exclusions (e.g.; Cab enclosure finishes, repairs, or replacement, Damage to hoistway door panels, door frames, and door sills, floor coverings inside the elevator cabs, Smoke and fire sensors, Air conditioning units, Buried or underground piping of any type or kind including, but not limited to, underground oil/feed line(s), hydraulic cylinders, pistons, and PVC or other cylinder lining(s) and others) Hoistway and Pit Monthly or Quarterly Services • Maintain and service components (e.g.; Limit switches, Leveling systems, electronic or mechanical, buffer assembly—also check for leaks, buffer switches, Hoistway wiring, piping, and related devices, Governor, governor sheave, shaft assembly, bearings, contacts and governor jaws and others) • Examine compensation chain rope, guides or sheaves and adjust to provide proper clearance and tracking; • Examine governor sheave and switch and adjust as required • Examine selector tape sheave and switch and adjust as required • Examine and check coated steel belt, shackles, sheaves and associated hardware • Check for damage to polyurethane or exposed wires • Check for unusual noise, heat, vibration or wear patterns • Clean excessive debris or fluid off coated steel belts • Examine counterweight and compensation ropes, chains and fastenings • Check counterweight frames, guides, and sheaves • Adjust counterweight roller guides for proper tension and rail clearance • Replace worn guide components as needed • Lubricate counterweight safety linkage pivot points as needed • Hoistway entrance door sill areas beyond the entrance frame opening will be cleaned • List Exclusions (e.g.; Cab enclosure finishes, repairs, or replacement, Damage to hoistway door panels, door frames, and door sills, floor coverings inside the elevator cabs, Smoke and fire sensors, Air conditioning units, Buried or underground piping of any type or kind including, but not limited to, underground oil/feed line(s), hydraulic cylinders, pistons, and PVC or other cylinder lining(s) and others) 29 of 162 Page 367 of 1106 PRODUCT: Respondent shall indicate, in this section, the following: Which manufacturers, by make and model, they are able to repair, service, or replace. List these here: I. ELEVATOR Please provide a summary briefing of your product/service offerings and business philosophy. Please name the brands you service as well as any exclusions you have. ThyssenKrupp Elevator is customer focused on the needs of our clients and strive to develop a long time partnership. Here at ThyssenKrupp Elevator we say, "We Engineer Confidence." We take this statement seriously. It means our 13,500 highly trained experts work each day to build, install, maintain,and modernize elevators,escalators,and inoving ,,walks safely. As the largest producer of elevators in the Americas with over 200 locations,you can be confident that we have the size and resources to support you, whenever and wherever you need us. Our technicians are on the road day and night, never far away from your equipment. Products and Service are offered in many different ways at ThyssenKrupp Elevator. We have technicians in the field trained for maintenance,modernization,testing and new installation of all types of vertical transportation including elevators, escalators, material lifts and moving walks. Please see Appendix B-1 for a list of equipment that is not supported by ThyssenKrupp Elevator. Ill. AIRPORT BRIDGE MAINTENANCE AND BAGGAGE HANDLING SYSTEMS NOTE: It is not necessary to respond to the Elevator, Escalator, or Moving Walkway portion of this RFP to submit a response to this section This contract also includes an alternative for preventative and complete maintenance service and repairs of equipment of mechanical systems of Airport Bridges (known as Passenger Loading Systems or Bridges) and Airport Baggage handling systems. The Responder(s) shall provide: • All management, supervision, labor, materials, supplies, and repair parts, tools, and equipment • Plan, schedule, coordinate and ensure effective and economical completion of all work and services specified in this contract. • These specifications are a statement of the minimum level of work and services that are to be provided under this contract. • They are not intended to be, nor shall they be construed as, limiting specifications and measures which would be taken by a prudent building owner to maximize the life expectancy of the property. • All mechanical, electrical, and utility systems in the building shall be operated at the highest level of efficiency compatible with any energy conservation requirements, and maintained at an acceptable level throughout the contract period. An acceptable level of maintenance is defined as the level of maintenance, which will preserve the equipment(s)' operating condition. This means keeping the equipment above the point where deterioration will begin, thereby diminishing the normal life expectancy of the equipment. • Perform maintenance and repairs in the manner, which preserves the equipment and machinery and assures it's most economical and efficient usefulness for an indefinite period. 30 of 162 Page 368 of 1106 • The contract is designed to cover the complete Baggage Handling System and Passenger Loading Bridge Maintenance effort in a manner to ensure beneficial and continued Airport operations. • All work required for the proposed maintenance by this contract is intended to be within the scope of work except as may be otherwise specified. Facilities, Equipment and systems to be operated, maintained and/or services to be performed under the Contract include but are not limited to: The Passenger Loading Bridges • Associated ground power units • Potable water systems • Preconditioned air units. The Complete Baggage Handling System • Inbound and outbound Baggage conveyers, carousels, and associated equipment. • Baggage Security Doors„ Passenger Loading Bridges, Generators-400HZ System, Jet Power Systems, Potable Water, Lighting, Cable Retrievers • Ramp scrubbing option • Special projects related to the maintenance, repair, or upgrade to these systems • New equipment may be added to standardize with existing systems (It is the intent to take corrective action as needed to ensure that the equipment and related systems covered in this contract are safe, in operation and do not disrupt Airport Operations). • immediate emergency response service arising from unforeseen circumstances or conditions • Personnel to operate a Service Call Desk twenty-four (24) hours a day, seven (7) days a week. • Propose three options of maintaining these systems and what each one includes Describe how your company will perform all duties within this contract so that it will not cause interference or Airport Operations. 31 of 162 Page 369 of 1106 Equipment Manufacturer and model not supported by ThyssenKrupp Elevator. Note;The Majority of these units are no longer manufactured and have been replaced in a modernization program, Appendix B-1 GatOke,eper,M(r,NarOe Fujitec Hitachi Hyundal Mitsubishi Mfr FLA)It ex Hitachi Hyundai Mitsubishi MIllermium Traction CX Escalator Hyundai Escalator 2C-2BC Millennium Hydraulic V Escalator AC-E4LP Viridian Diamond Trac MRL Generic Relay Escalator Elenessa MRL(VFGL) PLC Escalator GPH/lDH Hydraulic Royal SuperDyne GPIVI-M Solid State Hydraulic Series Z Escalator Talon MRL Spiral Escalator Belta VFDL/CPS-] Other VFDLA/GPS-11 VFE H VF EL I GAS-ill VFGH VFGL/GPSAV Page 370 of 1106 ApR2ndix VALUE ADD Please include any additional products and/or services not included in the scope of the solicitation that you think will enhance and/or add value to this contract for participating agencies. Suggested information relevant for purposes of evaluating responses to this RFP include but are not limited to: Executive Summary • Describe the product and/or service in an outline format • Describe the value to participating agencies • Describe the value to TCPN • Describe how your company would market this product and/or service through this contract • Provide an anticipated size of the market for this product and/or service in the public arena Detail Description • Where is the product manufactured? • Any certifications provided? • Where is the service performed? • Who performs the service and what is their expertise? • Is this a proprietary product and, if not, who is your competition? This is not a prpriotary product and similar products • Provide references • Provide case studies • Provide any pricing that is different than the pricing in Appendix C in this solicitation. Pricing is dependent on location and will have to be surveyed by location. Any Additional Information Relevant to the Additional Products and/or Services Offered in the RFP Response 47 of 162 Page 371 of 1106 Value Add #1 — New Installation Summary: o Pricing control and quality equipment. o Additional admin fees. o All members will be notified of product availability. Detail Description: o Products are manufactured in Middleton, TN Facility. o Units are certified by the local authority after installation. o Installations are at the local customer site. o Installations are performed by TKE employees, trained and certified by the IUEC. o These products are not proprietary, competition is all major providers. Additional Information and Samples: o New Installation Agreement Sample o New Installation Proposal Sample o Battery Lowering Kit— Exhibit 1 o Car Doors— Exhibit 2 o SmartTech II — Exhibit 3 o Endura MRL Brochure— Exhibit 4 (New Install Only) o Fire Service — Exhibit 5 o HD-LM Door Operator— Exhibit 6 o HLR 3 — Exhibit 7 o Microlight— Exhibit 8 o Car Top Rail Kit— Exhibit 9 o Power Units— Exhibit 10 o TAC 22 — Exhibit 11 o TAC 50 — Exhibit 12 Page 372 of 1106 Elevator Installation Agreement (Sample) SUBMITTED TO: [Customer Name] (Street) [City,State ZIP] (Hereinafter Pure set) BY: ThyssenKrupp Elevator [Street] [City, State ZIP] [Phone] ThyssenKrupp Elevator is pleased to provide the following agreement for the elevator installation at: LOCATION: [Building Name] [Street] [City, State ZIP] DATE: [Date] ThyssenKrupp Elevator Americas Page 373 of 1106 DESCRIPTION OF EQUIPMENT TYPE OF EQUIPMENT: One(1)ThyssenKrupp AMEE 21 Twinpost Telescopic Hydraulic Elevators CONTROL: TAC 20-03 CAPACITY: 2100 lbs, SPEED: 80 FPM UP OPERATION: Simplex Selective Collective TRAVEL: 16'-0" net travel POWER SUPPLY: 460 V 3Ph 60Hz MACHINE LOCATION: Approximately 20' remote OPENINGS: Two(2) in line HOISTWAY FRAMES&DOORS: 3'-0" x 7'-0" Side-opening doors and frames finished in baked enamel with aluminum sills and Microlight infrared door protection system. CAR ENCLOSURE: Standard ThyssenKrupp TKS cab interior with the following features: 1. Steel shell cab walls finished in baked enamel. 2. Standard fluorescent lighting above translucent panels and a baked enamel frame. 3. Baked enamel car door. 4. Brushed stainless steel fronts with aluminum sill. 5. 11/2" cylindrical stainless steel handrail along rear wall. 6. Flooring by others. (see Job Clarifications below) SIGNALS: Traditional fixtures consisting of illuminating car and hall pushbuttons, emergency light, and car position indicator. Hall lanterns are located at each landing. SPECIAL FEATURES: Handicap features to meet current ANSI &ADA code requirements including: 1. ADA-compliant emergency telephone device. 2. Pit ladder 3. Solid state starting 4. Phase I and II Fire Service operation, per ANSI A17.1 (2004) 5. "In the event of fire..." emergency signage on all hall stations. 6. Fireman's phone jack at each car station. 7. Elevator equipment designed for Seismic Zone 2. 8. Independent service operation. 9. Hoistway access at top and bottom landing. 10. Hydro Safe biodegradable hydraulic oil. MINIMUM HOISTWAY SIZE: 7'-4" wide x 5'-9" deep, with a 4'-0" pit depth, and 12'-8" overhead SCOPE This Agreement is intended to cover the complete furnishing and installation of: Elevator Installation Agreement • ThyssenKrupp Elevator Americas P9d@e9?A18f 1106 Except as specified under"Work not included."All work shall be performed in a workmanlike manner and shall include all work and material as set forth in the drawings and as specified herein. In all cases where a component part of the equipment is herein referred to in the singular, it is intended that such reference shall apply to as many such components as are required to complete the installation. All work shall be performed in accordance with the latest revised edition(as of the date of this proposal) of the United States of America Standard Safety Code for Elevators, Escalators and Dumbwaiters, the National Electrical Code, and/or such State and Local Codes as may be applicable. Subsequent to the date of this Agreement, should changes be made in any code, or should rulings by any code enforcement authority extend the application of the code, the work and materials necessary to bring the installation into compliance with such changes shall be in addition to the contract price. ALTERNATES: [No alternates exist] CLARIFICATIONS: APPROXIMATE LEAD TIMES Be advised of the following approximate lead-times associated with this project: Preparation of layout drawings upon receipt of subcontract and plans:(Additional Time X weeks Required for Cab, Signal, Entrance lfApplicab/eJ Approval of layout drawings by purchaser Varies Fabrication time from receipt of all approvals, fully executed contract, material release form and X weeks payment of pre-production invoices: Delivery of Equipment to distribution center or jobsite: X weeks .................................. Installation of elevator system: (After receipt ofp/umb, dry hoist way, dried/n machine room, 3 X weeks phase power and verification of all preparatory work by others) Adjustment&Inspection(where applicable)from completion of ThyssenKrupp Elevator X weeks inspection checklist PRICE AND TERMS OF PAYMENT ThyssenKrupp Elevator proposes to furnish and install the equipment specified in this proposal for the net sum of ($ ), payable as follows: This proposal is based on the following payment terms: Fifty percent(50%) of the contract price will be due and payable within 30 days from the receipt of the subcontract agreement. This initial progress payment will be applied to project management, permits, engineering and shop drawings, submittals, drilling mobilization (if required) and raw material procurement. Material will be ordered once this payment is received and subcontract is fully ratified. Thirty Five percent (35%) shall be due and payable when the material has been received at the ThyssenKrupp Elevator warehouse. Receipt of payment is required prior to mobilization of labor. Fifteen percent(15%) shall be due and payable monthly as labor is performed. Final payment, including five percent (5%) retention and all change orders shall be paid prior to turnover of the equipment. Purchaser acknowledges that the contract price is based upon labor and material prices projected to be in effect when the Purchaser has scheduled ThyssenKrupp Elevator to install the equipment as of the time of contracting. In the event the schedule changes or construction delays postpone installation and/or adjustment of the elevator for more than 45 (forty-five) days later than originally scheduled, the contract price shall be increased by the amount of any actual increase in ThyssenKrupp Elevator's material and/or labor costs resulting from the schedule change or delay. Changes in schedule must be agreed upon in writing by both parties prior to becoming effective. Elevator Installation Agreement • ThyssenKrupp Elevator Americas P9dF1_A'f 1106 In the event of any default or breach by Purchaser of any provision of this Agreement, the unpaid balance of the purchase price, less the cost of completing the work as estimated by ThyssenKrupp Elevator, shall immediately become payable irrespective of the acceptance by ThyssenKrupp Elevator of notes from Purchaser or extension of time for payment. If there is more than one (1) unit in this contract, final payment shall be made separately as each unit is completed or turned over to Purchaser. ThyssenKrupp Elevator reserves the right to discontinue its work at any time until payments have been made by Purchaser as agreed upon, and satisfactory assurances are made by Purchaser that subsequent payments will be made as they become due. Non-payment by the Purchaser of any monies due and owing under this Agreement shall result in the accrual of interest on the delinquent monies at the maximum rate allowable by law in the state of acceptance. ThyssenKrupp Elevator shall be provided with uninterrupted access to the elevator hoist way and machine room areas to perform work between regular IUEC working hours of regular working days, Monday thru Friday, statutory holidays excluded. In the event that overtime, additional work outside of the scope of this agreement, or expedited work is required, it will be performed at the following rates and only after receipt of an executed Change Order: SCOPE OF WORK HOURLY RATE Expedited installation hourly OT rate (up to 100 team hours): Hourly team rate for out-of-scope work during normal hours: Hourly team rate for out-of-scope work during normal hours: Hourly mechanic rate for out-of-scope work during normal hours: Hourly mechanic rate for out-of-scope work during OT hours: Team=One(1)mechanic and one(1)apprentice Note:Rates are subject to change after December 31st,2012 HOLE FOR JACK UNIT When required, the excavation of the elevator cylinder well hole will be based on drilling through soil free from rock, sand, water, building construction members and obstructions. Should obstructions be encountered, ThyssenKrupp Elevator will proceed only after written authorization has been received from the Purchaser. The contract price shall be increased by the amount of additional labor at ThyssenKrupp Elevator 's standard hourly rates, and the actual cost of any additional material plus 15%. A 32"x32" block-out, or as the block-out indicated on ThyssenKrupp Elevator layouts, in the pit floor shall be provided by the Purchaser. Adequate ingress and egress, including ramping, shall be provided for a truck-mounted drill rig. Removal of all dirt and debris from each hole location shall be by others. Only ThyssenKrupp Elevator standard HDPE or PVC protection system with bottomless corrugated steel casing will be provided for "in-ground" hydraulic jack assemblies. Any required trenching and backfilling for underground piping or casings, and conduit as well as any compaction, grouting, and waterproofing of block-out shall be work by others. Methane barriers or coordination/access are not included and are to be engineered and installed by others. Access shall be provided at no cost to 2" pressurized water supply within 100'-0" of the jack hole location. Layout is to be by others when excavation of jack hole is from grade. An OSHA compliant steel safety beam with a minimum 5,000 pound capacity must be furnished and installed by others 2" below the overhead roof deck as shown on the ThyssenKrupp Elevator shop drawings prior to elevator installation. Purchaser agrees to provide a 4' x 4' opening in the elevator hoistway overhead as required by ThyssenKrupp Elevator. MAINTENANCE SERVICE ThyssenKrupp Elevator shall furnish maintenance service for the period of twelve (12) months on each elevator after the installation is completed and the elevator has been placed into operation. Maintenance includes call-backs during normal hours of regular working days(8:00am-4:30pm, M-F). Any overtime callbacks will be billed to the customer at ThyssenKrupp Elevator standard overtime service rates. Regular maintenance Service shall consist of periodically examining, lubricating, Elevator Installation Agreement•ThyssenKrupp Elevator Americas P3696?618f 1106 adjusting and cleaning the elevator(s), and, in the sole opinion, if conditions warrant, repairing or replacing elevator components not excluded under this Agreement. TEMPORARY SERVICE There are no provisions for "temporary use" of the elevator(s) prior to completion and acceptance of the complete installation. Should Purchaser require use of any elevator(s) prior to completion and final acceptance, the Purchaser agrees to sign ThyssenKrupp Elevator's Construction Use Only Agreement, and be bound by the terms and conditions thereof. A copy of this Agreement will be furnished upon written request. Cost for temporary use of an elevator shall be $100per calendar day per hydraulic elevator and $200 per calendar day for each traction elevator for rental use only, excluding personnel to operate. All labor and parts, including callbacks required during the rental use period will be billed at local billing rates. In the event that an elevator must be provided for temporary use, ThyssenKrupp Elevator will require 30 days to perform final adjustments and re- inspection after the elevator has been returned to ThyssenKrupp Elevator with all protection, intercoms and temporary signage removed. This duration does not include any provisions for finish installation or for repairs of same, which shall be addressed on a project-by-project basis. Cost for preparation of controls for temporary use, refurbishment due to normal wear and tear, readjustment and re-inspection will be determined on a project by project basis. These costs are based on work performed during normal working hours. Temporary use excludes improper vandalism or misuse. Any required signage, communication devices, elevator operators, and protection are not included. All overtime premiums for repairs during the temporary use period will be billed at our local service billing rates. ACCEPTANCE OF INSTALLATION Upon notice from ThyssenKrupp Elevator that the installation of the elevator has been completed, Purchaser will arrange to have present at the installation site a person duly authorized to make the final inspection and to provide/execute a written final I cceptance. The date and time that such person will be present at the site shall be as mutually agreed upon, but shall not be more than ten (10) business days after the date of ThyssenKrupp Elevator's notice of completion to Purchaser, unless both parties agree to a certain date thereafter. Such Final Inspection and Certificate of Acceptance shall not be unreasonably delayed or withheld. In the event the elevator fails inspection due to no fault of ThyssenKrupp Elevator, Purchaser agrees to reimburse ThyssenKrupp Elevator for any costs associated with additional inspections. We have included provisions for one elevator inspection. In the event that the elevator fails inspection due to work of other trades, ThyssenKrupp Elevator will be compensated by change order prior to scheduling a re-inspection. The cost of each re-inspection shall be $1500 plus a remobilization fee of$2500. STORAGE The Purchaser agrees to provide suitable tractor trailer access and roll-able access from the unloading area to the elevator or escalator hoistways / well ways. The Purchaser agrees to provide a dry and secure area adjacent to the hoist way(s) at the ground level for storage of the elevator equipment and tools within ten (10) business days from receipt at the local ThyssenKrupp Elevator warehouse. Any warranties provided by ThyssenKrupp Elevator for elevator equipment will become null and void if equipment is stored in any manner other than a dry, enclosed building structure. Any relocation of the equipment as directed by the Purchaser after initial delivery will be at the customer's expense. Purchaser will be required to sign off on the Material Release Form which will indicate the requested delivery date of equipment to the site. If Purchaser is not ready to accept delivery of the equipment within ten (10) business days of the agreed upon date, Purchaser will immediately make payments due for equipment and designate some local point where Purchaser will accept delivery. If Purchaser fails to make a location available, ThyssenKrupp Elevator is authorized to warehouse the equipment at the ThyssenKrupp Elevator warehouse at Purchaser's risk and expense. Purchaser shall reimburse ThyssenKrupp Elevator for all costs due to extra handling and warehousing. Storage beyond ten (10) business days will be assessed at a rate of$300 per week for each elevator, which covers storage and insurance of the elevator equipment and is payable prior to delivery. DRAWINGS ThyssenKrupp Elevator standard shop drawings, submittal package, standard owner's manuals and prints will be provided. Deferred approvals, not limited to DSA and OSHPD, are not included. Stamped calculations or details (by professional engineer) are not included. Elevator Installation Agreement •ThyssenKrupp Elevator Americas PSdg1_r18f 1106 PAINTING All exposed metal work furnished by ThyssenKrupp Elevator, except as otherwise specified in writing, shall be properly painted after installation by ThyssenKrupp Elevator. PERMITS, TAXES, AND LICENSES All applicable sales and use taxes, permit fees and licenses imposed upon ThyssenKrupp Elevator as of the date of this proposal are included in the contract price. Purchaser agrees to pay, as an addition to the contract price, the amount of any additional taxes, fees, or other charges exacted from the Purchaser or the ThyssenKrupp Elevator by any law enacted after the date of this proposal. This proposal is made without regard to compliance with any special purchasing and/or manufacturing requirements including, but not limited to, Buy American, Buy America, U.S. Steel, Far Clauses, MBE, WBE, supplier requirements or any similar state or government procurements laws. Should any such requirements be applicable to this project, ThyssenKrupp Elevator reserves the right to modify and/or withdraw this proposal. ACCEPTANCE OF PROPOSAL Purchaser's acceptance of this Agreement and its approval by an executive officer of ThyssenKrupp Elevator will constitute exclusively and entirely the Agreement. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Agreement will be recognized unless made in writing and properly executed by both parties. Should Purchaser's acceptance be in the form of a purchase order or other similar document, the provisions of this Agreement will govern in the event of a conflict. This proposal is hereby accepted in its entirety, and shall constitute the entire Agreement as contemplated by the Purchaser and ThyssenKrupp Elevator. TITLE AND OWNERSHIP ThyssenKrupp Elevator retains title to all equipment it supplies under this Agreement and a security interest therein, (which, it is agreed, can be removed without material injury to the real property) until all payments under the terms of this Agreement, including deferred payments and any extensions thereof, are made. In the event of any default by Purchaser on any payment, or any other provision of this Agreement, ThyssenKrupp Elevator may take immediate possession of the equipment and enter upon the premises where it is located (without legal process) and remove such equipment or portions thereof, irrespective of the manner of its attachment to the real estate or the sale, mortgage, or lease of the real estate. Pursuant to the Uniform Commercial Code, and at ThyssenKrupp Elevator's request, Purchaser agrees to execute any financial or continuation statements which may be necessary for ThyssenKrupp Elevator to file in public offices in order to perfect ThyssenKrupp Elevator's security interest in such equipment. WARRANTY ThyssenKrupp Elevator warrants the equipment installed pursuant to this Agreement against defects in materials and workmanship for a period of one year from the date of Final Acceptance. However, the warranty is contingent on the equipment being installed at the times proposed in this proposal. In the event that the job is delayed for a period greater than six months, the warranty shall be reduced by the amount of the delay. This warranty is in lieu of any other liability for defects. ThyssenKrupp Elevator makes no warranty of merchantability and no other warranties which extend beyond the description in this Agreement including any other warranties existing by operation of law. Like any piece of mechanical machinery, this equipment should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to supplant such normal maintenance service and shall not be construed to mean that ThyssenKrupp Elevator will provide free service for periodic examination, lubrication, or adjustment due to normal use beyond that included in this Agreement; nor will ThyssenKrupp Elevator correct, without charge, breakage, maladjustments, or other trouble arising from abuse, misuse, improper or inadequate maintenance, or any other causes beyond its control. In the event of a warranty claim, Purchaser must give ThyssenKrupp Elevator prompt written notice, and provided all payments due under the terms of this Agreement have been made in full, ThyssenKrupp Elevator shall, at its own expense, correct any proven defect by repair or replacement. Elevator Installation Agreement • ThyssenKrupp Elevator Americas P R20 1106 ThyssenKrupp Elevator will not, under this warranty, reimburse Purchaser for cost of work done by others, nor shall ThyssenKrupp Elevator be responsible for the performance of equipment to which any revisions or alterations have been made by others. Any warranty provided by ThyssenKrupp Elevator will become null and void if the elevator equipment is tampered with, maintained, worked on or adjusted by any person(s) other than authorized ThyssenKrupp Elevator company personnel. WORK NOT INCLUDED Hoistway and Machine Room....a............................................,........ .. ....,..,..,................ ......... ...,......... .... ... OSHA compliant removable barricades are to be provided by others prior to installation ThyssenKrupp Elevator will replace if removed by ThyssenKrupp Elevator. Barricades must allow clearance for installation of entrance frames and should be located no less than 24" from the exterior face of the hoistway wall. Purchaser agrees to indemnify, defend and hold ThyssenKrupp Elevator harmless for any OSHA citations received as a result of Purchaser's non-compliance with OSHA standards. ThyssenKrupp Elevator shall be provided a dry legal hoistway, properly framed and enclosed, and including a pit of proper depth provided with ladder. This is to include the pit and overhead with ladder, steel safety beam, inspection or access platforms, access doors, sump pump, lights, waterproofing, as required; dewatering of pit(s) and required screening. An OSHA compliant steel safety beam with a minimum 5,000 pound capacity must be furnished and installed by others 2" below the overhead roof deck as shown on the ThyssenKrupp Elevator shop drawings prior to elevator installation. Hoist-way shall be square and plumb within 1" from top to bottom of the total hoistway height. If hoistway is outside of this required tolerance, Purchaser shall pay extra for any additional modifications required for a proper installation. Purchaser must provide adequate backing for the elevator guide rails (as shown on the elevator shop drawings). If not, Purchaser will be subject to extra charges due to any additional work required or delay. Provide 75 bevel guards on all projections, recesses or setbacks in excess of 4" in accordance with ASME A17.1. ThyssenKrupp Elevator shall be provided a legal machine room, adequate for the elevator equipment, including floors, trap doors, gratings, foundations, lighting, ventilation sized per the ThyssenKrupp Elevator shop drawings. Machine room temperature to be maintained between 50 and 90 degrees Fahrenheit, with relative humidity less than 95% non-condensing. Maximum wall thickness for elevator door frame is 12.5". Purchaser must specify this thickness on the layout approvals. Elevator entrances shall not have exterior sun exposure. Custom "sun doors" are not provided. All grouting, fire caulking, cutting and removal of walls and floors, patching, coring, penetrations and painting (except as specified) and removal of obstructions required for elevator work are by others. Proper trenching and backfilling for any underground piping and/or conduit are by others. Any tube steel and/or rail backing, including embeds and weld plates, that may be required by ThyssenKrupp Elevator for rail bracket attachment or guide rail support is to be furnished and installed by others flush with the hoist way from pit floor to the top of the overhead to carry the loads of all equipment. Guide rails for traction elevators must attach to steel, CMU or concrete, not wood. Support the full width of the hoistway at each landing for anchoring or welding the ThyssenKrupp Elevator sill support shall be furnished and installed by others as detailed on the ThyssenKrupp Elevator layouts. Structural steel door frames with extensions to beam above if required on hoistway sides and sills for freight elevators, including finish painting these items shall be by others. Basement/adjacent traction machines shall be supported by structural foundations with embedded machine bolts as shown on ThyssenKrupp Elevator layouts. Overhead traction machines shall be supported by structural machine room floors with steel embed plates furnished and installed by others as shown on the ThyssenKrupp Elevator layouts. Beam pockets with bearing plates to support the loads of the overhead machine assembly on Synergy machine roomless applications shall be furnished and installed by others per the ThyssenKrupp Elevator layouts. Rough openings for the entrances shall be no less than what is delineated on the elevator shop drawings. Purchaser to provide adequate bracing of entrance frames to prevent distortion during wall construction. An OSHA compliant steel safety beam with a minimum 5,000 pound capacity must be furnished and installed by others 2" below the overhead roof deck as shown on the ThyssenKrupp Elevator shop drawings prior to elevator installation. Purchaser agrees to provide at no cost a crane to hoist elevator equipment as needed, including hydraulic cylinders to be placed in the ground. For a Synergy machine room-less installation, the top of the hoist way shall not be installed until after the hoist machines can be set in place with a crane. For a traditional overhead traction installation, the top of the machine room shall not be installed until after the hoist machines can be set in place with a crane. Access for this installation shall be free and clear of any obstructions. A forklift for unloading and staging material shall also be provided at no additional cost. For Synergy machine room-less applications, Purchaser shall provide TKE installation crew a work platform in the hoistway at the top landing. The platform shall be constructed to the specification provided to the Purchaser by TKE. Elevator Installation Agreement • ThyssenKrupp Elevator Americas P36?iMf 1106 Electric°al.............. ..... ......... ................... ........ ......... ....................... .............. ......... ............ .................. Suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per NEC will be supplied by others prior to installation and will have the same characteristics as permanent power. Piping & wiring to controller for mainline power, car lighting, and any other building systems that interface with the elevator controls is by others. (Per N.E.C. Articles 620-22 and 620-51) will also be provided by others. A means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room will be furnished by the electrical Purchaser if required. Any required hoistway, machine room, pit lighting and/or 110v service outlets shall be by others. Temporary 220v single phase (50 amps) within 50 feet of each hoist way shall be provided by others. The Purchaser will provide a temporary 220 VAC - 30 amps single phase terminal with disconnect for each traction elevator in the machine room(s)at the start of the job for temporary operation of work platform. Purchaser agrees to provide a bonded ground wire, properly sized, from the elevator controller(s) to the primary building ground. Conduit and wiring for remote panels to the elevator machine room(s) and between panels shall be by others. Remote panels required by local jurisdictions are not included. Sprinklers, smoke/heat detectors on each floor, machine room and hoistways, shunt trip devices (not self-resetting) and access panels as may be required are to be furnished and installed by others. Purchaser shall provide a dedicated telephone line monitored 24 hours, as well as normally open dry contacts for smoke/heat sensors which shall be terminated by others at a properly marked terminal in the elevator controller. One additional telephone line per group of elevators for diagnostic capability wired to designated controller shall be provided by others. Emergency power supply including automatic time delay transfer switch and auxiliary contacts with wiring to designated elevator controller shall be provided by others. Electrical cross connections between machine rooms for emergency power are to be provided by others. Any governmentally required safety provisions not directly involved for elevator installation shall be provided by others. ElevatorCab......................................................,.....,,....... ... .,...... .....,.,........ ........... .........,...,. .,, ........,... The cab floor shall have a 3/8" recess and 50 Ib.weight allowance for finish flooring furnished and installed by others. SHARED RESPONSIBILITIES Purchaser agrees to fully and completely defend, indemnify and hold harmless ThyssenKrupp Elevator from any and all claims and lawsuits(whether same is for personal injury, property damage or death of any person)asserted against ThyssenKrupp Elevator which allege to have a factual or legal basis in the services contemplated by this contract; regardless of whether such actions arise from the use, operation, repair, installation, or condition of the equipment which is the subject of this contract or its machine room(s), hatchway(s), or component part(s). Purchaser understands and agrees that its obligation to defend, indemnify and hold harmless exist regardless of whether it is alleged or proved that ThyssenKrupp Elevator is jointly or solely liable under theory of legal fault, including, but not limited to negligence, gross negligence, strict liability, strict product liability, breach of warranty(whether expressed or implied) or breach of contract. Purchaser recognizes its obligation under this clause includes payment of all attorney's fees, costs of court and other expenses of litigation incurred by ThyssenKrupp Elevator, together with any and all damages(including punitive damages to the extent allowed by law)awarded by court,jury or other competent authority,judgments, settlements, appeal bonds necessary to suspend judgment pending appeal, interest(pre- judgment and post-judgment) and attorney's fees awarded to an adverse party arising out of such claims or lawsuits.This indemnification obligation is the broadest allowed by law. Purchaser expressly agree to name ThyssenKrupp Elevator as an additional insured in its liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure ThyssenKrupp Elevator for those claims or losses referenced in the above paragraph. You hereby waive the right of subrogation. ThyssenKrupp Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor troubles, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any cause beyond its control, and in no event shall ThyssenKrupp Elevator be liable for any damages, nor any consequential, special or contingent Elevator Installation Agreement • ThyssenKrupp Elevator Americas P��o 1106 damages. ThyssenKrupp Elevator shall automatically receive an extension of time commensurate with any delay regarding the aforementioned. ThyssenKrupp Elevator complies with provisions of Executive Orders 11246, 11375, 11758, Section 503 of the Rehabilitation Act of 1993, Vietnam Era Veteran's Readjustment Act of 1974, 38 U.S.C. 4212 and 41 CFR Chapter 60. ThyssenKrupp Elevator supports Equal Employment Opportunity and Affirmative Actions Compliance programs. SPECIAL CONDITIONS 1. ThyssenKrupp Elevator's performance under this Agreement is contingent upon Purchaser furnishing ThyssenKrupp Elevator with any and all necessary permission or priority required under the terms and conditions of government regulations affecting the acceptance of this Agreement or the manufacture, delivery or installation of the equipment. 2. It is agreed that ThyssenKrupp Elevator's personnel shall be given a safe place in which to work and ThyssenKrupp Elevator reserves the right to discontinue work in the building whenever, in our sole opinion, this provision is being violated. 3. All work is to be performed during ThyssenKrupp Elevator's regular working hours/regular working days unless otherwise specified and agreed to in writing by both ThyssenKrupp Elevator and Purchaser. 4. Certificate of Workers' Compensation, Bodily Injury and Property Damage Liability Insurance coverage shall be furnished to Purchaser upon request. 5. Should loss of or damage to our material, tools or work occur at the installation site, Purchaser shall compensate ThyssenKrupp Elevator for such loss, unless such loss or damage results from ThyssenKrupp Elevator's own acts or omissions. 6. If ThyssenKrupp Elevator submits any drawings, illustrations or descriptive matter with this proposal, they are approximate and are submitted only to show the general style and arrangement of equipment being offered. 7. In the event ThyssenKrupp Elevator engages a third party to enforce and collect payment due hereunder, either with or without suit, Purchaser agrees to pay all costs thereof together with reasonable attorney's fees. Purchaser does hereby waive trial by jury and does hereby consent to the venue of any proceeding or lawsuit under this Agreement to be in the county where the work covered by this Agreement is located. 8. Project schedule shall be mutually agreed upon by both parties in writing before becoming effective. 9. ThyssenKrupp Elevator's participation in controlled insurance programs is expressly conditioned upon review and approval of all controlled insurance program information and documentation prior to enrollment. Any insurance credits, if applicable, will be provided at that time. 10. In no event shall ThyssenKrupp Elevator be responsible for liquidated, consequential, indirect, incidental, exemplary, and special damages. 11. Dumpsters shall be provided by others at no cost to ThyssenKrupp Elevator for removal of elevator packaging material. Should dumpsters not be provided, disposal of packaging materials shall be by others. Composite cleanup participation is not included. 12. It is agreed that in the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite, you will monitor our work place and prior to and during our manning of the job, you will certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400 In the event our employees or those of our subcontractors are exposed to an asbestos hazard, PCP's, lead or other hazardous substances, you agree to indemnify, defend, and hold us harmless from all damages, claims, suits, expenses, and payments resulting from such exposure. Identification, notification, removal and disposal of asbestos containing material, PCP's lead or other hazardous substances are the responsibility of the Purchaser. 13. On-site parking will be provided at no additional cost. 14. Purchaser agrees to accept a live demonstration of equipment's owner-controlled features by ThyssenKrupp Elevator in lieu of any maintenance training required in the bid specifications. 15. Purchaser agrees to accept ThyssenKrupp Elevator's standard owner's manual in lieu of any maintenance, or any other, manual(s) required in the bid specifications. The rights of ThyssenKrupp Elevator under this Agreement shall be cumulative and the failure on the part of the ThyssenKrupp Elevator to exercise any rights hereunder shall not operate to forfeit or waive any of said rights. Any extension, indulgence or change by ThyssenKrupp Elevator in the method, mode or manner or payment or any of its other rights shall not be construed as a waiver of any of its rights under this Agreement. Elevator Installation Agreement • ThyssenKrupp Elevator AmericasP�g� 1106 ACCEPTED: [Purchasing Company Name] ThyssenKrupp Elevator Corporation [Street Address] By: [City, ST ZIP] (Signature of Authorized Individual) By: -- (Signature of TKE Representative) (Printed or Typed Name) [Name of ThyssenKrupp Elevator Rep] Title: Date: [Phone Number] Date: Approved by: Title: [Manager's title] Date: Elevator Installation Agreement•ThyssenKrupp Elevator Americas P%9 1& 1106 ThyssenKrupp Elevator Americas New Installation Proposal January 4, 2015 Purchaser: Purchaser Name Project Name: Project Name Address: Purchaser Address Project Address: Project Address City/State/Zip: Purchaser City/State/Zip City/State/Zip: Project City/State/Zip On behalf of ThyssenKrupp Elevator(hereinafter "TKE"), I am pleased to quote$Dollar Amount sales tax included and bond not included, to furnish and install one (1) ThyssenKrupp Passenger Elevator at the aforementioned location. This quote is valid for 45 Days, and is based on the general intent of the bid letter, plans, specifications, addenda#, clarifications, exceptions, and provided durations. Project completion must occur on or before 12/31/2013, or the labor and material contained in this proposal will be subject to escalation. VALUE ENGINEERING OPPORTUNITIES & ALTERNATES 1. Enter VE or state `None at this time' CLARIFICATIONS TO ARCHITECTURAL PLANS DATED AND SPECIFICATION SECTION # 1. Enter Clarifications TKE can proceed with preparation of layout drawings for review and approval with receipt of one (1) full set of plans and specifications, a copy of the preliminary schedule, and the Subcontract Agreement. We will require receipt of a fully executed subcontract agreement, including any attached amendments, along with payment for pre-production and engineering prior to the release of the elevator equipment for fabrication. An invoice representing pre-production and engineering costs will be provided for your convenience upon acceptance of this proposal. If you have any questions or concerns, please do not hesitate to contact me at Phone Number.We appreciate your consideration. Sincerely, I-Entex Yor cr Na4n& New Installation Sales Representative c/o ThyssenKrupp Elevator Branch Street Branch City/State/Zip Phone Number Email Address THYSSENKRUPP ELEVATOR SPECIFICATION SUMMARY ThyssenKrupp Elevator Americas Page Vof 1106 Project: Click here to enter text. ........... Units in Estimate: Click here to enter text. Opening Size: Choose an item. Units in Bank: Click here to enter text. Clear Ceiling Height: Choose an itern. Product: Choose an iters. Clear Inside Cab Width: Choose an item, Series: Choose an itern. Clear Inside Cab Depth: Choose an itern, Application: Choose an itern. Hoistway Width: Choose an item, Loading Class: Choose an item. Hoistway Depth: Choose an item. Capacity: Choose an item. lbs. Pit Depth: Choose an item, Speed: Choose an item. FPM Overhead: Choose an item, Travel: ##ft ##in Machine Room Location: Choose an iters Future Travel: ##ft ##in Controller: Choose an item Stops: ##(##front, ##rear) Emergency Power: Choose an itern, Doors: Choose an item. Jack Type: Choose an item, Power Supply: Choose an item. Volts, 60 Hz Seismic Equipment: Choose an itern. HP: Choose an item. Cab Car Fixtures Entrance Doors Cab Type: Choose an itern. Type: Choose an item. ##Choose an item, Panel Type: Choose an itern, Finish: Choose an item. Panel or Wall Finish: Choose an item. Fixtures Included: Choose Entrance Frames Cab Base: Choose an iterfl, an item., Car Position ##Choose an item. Base Frieze, Reveal: Choose an itern. Indicator, Choose an item, Front Return, Transom: Choose an item, Entrance Sills Cab Doors: Choose an its rn. all Fixtures ##Choose an item, Canopy: Choose an item. Type: Choose an item. Ceiling: Choose an item, Finish: Choose an item. New Product Service Ceiling Finish: Choose an item. Fixtures Included: Hall Choose an item. months; Lighting: Choose an itern. Stations, Choose an item., 24 hour service available, Cab Sill: Choose an item. Choose an item. Overtime call-backs are Handrail Type: Choose an stern, Choose an itern. Handrail Finish: Choose an itern, Limited Access Provisions Handrail Location: Choose an itern. I Type: Choose an item. Handrail Row Quantity: Choose an itern, Protective Pads: Choose an item. Cab Finished Floor: Choose an itern, Additional Features: Two Speed Fan, Automatic Fan/Light Shutdown, Vista Remote Monitoring, Fire Service Provisions, Hoistway Access at Top&Bottom Landings, ADA Phone, Non-Proprietary Controller, Solid State Starting, Biodegradable Oil, Pit Ladder GENERAL TERMS AND CONDITIONS i, Project schedule shall be mutually agreed upon by both parties in writing before becoming effective. ThyssenKrupp Elevator Americas Page 2 f A Sof of 1106 2. This proposal is based on the following payment terms: a. Forty percent (40%) of the contract price will be due and payable within thirty (30) days from the receipt of the subcontract agreement. This initial progress payment will be applied to project management, permits, engineering and shop drawings, submittals, drilling mobilization(if required)and raw material procurement. Material will be ordered once this payment is received and subcontract is fully ratified. b. An additional twenty five percent (25%) shall be due and payable when the material has been received at the TKE warehouse. Receipt of payment is required prior to mobilization of labor. C. ThyssenKrupp Elevator shall retain exclusive ownership and control over all equipment installed pursuant to this agreement until such time as Purchaser has paid ThyssenKrupp Elevator 100% of the full contract amount including change orders. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. 3. In no event shall TKE be responsible for consequential,indirect,incidental,exemplary,and special damages. 4. Should liquidated damages be mutually agreed upon,a TKE schedule will be incorporated as an exhibit of the contract which will specify Purchaser milestones and a TKE work schedule.In no event shall TKE's liability for damages arising out of this agreement exceed 5%of the agreement amount. 5. Overtime/additional/expedited work will be performed at the following rates and only after receipt of an executed Change Order: Note:Rates are subject to change after 12/31/2013 Scope of Work Hourly Rate Expedited Installation Hourly OT Rate(Up to 100 Team*Hours): $190/Team Hour Hourly Team Rate for Out-of-Scope Work during Normal Hours: $224/Team Hour Hourly Team Rate for Out-of-Scope Work during OT Hours: $404/Team Hour Hourly Mechanic Rate for Out-of-Scope Work Normal Hours: $116/Man Hour Hourly Mechanic Rate for Out-of-Scope Work OT Hours: $216/Man Hour Team=one(1)mechanic and one(1)apprentice Be advised of the following approximate lead-times in effect as of the date of this proposal. Preparation of layout drawings upon receipt of subcontract and plans: ##Weeks' (Additional Time Required for Cab,Signal, Entrance If Applicable) Approval of layout drawings by purchaser: Varies Fabrication time: ##Weeks (from receipt of all approvals, fully executed contract,rrraterial release forth and PPE payment) Installation of elevator system: ##Weeks (After completion of all required preparatory work by others) WORK NOT INCLUDED TKE shall be provided with uninterrupted access to the elevator hoistway and machine room areas to perform work between regular IUEC working hours of regular working days, Monday thru Friday,statutory holidays excluded. The Purchaser agrees to provide suitable tractor-trailer access and roll-able access from the unloading area to the elevator or escalator hoistways or wellways.The Purchaser agrees to provide a dry and secure area adjacent to the hoistway(s)at the ground level for storage of the elevator equipment and tools within ten(10)business days from receipt at the local TKE warehouse.Any warranties provided by TKE for elevator equipment will become null and void if equipment is stored in any manner other than a dry, enclosed building structure. Any relocation of the equipment as directed by the Purchaser after initial delivery will be at the customer's expense. Purchaser will be required to sign off on the Material Release Form,which will indicate the requested delivery date of equipment to the site. If Purchaser is not ready to accept delivery of the equipment within ten(10)business days of the agreed upon date, Purchaser will immediately make payments due for equipment and designate some local point where Purchaser will accept delivery. If Purchaser fails to make a location available,TKE is authorized to warehouse the equipment at the TKE warehouse at Purchaser's risk and expense. Purchaser shall reimburse TKE for all costs due to extra handling and warehousing. Storage beyond ten (10) business days will be assessed at a rate of$100.00 per calendar day for each elevator,which covers storage and insurance of the elevator equipment and is payable prior to delivery. ThyssenKrupp Elevator Americas Page iWof 1106 We have included provisions for one elevator inspection. In the event that the elevator fails inspection due to work of other trades,TKE will be compensated by change order prior to scheduling a re-inspection.The cost of each re-inspection shall be$1,500.00 plus a remobilization fee of$2,500.00. TKE includes one mobilization to the jobsite.A mobilization fee of$2,500.00 per crew per occurrence will be charged for pulling off the job or for any delays caused by others once material has been delivered and TKE work has commenced. Access for this installation shall be free and clear of any obstructions.A forklift for unloading and staging material shall also be provided at no additional cost. TKE will be responsible for cleanup of elevator packaging material;however,composite cleanup participation is not included. Unless required by specification, there are no provisions for "temporary use" of the elevator(s) prior to completion and acceptance of the complete installation.Temporary use shall be agreed to in accordance with the standard TKE Temporary Use Agreement.Cost for temporary use of an elevator shall be$50.00 per calendar day per hydraulic elevator and$75.00 per calendar day for each traction elevator for rental use only, excluding personnel to operate. All labor and parts, including callbacks required during the rental use period will be billed at local billing rates. In the event that an elevator must be provided for temporary use,TKE will require 30 days to perform final adjustments and re- inspection after the elevator has been returned to TKE with all protection, intercoms and temporary signage removed.This duration does not include any provisions for finish installation or for repairs of same,which shall be addressed on a project-by-project basis.Cost for preparation of controls for temporary use, refurbishment due to normal wear and tear,readjustment and re-inspection is$3,500.00 per elevator up to 10 floors. For installations above 10 stops, an additional cost of$1,500.00/ 10 floors shall apply.These costs are based on work performed during normal working hours. Temporary use excludes vandalism or misuse. Any required signage, communication devices, elevator operators,and protection are not included.All overtime premiums for repairs during the temporary use period will be billed at our local service billing rates. OSHA compliant removable barricades are to be provided by others prior to installation(TKE will replace if removed by TKE). Barricades must allow clearance for installation of entrance frames and should be located no less than 24" from the exterior face of the hoistway wall. Purchaser agrees to indemnify,defend and hold TKE harmless for any OSHA citations received as a result of Purchaser's non-compliance with OSHA standards. For MRL building supported applications and overhead traction applications, an OSHA approved work platform at the top landing served will be required. TKE shall be provided a dry legal hoistway, properly framed and enclosed,and including a pit of proper depth and overhead.This is to include steel safety beam, inspection or access platforms, access doors, sump pump, lights, waterproofing, as required; dewatering of pit(s) and required screening.An OSHA compliant steel safety beam with a minimum 5,000 pound capacity must be furnished and installed by others 2" below the overhead roof deck as shown on the TKE shop drawings prior to elevator installation. Hoist-way shall be square and plumb within 1" from top to bottom of the total hoistway height. If hoistway is outside of this required tolerance, Purchaser shall pay extra for any additional modifications required for a proper installation.Purchaser must provide adequate backing for the elevator guide rails(as shown on the elevator shop drawings).If not, Purchaser will be subject to extra charges due to any additional work required or delay.Provide 75 degree bevel guards on all projections,recesses or setbacks in excess of 4"in accordance with ASIA A17.1. TKE shall be provided a legal machine room,adequate for the elevator equipment, including floors,trap doors,gratings,foundations,lighting, ventilation sized per the TKE shop drawings. Machine room temperature to be maintained between 50 and 90 degrees Fahrenheit,with relative humidity less than 95%non-condensing. Maximum wall thickness for elevator doorframe is 12.5".Purchaser must specify this thickness on the layout approvals. All grouting, fire caulking, cutting and removal of walls and floors, patching, coring, penetrations and painting (except as specified) and removal of obstructions required for elevator work are by others. Proper trenching and backfilling for any underground piping and/or conduit are by others. Any tube steel and/or rail backing, including embeds and weld plates,that may be required by TKE for rail bracket attachment or guide rail support is to be furnished and installed by others flush with the hoistway from pit floor to the top of the overhead to carry the loads of all equipment. Guide rails for traction elevators must attach to steel, CMU or concrete, not wood. Support the full width of the hoistway at each landing for anchoring or welding the TKE sill support shall be furnished and installed by others as detailed on the TKE layouts. Structural steel doorframes with extensions to beam above if required on hoistway sides and sills for freight elevators, including finish painting these items shall be by others. Rough openings for the entrances shall be no less than what is delineated on the elevator shop drawings. Purchaser to provide adequate bracing of entrance frames to prevent distortion during wall construction. Suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per NEC will be supplied by others prior to installation and will have the same characteristics as permanent power.Piping&wiring to controller for mainline power,car lighting,and any other building systems that interface with the elevator controls is by others.(Per N.E.C.Articles 620-22 and 620-51)will also be provided by others.A means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room will be furnished by others if required.Any required hoistway,machine room,pit lighting and/or 110v service outlets shall be by others.Temporary 220v single phase(50 amps)within 50 feet of each hoistway shall be provided by others. Purchaser agrees to provide a bonded ground wire,properly sized,from the elevator controller(s)to the primary building ground. Conduit and wiring for remote panels to the elevator machine room(s)and between panels shall be by others. Remote panels required by local jurisdictions are not included. Sprinklers,smoke/heat detectors on each floor,machine room and hoistways,shunt trip devices(not self-resetting)and access panels as may be required are to be furnished and installed by others. Purchaser shall provide a dedicated telephone line monitored 24 hours, as well as normally open dry contacts for smoke/heat sensors,which shall be terminated by others at a properly marked terminal in the elevator controller. ThyssenKrupp Elevator Americas pg Jg65of 1106 Emergency power supply including automatic time delay transfer switch and auxiliary contacts with wiring to designated elevator controller shall be provided by others.Electrical cross connections between machine rooms for emergency power are to be provided by others. Any governmentally required safety provisions not directly involved for elevator installation shall be provided by others. The cab floor shall have a 3/8"recess and 50 Ib.weight allowance for finish flooring furnished and installed by others. Conventional Hydraulics Only Purchaser agrees to provide at no cost a crane to hoist elevator equipment as needed,including hydraulic cylinders to be placed in the ground. When required, the excavation of the elevator cylinder well hole will be based on drilling through soil free from rock, sand,water, building construction members and obstructions. A 32" x 32" block-out, or as the block-out indicated on TKE layouts, in the pit floor shall be provided by the Purchaser. Adequate ingress and egress, including ramping, shall be provided for a truck-mounted drill rig. Removal of all dirt and debris from each hole location shall be by others. Only TKE standard HDPE or PVC protection system with bottomless corrugated steel casing will be provided for"in-ground" hydraulic jack assemblies. Should obstructions be encountered, TKE will proceed only after written authorization has been received from the Purchaser. The contract price shall be increased by the amount of additional labor at TKE's standard hourly rates, and the actual cost of any additional material plus 15%.Any required trenching and backfilling for underground piping or casings, and conduit as well as any compaction, grouting, and waterproofing of block-out shall be work by others. Methane barriers or coordination/access are not included and are to be engineered and installed by others.Access shall be provided at no cost to 2"pressurized water supply within 100'-0"of the jack hole location. Layout is to be by others when excavation of jack hole is from grade. Purchaser agrees to provide a 4'x 4'opening in the elevator hoistway overhead as required by TKE. Machine Roomless Applications Only Purchaser agrees to provide at no cost a crane to hoist elevator equipment as needed.For a synergy machine room-less installation,the top of the hoistway shall not be installed until after the hoist machines can be set in place with a crane. For synergy machine room-less applications, Purchaser shall provide TKE installation crew a work platform in the hoistway at the top landing. The platform shall be constructed to the specification provided to the Purchaser by TKE. Beam pockets with bearing plates to support the loads of the overhead machine assembly on synergy machine room-less applications shall be furnished and installed by others per the TKE layouts. The Purchaser will provide a temporary 220 VAC-30 amps single-phase terminal with disconnect for each traction elevator in the machine room(s)at the start of the job for temporary operation of work platform. Traditional Traction Elevators Only Basement/adjacent traction machines shall be supported by structural foundations with embedded machine bolts as shown on TKE layouts. Overhead traction machines shall be supported by structural machine room floors with steel embed plates furnished and installed by others as shown on the TKE layouts. Purchaser agrees to provide at no cost a crane to hoist elevator equipment as needed. For a traditional overhead traction installation,the top of the machine room shall not be installed until after the hoist machines can be set in place with a crane. The Purchaser will provide a temporary 220 VAC-30 amps single-phase terminal with disconnect for each traction elevator in the machine room(s)at the start of the job for temporary operation of work platform. ThyssenKrupp Elevator Americas Pagce:i9Sof 1106 r x . r� I' I � III y l I .S' I I `k rn jig t (1 t AP p ENGINEERING CONFIDENCE. enduraM 1kL i ThyssenKrupp Elevator Americas Page 388 of 1106 i k s f h, y C k � � t C � E E v1 aci 3 c v E ` '10 E v c O H s a u 5 E._ � E wn 3 LU LL U41 IMINIMEMEM OEM YY l 1 I kf I ,t� i f i a T 1,{ r ba _ { - } Page 389 of 1106 t �. IS d y E ,;, f =. f(tla~r, s . t�' SSS fij� �_{j u & 3 JT > f it Jo kd = S] N L C C C U N T o U N O ✓ � O. O U L n N � � i 1 U m w v o 01 o E Y u ol�- V U v m OU 8 - - --------------- - NO � r t wn n fn N .- "N N U (� 0 - N L O (Elf a.- L d 5 O C # R m m v '" coli m v f^ c m n > � c o N c c ro s 3 al _ o .� T a t _ o m uv ro C E °1 ~ v o t o z v m - v €r�t;� E o v v m "o E E E urd. 7 LC L U N u - • I O E F N O [0 L O d U12 E c c o E m m coo v y u ao s v > v m E v a c so v c m J m o 0 0 v ._ FE Page 390 of 1106 i rn t~il ur v os c~n sa sa, s '� -a n r m uj 0 C 2 y c c u f$ o E E ri H a 3 N. L O u o C OI C T.m CL v Y 0 Q U E rr® m v � � z z •� � o o u N O p CO o r aox s J E J E' CD " S o u ® o u Ci u ® M voi o m h m U o a a m V d � C E E c c o u o 2 - 013 Y E > > �o @ >. v .v 0 L m E v u o o Y v v > c 30 o m 3 m m € co = v a d o v o v c o w v •- a m v E u o c E 5 0 0 �u-- v v c J > t 3 u rn o yo m � o o A E s Q L � u ' r .v LL n E a FL- E v n = Amok re w y m Page 391 of 1106 ThyssenKrupp Elevator Locations UNITED STATES OFFICES Alabama Jacksonville 904-2130-4666 Kentucky Nevada Oregon Ft,Worth 817-922-9590 Birmingham 205-945-0062 Miami 305-592-7722 Lexington 859-252-0'586 Las Vegas 702-262-6775 Eugene 541-683-7848 Houston 713-849-2191 Orlando 407-425-3496 Louisville 502-''66-6014 Reno '775-329-0400 Portland 503-255-0079 Houston Alaska Pensacola/ Downtown 713-654-7700 Anchorage 907=522-3002 Mohde Area 850-477-001b Louisiana New Jersey Pennsylvania Midland 432-683-1488 West Palm Baton Rouge 225-928-1120 Atlantic City 609-567-2333 Allentown 610-366-0161 San Antonio 210-495-8585 Arizona Beach 561-842-5761 New Orleans 504-733-6141 Cranford 908-497-9297 King of Prussia 609-567-2333 Temple 254-778-3741 Phoenix 602-257-0216 Sarasota/ Philadelphia 215-105-2340 Tyler 903-533-8H44 Tucson 520-622-2452 Bradenton 941-753-4787 Maine New Mexico Pittsburgh 412-367-7500 Tallahassee 850-576-0161 Brewer 207-989-3255 Albuquerque 505-856-5800 York 717-757-5600 Utah Arkansas Tampa 813-287-1744 Salt Lake City 801-908-7433 Little Rock 501-407-9030 Vero Beach '172-567-0001 Maryland New York Puerto Rico Baltnnure 410-636-3280 Buffalo 716-681-7900 Puerto Rico 7B7-708-5605 Virginia California Georgia College Park 301-345-6400 Elmsford 914-347-3450 Newington 571-642-05.SD ✓"ninon wd Atlanta 770-916-0555 Hagerstown 301-73&1314 Long Island 631-491-3111 Rhode Island Norfolk '157-547-9025 lregsrt 71 k '1[I Macon 478-475-5438 Ocean City 410-520-0022 Manhattan 212-947-8600 Providence 866-989-3555 Richmond 804-355-9792 Hayward 510 i"'C'l k CP Marietta 770-9166-0555 Rochester 58b-359-9290 Roanoke 540563-5700 I ep � 711 IIfflin Savannah 912-354-8800 Massachusetts Syracuse 315-437-7541 South Carolina Sacrarnl.nfu rl(:Yi 11 0, 0i) Boston 517-547-9000 Columbia 803-708-3895 Washington Salt uiegu r,111 Yi 16 , it Hawaii North Carolina Greenville 864-6715-0096 Everett 425-438-0309 San Fforiw�(o 4r t ,£l@1,43 Honolulu 808-834-6300 Michigan Charlotte 704-529-1000 Myrtle Beach 843-448-2016 Seattle 425-702-1200 Sari Jose lUi, I7 HO Grand Rapids 616-942-4710 Greensboro 336-27v-4563 Spokane 509-533-2701 -owro fl r 1 oa r B01i Pli r 01 r 1 Idaho Detroit 734-953-3'734 Raleigh 979-851-8557 South Dakota Tacoma 253-566-1751 Boise 208-558-0000 Sioux Falls 605-332-4950 Colorado Minnesota North Dakota West Virginia Col,Springs 719-548-0211 Illinois Duluth 218-624-5566 Fargo 701-232-2673 Tennessee Charleston 306.1-342-8115 Denver 303-318-9700 Chicago 630-652-4000 Minneapolis 612-588-7844 Chattanooga 423-499-2216 Eagle 970-328-5955 Peoria 309-691-2596 Ohio Knoxville 8GS-588-8517 Fort Collins 970-221-1744 Mississippi Cincinnati 513-241-6000 Memphis 901-377-1993 For a complete list of all the Indiana Jackson G01-922-9400 Cleveland 440-'71'7-0080 state licensing contractor Connecticut Evansville B12-475-9419 Columbus 614-895-8930 Texas numbers,please visit New Haven 860-82B-6672 Indianapolis 317-595-1125 Missouri Toledo 419-666-;5304 Austin 512-447-9511 www thyssenkruppelevator.com Spiingheld 417-581-9465 Corpus Christi 361-299-0033 Florida Kansas St.Louis 314-991-0800 Oklahoma Dallas Central 972-786-0505 Ft Lauderdale 954-971-6500 Kansas City 913-888-8046 Okla..City 405-949-1916 Dallas Ft Myers 239-534-2511 Wichita 316-529-2233 Montana Tulsa 918-665-2040 Downtown 214-303-1389 Gainesville 352-376-22.41 Bozeman d05-587-3895 EI Paso 915-595-0171 CANADA OFFICES Alberta Manitoba Newfoundland London 519-652-0800 Quebec Calgary 403-259-4183 Winnipeg 204-697-0700 St.John's 709-739-4038 Mississauga 905-G02-6'>32 Montreal 51,1-631-6776 Edmonton 780-488-0976 North York 416-495-6000 Ouebec City 41B-682-1214 New Brunswick Nova Scotia Ottawa 613-731-0810 Repentigny 450-582-8922 British Columbia Saint John 506-634-1063 Halifax 902-454-2456 Scarborough 416-291-2000 Kelowna 250-763-2804 Moncton 506-855-335'/ Sudbury 705-673-4702 Saskatchewan Vancouver 604-294-2209 Ontario Toronto 416-559-2002 Regina 306-352-8608 Victoria 250-474-1150 Hamilton 905-385-1785 Whitby 905-579-0471 Saskatoon 3011-242-6467 Kingston 613-542-2904 ThyssenKrupp Elevator 2600 Network Blvd.,Ste.450,Frisco,TX 75034 Phone(877)230-0303 thyssenkruppelevator.com I version 01.14 All illustrations and specifications are based on information in effect at time of publication approval, ThyssenKrupp Elevator reserves the right to change specifications or design and to discontinue items without prior notice or obligation.Copyright©2013 ThyssenKrupp Elevator Corporation.CA License#651371 ® cornerstone E For more information please visit (L/(//(/' •E AHSI•RAO Page 392 of 1106 Value Add #2 — Modernization Summary: o Pricing control and quality equipment. o Additional admin fees. o All members will be notified of product availability. Detail Description: o Products are manufactured in Middleton, TN Facility. o Units are certified by the local authority after modernization. o Modernizations are at the local customer site. o Modernizations are performed by TKE employees, trained and certified by the IUEC. o These products are not proprietary, competition is all major providers. Additional Information and Samples: o Modernization Agreement Sample o Battery Lowering Kit— Exhibit 1 o Car Doors — Exhibit 2 o SmartTech II — Exhibit 3 o Fire Service — Exhibit 5 o HD-LM Door Operator— Exhibit 6 o HLR 3— Exhibit 7 o Microlight— Exhibit 8 o Car Top Rail Kit— Exhibit 9 o Power Units— Exhibit 10 o TAC 22— Exhibit 11 o TAC 50— Exhibit 12 o Door Restrictors — Exhibit 18 Page 393 of 1106 ThyssenKrupp Elevator Americas Modernization Proposal January 28, 2013 Purchaser: Purchaser Company Name Project Location:. [Enter Building Name] Address: [Enter Street Address] Project Address: [Enter Street Address] City/State/Zip: [Enter City, State Zip] City/State/Zip: [Enter City, State Zip] On behalf of ThyssenKrupp Elevator, I am pleased to quote$0.00 (sales tax included)to perform certain work to modernize elevators 1 -4 at the above referenced location as described in this multi-page proposal (the "Proposal"). This Proposal is valid for 45 days. If you have any questions or concerns, please do not hesitate to contact me at(000)000-0000. We appreciate your consideration. Sincerely, Enter Your Name Modernization Sales Representative c/o ThyssenKrupp Elevator Street Address City, State&Zip firstname.lastname@thyssenkrupp.com Enter Your Name I Modernization Sales Representative P: (000)000-00001 Email: firstname.lastname@thyssenkrupp.com Pag?PgPI�94 of 1106 SCOPE OF WORK TRACTION TRACTION ELEVATOR(S) X-X ELEVATOR(S) X-X Machine Reuse Existing Geared Machine Reuse Existing Geared Machine Hoist Motor Reuse Existing Motor Reuse Existing Motor Deflector Sheave Reuse Existing Reuse Existing Control System New TAC 50-04 Microprocessor New TAC 50-04 Microprocessor Controller Controller Destination Dispatch N/A N/A Selector System New Position Transducer/Limit New Position Transducer/Limit Switches Switches Drive System New VVVF Regenerative Drive New VVVF Regenerative Drive Governor Refurbish Existing Refurbish Existing Hoist&Governor Cables Reuse Existing Cables Reuse Existing Cables Traveling Cables&Wiring New Traveling Cable & Hoistway New Traveling Cable & Hoistway Wiring Wiring Car Frame Reuse Existing Reuse Existing Car Platform Reuse Existing Reuse Existing Car Guide Shoes Reuse Existing Reuse Existing Safety Reuse Existing Reuse Existing Counterweight Frame Reuse Existing Reuse Existing Counterweight Guide Shoes Reuse Existing Reuse Existing Guide Rails Reuse Existing Reuse Existing Buffers Reuse Existing Reuse Existing Entrance Frames Reuse Existing Reuse Existing Entrance Door Panels Reuse Existing Reuse Existing Hoistway Sills Reuse Existing Reuse Existing Door Operator Reuse Existing Reuse Existing Car Door Panel Reuse Existing Reuse Existing Car Sill Reuse Existing Reuse Existing Door Detectors Reuse Existing Reuse Existing Car Enclosure Reuse Existing Reuse Existing Flooring Reuse Existing Reuse Existing Signals Reuse Existing Reuse Existing Pit Ladder Reuse Existing Reuse Existing LEED/Green Project No No Special Features ***ThyssenKrupp Elevator's Standard Cabs have been tested by UL to meet California's strictest indoor air quality standards CA01350. This standard is required by many other jurisdictions to prove the health of indoor air quality, All work described in this Proposal will be performed in accordance with the version of all applicable state or local codes that deal exclusively with the installation and/or modernization of elevators that are in effect at the time that this Proposal is fully executed. In the event that either(A)those codes change or(B) rulings are made by the applicable authority having jurisdiction that extend the application of those codes following the complete execution of this Proposal, the labor and materials necessary to ensure that the work described herein complies with such Modernization Proposal • ThyssenKrupp Elevator Americas PP96A.& of 1106 changes shall be performed at an additional cost to Purchaser based on ThyssenKrupp Elevator's standard billing rates as posted in its local office. It is solely the Purchaser's responsibility to ensure that the work described in this Proposal meets all applicable Federal, state and/or local codes that do not deal exclusively with the installation and/or modernization of elevators and to secure any necessary permission and/or priority from all applicable governmental authorities to complete that work. OUR PRODUCTS AND THE ENVIRONMENT ThyssenKrupp elevator products are designed for efficiency and productivity. And, by truly understanding your needs and by incorporating innovative technology, we're able to offer elevators that are not only more productive and more efficient;they also demonstrate a deep respect for the environment. ThyssenKrupp elevator endeavors to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet(MSDS)are available for review at your request. VALUE ENGINEERING OPPORTUNITIES &ALTERNATES 1. Sample Text Initial to Accept 2. Sample Text Initial to Accept 3. Sample Text Initial to Accept 4. Sample Text Initial to Accept 5. Sample Text Initial to Accept _ 6. Sample Text Initial to Accept 7. Sample Text Initial to Accept JOBSITE SPECIFIC CONDITIONS 1. Sample Text 2. Sample Text 3. Sample Text 4. Sample Text 5. Sample Text 6. Sample Text 7. Sample Text Be advised of the following approximate and estimated lead times in effect as of the date of this Proposal. Pre ration of submittals _-- . -..�..... p upon receipt of subcontract and plans: 1—2 days (Additional Time Required for Cab,Signal,Entrance lfApplicable) Approval of submittals by Purchaser Varies Fabrication time from receipt of all approvals, fully executed contract, and 8—10 weeks payment of pre-production and engineering invoice: Modernization of elevator system: 1—2 weeks (After completion of all required preparatory work by others) Project completion must occur on or before December 31, 2013, or the Purchaser agrees, by executing this Proposal, that the labor and material contained in this Proposal will be subject to escalation based on increased material and labor costs incurred by ThyssenKrupp Elevator. Modernization Proposal • ThyssenKrupp Elevator Americas PMdeof3'46 of 1106 INSTALLATION SEQUENCE AND SCHEDULE All work specified herein will be performed during "regular working hours of regular working days as is customary in the elevator industry" defined as 7:30AM to 4:30 PM, except scheduled holidays. All vertical transportation equipment described in this Proposal will be out of service and unavailable to move passengers and/or property during entire duration of the performance of the work described in this Proposal. Temporary elevator service is not included in this Proposal. Prior to commencing work, ThyssenKrupp Elevator will provide Purchaser with a written work schedule.That schedule and any changes to it shall be agreed to by both parties' authorized representatives in writing before becoming effective. WORK NOT INCLUDED There are certain items that are not included in this Proposal, many of which must be completed by Purchaser prior to and as a condition precedent to ThyssenKrupp Elevator's performance of its work as described in this Proposal. It is Purchaser's sole responsibility to coordinate the performance of these items with ThyssenKrupp Elevator to ensure a successful completion of this project. The following is a list of those items that are not included in this Proposal: 1) Equipment Storage:the provision of a dry and secure area at the project site for storage of the elevator equipment at the time of delivery and the provision of adequate ingress and egress to this area. Any relocation of the equipment as directed by the Purchaser after its initial delivery will be at Purchaser's sole expense; 2) Electrical: a) suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per N.E.C. Suitable power supply capable of operating the new elevator equipment under all conditions; b) the wiring to the controller for car lighting per N.E.C. Articles 620-22 and 620-51; c) a means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room that shall not be self-resetting; d) wiring and conduit from life safety panel or any other monitor station to the elevator machine room or a suitable connection point in hoistway; e) a bonded ground wire, properly sized, from the elevator controller(s)to the primary building ground; and all remote wiring to the outside alarm bell as requested by all applicable code provisions; f) a dry set of contacts which close 20 seconds prior to the transfer from normal power to emergency power or from emergency power to normal power whether in test mode or normal operating conditions in the event that an emergency power supply will be provided for the elevator; g) automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller and h) electrical cross connections between elevator machine rooms for emergency power purposes; 3) Machine Room: a legal machine room, adequate for the elevator equipment, including floors, trap doors, gratings, foundations, lighting and a machine room temperature maintained between 50 and 90 degrees Fahrenheit, with a relative humidity less than 95%non-condensing; 4) Heat and Smoke Sensing Devices: heat and smoke sensing devices at elevator lobbies on each floor, machine room, and hoistways with normally open dry contacts terminating at a properly marked terminal in the elevator controller; 5) Dedicated Telephone Lines: a dedicated telephone line to elevator each controller recognizing that the elevator telephone is required by code to be monitored 24 hours a day, 7 days a week; one additional telephone line per group of elevators for diagnostic capability wired to designated controller; Modernization Proposal • ThyssenKrupp Elevator Americas Wd(VA-7 of 1106 6) Removal of Obstructions: the cutting and patching of walls, floors, etc. and removal of such obstructions as may be necessary for proper modernization of the elevator(s); 7) Fire Rating: the furnishing, installing and maintaining of the required fire rating of elevator hoistway walls, including the penetration of firewall by elevator fixture boxes; 8) Flooring: all work relating to the flooring including, but not limited to, the provision of materials and its installation to comply with all applicable codes; 9) Painting: all painting, except as otherwise specifically included herein; 10) Waterproofing: ensuring that the elevator hoistways and pits are dewatered, cleaned and properly waterproofed; 11) If entrances are replaced: adequate bracing of entrance frames to prevent distortion during wall construction and all sill supports, steel angles, sill recesses, and the grouting of doorsills; 12) If the hydraulic jack is replaced: a) the excavation of the elevator cylinder well hole in the event drilling is necessary through soil that is not free from rock, sand, water, building construction members and obstructions. Should obstructions be encountered, ThyssenKrupp Elevator will proceed only after written authorization has been received from the Purchaser. The contract price shall be increased by the amount of additional labor at ThyssenKrupp Elevator's labor rates as posted in its local office along with the actual cost of any additional material plus 15%; b) adequate ingress and egress, including ramping, for a truck-mounted drill rig; c) removal of all dirt and debris from each hole location; d) in ground protection systems other than ThyssenKrupp Elevator's standard HDPE or PVC protection system with bottomless corrugated steel casing; e) any required trenching and backfilling for underground piping or casings, and conduit as well as any compaction, grouting, and waterproofing of block-out; f) engineering, provision and installation of methane barriers or coordination/access; g) access to 2" pressurized water supply within 100'-0" of the jack hole location; h) a safe, accessible storage area for placement of D.O.T. 55 gallon containers for the purpose of spoils containment; i) any spoils or water testing; and j) the hiring of a disposal company which MUST be discussed prior to any material being ordered or work being scheduled. ThyssenKrupp will provide environmental services ONLY if this is specifically included under the "Scope of Work" section above.ThyssenKrupp assumes no responsibility and/or liability in any way whatsoever for spoils or other contamination that may be present as a result of the cylinder breach and/or other conditions present on the work site. ASBESTOS AND SAFETY The Purchaser is solely responsible for the removal and disposal of asbestos containing material at the jobsite. It is agreed that in the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the jobsite, Purchaser will monitor ThyssenKrupp Elevator's work place and prior to and during ThyssenKrupp Elevator's manning of the job, Purchaser will certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400. In the event ThyssenKrupp Elevator's employees or those of ThyssenKrupp Elevator's subcontractors are exposed to an asbestos hazard, PCP's or other hazardous substances, Purchaser agrees to indemnify, defend, and hold ThyssenKrupp Elevator harmless from all damages, claims, suits, expenses, and payments resulting from such exposure. The Purchaser is solely responsible for ensuring that any governmentally- required safety provisions will be followed. ThyssenKrupp Elevator reserves the right to discontinue work on the jobsite whenever, in ThyssenKrupp Elevator's sole opinion, its personnel do not have a safe place to work. Modernization Proposal •ThyssenKrupp Elevator Americas PV%JEPfA8 of 1106 PAYMENT TERMS This Proposal is based on the following payment terms; Forty percent(40%) of the price set forth on page 1 of this Proposal as modified by options selected from the Section entitled Value Engineering Opportunities&Alternates(if applicable)will be due and payable as an initial progress payment within 30 days from ThyssenKrupp Elevator's receipt of a copy of this Proposal signed by the Purchaser.This initial progress payment will be applied to costs and fees associated with project management, permits, submittals, and raw material procurement and its receipt will trigger the ordering of material to complete the scope of work described on pages 2 and 3. An additional twenty-five percent(25%) of the price set forth on page 1 of this Proposal as modified by options selected from the Section entitled Value Engineering Opportunities&Alternates (if applicable)shall be due and payable when the material described above has been furnished. Material is considered furnished when it has been received at the jobsite, ThyssenKrupp Elevator staging facility, or any other location designated by the Purchaser at its sole expense. ThyssenKrupp Elevator's receipt of payment is required prior to mobilization of its labor associated with the work described on pages 2 and 3. Thereafter Purchaser shall make progress payments which shall be due not later than the fifteenth(15th) day of each month for labor and materials furnished, as defined above, through the last day of the preceding month. Such payments shall also include any changes to the Proposal amount made by change orders to the extent completed. Time is of the essence. The remainder of the Proposal amount, including change orders, is due at the time of completion and approval by the local authority having jurisdiction (if applicable), but prior to turnover of the equipment by ThyssenKrupp Elevator to the Purchaser for use. If there is more than one unit that is the subject of this Proposal, final payment shall be made separately as each unit is completed. ThyssenKrupp Elevator shall retain exclusive ownership and control over all equipment installed and/or modernized pursuant to this Proposal until such time as Purchaser has paid ThyssenKrupp Elevator 100%of the full Proposal amount set forth on page 1 as modified by options selected from the Section entitled Value Engineering Opportunities& Alternates(if applicable) along with all applicable change orders. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. ThyssenKrupp Elevator reserves the right to discontinue its work at any time until payments have been made as agreed, and ThyssenKrupp Elevator has received assurance satisfactory to it that the subsequent payments will be made as they come due. Any payments not paid when due shall bear interest at 1 1/2%per month or the highest legal rate, whichever is less. In the event the Purchaser defaults on any payment, or on any other provision of this Proposal, the unpaid balance of the Proposal price (including any change orders), less the cost of completing the work, as estimated by ThyssenKrupp Elevator, shall immediately become due and payable. TESTS, GOVERNMENTAL APPROVAL, CLEANUP AND PURCHASER INSPECTION At the conclusion of its work described herein, ThyssenKrupp Elevator will perform safety, full load, Phase I and Phase II Fire Service tests(as applicable)to ensure that the equipment that is the subject matter of this Proposal conforms to applicable codes. ThyssenKrupp Elevator will provide Purchaser with copies of reports generated in conjunction with completed tests. ThyssenKrupp Elevator will perform all tests described herein during regular working hours of regular working days as is customary in the elevator industry. Should the Purchaser require performance of these tests outside the regular working hours of regular working days as is customary in the elevator industry, ThyssenKrupp Elevator will provide Purchaser with a separate and additional proposal to accomplish those tasks at those times at an additional cost. The price of this Proposal includes one (1) inspection by the local authority having jurisdiction. Should the local authority having jurisdiction refuse to issue written approval to Purchaser to use and operate the equipment due to items that are the responsibility of the Purchaser as set forth in this Proposal or are not specifically included in this Proposal, the Purchaser shall be financially responsible for(A)addressing those items, (B)the cost of the additional Modernization Proposal •ThyssenKrupp Elevator Americas PR f(fA9 of 1106 inspection(s) by the local authority having jurisdiction and (C)the labor incurred by ThyssenKrupp Elevator to attend those additional inspections at ThyssenKrupp Elevator's current billing rate as posted at its local office. Should the Purchaser or the local authority having jurisdiction require ThyssenKrupp Elevator's presence at the inspection of equipment installed by others in conjunction with the work described in this Proposal, Purchaser agrees to compensate ThyssenKrupp Elevator for its time at ThyssenKrupp Elevator's current billing rate as posted at its local office. ThyssenKrupp Elevator shall not be liable for any damage to the building structure or the elevator resulting from the performance of any tests it shall perform at any time under this Proposal. At the conclusion of its work, ThyssenKrupp Elevator will remove all equipment and unused or removed materials from the project site and leave its work area in a condition that, in ThyssenKrupp Elevator's sole opinion, is neat and clean. Upon notice from ThyssenKrupp Elevator that the work described herein has been completed, Purchaser will arrange to complete an inspection of the work with ThyssenKrupp Elevator and will provide Purchaser's final acceptance thereof in writing by Purchaser's duly authorized representative at that time if the work is acceptable.The date and time for such an inspection shall be mutually agreed upon. In no event shall that inspection occur more than ten (10) business days after the date of ThyssenKrupp Elevator's written notice to Purchaser that the work herein has been completed unless both parties agree otherwise in writing. Immediately following its inspection of the work, Purchaser's duly authorized representative shall execute ThyssenKrupp Elevator's "Final Acceptance" form(s) prior to turnover and use of the equipment described in this Proposal. Purchaser shall not unreasonably delay or withhold such final inspection or its written acceptance of the work. WARRANTY ThyssenKrupp Elevator warrants the equipment it installs under this Proposal against defects in material and workmanship for a period of one(1)year from the date of Purchaser's execution of ThyssenKrupp Elevator's "final Acceptance"form(s)mentioned above on the express condition that allpayments made under both this Proposal and any mutually agreed-to change orders have been made in full, or two(P,1 years from the date material ships from the manufacturer. This warranty is in lieu of any other warranty or liability for defects. Thyssenlfrupp Elevator makes no warranty of merchantability and no warranties which extend beyond the description in this Proposal, nor are there any other warranties, expressed or implied, by operation of law or otherwise. Like any piece of fine machinery, this equipment should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that ThyssenKrupp Elevator will provide free service for periodic examination,: lubrication, or adjustment, nor will ThyssenKrupp Elevator correct without a charge, breakage, maladjustments, or other trouble ansrng from normal wear and tear or abuse, misuse, improper or inadequate maintenance, or any other causes other than defective material or workmanship. In order to make a warranty claim Purchaser must give Thyssenlfruupp Elevator prompt written notice at the address listed on the cover page of this Proposal and provided all payments due under the terms of this Proposal and any mutually agreed to written change orders have been made in full, ThyssenKrupp Elevator shall, at its own expense, correct any proven defect by repair or replacement. ThyssenKrupp Elevator will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor shall ThyssenKrupp Elevator be responsible for the performance of any equipment that has been the subject of revisions or alterations by others. ff there is more than one(1)unit which is the subject of work described in this Proposal, this section shall apply separately to each unit as accepted. TERMS AND CONDITIONS All work described in this Proposal will be performed in a workmanlike manner and will include all labor and material as specified herein. This Proposal does not include any maintenance, service or repair of the equipment or any other work not expressly described herein.ThyssenKrupp Elevator will submit a separate proposal to Purchaser covering the maintenance and repair of this equipment to be supplied to Purchaser at an additional cost. ThyssenKrupp Elevator retains title to all equipment supplied by ThyssenKrupp Elevator under this Proposal and a security interest therein, (which, it is agreed, can be removed without material injury to the real property) until all payments under the terms of both this Proposal and any mutually agreed to-change orders have been made. In the Modernization Proposal •ThyssenKrupp Elevator Americas PM ' W60 of 1106 event of any default by Purchaser with respect to any payment, or under any other provision of this Proposal, Purchaser authorizes ThyssenKrupp Elevator to take immediate possession of the equipment and enter upon the premises where it is located (without legal process)and remove such equipment or portions thereof irrespective of the manner of its attachment to the real estate or the sale, mortgage, or lease of the real estate. Pursuant to the Uniform Commercial Code, at ThyssenKrupp Elevator's request, Purchaser agrees to join with ThyssenKrupp Elevator in executing any financial or continuation statements which may be appropriate for ThyssenKrupp Elevator to file in public offices in order to perfect its security interest in such equipment. In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this Proposal or to collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. The Purchaser does hereby waive trial by jury and does further hereby consent that venue of any proceeding or lawsuit under this Proposal shall be in the county in which the ThyssenKrupp Elevator branch office that is performing the work in question is located. ThyssenKrupp Elevator shall not be liable for any loss, damage, or delay caused by acts of government, labor troubles, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any cause beyond its control. ThyssenKrupp Elevator shall automatically receive an extension of time commensurate with any delay regarding the aforementioned. Performance of this Proposal is contingent upon Purchaser furnishing ThyssenKrupp with any necessary permission or priority required under the terms and conditions of government regulations affecting the acceptance of this order or the manufacture, delivery or installation of the equipment described in this Proposal. Should loss of or damage to ThyssenKrupp Elevator's materials, tools or work occur at the job site, Purchaser shall compensate ThyssenKrupp Elevator, unless such loss or damage is caused solely by ThyssenKrupp Elevator's negligence. Certificates of Workmen's Compensation, Bodily Injury and Property Damage liability Insurance coverage will be furnished to Purchaser upon request. The premium for any bonds or insurance beyond ThyssenKrupp Elevator's standard coverage and limits will be an addition to this Proposal's price. In consideration of ThyssenKrupp Elevator performing the services herein specified, Purchaser, to the fullest extent permitted by law, expressly agrees to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator Corporation, ThyssenKrupp Elevator Manufacturing, Inc., their respective employees, officers, agents, affiliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings for loss, property damage (including damage to the equipment which is the subject matter of this Proposal), personal injury or death that are alleged to have arisen out of the presence, use, misuse, maintenance, installation, removal, modernization, manufacture, design, operation or condition of the equipment that is the subject matter of this Proposal or any equipment located in the elevator machine room and/or hoistways of the project location. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Proposal), personal injury or death is determined to be caused by or resulting from the sole negligence of ThyssenKrupp Elevator and/or its employees. Purchaser recognizes that its obligation to ThyssenKrupp Elevator under this clause includes payment of all attorneys' fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims, demands, suits or proceedings. Purchaser further expressly agrees to name ThyssenKrupp Elevator Corporation and ThyssenKrupp Elevator Manufacturing, Inc. along with their respective officers, agents, affiliates and subsidiaries as additional insureds in Purchaser's liability and any excess(umbrella) liability insurance policy(ies). Such insurance must insure the above- referenced additional insureds for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the additional insureds' sole negligence or responsibility. Such insurance must specify that its coverage is primary and non-contributory. Purchaser hereby waives its right of subrogation. By executing this Proposal, Purchaser agrees that in no event shall ThyssenKrupp Elevator be liable for any consequential, indirect, incidental, exemplary, special or liquidated damages of any type or kind under any circumstances. If any drawings, illustrations or other descriptive materials were furnished in conjunction with this Proposal, they were intended solely as approximations and to illustrate the general style and arrangement of equipment being offered and should, under no circumstances, be relied upon for their accuracy. Modernization Proposal • ThyssenKrupp Elevator Americas PRIA66f4101 of 1106 Purchaser's acceptance of this Proposal and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively and entirely the agreement between the parties for the goods and services herein described. All other prior representations or Proposals, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this Proposal will be recognized unless made in writing and properly executed by both parties as a change order. Should Purchaser's acceptance be in the form of a purchase order or other similar document, the provisions of this Proposal will exclusively govern the relationship of the parties with respect to this transaction. No agent or employee shall have the authority to waive or modify any of the terms of this Proposal without the prior written approval of an authorized ThyssenKrupp Elevator manager. ACCEPTED: Purchaser Company Name ThyssenKrupp Elevator Corporation Street Address By: City, State&Zip (Signature of Authorized Individual) By• (Signature of TKE Representative) (Printed or Typed Name) Enter Your Name (000)000-0000 Title:. _ Date: Date;. Approved by:, Title: Date: Modernization Proposal • ThyssenKrupp Elevator Americas PMddf462 of 1106 - - - - ThyssenKrupp Americas Energy Calculator ON V Potential Savings $0 Imput Energy CalculIator Snapshot of Proposed Modemization here: -Down1load Energy Calcullator to your computer from TEnet -Run Energy Simulation comparing existing equipment to proposed 0 UK -Use the Advanced Section with the password "thyssen" But ding A -Click View Results z,f -Click Export ResulIts -An image file of the energy callculation will be plIaced on your desktop. Insert that image here. OUR COMMITMENT TO ENERGY EFFICIENCY VVeutilize gravity 0oregenerate power for your building. The largest impact nfanelevator's life cycle isduring its use-phase (a8erinstaUuhonincomp|ete)vvhenitisyitting idle with the lights on. Our efforts to promote anautomatic light/fan shut off feature for all currently installed and new products has helped target this"inefficiency with tools .like our energy calculator and modernization products. The impact that the elevator industry can have on the efficiency of the built environment is astonishing when we realize the potential improvement in updated motor, drive and controller technology can increase energy efficiency rates up to 72%. If elevators use up to 8%of a total building's energy and building use 42%of the energy in the U.S. that isquite the potential impact for one industry. Regenerative drive technology and motor efficiency controllers are just a few more ways ThyssenKrupp can help our customers improve their bottom-line while also helping our planet. Elevators can generate up to 40%of their energy consumption for use by the building. � � ! FM CONSUMING ENERGY REGENERATING ENERGY F,Ill ,/ '''v,'1'/|-." -/./|4, '* ,/'|',x. E//.p/, -ii '/'`x,l'Il: '/ Ili Ill' -if ./'`x,q'|',*// OUR COMMITMENT TO LEEQ ThyssenKrupp Elevator is the only elevator company to have LEED accredited professional sales force, and the only manufacturer to offset 100%elevator energy usage. ThyssenKrupp's commitment to sustainability extends beyond our own realm and into the realm of our customers. To that end, we are committed to helping our customers apply green building strategies to comply with USGBC's LEED rating system. We have over 30 LEED Green Associates and LEED APs with specialties to help you with your LEED project needs. While excluded from two Materials and Resources credits within the New Construction rating system, elevators can play a significant contribution to LEED in large jobs. Please see our LEED matrix which offers a breakdown of elevator specific LEED credits. We are pleased to contribute to energy savings credits and comply with all project construction plans. By implementing LED lighting, auto fan and light shut-off TKE's MRL elevators can apply for an available Innovation in Design point. With LEED AP BD+C employees on staff,TKE is willing to work with our customers on their projects in seeking additional unprecedented points in both the Energy and Atmosphere and Innovation in Design categories for the New Construction rating system as well as Existing Building Operations and Maintenance rating system. LEED for Existing Buildings Operations & Maintenance CATEGORY CREDIT INTENT HOW CAN THYSSENKRUPP HELP? ID 1-Innovation Provide building operations,maintenance, ThyssenKrupp proactively works with our in Operations and upgrade teams with the opportunity to customers to achieve Innovation in achieve additional environmental benefits Operations credits. Contact a sales beyond those addressed in the rating representative for more information. system. EA PR 1-Energy Promote continuity of information to ThyssenKrupp can provide project teams Efficiency Best ensure that energy-efficient operating with real-time elevator traffic monitoring and Management strategies are maintained and provide customizable elevator placement based on Practices a foundation for training and systems peak traffic demand(i.e.elevators at lobby analysis. with doors open for morning rush) EA 1-Optimize Achieve increasing levels of operating ThyssenKrupp's online energy calculator can Energy energy performance relative to typical be used to provide exceptional calculations Efficiency buildings of similar type to reduce in energy modeling to add to the Energy Star .W Performance environmental impacts. Performance Rating. EA 1-On-Site To encourage and recognize increasing ThyssenKrupp will purchase 2-yr Renew- and Off-Site levels of on and off-site renewable able Energy Certificates(RECs)for the Renewable energy to reduce environmental and amount of energy our elevators would Energy economic impacts associated with fossil consume on behalf of the project to offset fuel energy use. our elevator's energy usage. IEQ 1.1- To enhance indoor air quality by ThyssenKrupp will follow a project's indoor Indoor Air optimizing practices to prevent the air quality management program when Quality development of indoor air quality applying paints,coatings, sealants,and Management problems in buildings,to maintain the adhesives in the building. TKE offers the Program well-being of occupants. only low-emitting cab certified by UL in compliance with CA01350 IEQ 2.1- To provide for the assessment of building Modernizing elevators can increase occupant Occupant occupants'comfort as it relates to ther- satisfaction by improving ride quality,traffic Comfort- mal comfort,acoustics,indoor air quality flow,and reducing wait times. Occupant (IAO),lighting levels, building cleanliness Survey and any other comfort issues. BROCHURE LIBRARY Modernization Proposal • ThyssenKrupp Elevator Americas PagYA64W4 of 1106 e 3 L lr 1lb{�� A: t� t t K n iq t ,f r. I .d i� JIM �1 %. "j, t ovum== SNNMNRwMNNK== 41 4 y 8877 n E TlryueriFtrF�p Frwror Pr+x•urPP Fk.aor iPpxnlWpp F4rar+ Fb>.wax Modernization Proposal ThyssenKrupp Elevator Americas PaP464'405 of 1106 Cal 1 Elm, vzn -ru u.:�H"�" TFHw^PruVDFW mr TPYawePryrp Fmvala iFYYaenw.pp E.,W, k rvfle�V&e r. HwnnwDDfk.mer 11H.,.r ,. !"�L r n — ` , ' 1 YFHw•W PE.. 1Y+ Eb.alor Modernization Proposal ThyssenKrupp Elevator Americas PaPA66W6 of 1106 {{ tPiy t 71F t r £ z rt{ j��t�ili;}SI 45S\ zl u k� Ij e i No Power? No Problem. ThyssenKrupp Elevator's Battery Lowering Kit is a worry-free solution for building owners and managers in the event of a power outage. Available on hydraulic passenger elevators, the emergency lowering system provides supplemental power to the elevator controller. It operates by ';�"�� monitoring the elevator for power loss, phase reversal and low voltage conditions. If any of these conditions occur, the lowering system is activated. It then closes the doors and sends the elevator to the main exit landing of the building and reopens the doors, allowing passengers to exit safely. The elevator returns to normal operation when power is restored. Features and Benefits • Specifically designed for hydraulic elevators • Reliable solid-state circuitry ensures proper operation • Small, self-contained unit can be mounted on any wall • Maintenance-free battery • Improves passenger safety by eliminating the possibility of entrapment during a power outage • Custom-engineered to operate with your existing controller • Requires a signal from the main disconnect when power has been removed during maintenance Getting trapped in an elevator during a power failure can be frightening to the passengers. With a Battery Lowering Kit, you can be confident knowing your equipment is safe for them to ride, even if a power outage occurs. Order a Battery Lowering Kit from your local ThyssenKrupp Elevator representative or call (877) 230-0303 toll free. ThyssenKrupp Elevator Americas Business Unit e- r t�Yt.ii tl�t isi�s } i tf, tp F N Make A Lasting Impression! Are your elevator doors in need of an extreme makeover? Because you never get a second chance to make a first impression, update your elevators with new car doors from ThyssenKrupp Elevator! Choose from our wide variety of styles to meet your building's decor and demand. Our standard doors are constructed of durable formed metal with a baked enamel finish. They can be accented with a decorative and functional brushed stainless steel kickplate. Upgradable door finishes include brushed or polished stainless steel or bronze, as well as 5WL patterned stainless steel. Custom finishes are available upon request. The standard height of ThyssenKrupp Elevator doors is 7'0" (2134), but can be constructed up to 9'0" (2743) high. There are three styles of doors to choose from: One-Speed j Two-Speed Center-Opening Most economical door Wider opening Permits quickest entry and exit Right or Left hand opening i Right or Left hand opening i Symmetrical appearance } I { You can order your new doors from your local ThyssenKrupp Elevator representative or call (877) 230-0303 toll free. ThyssenKrupp Elevator Americas Business Unit f fl V pp 1p,` 9r t 1 fi il�it£";ii1 co t, Z4 Make it Closed Loop! Over time, door operators may become inefficient and unreliable. Faulty doors are the#1 cause of elevator shutdowns and service calls. Poor door operation also results in car delays, increased waiting time and longer floor-to-floor travel times. The results are frustration, inconvenience, lost time and money. The solution is ThyssenKrupp Elevator's SmartTech II, which converts just about any manufacturer's door operator to closed loop. Our SmartTech II kit includes a new motor, complete with a digital encoder.This digital microprocessor control system ties directly into your elevator controls.The encoder feedback will track the speed and location of the doors, then it will adjust for changing seasons and weather conditions, heavy lobby doors and other obstacles that may result in poor door operation. The kits are supplied with a car top mounted control box and replacement motor. Benefits: • Smoother, more consistent operation • Improved productivity due to shorter wait times • Faster, floor-to-floor travel times • Excellent door performance, regardless of door • Quicker door reversing weight, changing seasons, or weather conditions • Fewer shutdowns and call backs • Latest in elevator door operation technology • Multi-voltage Input/Output Adaptable to Existing Control Systems The SmartTech II is very flexible. Available in 1/3 HP or 1/2 HP AC motors, depending on the application, and is either flange or foot mounted directly to the existing operators. The electronics and motor are powered with a 115 VAC and is capable of interfacing with the following door operators: • HD-73, HD-91 Dover Type D • Otis 6970, 7300, 7700 Dover DC-62 • Haughton • Westinghouse 13132 • ECI 895, 1000 Fujitec • Linear door operator Other door operators can be retrofitted if requested. Ask your local ThyssenKrupp Elevator sales representative or call (877) 230-0303 toll free. ThyssenKrupp Elevator Americas Business Unit IN 11�iiii ii�ii 111 iii ® ® k � F��_� � �!IIII VA}�•axii rI�'i Ii tl 't I — r�'' k a In Case of Fire.. . _ U.S, and Canadian National Elevator Safety Codes require the use of Firefighter's Service Elevator Operation because it saves lives. Despite all of the warnings and signs placed in a building, many people still head for the elevators in the event of a fire. To make buildings safer during a fire, ThyssenKrupp Elevators Fire Service Operation takes the elevators out of service immediately. If your elevators are not equipped with Fire Service Operation, they will continue tooperate as t usual, which could lead to serious injury or death. }_ t�� How Does It Work? Fli` �',` Firefighter's Service is a lifesaving feature that operates in two �V70 � phases. In Phase One, activated smoke detectors or hallway keyswitches direct elevators to go to a fire recall floor. Elevators traveling away from this designated landing reverse direction and proceed without stopping. Upon reaching the designated landing, passengers are able to exit the elevator and building safely. The elevators ' - are then removed from normal service. Once removed from normal service, the elevators will no longer accept car or hall calls. During Phase Two, once the elevator has reached its designated landing and all passengers are safely evacuated, authorized personnel can take exclusive control of the elevator using a special Firefighter's Service Keyswitch. This mode of Fire Service allows firefighters to continue to utilize the elevator to rescue people from other floors. (more)mop- ThyssenKrupp Elevator Americas Business Unit What Are The Benefits? Each ThyssenKrupp Elevator Fire Service system is backed by years of expertise. Our Fire Service unit is more reliable and easier to maintain than any other system. And, we can provide a Fire Service kit that will interface with our elevators, as well as other manufacturer's equipment. In addition, upgrading to ThyssenKrupp Fire Service offers the following benefits: • Compliance with ASME A17.3-2002 3.11.3 • Enables safe evacuation of passengers in the event of a fire • Connects to building smoke detectors and fire stations • Requires only routine maintenance checks after installation By installing the Firefighter's Service Operation, you are increasing passenger safety and making a sound investment in your building. You can order Firefighter's Service Operation from your local ThyssenKrupp Elevator representative. At no obligation to you, ThyssenKrupp Elevator will conduct a survey of your elevators, determine the proper product for the application and present a proposal to complete the upgrade. When you order ThyssenKrupp Elevator's Firefighter Service, you can rest assured that you have product that has been designed for superior operation and safety. Contact your local ThyssenKrupp Elevator sales representative or call (877) 230-0303. ThyssenKrupp Elevator i R0.Box 2177 i Memphis,TN 381011 Tel;(877)230-0303(toll free)i thyssenkruppelevator.com All illustrations and specifications are based on information in effect at time of publication approval.ThyssenKrupp Elevator reserves the right to change w �=' specifications or design and to discontinue items without prior notice or obligation.Copyright©2008 ThyssenKrupp Elevator Corporation. Page 411 of 1106 n� - � — vkiki k v t� g • t ' kat . F 1 A Sound Investment in Your Building's Future! k : f On average, elevator doors open 1.75 million times in 10 years! Over this period of time, door operators become inefficient and unreliable, resulting in poor operation and increased failures. If you are experiencing less than optimal door operation, the HD-LM Door Operator is the answer to improving your elevator system's performance. The HD-LM Door Operator is designed to provide solutions to service, repair and modernization applications. The enhanced performance of the HD-LM complies with consultant's specifications. The built-in versatility of this multi-voltage door operator, along with discrete and serial interfaces makes it ideal for all conversions. Additional benefits include: • Quick set-up guide • Closed-loop positioning through high resolution encoder feedback • Available on dual drive arm for center opening doors • Improved productivity resulting in shorter wait times • Excellent door performance, regardless of door weight, changing seasons, or weather conditions If your elevator door operations are not performing properly, it is time to upgrade to the HD-LM Door Operator. The result will be smoother, faster and more consistent operation with fewer shutdowns and callbacks. Contact your local ThyssenKrupp representative for a no obligation quote. [(877) 230-0303 toll free] ThyssenKrupp Elevator Americas Business Unit �" � --r y 7 ' lilt r� �i Revamp, Revive and Rejuvenate your Hall Lantern with Innovative Multi-Voltage LED Technology. The integration of ThyssenKrupp Elevator's renowned technology with the reliability of ultra bright Light Emitting Diodes (LEDs) makes our lantern and chime upgrade the most dependable on the market. The LED illumination has a life span ten times longer than that of incandescent bulbs. By modernizing with the multi-voltage LED technology, you are able to eliminate the maintenance associated with incandescent bulbs. Features Include: • Increased illumination with eight ultra- Existing bright white LEDs wall Box • Adjustable electronic tone w� i� • Multi-voltage ranging from 24V to 120V 'N • Illumination in white, green or red ' • Compatible with existing wall boxes and Chime faceplates, allowing for easy installation When you order parts from ThyssenKrupp Adjustable _.r a , Standoffs a, Elevator, you can rest assured that you have a product that has been r. designed for superior performance. Contact your local ThyssenKrupp Elevator sales representative or calf (877) 230-0303 toll free. OPO t Lens LED Board Board Holder ThyssenKrupp Elevator Americas Business Unit ®' Ott # L t � 4 s � 1`r r ttt 3 t Safeguard Passengers with ��tJil the Latest Technology Your passengers can enter and leave your elevator �`" ' with greater safety and convenience with our MicroLight electronic door edges, which prevent premature closing of elevator doors. Passengers can use the elevator with complete assurance that the doors will not close as they enter and exit the cab. Safety First ThyssenKrupp Elevator's MicroLight utilizes a technology that is much more reliable than older mechanical safety edge or photo-electric systems. It interrupts the closing of the elevator doors, then reopens them by using an invisible curtain of infrared light beams to detect any object that may be in the doorway of the elevator. Each infrared receptor of our MicroLight reopening device is constantly monitored to determine its status. If even one of the beams is broken, the door will not close or will reopen immediately if already closing. The beams are located so close to each other that the MicroLight will detect something as small as a child's hand, resulting in less risk of injury for your passengers. Features and Benefits: • Fills doorway with light curtain from floor to 6 feet. • Eliminates the use of mechanical parts through state-of-the-art technology. • Increases elevator reliability and reduces door-related failures since there are fewer moving parts. • Advanced diagnostic capabilities. • Helps reduce damage and liability. • Compliance with ASME A17.1 and CSA/CAN-1344 Codes. Come up to code with ThyssenKrupp's MicroLight electronic door edge and give your passengers peace of mind about your elevators. Contact your local ThyssenKrupp Elevator sales representative or call (877) 230-0303 toll free. ThyssenKrupp Elevator Americas Business Unit 9 ti t' t -1 r of 1 1 ti I 2 1� r �y n < - I�l� a•fir .r. A safe service area. ThyssenKrupp's Car Top Rail Kit was designed to provide a safe working area on the elevator car top for service mechanics. The kit meets ASME A17.1-2000 Code, which requires special railing if there is more than 12" of space between the car and the adjacent hoistway wall. Our car top rail kit, designed with heavy-duty Unistrut° modular components, includes all hardware and angle brackets needed for ease of installation. Benefits: • 42" high railing for code compliance • A safer, more stable working platform • Available in two sizes, easily adapting to most car configurations • Expansion kits available for larger cars • In-stock and ready for immediate shipment With ThyssenKrupp Elevator's car top rail kit,you can rest assured that you are purchasing a high quality product for superior safety. Contact your local ThyssenKrupp Elevator sales representative or call (877) 230-0303 toll free. ThyssenKrupp Elevator Americas Business Unit ' V BRR 1 t s t s ti J �} { Optimal hydraulic \a performance. '1�1131ty ,U �t v�} ThyssenKrupp Elevator offers a wide range of � power unit replacements, enhancing virtually any hydraulic application. The superior design l and precise operation of our power units increase leveling accuracy, ensure smooth starts and stops, and improve passenger safety. Why upgrade? �r} � A power unit is equivalent to the engine on a car. It is what drivesit( the elevator. It is made up of mechanical components that can wear out over time. For elevators 10 years old or more, a power unit replacement Submersible can reduce downtime, increase elevator performance, offer quieter Power Unit operation and reduce vibration. Each power unit includes the pump motor, muffler, valve, tank and piping. Manufactured with Precision. Certain features of your elevator drive the size of the power unit that you need to specify when ordering a replacement. These features include measurements of the cylinder, elevator capacity, current speed and gross load on the power unit. Every ThyssenKrupp power unit is built according to the options you choose. It is then pre-adjusted and tested specifically for your job conditions. We also pre-wire your power unit for easy installation. ThyssenKrupp Elevator Americas Business Unitrt 10 E?"kno "Im Highest Quality Standards Since a power unit is a major component of the elevator, all major elevator companies manufacture power units in their factories. The benefits of the ThyssenKrupp product are the quality and precision, as well as the testing, that occurs in the factory prior to shipment. If`, Hydraulic elevators only perform as well as the valve. If the flow of oil from the power unit to the jack is erratic, the performance of your elevator will be as well, causing your elevator to level improperly. The solution is ThyssenKrupp Elevator's patented I-Series°valve. The pistons in our 1-20 and 1-30 valves are machined to reduce friction, making the operation of the elevator smoother, 2 Valve quieter and more consistent. Every valve that leaves our U.S. manufacturing facility is tested for leaks and to Silencer � ensure that it meets specific pressure and load requirements. A custom-built welded manifold ties the valve to the power unit. These manifolds are tested to twice the working pressure of the jack to ensure proper functionality. Our exclusive valve, silencer and motor designs contribute to the overall dependability and outstanding 1-3 Valve performance of the best-selling hydraulic power unit on the market. Compact and quiet. Power Units come in two versions, dry and submersible. A submersible unit takesi less space by submersing the motor and pump in the tank. This design greatly �{;,�°`a,��`�� � j reduces the noise created during regular elevator operation. ThyssenKrupp's submersible power unit is capable of pumping up to 260 gallons per minute for all , motor voltages and is small enough to fit in virtually any machine room. film Ultimate in speed and travel. A dry power unit provides more power and lifting capability to move larger capacities II at higher speeds. ThyssenKrupp Elevator's dry power unit comes complete with an open frame-mounted pump, motor and I-Series valve. The open frame provides ` ample access to every component, allowing for easier maintenance. Our high output pump and motor combinations are capable of producing up to 350 gallons '� ,, per minute, available for any voltage. `r Power Range Data Dry Power Unit I Mill EP (Submersible) 5 I 60 - _ ...,m........ CP (Dry) 5 25 AP (Dry) 7.5 75 When you order from ThyssenKrupp, you can rest assured that you have a product that has been designed for consistent operation and superior safety. Contact your local ThyssenKrupp Elevator sales representative or call (877) 230-0303 toll free. ThyssenKrupp Elevator I P.O.Box 2177 1 Memphis,TN 381011 Tel:(877)230-0303(toll free)I thyssenkruppelevator.com All illustrations and specifications are based on information in effect at time of publication approval.ThyssenKrupp Elevator reserves the right to change k specifications or design and to discontinue items without prior notice or obligation.Copyright©2007 ThyssenKrupp Elevator Corporation. Page 417 of 1106 G n f l f �h CittiA»�,py5 �� �t a t �i S ,ti IkS�Q�lly.�4nZ d y ( � t VSs jlt'i iuTr 4 i - � wo Rim The Smart Choice When it comes to upgrading hydraulic elevator controllers, ThyssenKrupp Elevator's TAC22 is the controller of choice. Every TAC22 control system is manufactured to meet passenger safety guidelines, fire safety standards and ADA requirements, as well as ThyssenKrupp Elevator's own rigorous standards for quality, performance and reliability. This unique control system has been developed by the industry's leading research and development team specifically for existing hydraulic elevator applications. Flexibility and Performance The flexible design of the TAC22 control system makes it compatible with existing door operators, power units, signal fixtures and other major components. Whether upgrading only the controller or replacing the entire elevator system, the TAC22 offers an economical solution. And with improved, more efficient installation techniques, both downtime and inconvenience are minimized. The TAC22 control system will improve the performance of any brand of hydraulic elevator by increasing reliability and making smarter traffic-handling decisions. The microprocessor-based system of the TAC22 offers better diagnostic capabilities and easier troubleshooting than other control systems. An on-board owner's service tool provides all the diagnostic equipment required for adjusting, maintaining and trouble-shooting the system. ThyssenKrupp Elevator Americas Business Unit �° MEN ME Intelligent Monitoring ThyssenKrupp Elevator's computer-based Intelligent Monitoring System [IMS] offers building managers and service technicians the opportunity to monitor elevator actions from anywhere in the building. Through IMS, you 7 can view historical traffic data, run reports and view activities in real-time. u ���, s IMS increases building security by offering features such as floor lockouts ' I and car call-coded access. In addition, monitoring of both hydraulic and traction elevators can occur at the same time, on the same system. Planning for Your Future The TAC22 features flash technology, which allows for simple software modifications through a CPU without the need to install physical components. When you're ready for upgrades or enhancements, the TAC22 will be ready to change with you. Superior Products, Superior Service At ThyssenKrupp Elevator, our standards are so stringent that no one comes close to providing more reliable and durable end products. The result? Peace of mind that comes from knowing we're committed to providing you with superior products, along with superior service that is second to none. Contact your local ThyssenKrupp Elevator representative for more details. 10% 7W dr t a g 33' r `— 33„ I Thyssenkrupp Elevator I P.O. Box 2177 1 Memphis,TN 381011 Tel:(877)230-0303(toll free)I thyssenkruppelevator.com All illustrations and specifications are based on information in effect at time of publication approval.ThyssenKrupp Elevator reserves the right to change q7 p ANSI ppB v specifications or design and to discontinue items without prior notice or obligation.Copyright©2007 ThyssenKrupp Elevator Corporation. ,,. (. .D, Page 419 of 1106 CDtf � 1 11SS�r i��si}��S j- 4Sf Il,s t 1Si iA11 jjjj�,[ I i t 4 p � S •— -- ��:'_ �SSS � � Sr I� � 1. t � 1 1�k3<T . s s� n r��t'4?u� pl Et l e 1 —6111 vato r 1 Perfection in performance. Upgrading to ThyssenKrupp Elevator's TAC50M controllers will improve the performance of your traction elevators, even if they are just a few years old. The TAC50M control system provides the highest degree of flexibility in matching elevator performance to the changing characteristics of passenger demands in tomorrow's buildings. With features such as Destination Dispatch", Intelligent Monitoring System [IMS], cross- assignment and the flexibility to retain existing equipment, TAC50M modernizations are nearly seamless. Energy efficiency. ThyssenKrupp Elevator's 10K Drive" System is regenerative starting at 30HP, meaning that it recycles unused electricity. In fact, the VVVF system is so energy efficient that its "power factor" approaches 1.0, the perfect operating condition. The power factor is important because it is a measure of how efficiently a device uses energy. The closer to 1.0, the more efficiently your elevator is running. To encourage efficient use of energy, many utility companies offer discounts or lower rates to customers that generate excellent power factors. Utilizing our 10K Drive can save you up to 35% in energy costs over other drive systems and can assist with obtaining LEEDS" certification points. ThyssenKrupp Elevator Americas Business Unit ' , „ „ ,, ,_: , - , l v41t =01101111 r ',- Ss,t s t.- s.},e. r< ,, - st 2_ .3ar_ � .. ti�t a t 7 -?t.,,�iSV11ti1111111flh.sQ.1\U19C,\h1, d�#,tx , -f.i,... t22P }1 r.h 4 4:- S,..,{{~h`}iw,. ).,... 1 k.- t 1�t\2 r �t�S£}t,a"t111�\t �i� � �'kr„: ��`� ���� .55yS„ Y , i)-t�,-. t ta���` tart ii� �1{ ,y. ,` t-�1Ys� E �(�J>?��� x t ___2�s�� uVersatility. The TAC50M offers multiple cabinet sizes to suit your machine room. This controller comes with both a car top box and a machine room box to allow adaptation for virtually any type of modernization project. The car top box, a central junction point, communicates with the controller via a single traveling cable. All car components are wired into the car top box, allowing for discrete or serial P communication from all devices, including existing equipment. The machine room L box allows communication to hall fixtures, whether new or existing. With TAC50M, we offer solutions that meet all of our customers' fixtures. r Choose ThyssenKrupp. "',ii ThyssenKrupp Elevator {��0�i��� continues to set standards .,,� � so stringent rin nt that no one . _ comes close to providing more Car Top Interface reliable and durablep roducts. Tl�p,senKi i(:p f ev,iUx With an extensive background of the latest computerized technologies applied to elevator systems, ThyssenKrupp Elevators' engineers can determine the most logical system to meet the expected requirements for your building while providing flexibility for the unexpected. With ThyssenKrupp Elevator's TAC50M controller, hoisting equipment, cabs and accessory items, you get the finest elevator system available. Let us help you plan your vertical transportation equipment for maximum efficiency and economy. For more detailed information about ThyssenKrupp Elevator's TAC50M controller, £„ ' or any of its performance enhancements, please contact your local sales representative 1at(877) 230-0303 toll free. We will gladly survey your existing equipment with no obligation and give you options on how ' we can improve the performance and I appearance of your elevators. 41,11 x � t� IIIIII�,IIIIII ' , Machine Room Box 6 ft. Standard Front Entry Cabinet ThyssenKrupp Elevator I P.O. Box 2177 1 Memphis,TN 381011 Tel: (877)230-0303(toll free)I thyssenkruppelevator.com � All illustrations and specifications are based on information in effect at time of publication approval.ThyssenKrupp Elevator reserves the right to change •,LANs©€� specifications or design and to discontinue items without prior notice or obligation.Copyright©2008 ThyssenKrupp Elevator Corporation, Page 421 of 1106 I � Ali � s, r r 1,9�,f .. 4 Evacuation Deterrents ' Passengers who become trapped in elevators may try to w self-evacuate by opening the car doors between landings, putting t themselves at risk of serious injury or death. In an effort to reduce this *` risk, national codes require evacuation deterrent devices on elevators. It is important that trapped passengers remain in the elevator until trained personnel arrive or until power is restored to the system and the car resumes normal operation. Door Restrictors, which prevent elevator car doors from being opened if the elevator is outside the unlocking zone, ensure that doors remain closed until appropriate action can be taken. ThyssenKrupp Elevator offers two options of Door Restrictors from which to choose: • The Restrictor Clutch is mounted to the car door with a simple linkage arrangement. It is mechanical, so it does not need batteries, and it can be used on all new equipment or retrofit installations. • A Hoistway Door Restrictor Kit is mounted directly to the car door, with two vanes mounted at each floor. This arrangement is ideal for low-rise applications and once installed, is virtually maintenance-free. The installation of Door Restrictors improves passenger safety, meets national code and is a sound investment in your building's future. To determine which Door Restrictor configuration best fits your application, contact your local ThyssenKrupp Elevator representative or call (877) 230-0303 toll free. ThyssenKrupp Elevator Americas Business Unit Value Add #3 — Eco & Energy Saving Upgrades Summary: o Pricing control and quality equipment. o Enviromax—Vegetable based Hydraulic Fluid o LED Retro Kits — Lasts 90% longer and halogens o Econolight— Eliminates 60% of wasted Energy o All members will be notified of product availability. Detail Description: o Products are manufactured in Middleton, TN Facility. o Units are certified by the local authority. o Upgrades are done at the local customer site. o Upgrades are performed by TKE employees, trained and certified by the IUEC. o These products are not proprietary, competition is all major providers. Additional Information and Samples: o Enviromax— Exhibit 13 o LED Cutesheet— Exhibit 14 o Solid Starter Kit— Exhibit 15 o Solid Starters — Exhibit 16 o Econolight— Exhibit 17 Page 423 of 1106 UPGRADES n SUSTAINABILITY PERFORMANCE ENVIRO enviromax®is the industry's first high-performing, vegetable- based hydraulic fluid. It is formulated from canola oil,which is rapidly renewable, readily biodegradable, and hasy� � �7L �`'��t ;�,ak` minimal effects on the environment.When tested at an independent laboratory ' RE � 1 for aquatic toxicity, the results '; h��zt were well above government � standards. It is the only USDA(United ' ,ItOE 1 States Department of Agriculture) certified biobased product. a . Ao USDA BioPreferred �`� `` with 92%Biobased Content t ,,A, 95%petroleum free 100%recyclable Temperature stable Readily biodegradable Made in North America �� �n�U�; • Rapidly renewable Contains no zinc ' O Energy conserving and High lubricity and viscosity cost saving USDA �i'i� 'iIIII CERTIFIED - N sk BIOBASED MA PRODUCT ThyssenKrupp Elevator Americas PRODUCT 92% ..�.._... .. u....:....................- - Page 424 of 1106 UPGRADES SUSTAINABILITY PERFORMANCE LED RErRi DOWNLIGHT The LED retro kit is intended to replace halogen fixtures with LED fixtures utilizing the existing ceiling and space.The standard kit features downlight cans, LED lamps, external 24 VDC power supply, dimming, battery backup, all applicable wiring, and a two-year warranty. ; The downlight cans are available in black and brushed stainless steel finish with museum-quality full-spectrum waw• lighting that enhances and compliments cab interiors. Brushed Stainless Steel Features Fits 2112"to 2314"hole size Lasts 90%longer than halogens, with a life expectancy Black of 50,000 hours Mercury free �* No UV light Resistant to vibration and shock Benefits Uses 75-90%less energy 75%less heat �= r Battery backup lighting is brighter, longer-lasting, k, and standard in every kit Reduces maintenance costs 2010 A2.17.4 code compliant Product Details Wattage 4.3 W LED Color 3500k or 4100k CRI >80 Luminous Density 2601m Efficacy 60 Im/W @ 12V DC � lliliM i P 1 / ThyssenKrupp Elevator Americas Page 425 of 1106 t i — f + a, u t r INN Minimize Power Surges Why replace contacts when you can upgrade to the reliability of a solid-state starter? Contacts wear with time and eventually require replacement. Prior to replacement, continual maintenance checks are required to ensure that the contacts are functioning properly. Wear and tear on the contacts may result in malfunctioning equipment or even motor burnout, resulting in a "shutdown" situation. To eliminate this wear& tear, mechanical contacts are quickly becoming a thing of the past. ThyssenKrupp Elevator offers the most advanced elevator starter, which applies smooth and steady current to a motor. Conventional motor starters can cause power surges, or "spikes", which limit the optimal performance of other systems throughout the building.With solid state starters, sudden power surges are eliminated,thereby reducing the elevator system's impact on electrical equipment in the building.And,solid state starters are flexible,allowing you to select the starting current that is best for your motor. Benefits: • Reduced maintenance • Phase loss protection, preventing motor burnouts and extended shutdowns • Optimal motor start-up time for shorter floor-to-floor times • Less severe starting currents, prolonging motor life • Noise reduction during normal operation, because contacts are eliminated Turn the page to select the starting current that is best for your motor. Contact your local ThyssenKrupp sales representative or call (877)230-0303 toll free. ThyssenKrupp Elevator Americas Business Unit ' Choose the ThyssenKrupp Elevator Solid State Starter for your application. !1 11 1 1 ! 1 .f •fl .1 •If •mf •.1 9739040 5-15 HP 5-10 HP 5-15 HP 5-10 HP 5-20 HP 5-15 HP 5-30 HP 5-25 Hp 5-30 HP 5-25 HP 5-40 HIP 5-30 HP 9739051 20 HP 15 HP 20 HP 15 HP 25 HP 20 HP 40 HP 30 HP 40 HP 30 HP 50 HP 40 HP 9739087 25-30 H 50 HP 40 HP 50 HP 40 HPP 20-25 HP 25-30 HP 20-25 HP 30 40 HP 25-30 HP 60 HP 50 HP 60 HP 50 HP 75 HP 60 HP 9739099 40 HP 30 HP 40 HP 30 HP 50 HP 40 HP 75 HP 60 HP 75 HP 60 HP 100 HP 75 HP 9739129 50 HP 40 HP 50 HP 40 HP 60 HP 50 HP 100 HP 75 HP 125 HP 100 HP n, 7.5 HP 7.5 HP 10 HP 10 HP 15 HP 15 HP 9739154 20 HP 20 HP 25 HP 25 HP 30 HP 40 HP 30 HP 50 HP 40 HP 9739166 60 HP 50 HP 9739221 I 60 HP 75 HP 60 HP 9739233 75 HP 100 HP 75 HP 9739245 125 HP 100HP 9739257 150 HP 125 HP 9739269 76 HP 75 HP 6HP HIP 75 HP This chart represents 6 and 12 lead soft starters.Contact your parts department for 3 and 9 lead soft starters. ThyssenKrupp Elevator I P.O.Box 21771 Memphis,TN 38101 Tel:(877)230-0303(toll free) thyssenkruppelevator.com All illustrations and specifications are based on information in effect at time of publication approval.ThyssenKrupp Elevator reserves the right to changeXSI US . specifications or design and to discontinue items without prior notice or obligation.Copyright©2008 ThyssenKrupp Elevator Corporation. .,. (.,.D, Page 427 of 1106 UPGRADES PERFORMANCE SOLID STAR r ri "q•,� i Conventional motor starters create power surges ("spikes"), which cannot be detected by mechanical contacts, in a building's electrical feeders.These e spikes may limit the optimal performance of computer systems and electrical equipment and may result in malfunctioning equipment or even motor burnout, leading to a shutdown. Solid state starters eliminate sudden power surges, reducing an elevator system's impact on the building's electrical equipment.The component supplies a motor with smooth and steady current, eliminating the large influx of current typically created by older, mechanical starters. No starter contacts used during normal operation Less severe starting Reduced stress on the motor windings Prolonged motor life Quieter operation No regular inspection or maintenance required ThyssenKrupp Elevator Americas 0A Page 428 of 1106 UPGRADES R SUSTAINABILITY PERFORMANCE ECONOLI,, {} Econolight is a lighting control device that is designed to conserve energy by turning the I , lights off in the cab when it has been idle for a designated period of time and other I parameters are met. Econolight is a sustainable solution that eliminates approximately 60%of �I wasted energy in an idle elevator. Econolight may also be attached to the cab fan to conserve additional f energy by shutting It of when the elevator is not in use. With . Econolight, energy use could go from 24 hours a day to as little as 9.5 hours a day, reducing CO2 emissions by 193,000 tons per year. { C Conserves energy }ti1,,a f Increases the value of the elevator �h r and building w ' Bulbs last longer 5 year or less payback period in energy savings ThyssenKrupp Elevator Americas s ' Page 429 of 1106 Value Add #4 — Telephone Monitoring Summary: • Direct line monitoring • No 3`d party involved, service calls go directly to the service provider • Faster service to contracted members Detail Description: • Products are manufactured in Middleton, TN Facility • Services performed through TKCommunications in Coppell, TX • TKE employees trained and certified in process for emergency call and dispatch. Additional Information and Samples: o SoundNet Brochure Exhibit 19 Page 430 of 1106 EMERGENCY COMMUNICATIONS SOUNDNEr EMERGENCY COMMUNICATIONS.THYSSENKRUPP ELEVATOR OFFERS YOU THE MOST ADVANCED ELEVATOR EMERGENCY COMMUNICATIONS PRODUCTS AND SERVICES. s i i �,Satl t Sl�, �aSy���tt lf�ll��C li!clrnoIogy inakes P possible. ("ollunjiment ljjah�y it work. ThyssenKrupp Elevator Americas Business Unit Q),"/, Page 431 of 1 3 EMERGENCY COMMUNICATIONS 24- hour elevator emergency monitoring service . V C SOUNDNET° EMERGENCY COMMUNICATIONS, EMERGENCY COMMUNICATIONS SPECIALISTS, SoundNet:A 24-hour elevator emergency monitoring service. SoundNet Call Center personnel are highly trained elevator and emergency communication specialists: International Technical Services-Americas' SoundNet Call Center is the centralized dispatch arm of ThyssenKrupp •Answering in excess of one million calls annually. Elevator. Its primary two responsibilities are elevator monitoring • Handling after-hours emergency dispatch for more than and after-hours dispatch. SoundNet monitors elevator 200,000 units in North America, telephones 24-hours a day, 365 days a year, dispatching service calls and answering after-hour business calls for • Responding to 80%of all service request calls in ten ThyssenKrupp branch offices throughout North America. seconds or less. • Operating in two sites—the main dispatch center is in SoundNet call representatives are trained to handle elevator Coppell,Texas and the"back-up"center in Irving,Texas. emergency situations.They will quickly assess the situation • Having both English and Spanish speaking capabilities. and dispatch the proper help. If needed,they will stay on the We also utilize a professional language assistance service, line, remaining in constant contact with the passenger, assuring which offers translation services in 130 languages. them that help is on the way.A digital record of the time, date, and location of each call insures accurate response information. ' Digitally recording 100%of service request calls to and Computerized and hard copy documentation of calls received from the call center, and action taken protects passengers and building owners. Page 432 of 1106 t� r t t� ADA COMPLIANT EMERGENCY TELEPHONES. MAKE THE SOUNDNET CONNECTION. ThyssenKrupp Elevator offers superior equipment in ADA phones. Integrate all of your elevator emergency communications Designed for ease of use by the hearing,speech,or sight impaired, needs, SoundNet provides a cost-effective way to meet these"hands-free"phones are activated by pushing a single button. all ADA requirements, insuring quick, accurate responses Two-way communication is then automatically established with the to elevator emergencies that can reduce your liabilities monitoring station.When programmed to SoundNet's emergency exposure. SoundNet services can be incorporated into a service,a series of DTMF tones immediately relays your building's customer's existing maintenance agreement,or billed location and elevator number to a SoundNet call representative. separately. Either way, making the SoundNet connection A visual indicator on the will provide you with a single source for taking care of all phone informs the user of your elevator's emergency communications needs. that the call went through and help is on the way. i Page 433 of 1106 AN illusNAROns arid spe(rficattOM art based on information-n eftd at Woe of publicatran approval.ThyssenKrupp Fluvalor rtlsorves the rNght to diarige sp Lic Ticsatrrarts or Lies dry and to diswnlinuo ilems Woftlrrt prior n0ce or oWigation. Copyright 0 2007 Thy.qsrnKrupp Hilvatior Corporation, ThyssenKrupp Elevator P.U. Box 2177 Memphis,TN 38101 Tel: 877-230-0303 (Toll Free) thyssenkruppelevaLor.com Page 434 of 1106 t t' .�I W ADDITIONAL REQUIRED DOCUMENTS DOC#1 Clean Air and Water Act DOC#2 Debarment Notice DOC#3 Lobbying Certification DOC#4 Contractors Requirements DOC#5 Antitrust Certification Statement FOR VENDORS INTENDING TO DO BUSINESS IN NEW JERSEY: DOC#6 Ownership Disclosure Form DOC#7 Non-Collusion Affidavit DOC#8 Affirmative Action Affidavit DOC#9 Political Contribution Disclosure Form DOC#10 Stockholder Disclosure Form New Jersey vendors are also required to comply with the following New Jersey statutes when applicable: All anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A, 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38. Compliance with Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act. Compliance with Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26 Bid and Performance Security, as required by the applicable municipal or state statutes. 48 of 162 Page 435 of 1106 DOC#1 Clean Air and Water Act I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. Potential Vendor: ThyssenKrupp Elevator Title of Authorized Representative: National Account Manager Mailing Address: 114 Town Paris Dr Suite 300 Kennesaw, GA 30144 Signature: ` 49 of 162 Page 436 of 1106 DOC#2 Debarment Notice I, the Vendor, certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations. Potential Vendor: ThyssenKrupp Elevator Title of Authorized Representative: National Account Manager Mailing Address: 114 Town Park Dr Suite 300 Kennesaw, GA 30144 Signature: 50 of 162 Page 437 of 1106 Doc#3 LOBBYING CERTIFICATION Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by Section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies,to the best of his/her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly. Sig aftfr,e o Re pondent P L/ote 51 of 162 Page 438 of 1106 DOC#4 CONTRACTOR CERTIFICATION REQUIREMENTS Contractor's Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the Region 4 ESC Participating entities in which work is being performed. Fingerprint&Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed. Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. 77 Si natur ofe pondent Irate A-/ 52 of 162 Page 439 of 1106 DOC#5 ANTITRUST CERTIFICATION STATEMENTS (Tex. Government Code § 2155.005) 1 affirm under penalty of perjury of the laws of the State of Texas that: (1) 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. c y�. Vendor Jeff Jaudes Offeror w `{ �1g ture -ThyssenKrupp Elevator Printed Name Address 114 Town Park Dr Suite 300 Position with Company - Kennesaw, GA 30144 Authorizing Official /Sig atu Phone 972-365-6128 (1 w" Jeff Jaudes Fax 866-385-5571 Printed Name National Account Manager Position with Company 53 of 162 Page 440 of 1106 DOC#6 OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent(10%)or more of the firm presenting the proposal. Company Name: Thyssen Krupp Elevator Street: 114 Town Park Dr Suite 300 City, State, Zip Code: Kennesaw, GA 30144 Complete as appropriate: certify that 1 am the sole owner of that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: 1a partner in do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one(1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation's stock or the individual partners owning 10% or greater interest in that partnership. OR: I Jeff Jaudes an authorized representative of ThyssenKrupp Elevator Corporation a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10%or more of its stock of any class. I further certify that if one(1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation's stock or the individual partners owning a 10%or greater interest in that partnership. Note: If there are no or ownm 10%or more interest. indicate none.) . �_. 1 NameAddress Interest iiy InKrupp Eleyatqi Go id af- of Tt' ser$K-r—ui t?Anter cas t orr. None- I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. 6/25/2015 Date tilt rized Signature and Title 6 54 of 162 Page 441 of 1106 DOC#7 NON-COLLUSION AFFIDAVIT Company Name: Street: City, State, Zip Code: State of New Jersey County of 0 AJ YM iAN11-1-jqLZS of the C—e—A&r-VA-0 Name city in the County of hA S?-0 L-'C-S1—>e I state of NSA of full age, being duly sworn according to law on my oath depose and say that: am the v tcv-- 92--t-s 1 ofthe firm of Title Company Name the offeror making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that / executed the said proposal with full authority to do so; that said offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by Company Name Authorized Signature & Title Subscribed and sworn before me day of -P this 20__�5 Notary Public of New Jersey My commission expires 20_ID SEAL actvy Pubk-SW of New*Soy Commission#2421565 4MY Comm,ExpiLes-101-2.214 5 of 162 Page 442 of 1106 DOC #8 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: P,'145ssWF-R Street: zs mmtJ City, State, Zip Code: NJ—, o-loi Proposal Certir Ication: Indicate below your compliance with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Rggaired Affirmative ActLon Evidence: Procurement, Professional&Service Contracts (Exhibit A) Vendors must submit with 12rol2osal.A photo copy of their Federal Letter of Affirmative Action Plan Approval OR 1. A photo copy of their Certificate of Employee Information Report OR 2. A complete Affirmative Action Employee Information Report(AA302) Public or —Over 190,00 Total Prgiect Cost., A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the Harrison Township Board of Education B. Approved Federal or New Jersey Plan—certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. as - a Date Authorized Signature and Title 56 of 162 Page 443 of 1106 a � t RECEIVED MAY 0 12014 THYSSENKRUpp ELEVATOR DEPARTMENT THE TREASURY CHRIS CHRISTIE DIVISIONOF PURCHASE&PROPERTY SIDAMON-ERISTOFT I Governor CONTRACT O Li AUDIT USlate Treasurer KIM GUADAGNO O MONITORING PROGRAM Lt.Governor P.O.BOX TRENTON.NJ OR625-0206 ISSUANCE OF CERTIFICATE OF EMPLOYEE INFORMATION RE,PORT Enclosed your Certificate of Employeeinformation Ra ort(hereinafter referred to as the "Certificate" issued basedon the Employee Information Report ( - form completed y representative of your company or firm. Immediately upon receipt, this certificate should forwarded to the person in your company or firm responsible for ensuring equal employment opportunity and/or overseeing the company or firm's contracts i public agencies. Typically, this person may be your company or firm's Human Resourcesr, Equal Employment Opportunity Officer or Contract Administrator. If you do not know to whomthe certificate should be forward, y forward it tote head of your company or firm. Copies of the certificate should also be distributed to all facilities of your company or firm who engage i bidding on pulic contracts in NewJersey and who use the same fcderal identification number and company name. The certificate should e retained in your records untilthe date it expires. This is very important since a request fora duplicate/replacement certificate will result in a 7 .00 fee. On future successful i s on public contracts, your company or firm must present photocopy othe certificate tote public agency awarding a contract after notification of the award but prior to execution of a goods and services or professionalservices contract. Failure to present the certificate it ` the time limits prescribed may result in the awarded contract being rescindedin accordance with .J. . 17:27-4.3b. Please be advised that this certificate has beenapproved only for the time periods stated on the certificate. As early as ninety( ) days prior to its expiration, the Division will forward a renewal notification. Upon theDivision's receipt of a properly completed a al application and $150.00 application fee, it will issue a renewal certificate. In addition, representatives from the Division may conduct periodic visits or request additional information to monitor an evaluate the continued equal employment opportunity compliance of your company or firrii, Moreover, the Division may provide your company or firm with technical assistance, as required. Please be sure to notify the Divisionimmediately if your company's federal identification number, name or address changes. If you have any questions, please call ( ) 292-5473 a representative will be available o assist you. Enclosure(s) (AA-01 Rev. 1 /11) New Jersey Is tin Equal Oppornrnity Employer®Primed aro Recycled and Recyclable Paper Page 444 of 1106 3 1 � r i ��° "� 1•r � `,:� v,a}% x� eNhs.. e� J x '4rS �;,� d �a�:T.� ��� i �l� �19 .r t Page 445 of 1106 P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, 57 of 162 Page 446 of 1106 universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:271. of Procurement Agent 58 of 162 Page 447 of 1106 DOC#9 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L.2005,c.271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (www.nj,qtau/ ­­dc,a/i s/Iffis/Ifn menu.ShIml). 1. The disclosure is required for all contracts in excess of$17,500 that are not awarded pursuant to a"fair and open"process(N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions,the public agency should consider allowing data to be submitted in electronic form(i.e.,spreadsheet,pdf file,etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolulions of award should resect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions,and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each County. They can be downloaded from the"County PCD Forms" link on the Pay-to-Play web site at rtThey will he updated from time-to-time as necessary. b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based,they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list that covers all contributions,regardless of the county. These submissions are appropriate and should be accepted, d. The form may be used"as-is",subject to edits as described herein. c. The"Contractor Instructions"sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form;where that is not the case,the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs,and posted for download on web sites, used as an e-mail attachment,or provided as a printed document. 5. It is recommended that the contractor also complete a"Stockholder Disclosure Certification." This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. 59 of 162 Page 448 of 1106 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a "fair and open" process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: • any State, county, or municipal committee of a political party • any legislative leadership committee" • any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office: 0 of the public entity awarding the contract 0 of that county in which that public entity is located 0 of another public entity within that county 0 or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: • individuals with an "interest" ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, "a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor's responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content- consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor's submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. 60 of 162 Page 449 of 1106 NOTE: This ction does not apply to Boardof Education contracts. N. . . 19A4A-3(s): "The term I'logloWive leadership committee"means a committee established, authorized to be established,or designated by the President of the Senate,the Minority Leader of the Senate,the Speaker of the General Assembly or the Minority der of the General Assembly pursuant to section 16 of P.L.1993,c.65(C.19:44A 10.1)for the purpose of receiving contributions and making expenditures." 1 of 162 Page 450 of 1106 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To NA.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. 11ar-t f - Vendor Information Vendor Name: ThyssenKrupp Elevator Address 114 Town Park Dr Suite 300 Cf : Kennesaw State: GA ZI 30144 The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the lntr�,icto ,accc�lr�'rpar�yiri this form. TA r --- Jeff Jaudes National Account Mana er Iglu e Printed Name Title Part II —Contribution Disclosure — ._......._.. e.--- __ Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. Check here if disclosure is provided in electronic form. Contributor Name Recipient Name Date Dollar Amount No Political Contributions were made. $ ...._ __.... - .... _..� ❑ Check here if the information is continued on subsequent page(s) 62 of 162 Page 451 of 1106 Continuation Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORD Required Pursuant To N.J.S.A. 19:44A-20.26 Page_of Vendor Name: Contributor Name Recipient Name Date Dollar Co Amount ....... ------------- _ ....� _. ,. �. —__ _..... _. r _. w..a. _._ ..........._.._.... .. ..._._— e _ ....e w ._. —__ ___--------- I .... Check here if the information is continued on subsequent page(s) 63 of 162 Page 452 of 1106 List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 ..............._._. County Name: State: Governor, and Legislative Leadership Committees Legislative District#s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM WWW.N3.G0Vjj2fALLGSLE2P A COUNTY-BASED, CUSTOMIZABLE FORM. 64 of 162 Page 453 of 1106 DOC#10 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: 13 I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR 0 I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: 13Partnership ®Corporation Mole Proprietorship 0 Limited Partnership 0 Limited Liability Corporation 13Limited Liability Partnership 0 Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: ..__..v Name: Name: Home Address: Home Address: .............. Nam11 e: Name: Home Address: Home Address: -. ..... Name: Name: Home Address: Home Address Subscribed and sworn before me this day of '2 (Affiant) (Notary Public) (Print name&title of affiant) My Commission expires n —�... ,..... (f vrDlarate Seat) . 65 of 162 Page 454 of 1106 ACKNOWLg2GMENT AND ACCEPTANCE OF REGION LESVs OPEN RECORDS POLICY Signature below caartiJfas complete acceptance of Region 4 E C:`s Open Records Policy, except as ratted below(additional pages may be attacher, if necessary). Check Orme of me following responses to the Acknowledgment and Acceptance f Region 4 ESCs Open Records Policy below: We acknoMedge Region 4 ESUS Open Records Policy and declare that no information submitted d €ith this proposal, or any part of our proposal, is exempt frorn disclosure under the Public Iraforrraation Act. (Nota: All information believed to be a trade sacrat or proprietary must be listed below, it is further understood that failure to identify such information, in strict accordance with the instructions below, will result in that inforyaation being considered public information and released, if requested tinder the Public Information Actj We declare the following information to be a trade secret or, proprietary and exempt from disclosure under the Public Information Act. (Note. Offeror mist spedfy spedpage-by-page and fine-by-line the parts of the response, which it believes, are exempt, In addition, Offeror r rrmust specify which exception(s)) are applicable and provide detailed reasons to substantiate the excephon(s)- Please ser:Tab 6 Pages 4-13 ihyssankfupp Flevatm holds Oils pricing informatlun fear the members a3 trade secret as€air would like Qo W,emsidered NMI fele8&e thraaaryh{tiO Public Information Act VVe are rarqueOnq this to keep our COMPOilOfs rrr,r:arcefi5419 e air pr9crrxg Wa have no Issue with the:memberships having accr;aaa to this Date 410joriAd Signature & Title 'Jeff Jlaud,s, GEA ationai Account manager q of 167 06 Maintenance Agreement — in Reference to TCPN contract# for the Protection of Vertical Transportation Equipment A. THIS AGREEMENT (hereinafter "Agreement") made and entered into on this day of 2015 by and between having an address of (hereinafter referred to as "Purchaser"), and, ThyssenKrupp Elevator Corporation, a Delaware corporation, having an address of 114 Townpark Drive, Kennesaw, Georgia 30144 (hereinafter referred to as "Contractor"). In consideration of the mutual covenants contained herein, Contractor agrees to perform the services described herein and Purchaser or its members agree to pay the amounts described herein, all on the terms and conditions set forth in this Agreement. WHEREAS, B. The Purchaser is engaged in the DESCRIBE business either as a real property owner or manager (or as a part in joint ventures or consortiums to that effect); and C. The Service Provider is engaged in the business of servicing and repairing elevators, escalators and other vertical transportation equipment. NOW THEREFORE, the Parties hereto agree as follows: 1. BACKGROUND The Purchaser and the Service Provider desire to enter into this Agreement as a long term commitment for the maintenance and repair of Purchaser's vertical transportation equipment as further described in this Agreement. Under the Agreement the Purchaser may issue written requests to the Service Provider to provide certain vertical transportation maintenance services at locations controlled by Purchaser (hereinafter referred to as "NFA Location Riders"). The Agreement is to provide an umbrella for those location-specific written requests for vertical transportation maintenance services issued by the Purchaser. 2. GOVERNING DOCUMENTS The following documents form and are an integral part of this Agreement and are to be taken as mutually explanatory of one another. In the case of any ambiguity or discrepancy between the documents forming the Agreement, then the priority of the documents will be in the order as listed below, unless otherwise agreed in writing between the parties: (a) Each individual NFA Location Rider(as specified at the time of ordering by the Purchaser). An NFA Location Rider shall be considered "Accepted" if it is fully executed by a duly authorized representative of both the Purchaser and the Service Provider and provided to the Service Provider; (b) This Agreement; (c) Any other document mutually agreed and signed by the parties, forming part of this Agreement. 3. PERFORMANCE Service Provider will provide the services and/or scope of work applicable to all vertical transportation equipment described on any fully executed and properly delivered NFA (the "equipment") on the terms and conditions set forth in this Agreement (the "Services"). The term "Property" hereinafter will refer to the real property of the Purchaser on which the equipment is located. Service Provider will use trained personnel directly employed and supervised by Service Provider or sub-contractors. They will be qualified to keep Purchaser's equipment properly adjusted, and they will use all reasonable care to maintain that equipment in proper operating condition. Service Provider will regularly and systematically examine, adjust and (0� ThyssenKrupp Elevator Americas Page 456 of 1106 lubricate as required, and, in Service Provider's sole opinion, if conditions warrant, Service Provider will repair or replace all equipment parts and devices not specifically excluded by this Agreement. The Services shall be performed in a diligent and first class manner, with quality supplies, materials, equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance, interference, or disruption to tenants or other occupants of the Property and their invitees. Upon completion of the Services, Service Provider shall restore the Property to its original condition and shall leave the Property clean and free of all tools, equipment, waste materials and rubbish. Service Provider will service Purchaser's equipment and its component parts in their present condition with the understanding that Service Provider shall neither be required nor obligated to service, make renewals or repairs upon the equipment by reason of negligence, obsolescence, misuse of the equipment, loss of power, blown fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls or by any other reason or any other cause beyond Service Provider's control, except ordinary wear and tear from the commencement date of this agreement. With the passage of time, equipment technology and designs will change. If any part or component of any equipment described in a NFA cannot, in Service Provider's sole opinion, be safely repaired and is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete. Purchaser will be responsible for all charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment is functionally compatible with that replacement part or component. In addition, Service Provider will not be required to make any changes or recommendations in the existing design or function of the unit(s) nor will Service Provider be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, governmental agencies or authorities, or any other third party. Any work not specifically covered under this agreement shall be at Purchaser's sole expense. The Service Provider may propose changes to the Services by,informing the Purchaser in writing. To be binding, such changes must be approved by authorized representatives of both parties in writing. The Parties may also, at any time, agree to add new Services at agreed prices to be covered by this Agreement. To be binding, such additions must be approved by corresponding authorized representatives of both parties in writing. Pledge of Purchaser Satisfaction 3.1 In the event that Purchaser elects to undertake an audit of the service provided under this Agreement and any NFA Location Rider, such audit must be announced in writing at least ten (10) working days in advance. If any non-compliance is identified in writing to the Service Provider at the address set forth in this Agreement, whether pursuant to an audit or under any other circumstances, the Service Provider will begin to take appropriate measures to remedy such non-compliance within thirty (30) days thereafter. 3.2 The Purchaser and the Service Provider shall appoint appropriate personnel to meet regularly at local and global levels and at such intervals as is deemed necessary to enable the parties to discuss and review the performance of both parties of their respective obligations under this Agreement and any NFA Location Rider. The reviews will take place in order to: a) Monitor the effectiveness and efficiency with which this Agreement and any IFA Location Rider are being implemented; b) Agree to mutual objectives and timescales; c) Assess the overall performance of this Agreement by each party; d) Review business implications, targets and risks; e) Review whether this Agreement is being conducted in the spirit it was intended; and f) Assess, under this review process, the need to amend or update the performance criteria included in this Agreement. 4. INDEPENDENT CONTRACTOR RELATIONSHIP: Service Provider shall assume all duties under this Agreement as an independent contractor, and shall not be deemed for any purpose to be an agent, servant, or representative of Purchaser. Purchaser shall have NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Page 2 of 12 Page 457 of 1106 no direct control of Service Provider, its agents, or subcontractors in the performance of the work hereunder. Nothing contained herein shall be construed to be inconsistent with such independent contractor relationship. 5. BY HIGHLY-TRAINED SERVICE PROVIDER PROFESSIONALS: Service Provider employs and supervises elevator technicians who are among the most trusted in the industry and who will provide all maintenance courteously and dependably. Service Provider's elevator technicians receive ongoing training in general equipment development as well as advancements made to Purchaser's specific equipment. 6. ASSURANCE OF SERVICE PROVIDER'S STANDARD OF QUALITY: To help increase elevator performance and decrease downtime, Service Provider's technicians utilize the latest industry methods and technology available to Service Provider for Purchaser's specific brand of equipment. They will be equipped with the tools, documentation and knowledge to troubleshoot Purchaser's unique system. Behind Service Provider's technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a family of engineers and field support experts. Service Provider's International Technical Support facility in Texas continuously researches advancements in the industry and in Purchaser's equipment. 7. EXTENT OF COVERAGE: Service Provider will perform the following Services with respect to any equipment described on any fully executed NFA Location Riders: 7.1 TRACTION ELEVATORS: Service Provider agrees to and shall maintain the traction elevator equipment described on any NFA Location Riders on the following terms and conditions: 7.1.1 Service Provider will use trained employees directly employed and supervised by Service Provider. Such employees shall be qualified to keep the Equipment properly adjusted, and Service Provider will use all reasonable care to maintain the Equipment in proper and safe operating condition. 7.1.2 Service Provider will regularly and systematically examine, adjust, clean and lubricate the following as required, and if conditions warrant, repair or replace the same: 7.1.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings, brake pulley and brake coil, contact linings and component parts; 7.1.2b Motor and motor generator, motor windings, rotating element, commutator, brushes, brush holders and bearings; 7.1.2c Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers, and all control components; 7.1.24 Controller, selector and dispatching equipment, leveling devices and cams, all relays, solid state components, resistors, condensers, transformers, contacts, leads, dash pots, timing devices, computer and micro computer devices, steel selector cable or tape, and mechanical and electrical driving equipment; 7.1.2e Governor, governor sheave and shaft assembly, bearings, contacts, and governor jaws; NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Page 3 of 12 Page 458 of 1106 7.1.2f Deflector or secondary sheave, bearings, car and counterweight guide rails, top and bottom limit switches, governor tension sheave assembly, compensating sheaves assembly, counterweight and counterweight guide shoes including rollers or gibs; 7.1.28 Hoistway door interlocks and hangers, bottom door guides and auxiliary door closing devices and all fastening devices and associated reinforcement in attached components; 7.1.2.h Hoistway entrance door sill areas beyond the entrance frame opening; will be cleaned. 7.1.2i Automatic power operated door operator, car door hanger, car door contact, door protective device, car ventilation system platform, load weighing equipment, car safety mechanism, elevator car guide shoes, gibs or roller; 7.1.3 Service Provider shall maintain the individual minimum performance standards defined below: 7.1.3a "Start to Stop Time" as measured from the moment the car begins motion till the time it stops for a single floor run. 7.1.3b "Door Open Time" as measured from the fully closed door position to a fully open stopped position. 7.1.3c "Door Close Time" as measured from the fully open door position to a fully closed stopped position. Door closing pressure shall not exceed 30 lbs. 7.1.3d "Leveling Accuracy" as measured from car sill to landing sill at a fully stopped position under all load conditions. 7.1.3e "Rated Speed" as the same shall be that noted and shall not vary by more than 5%regardless of direction or load. 7.1.4 Service Provider shall maintain the Rated Speed in feet per minute, the original performance time, including acceleration and retardation as designed and installed by the manufacturer and perform the necessary adjustments as required to maintain the original Door Open Time and Door Close Time, within limits of applicable codes, or to adjust and maintain revised Door Open Time and/or door close Time upon direction of Purchaser. 7.1.5 Service Provider shall maintain smooth ride quality, smooth acceleration and deceleration and comfortable stop. 7.1.6. Service Provider shall maintain positive and quiet door operation with rapid and smooth checking at limits of travel. Service Provider shall annually, check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted and that the system performs as designed and installed by the manufacturer or to adjust and maintain revised settings upon direction of Purchaser. 7.1.7 Service Provider shall examine periodically all safety devices and governors and conduct an annual no-load test. 7.1.8 Service Provider shall calibrate load-weighing devices to Purchaser's selected settings, after annual and, as applicable, five-year safety tests are conducted. 7.1.9 Service Provider shall renew all wire ropes as often as is necessary to maintain an adequate factor of safety; equalize the tension on all hoist and compensation ropes, lubricate ropes appropriately and when necessary remove all residue and accumulated deposits from the rope surface and shorten ropes and chains as required to provide legal and reasonable bottom clearances. NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Page 4 of 12 Page 459 of 1106 7.1.10 Service Provider shall repair or replace conductor cables and hoistway and machine room elevator wiring in such a way as to maintain the percentage of spare conductors present at the acceptance of the NFA Location Rider. In no case shall the number of spare conductors be less than 5%. 7.1.11 Service Provider shall furnish lubricants compounded to the manufacturer's rigid specifications. 7.1.12 Service Provider shall make other safety tests recommended or directed by all applicable governmental authorities in force at the time of the acceptance of the NFA Location Rider. Service Provider shall not be required to install new attachments on the elevators recommended or directed by insurance companies, or by governmental authorities, nor to make replacements with parts of a different design recommended or directed by insurance companies, or by governmental authorities. 7.1.13 Service Provider shall coordinate all testing requiring an independent witness or inspector with the Purchaser's appointed representative. 7.1.14 Service Provider shall not be required to make renewals or repairs necessitated by reason of Purchaser's negligence or Purchaser's misuse of the Equipment or by reason of any other cause beyond Service Provider's reasonable control except ordinary wear and tear. 7.1.15 Service Provider shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment: 7.1.15a All handicap devices; 7.1.15b All elevator related earthquake devices if applicable 7.1.16 Service Provider shall have no responsibility for the following items of Equipment, which are not included: 7.1.16a the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this Agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2 HYDRAULIC ELEVATORS: Service Provider agrees to and shall maintain the hydraulic elevator equipment described on any fully executed NFA Location Riders under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the same are applicable to hydraulic elevators, with the following additions: 7.2.1 Service Provider shall have no responsibility for the following items of Equipment in addition to those listed in provision 7.1.16a above: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, hydraulic elevator jack, hydraulic elevator outer casing, any type of underground piping or other material, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this agreement. Elevator signal light bulbs will be replaced during regular service calls. 7.2.2 Filters, mufflers and muffler components are included. 7.2.3 Service Provider shall periodically examine all safety devices and conduct pressure tests and other tests required by ANSI Al 7.1 or other applicable codes. 7.2.4 Service Provider shall periodically conduct an inspection of hydraulic fluid to detect contaminants and assure proper viscosity, make necessary corrections and replace fluid as required and furnish hydraulic fluid compounded to the manufacturer's rigid specifications. NFA: Protection of Vertical Transportation Equipment •ThyssenKrupp Elevator Americas Page 5 of 12 Page 460 of 1106 7.2.5 Service Provider shall clean excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors. 7.3 ESCALATORS: Service Provider agrees to and shall maintain the escalator equipment described on any NFA Location Riders under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the same are applicable to escalators, with the following additions: 7.3.1. Controller, all relays, contacts, coils, resistance for operating and motor circuits, operating transformers and operating rectifier; 7.3.2 Handrail, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step tread, step wheels, step chains, step axle bushings, comb plates, floor plates and tracks; 7.3.3 Upper drive, upper drive bearings, tension sprocket bearings, upper newel bearings, lower newel bearings; 7.3.4 All balustrade fastenings, deck and trim fastenings(screws, clips, etc.); 7.3.5 Skirt panels and panel finishes; 7.3.6 Escalator under-step lighting and balustrade panel and skirt lighting; 7.3.7 Upper and lower pit equipment spaces, pit lights, trusses and inclined truss pans. 7.3.8 Service Provider shall examine periodically (at intervals not longer than six months) all normal operating devices and equipment in accordance with ANSI A17.1, Section 1007 and conduct annual inspections and tests of all safety devices, brakes, step up thrust devices and governors in accordance with ANSI A17.1, Section 1008. If required, the governor will be calibrated and sealed for proper tripping speed. 7.3.9 Service Provider shall have no responsibility for the balustrade finishes, deck and trim finishes, wedge guards and exterior truss enclosures. 8. PARTS INVENTORY Service Provider maintains a comprehensive parts inventory to support its field operations. Replacement parts are stored throughout North America in Service Provider's facilities and are normally available as necessary. Most specialized parts are available within 24 hours, seven days a week. All replacement parts used in Purchaser's vertical transportation equipment will be new or refurbished to meet the quality standards of Service Provider. 9. TESTING Service Provider will, at its discretion and expense, perform governor and safety tests on traction elevators or annual relief pressure tests on hydraulic elevators per local and State codes. Service Provider assumes no responsibility for the operations of the governor or safety on traction elevators, or the hydraulic system on hydraulic elevators, under the terms of this Agreement until all applicable and governmentally-mandated tests have been made. Should the systems not meet applicable safety code requirements, it shall be the responsibility of the Purchaser, at its sole cost, to make necessary repairs and to place the equipment in a condition, which will be acceptable for coverage under the terms of this Agreement. Service Provider shall not be liable for damage to the building structure or the elevator resulting from any testing of any type or kind at any time. 10. COMPLIANCE WITH LAWS: NFA: Protection of Vertical Transportation Equipment •ThyssenKrupp Elevator Americas Page 6 of 12 Page 461 of 1106 The rights and duties arising under this Agreement shall be governed by the laws of the State in which the Property is located. In performing the Services required under this Agreement, Service Provider shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations. In the event that any portion of this Agreement is determined to be against public policy or statute, then all other provisions shall remain in full force and effect. 11. TERM: Service under the terms and conditions of this Agreement shall be for an initial non-cancelable period of five (5) years commencing on and shall automatically be renewed for successive five (5) year periods thereafter, unless either party timely serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of the initial five (5) year period, or ninety(90) days before the end of any subsequent five (5)year renewal period. Time is of the essence. The term (length of contract) of maintenance agreements signed under the TCPN Contract may exceed the term of the TCPN Agreement. The terms and conditions of the TCPN Agreement in effect at the date the maintenance agreement is signed will remain in effect for the duration of members local maintenance agreement. Maintenance Agreements can be as long as the TCPN members request provided they are in accordance with local laws and regulations. All work is to be performed during our regular working hours of our regular working days unless otherwise specified below. This contract includes callback service during our regular working hours. For any overtime work requested by the Purchaser, Purchaser agrees to pay us for the difference between regular and overtime labor at our usual billing rates. 12. AFTER HOURS WORK All Services are to be provided during Service Provider's regular working hours of its regular working days unless otherwise specified below. For fully executed NFA Location Riders with specified Properties marked as "Gold," for any overtime work requested by the Purchaser, Purchaser agrees to pay Service Provider overtime labor at Service Provider's normal billing rates, including travel time, travel expenses, and time spent on the Property. For fully executed NFA Location Riders with specified Properties marked as "Platinum," for any overtime work requested by the Purchaser, Purchaser agrees to pay Service Provider for the difference between regular and overtime labor at Service Provider's normal billing rates, including travel time, travel expenses, and time spent on the Property. For fully executed NFA Location Riders with specified Properties marked as "Platinum Premier," for overtime calls involving one mechanic, Service Provider will include Service Provider's services at no additional cost. 13. PRICING: The price of Contractor's service as herein stated shall be (See Pricing Sheets) per month, payable in advance. The price as set forth herein is subject to increase in the event the existing equipment is modified from its present state. A service charge of 1 1/2% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. Time is of the essence. The Monthly Payment Amount shall be subject to review and adjustment for maintenance agreements at the end of each 12 month period thereafter or beginning with expiration of any maintenance period on Equipment. 80% of the Agreement price shall be adjusted to reflect any increase or decrease in labor costs based on the straight time rate of elevator mechanics in the local area where the Property is located. The remaining 20%shall be adjusted to reflect any increase or decrease in material costs based on the Producer NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Page 7 of 12 Page 462 of 1106 Price Index for Metals and Metal Products as published by the United States Department of Commerce, Bureau of Labor Statistics. Total price escalations shall be no more than 5% in any one (1) year period. Contractor shall provide thirty (30) day advance notification to Purchaser of pending price adjustment for both labor and material. Pricing Schedules will be adjusted annually on Jan. 1 of each year to coincide with the wage adjustments. The words "fringe benefits" mean employee benefits granted in addition to direct hourly labor rate, and include, but are not limited to, accruals for pensions, vacations, paid holidays, group life and group health insurance. Fringe benefits shall not include any direct or indirect costs based on labor. This Agreement is subject to the terms and conditions herein, all of which are hereby accepted. 14. INDEMNITY AND LIABILITY: Contractor shall hold harmless and indemnify Purchaser, its managing agent, and employees against all loss or liability, demands, judgments, expenses (including attorney's fees), claims or actions based upon or arising out of damages or injury (including death) to persons or property, including property owned, leased or borrowed, incurred by or sustained in connection with the performance of this Agreement to the extent caused by the acts, omissions, or negligence of Contractor, its subcontractors, managing agents, servants or employees, or based upon Contractor's violation of any statute, ordinance, building code or regulation. Contractor's obligations under this paragraph do not include any injuries or damages, if any, that arise out of or result from the negligence or concurrent negligence of Purchaser, its managing agent, or other indemnitee. Contractor shall also indemnify Purchaser and Purchaser's managing agent against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to Contractor's employees engaged in the performance of the Services or otherwise in connection with this Agreement. Contractor shall not be liable for any damages or delays caused by acts of government, strikes, lockouts, fire, explosions, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any other cause beyond its control, and in no event shall Contractor be liable for special, indirect or consequential damages. 15. INSURANCE REQUIREMENTS:. At its sole expense, Service Provider shall carry and maintain throughout the term of any fully executed NFA Location Rider the insurance described below. The all risk and liabilities policies must each contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to Purchaser. Before the commencement of the Services, Service Provider shall submit to Purchaser a Certificate of Insurance showing that all insurance requirements have been met. If any policy expires during the term of any fully executed NFA Location Rider, it shall automatically be renewed and a new Certificate of Insurance shall be sent immediately to Purchaser. Workers' Compensation Statutory Limits Employer's Liability $1,000,000 each accident $1,000,000 policy limit-disease $1,000,000 disease-each employee General Liability This shall include all major divisions of coverage and be on a commercial occurrence form. It shall include premises operations, products and completed operations, contractual, and personal injury. Limits Primary: $2,000,000 each occurrence—BI & PD $2,000,000 general aggregate $2,000,000 personal injury&adv. Injury NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Page 8 of 12 Page 463 of 1106 Automobile Liability and Property Damage This shall be on an occurrence basis with a combined single limit of $2,000,000. It shall include all automobiles owned, leased, hired or non-owned. 16. PURCHASER RESPONSIBILITIES: Product Information. Purchaser agrees to provide Service Provider with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement. Purchaser agrees to authorize Service Provider to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back up of the software embodied therein. These items will remain Purchaser's property. Safety. Purchaser agrees to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. Purchaser agrees to report immediately any condition that may indicate the need for correction before the next regular examination. Purchaser agrees to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance of the equipment, notifying Service Provider at the address and phone number listed on any fully executed NFA Location Rider at once, and written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser agrees to provide Service Provider's personnel a safe place in which to work. Service Provider reserves the right to discontinue work in the building whenever, in Service Provider's sole opinion, Service Provider's personnel do not have a safe place in which to work. Purchaser agrees to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50°F minimum to 907 maximum. Purchaser also agrees to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, Purchaser will contract with others for removal and the proper handling of such liquids. Other. Purchaser agrees not to permit others to make alterations, additions, adjustment, or repairs or replace any component or part of equipment during the term of any fully executed NFA Location Rider. Purchaser agrees to accept Service Provider's judgment as to the means and methods to be employed for any corrective work under this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described in any fully executed NFA Location Rider, or the premises in which they are located, Purchaser agrees to see that such successor is made aware of that NFA Location Rider and this Agreement and assumes and agrees to be bound by the terms of those documents for the balance of the NFA Location Rider, and subject to termination herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the NFA Location Rider. Items Not Covered. Service Provider does not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, intercommunication devices, security systems not installed by Service Provider, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this Agreement. 17. EXCLUSIVITY This Agreement is an exclusive frame agreement, which means that the Purchaser only undertakes to buy the Services, or parts thereof, from the Service Provider for a period of five (5) years from the date that this Agreement is fully executed. 18. EXCUSABLE DELAYS NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Page 9 of 12 Page 464 of 1106 The Service Provider shall not be liable for delay in performing or for failure to perform its obligations under this Agreement or any NFA Location Rider if such delay or failure results from any of the following causes: (i) Acts of God, (ii) the act of any government or authority (including the denial or cancellation of any export license or other necessary license), (iii) the outbreak of wars, terrorism, insurrections, (iv) fire, explosion, flood (v) and strike, lock-out or other industrial action which is beyond the Service Provider's control or (vi) any other cause of any nature which is beyond the applicable Service Provider's control. 19. TERMINATION AND REMEDIES 19.1 The Service Provider has the right (but not the obligation) to terminate this Agreement or any NFA Location Rider with 30 day's prior written notice in case of the Purchaser's failure to comply with any terms of this Agreement or such NFA Location Rider. Termination of an NFA Location Rider shall not have effect on other existing NFA Location Riders, which shall be completed in accordance with these terms and conditions. If such failure is remedied within the said 30 days period, this right to terminate shall expire. 19.2 The provisions of this Agreement, and the right and remedies of a party in the event of the other party's breach under this Agreement (including the breach of any warranty) are cumulative and are without prejudice to all other rights and remedies available to it and may have at law or otherwise; no exercise by a party of any one right or remedy under this Agreement, or at law or otherwise, shall operate so as to hinder or prevent the exercise of any other such right or remedy. However, in no event shall one party to this Agreement be liable to the other party for any indirect or consequential loss or damage, including but not limited to loss of profit, loss of production, loss of interest or otherwise, which may be suffered by the other party in connection with the entering into or operation of this Agreement, or any NFA Location Rider. 20. ASSIGNMENT Purchaser may not assign, transfer, novate, sub-contract or otherwise dispose of any of its rights and obligations under this Agreement without the prior written consent of the Service Provider. Notwithstanding the above, Service Provider may without the consent of the Purchaser, use subcontractors for the performance of any Services purchased by the Purchaser under a NFA Location Rider. The use of subcontractors to provide Services shall in no way relieve the Service Provider of its responsibilities and obligations towards the Purchaser under a NFA Location Rider or this Agreement. 21. HEALTH &SAFETY, ENVIRONMENTAL AND QUALITY The Service Provider and the Purchaser shall work towards the prevention of accidents aiming for zero accidents and the creation of a safer work environment. 22. ETHICAL COMMITMENT The Service Provider has an extensive corporate compliance program and its employees are expected to maintain the highest level of ethical and legal conduct at all times during the term of the Agreement and expects the Purchaser to act in a like manner. Should the Purchaser suspect that the Service Provider or its employees have engaged in any illegal or unethical conduct, such suspicions must be reported through the Service Provider's toll-free compliance hotline at 1-866-572-1739. 23. MISCELLANEOUS 22.1 The headings in this Agreement shall not affect its interpretation. 22.2 Throughout this Agreement, whenever required by context, the use of the singular number shall be construed to include the plural, and the use of the singular number shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders. NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Pae 10 of 12 age 465 of 1106 22.3 Should any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected. 22.4 The waiver or forbearance or failure of a party in insisting in any one or more instances upon the performance of any provision of this Agreement shall not be construed as a waiver or relinquishment of that party's right to future performance of such provision and the other party's obligations in respect of such future performance shall continue in full force and effect. 22.5 In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this Agreement or to collect any monies due thereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. 22.6 Purchaser hereby waives trial by jury and agrees that this Agreement and any applicable NFA Location Rider shall be construed and enforced in accordance with the laws of the state where the equipment described on the applicable NFA Location Rider is located. Purchaser further agrees to jurisdiction of the courts, both state and Federal, of the state in which the equipment set forth on the applicable NFA Location Rider is located as to all matters and disputes arising out of this that NFA Location Rider. 22.7 The liability of the Service Provider under this Agreement and any NFA Location Rider shall not exceed the value of the Services remaining on the then current and unexpired term of the applicable NFA Location Rider. 22.8 This Agreement supersedes all prior oral or written agreement between the Service Provider and the Purchaser and constitutes the entire agreement between the parties with respect to the services and work performed hereunder. 23 NOTICES: Every notice or other communication to be given by either party to the other with respect to this Agreement or any fully executed NFA Location Rider, shall be given by personal delivery, by facsimile or by United States registered or certified mail postage prepaid, return receipt requested, addressed as hereinafter provided. Except as otherwise specified herein, the time period in which a response to any notice or other communication must be made, if any, shall commence to run on the earliest to occur of (a) if by personal delivery, the date of receipt, or attempted delivery, if such communication is refused; (b) if given by telecopy, the date on which such telecopy is transmitted and confirmation of delivery, or attempted delivery, thereof is received; and (c) if sent by mail (as aforesaid), the date of receipt or delivery is refused. Until further notice, notices and other communications under this Agreement shall be addressed to the parties at: FILL IN THE CONTACT INFORMATION FOR USA OPERATIONS FOR PURCHASER HERE ThyssenKrupp Elevator Corporation 114 Town Park Drive NW, Suite 300 Kennesaw, GA 30144 Attn: National Account Manager 24. FEDERAL PROVISIONS/ACTS: Contractor shall comply with provisions of Executive Orders 11246, 11375, 11758, Section 503 of the rehabilitation Act of 193, Vietnam Era Veteran's Readjustment Act of 1974, 38 U.S.C. 4212 and 41 CFR Chapter 60. Contractor shall support Equal Employment Opportunity and Affirmative Actions Compliance programs. NFA: Protection of Vertical Transportation Equipment •ThyssenKrupp Elevator Americas Pae 11 of 12 Mage 466 of 1106 Contractor covenants and agrees to comply in all respects with the Immigration Reform and Control Act of 1986 (PL99-603) and all rules and regulations adopted pursuant thereto, and agrees to indemnify and hold Purchaser harmless of and from any claims and/or demands asserted against Purchaser and/or any costs or expenses suffered or incurred by Purchaser, including attorney's fees, as a result of Contractor's failure or alleged failure to comply with such Act, rules and regulations. Purchaser's acceptance of this agreement and its approval by an executive officer of Contractor will constitute exclusively and entirely the agreement for the service herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should Purchaser's acceptance be in the form of a purchase order or similar document, the provisions, terms and conditions of this agreement will govern in the event of a conflict. This proposal and contract is hereby accepted This Agreement has been prepared in duplicate, of which each party has received a copy. FILL IN NAME OFPURCHASER Thyssenl(rupp Elevator Corporation By: By: Print Name: Print Name:--- Title: ame:_... —Title: Title: Date: Date: NFA: Protection of Vertical Transportation Equipment • ThyssenKrupp Elevator Americas Page 12 of 12 Page 467 of 1106 ThyssenKrupp Elevator - V, Repair Order Date: ' Attention: [Building Owner] Building: [Building Name] Address: [Street Address] Address: City: [City, ST ZIP] City: Service contract#: Telephone: [Phone number] Purchaser authorizes ThyssenKrupp Elevator to perform the following described repair work on the subject elevator(s) in the above building: You agree to pay as follows: 50%down , balance upon completion. This Repair Order is submitted for acceptance within 30 days from the date executed by ThyssenKrupp Elevator Purchaser's acceptance of this Repair Order together with the terms and conditions printed on subsequent pages hereof and which are expressly made a part of this proposal and agreed to, will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. This Repair Order specifically contemplates work outside the scope of any maintenance contract currently in effect between the parties; any such contract shall be unaffected by this Repair Order. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an authorized ThyssenKrupp Elevator manager. Accepted: THYSSENKRUPP ELEVATOR CORPORATION [Street Address] [PURCHASING COMPANY NAME] [City,ST ZIP] By: _.. ._ _... . By: __..__......... ........ (Signature of Authorized Individual) (Signature of ThyssenKrupp Elevator Representative) [Name of ThyssenKrupp Elevator Rep] (Printed or Typed Name) [Phone Number] Title:. Date: Date: Approved by: Title: [Manager's title] Date: RIDo a�e 468 of 1106 Repair Order Page 2 Terms and conditions. ThyssenKrupp Elevator, our officers, agents and If any drawings, illustrations or descriptive employees from and against any and all claims, matter are furnished with this proposal,they ThyssenKrupp Elevator assumes no demands, suits, and proceedings brought against are approximate and are submitted only to responsibility for any part of the elevator us or our employees of any nature whatsoever, show the general style and arrangement of equipment except that upon which work has including but not limited to loss, damage, injury or equipment being offered, been done under this agreement. No work, death that are alleged to have arisen from or service, examination or liability on the part of us alleged to be in connection with the presence, use, You shall bear all cost(s)for any reinspection other than that specifically mentioned herein is misuse, maintenance, installation, removal, of our work due to items outside the scope of included or intended. It is agreed that we do not manufacture, design, operation or condition of the this agreement or for any inspection arising assume possession or control of any part of the equipment covered by this agreement, or the from the work of other trades requiring the equipment and that such remains Purchaser's associated areas surrounding such equipment, assistance of ThyssenKrupp Elevator. exclusively as the owner, lessor, lessee, specifically including claims or losses alleged or possessor, or manager thereof. proved to have arisen from the negligence of All applicable sales and use taxes, permit fees ThyssenKrupp Elevator or our employees, except and licenses imposed upon us as of the date of Our performance of this contract is contingent that your duty to indemnify does not apply to this proposal,are included in the contract upon your furnishing us with any necessary claims or losses determined to be caused or price. You agree to pay, as an addition to the permission or priority required under the terms resulting from the sole negligence of contract price,the amount of any additional and conditions of government regulations ThyssenKrupp Elevator or our employees. taxes,fees or other charges exacted from you affecting the acceptance of this order or the or ThyssenKrupp Elevator on account thereof, manufacture, delivery or installation of the You expressly agree to name ThyssenKrupp by any law enacted after the date of this equipment. Elevator as an additional insured in your liability proposal. and any excess(umbrella)liability insurance We have made no examination of, and assume policy(ies). Such insurance must insure us for A service charge of 1'/z%per month, or the no responsibility for, any part of the elevator those claims or losses referenced in the above highest legal rate,whichever is less, shall equipment except that necessary to do the work paragraph, and for claims or losses arising from apply to delinquent accounts. In the event of described in this proposal. the sole negligence of ThyssenKrupp Elevator or any default of the payment provisions herein, our employees. You hereby waive the right of you agree to pay, in addition to any defaulted It is agreed that ThyssenKrupp Elevator's subrogation. amount, all attorney fees, collection costs or personnel shall be given a safe place in which to court costs in connection therewith. work and we reserve the right to discontinue our We shall not be liable for any loss, damages or work in the building whenever, in our sole delay caused by acts of government, strikes, In the event a third party is retained to enforce, opinion,this provision is being violated. lockouts,fire, explosions,theft,floods, riot, civil construe or defend any of the terms and commotion,war, malicious mischief,acts of God, conditions of this agreement or to collect any You agree that in the event asbestos material is or any other cause beyond our control, and in no monies due hereunder, either with or without knowingly or unknowingly removed or disturbed event shall we be liable for consequential litigation,the prevailing party shall be entitled in any manner at the job site by parties other damages. to recover all costs and reasonable attorney's than employees of ThyssenKrupp Elevator or fees. those of our subcontractors,the work place will be monitored, and prior to and during our Should loss of or damage to our material,tools or You hereby waive trial by jury and do further presence on the job, Purchaser will certify that work occur at the erection site,you shall hereby consent that venue of any proceeding asbestos in the environment does not exceed compensate us therefore, unless such loss or or lawsuit under this agreement shall be in .01 fibers per cc as tested by NIOSH 7400. In damage results from our own acts or omissions. Los Angeles, California. the event our employees, or those of our subcontractors, are exposed to an asbestos You agree that all existing equipment removed by The rights of ThyssenKrupp Elevator under this hazard, PCB's or other hazardous substances ThyssenKrupp Elevator shall become the exclusive agreement shall be cumulative and the failure resulting from work of individuals other than our property of ThyssenKrupp Elevator. on the part of the ThyssenKrupp Elevator to employees, or those of its subcontractors,you exercise any rights given hereunder shall not agree to indemnify, defend, and hold We retain title to all equipment supplied by us operate to forfeit or waive any of said rights ThyssenKrupp Elevator harmless from any and under this contract, and a security interest therein, and any extension, indulgence or change by all claims, demands, lawsuits, and proceedings (which, it is agreed, can be removed without ThyssenKrupp Elevator in the method, mode or brought against us, or our employees resulting material injury to the real property) until all manner of payment or any of its other rights from such exposure. You recognize that your payments under the terms of this contract, shall not be construed as a waiver of any of its obligation to ThyssenKrupp Elevator under this including deferred payments and any extension is rights under this agreement. clause includes payment of all attorneys'fees, thereof, shall have been made. In the event of any court costs,judgments, settlements, interest default by you in the payment, under any other In the event any portion of this agreement is and any other expenses of litigation arising out provision of this contract, we may take immediate deemed invalid or unenforceable by a court of of such claims or lawsuits. Removal and possession of the manner of its attachment to the law, such finding shall not affect the validity or disposal of asbestos containing material is your real estate or the sale, mortgage, or lease of the enforceability of any other portion of this responsibility. real estate. Pursuant to the Uniform Commercial agreement. Code, at our request,you agree to join with us in Unless otherwise agreed, it is understood that executing any financing or continuation In the event your acceptance is in the form of a the work will be performed during regular statements,which may be appropriate for us to file purchase order or other kind of document,the working hours of the trades involved. If in public offices in order to perfect our security provisions,terms and conditions of this overtime is mutually agreed upon, an additional interest in such equipment. proposal shall govern in the event of conflict. charge at our usual rates for such work shall be added to the contract price. Certificates of Workmen's Compensation, Bodily Injury and Property Damage Liability Insurance In consideration of ThyssenKrupp Elevator coverage will be furnished to you upon request. performing the services herein specified,you The premium for any bonds or insurance beyond expressly agree to indemnify, defend, save our standard coverage and limits will be an harmless, discharge, release and forever acquit addition to the contract price. RO o a�e 469 of 1106 1;s 4r'+Y TK Ian 4mr e e ThyssenKrupp Elevator Americas Elevators are a major capital investment and a vital part of your building's operation and image.When properly managed,the lifespan of your vertical transportation can last longer and operate smoothly, thus increasing your building's value. Otherwise, as the performance of your elevator declines, so does the value of your building. As your business partner, ThyssenKrupp Elevator developed a proactive process to help you maximize your return on investment(ROI). By partnering with ThyssenKrupp Elevator, you'll have the expertise of America's largest elevator company. Our team of professional account managers, experienced field technicians and knowledgeable repair managers work together to evaluate the current status of your equipment and determine what upgrades may be needed to achieve the maximum life span of your equipment. We provide our clients with a "TKPIan at a Glance," which presents your elevator priorities over a ThyssenKrupp Elevator offers a consultative approach multi-year period. Examples of our solutions may to evaluate your vertical transportation needs.Our include upgrades, segmented upgrades or comprehensive TKPIan service analyzes,reviews and complete modernizations. provides recommendations and solutions for extending the life of your elevators. This strategic approach has four steps: Upgrades represent a smart investment toward improving the performance and extending the longevity of your elevator equipment. ThyssenKrupp Elevator offers the 1.Perform Extensive Surveys on Existing Equipment industry's largest inventory of genuine quality parts for Where all aspects of your vertical transportation system, ThyssenKrupp Elevator, Dover, and other manufacturers' including current code standards, speed, ride quality, equipment(OEM). equipment, safety,and aesthetics are measured and evaluated. 2.Evaluate Historical Performance ThyssenKrupp Elevator provides several MOD packages Review past service issues to determine if any with innovative and cost effective solutions. Our seamless improvement opportunities exist. modernizations are made possible through cutting-edge technology. Segmented upgrades include interiors, 3.Identify Optimal Opportunities fixtures, controllers, power units,jacks,doors and hoisting Findings from Steps 1 and 2 are reviewed to recommend equipment. If needed,ThyssenKrupp Elevator also offers opportunities to improve performance and increase ROI a solution for different control systems to interface during based on code requirements, aesthetics, performance, modernization, safety and liability reduction,timing, scope involved. 4.Capital Planning If a full replacement is necessary,ThyssenKrupp Elevator We will offer segmented upgrades or complete understands that a successful execution of a modernization modernizations in various categories to assist in project in an existing,occupied building must be of minimum prioritizing and budgeting your long-term requirements. inconvenience to passengers.We have a staff of technicians and engineers whose only business is modernization. They are experienced in every type of modernization project for every type of elevator. Page 471 of 1106 1 �qr SII qtr Explores opportunities to maximize the return on your investment. ' Recommendations are customized for your building requirements and goals. � } • Modernizations can be spread among r s multiple budget cycles. , A consultative approach that gives you a full understanding of our recommendations for extending the life of your elevators. Satisfied tenants who are a testament of the success of your building. Improved elevator operation, UK,11 safety and aesthetics. < t i Reduced operating costs. Reduction in long-term maintenance costs s by performing preventative upgrades. ` Increased energy-efficiency with ThyssenKrupp Elevator's newest technology. e o e o By working together in a proactive manner, �� we can help you provide seamless service to your tenants. ' i Contact 877.230.0303 or your local ThyssenKrupp Elevator Account Manager for details. age 472 of 7 T �.k National Accounts J t 7�i?s •u�� i+t ��� — I t ,,,rte t St �4 Pit��ilp�`F ���ys�pJstdl�tk�lt� s i J �tU I -- { F S S r k �J yssenKrupp Elevator _�'��'�"`'�� riees Business Unit t,��`'`�' `a — i� u1 4 a fir N t M - tS „: - ,A}��S�S p ' - 1 - )� _- r - �� ,,,}k{, s)}'• �����}v)�£=�vil��,rrxu)`)?}�n�� >»�� ����11��Sit� ��tS�s((���`�c��ss� `i,�t ��s `a , - -.ot { ,:§ ��S i,st�l� ls�fi..i � ,>�r� � �� ��tQ�� >rn E•�� �f= - }, �v y i v j ytt 1l �vt \tis \l 1 - -; G Ff�itm' dR�}F � �"€�� B#`� iiffi fi d>?✓ �� ?0: ��- _ 4 �C { µ j '11 f `s V, "- ����i f f h� - ,fe F Unparalleled Customer Service Th ssenKrupp Elevator encompasses the global resources of a Fortune 100 company, yet we move the world one customer at a time. And while we have the largest geographic coverage of any elevator company in North America we offer individualized solutions with customer service that is second to none. In fact our program allows you a single point of contact for all of your t}, elevator needs. Your National Accounts representative is supported by the latest technology, highest quality and best service in the industry. So no ,,3� 9 q Y Y matter how many buildings you manage or how many different brands you operate, National Accounts is ready to handle them all with the outstanding advantages &benefits that only Th ssenKru can offer: ♦♦♦ We are the leading vertical transportation company in the Americas. No one knows more about your elevators, escalators and moving walks. ♦ u ee ♦• Made in America -We are the only major elevator manufacturer and installer of complete elevators stems in the United States. ♦♦ Our Parts Warehouse maintains the largest parts inventory in the industry. This in i l conjunction with our service technician and branch locations, � , creates an extensive network of parts available within a 24-hour period. ♦♦� Your National Accounts Representative is a single point of contact �{t for all inquiries, for all of your company's locations. •• We offer individualized solutions and support for multiple locations. pp p ♦♦ Our billing options are customizable to suit your accounting needs. ♦♦♦ TKE's TEAMService maintenance program is backed by 5,700 certified service technicians and International Technical Services-Americas, where the industry's best and brightest researchers and technicians are available 24/7. Oi We service all major elevator brands including Otis KONE Schindler and Fujitech. Over one-third of our 250,000 service contracts cover ''}� ; t other manufacturers equipment. A Our state-of-the-art technologies include VISTA Remote Monitoring VIEW and SoundNet. ♦• Our SoundNet Call Center monitors elevator telephones 24/7, dispatching service calls and answering after hour business calls throughout North America. Our representatives are trained to handle � ,�� '� �,�� F������ emergency situations and dispatch proper help. ,ass t O♦ Our Service technicians are equipped with sophisticated diagnostic1 tools that other manufacturers do not have. 44 We gain your confidence through superior and consistent standards as ensured through our Quality Assurance program. 44 ThyssenKrupp Elevator has an unmatched history of service. Without a doubt, we will be here when you need us! �� . +"f WO , eft 1 Superior A Pt Management h aa +} ThyssenKrupp Elevator's approach is to manage our national accounts from a customer's perspective by working in concert with our entire corporate and field organization, ensuring that we deliver unparalleled service, outstanding communication and reduction of risk for our I national customers. We offer a full range of services to accomplish these objectives, including: �A,, 9 � +��hitt {�+ ,+� • Market assessment �', �� �f�l� >R • Project assessment t„ + • Information gathering • Marketing plan development `' • Preparation and presentation • Terms negotiations Our regional offices are strategically placed throughout the United States. For more information about our National Accounts program, � tl ' email us at natiional it counl�<<0 bb yy ,,��riki rint�.�e lrw�itotacorr;] or call us + � toll-free at 900-R'24-9(-,;()6. v � I R", 'bj N11 "K, s� is 1v U t SrS y k {i +1 fe _ i e, e e ♦ a r i i., a + P i d WEST REGION CENTRAL REGION TEAM z i- Service ■ possible.Technology makes it Commitment makes it work. Dedication to Exceptional Service ThyssenKrupp Elevator concentrates the full national resources of the world's most advanced maintenance organization to the local service of your elevators. We call it TEAMService. And we deliver it hands-on through 5,700 certified technicians in over 300 service locations across the continent, all wired into a national system that trains, equips and supports them as no other company can. Our promise to you is that there is a ThyssenKrupp service technician right where you are, within 75 miles of every elevator in America. By incorporating ITS-Americas, VISTA Remote Monitoring, VIEW and SoundNet, along with our internal Quality Assurance program, ThyssenKrupp has become the market leader in maintenance. Our maintenance team consists of not just the service representative you see, but also hundreds of highly trained professionals. At the heart of our innovative and successful team is our nationally-renowned ITS-Americas Center. At ITS-Americas, our technicians learn via state-of-the art equipment, hands-on instruction and classroom training. Their ongoing research and design activity incorporates original elevator manufacturer designs to ensure that our service technicians have the most current technologies available. The technicians and engineers at ITS- Americas design diagnostic tools for Otis, Schindler, KONE and Fujitech, which allows them to identify problems and solutions with pinpoint accuracy. National Accounts of ThyssenKrupp Elevator can assure you that our technical repair facility stands ready to provide support for your equipment- no matter who made it. VISTA Remote Monitoring is the next best thing to having a trained service technician on your premises 24 hours a day, seven days a week. Offered as a supplement to our service contracts, this communications device searches for any sign that your elevator is not performing to standards. If VISTA Remote Monitoring sees trouble in the making with a critical event, your local office is notified so that a service technician may take action. Many times, we make service calls and repairs before you are even aware of a problem. Page 477 of 1106 ThyssenKrupp Elevator offers a secure website that enables you to monitor your service activity anytime and anywhere in the world with a few clicks of a mouse. VIEW is user-friendly and customizable, allowing you to run and re-run any reports that you want to see. SounclNet Emergency Communications, your around-the-clock safety net, is our 24/7 emergency call center. All calls from the elevator go directly to our state-of-the-art call center, where trained professionals assess the situation and dispatch the proper assistance. QualityUnmatched ThyssenKrupp Elevator's Quality Assurance is second to none. Our elevator components are of the highest quality. We manufacture our elevators and parts according to exacting standards, so you know that you can expect the durability and performance that ThyssenKrupp Elevator is famous for. Our internal control program ensures optimum and reliable operation of your elevator equipment. And, you can expect that same kind of quality in our maintenance coverage. ThyssenKrupp Elevator is committed to having a service plan that will work for any National Account and we will customize our maintenance agreement to compliment your needs. ThyssenKrupp Elevator understands the importance of satisfying your expectations and showing you our commitment to service. We want to give you peace of mind when it comes to your vertical transportation equipment. Elevator lN fi " ,�r v S 1; Why choose TKE as your ate ThyssenKrupp Elevator has the technical expertise, financial strength, global }rtttvvr � ��,t, resources and individualized customer service to handle any challenge and has become a preferred choice among national accounts. 4 Our quality maintenance program is designed to protect your investment of elevator and escalator equipment, contribute to the satisfaction of your tenants provide dependable service and generate long-term relationships through strong performance. You need a single source to handle your vertical transportation maintenance needs. ThyssenKrupp Elevator is committed to providing you with the best elevator and escalator maintenance program available in the industry. As our partner, you are ensured safe and reliable service, all at a great value with ThyssenKrupp. It t� t v It h 7,A10, 'ti�'ab„.'.rib\� )d��lWma95`i.3k'tSL--'�' �VNIir tlhr ��I i r Q,t 1, 9 LAI l i t ia 1 C 4 t tr k itf 1 } Ppp ENG I Vt UI w �l � V"N Rf COW .......... i� P,GSYi c, r 7 r C III�cif s � r, t�y6r1Rr,?rt i 1 t,� r t �P u „® I r A& rMs �u ThyssenKrupp Elevator Americas �1 Page 4MjM r al Ii. 1 it Yf 1 ssi R " liV � , tltt ........J t� ,,(lttfi�,t. h IM �l 1. � � m v u „ f OmWu 1 — m w c o ai s0 tt44 u p °' u1 u3 j c U, 3 �i(q"e cIMAi , q, yyJo o m \ 1yt'!,e�',) "� Y T O C fY r 4Y! 1 ) U O1 Q O 01 m O3 C nn N O A 4 o � r I� 1S II m d u r` o a1 m M m E U E r� 1 Y,r 001 V O N .0 b %S, r � � Page 481 of 1106 i 'E 0 E , its _ E Qo � � E � v m c E v n.j - c �. rn m a E a rfp � a F 4 :q� • s m � v � m w ,� � � ��}VV}ii7� S}�� }4 j-1�7 �;����� � �����a1�t �:<I - � - yo 2o rn o_ o i10qS m L c o E w E v v E a o 0 0 5 m Y u v 3 co t; a; Y > w o �r U OEN o C C N C 3 Ul C Ol E > N UI N L N o N o C > C 7 O N Y Y N E > E t a d N Y L y N C d O Q d y i 6 3 3 3 ai ro m E T m t _ e t � Itt}li r� 1 c, 0 f6 Ira 0 AW z4o,Mow- c- Oil t o , �. y t :Page 482 of 1106 I�S a m o o f r esti ¢o mo f7 u E � E E i 17 E t ~ r o `r(f{cil� 3 Y w a £ wl n w EAll � I ft t i� A W �ap� ' 3 Y It, ff,� I f Y u ��. £} }�}t�{ `yr�S 1 t�Fl sl M ittf 5 £I} 6 A 1 ,S ti �Sq f, x 1 r I st}t s loll 16 i o c E o 0 �, III III t�tF w v c — o a m e c fl £III if�g O .5 o w a S 6 — ,�Yl r_' d a p 0 a� O � o Q � v 6 LZ uj E _ 00 o a�-i v E O v.0 3 vs; } £, �f 1106 `�+ E c i tf O d L pl p f p C YI a+ f0 OI UI - N T `16 N 01 Usr 3 � � r c v o m m ul c`o v E ' T o a Y � � � .� a i s '" i`�JI T C N 0 p w L Q 1 gp x � tt f Y r q l� i r ` it Clr� R,r, i t 'I t11 lad � t t= rt ' 1p _ _ tl,• P a r E r a g E F � u 1p v Pa r ",bf 1106 t i{{tF{iiY� s VX WNW xs: iss f „y, r S J �u > ....... t 41 Wl' ro"w"L� qM"" l.+ t y 'fit) ��,t { '- �5 t) � ti+ ll c at e f0 Ql O sn E v T c) E E > r�o E c ro p If U — O Z- .— f0 7� ISI— Page 485 of 1106 ,I 0 0 l 143��h yr - c I 4 i - v r� ate, ri tj � -a2 y j j �i - u L L p 1 k _ Pi- - - - o >A,I OP _ aC6 ro vLa vy � ✓� E Q v - c i O O yY. J n N C n l0 Izz, E`fyv �Ayl% - j 0 U v Ud f�i,-��' ... � ( �� yj1, Q u f 1106 i v �P k os w µ n v x w a a I f (4 4 �ar4 !t { f= r s yy v p rej Ys � �<4f 4t f 1106 VIVO*1 TC PN 0 Tlie,Cootmative Furchav,,,g Nalwork August 28, 2015 Mr. Jeff Jaudes National Account Manager ThyssenKrupp Elevator 114 Town Park Drive, Suite 300 Kennesaw, Georgia 30144 Re: Award of TCPN Contract# 8150801 Dear Mr. Jaudes: Per official action taken by the Board of Directors of Region 4 Education Service Center, on Tuesday, August 25, 2015, The Cooperative Purchasing Network (TCPN) is pleased to announce that ThyssenKrupp Elevator has been awarded an annual contract for the following, based on the sealed proposal (RFP# 15-08) submitted on June 30, 2015. Commodity/Service Contractor Elevator Equipment, Service, Repair ThyssenKrupp Elevator and Related Services The contract was awarded, however the exceptions requested in your proposal were not approved as part of the awarded contract. The contract is effective October 1, 2015 and will expire on September 30, 2016. As indicated above, your TCPN Contract # is 8150801. This contract may be renewed annually for an additional four (4) years in one-year increments if mutually agreed by Region 4 ESC/TCPN and ThyssenKrupp Elevator. Your participation in the proposal process is appreciated and we look forward to a successful partnership. Please feel free to provide copies of this letter to your sales representative(s) to assist in their daily course of business. If you have any questions, please feel free to contact me at 713.554.0460. Sincerely, Deborah Bushnell, CTSBO Contract/Compliance Manager 11280 West Rmid ,1-1 ouston. Tex is 77065 888.884.7695-Fax 800.458.0099-w%v%v.TC11N.org Page 488 of 1106 iJbR r4WA Q NATIONALIPA ,s4 - TC-P-N The Cooperative Purchasing Network Enhanced Portfolio I Unified Focus I Continued Trust June 13, 2016 Mr. Jeff Jaudes National Account Manager ThyssenKrupp Elevator 114 Town Park Drive, Suite 300 Kennesaw, Georgia 30144 Re: Renewal Award of Contract# R150801 Dear Mr. Jaudes: Per official action taken by the Board of Directors of Education Service Center, Region 4 on February 23, 2016 National IPA-TCPN is pleased to announce that ThyssenKrupp has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 ESC on June 30, 2015, and subsequent performance thereafter: Contract Elevator Equipment, Service, Repair& Related Services The contract will expire on September 30, 2017, completing the second year of a possible five-year term contract. If your company is not in agreement, please contact National IPA-TCPN immediately. The partnership between ThyssenKrupp and Region 4 can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. If you have any questions or concerns, please feel free to contact Clint Pechacek at clint.pechacekp_nationalipa.org or 713.554.7349. Sincerely, Deborah Bushneff Deborah Bushnell, CTSBO Contract Manager 225 Meridian Blvd., Suite 300 Franklin, TN 37067 Page 489 of 1106 NATIONALIPA 2555 Meridian Blvd., Suite 300, Franklin, TN 37067 ...................................................................... ........p..._.. _....... .. ...... ........................................... _ ...... ....._ ...... ..p............... .... ..... .... .................................................................................................................................................................................................................................................... NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE February 24, 2017 Mr. Jeff Jaudes National Account Manager Jeff.jaudesp_thyssenkrupp.com ThyssenKrupp Elevator 114 Town Park Drive, Suite 300 Kennesaw, GA 30144 Re: Renewal Award of Contract# R150801 Dear Mr. Jaudes- Per official action taken by the Board of Directors of Education Service Center, Region 4 on February 21, 2017, National IPA is pleased to announce that ThyssenKrupp Elevator has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on June 30, 2015, and subsequent performance thereafter: Contract Elevator Equipment, Service, Repair& Related Services The contract will expire on September 30, 2018 completing the third year of a five- year term contract. If you have any questions or if your company is not in agreement, please contact your designated Contract Manager, Michael Lasley, at 615-236-9072 or michael.lasleyp_nationalipa.org. The partnership between ThyssenKrupp Elevator and Region 4 can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. Sincerely, KaUY '8t'WYW-W Kelly Burnett Contract Analyst www.NationalIPA.org EXPERIENCED * FOCUSED * P90T490 of 1106 NATIONAL I PA EXPERIENCED * FOCUSED * TRUSTED 840 Crescent Centre Drive, Suite 600 Franklin, TN 37067 May 3, 2018 Jeff Jaudes National Account Manager Jeff.jaudes@thyssenkrupp.com ThyssenKrupp Elevator 114 Town Park Drive, Suite 300 Kennesaw, GA 30144 Re: Renewal Award of Contract# R150801 Dear Mr. Jaudes: Per official action taken by the Board of Directors of Education Service Center, Region 4 on April 24, 2018, National IPA is pleased to announce that ThyssenKrupp Elevator has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on June 30, 2015, and subsequent performance thereafter: Contract Elevator Equipment, Service, Repair & Related Services The contract will expire on September 30, 2019, completing the fourth year of a five- year term contract. If you have any questions or if your company is not in agreement, please contact your designated Contract Manager, Michael Lasley, at 615-236-9072 or ich el.l sleyp_n tion lip .orq. The partnership between ThyssenKrupp Elevator and Region 4 can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. Sincerely, KOUY C Kelly Cunningham Contracting Coordinator --------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------__________________________m www.nationalipa.orcl Page 491 of 1106 DocuSign Envelope ID: CBB8CF56-DF1C-4778-B689-8BOB0166D4C1 rL ion a April 30, 2019 Mr. Jeff Jaudes National Account Manager ThyssenKrupp Elevator 114 Town Park Drive, Suite 300 Kennesaw, GA 30144 i eff.j audes(a,thyssenkrupp.com Re: Renewal Award of Contract 4R150801 Dear Mr. Jaudes: Per official action taken by the Board of Directors of Education Service Center, Region 4 on April 23, 2019, Region 4 ESC is pleased to announce that ThyssenKrupp Elevator has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on June 30, 2015, and subsequent performance thereafter: Contract Elevator Equipment, Service, Repair & Related Services The contract will expire on September 30, 2020, completing the fifth year of a five-year term contract. The contract is available through OMNIA Partners, Public Sector. Your designated OMNIA Partners, Public Sector contact is Michael Lasley, at (615) 236-9072 or michael.lasley@omniapartners.com. The partnership between Thyssenkrupp Elevator, Region 4 and OMNIA Partners, Public Sector can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. Sincerely, DocuSigned by: o er 61d 3b�h013049 ... inge mann Chief Financial Officer, Finance and Operations Services Region 4 Educaci n Servicc C enic -7l4, !csi idvvc°ll Road- Housion. 1 exa47709-1 2096 I'honc.:71.3.46'.770 Fax:71 3 1=1.63,14-vv v;v.csc4.ne[ Pam Wells,Ed.D.,FACCLICiVC I)iNC101 Page 492 of 1 106 6.C. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve the "Eden Ridge" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Eden Ridge" The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit(LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: Budgeted None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 493 of 1106 ATTACHMENTS: Type Description D Attachment Copy of Plat and Boundary Survey Page 494 of 1106 WpJ 10 ME too HIM , A- ISO, VRW I Rob 1z, kb IN Lu b Nil S it W C�L b b All, t wi 4W % IV 11 t well k 1 .1 �-.% 21 t, 10 RISEN I a 3 1 4b 4 hill mill b 14 tog, Jw I ,,x, h a� b Rill, ill 1 -1 1 ill qf lip IN for! i I it 111 A. wit OEM ...............®....w........................,..........,,.m.,......._.a-....w,.,.._..._...._,..............-......................,.,........,..,..,............r..m,...................,................,.......... [::::tC'4 " V�w TAM 1 DIM 3 s oc sc rill ig w s a s c ba mlt 3 " e................................».........,.........,,>...,..,.>,.»....,...........,.,............m...........................,...........,..................,w..........................................,..m................. pw log Ma R IN fill k i L ij all Rig awruicw 20"r. tr Ik Ri 6.D. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve an increase of$40,000 to the existing purchase order for sodium chloride with Morton Salt utilizing the previously approved Palm Beach County Bid No.18-069/MB which expires August 19, 2019. This will bring the total approved expenditure to $200,000 for the year. EXPLANATION OF REQUEST: The Utility utilizes sodium chloride at the East Water Treatment Plant to regenerate the resin used in the anion exchange process. On August 7, 2018 the City Commission approved utilizing the Palm Beach County Bid No. 18-069/MB for the purchase of Sodium Chloride with Morton Salt with an estimated annual expenditure of$160,000. Chemical use is directly related to water production which has increased as compared to last fiscal year. The result is that staff anticipates spending more than the $160,000 for the fiscal year and is requesting that the commission approve increasing the estimated amount by $40,000 to $200,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Sodium chloride is necessary to regenerate resin for treatment at the water treatment plant. Getting this increase will support our mission of providing best drinking water to our customers. FISCAL IMPACT: Budgeted Funding is available in Utilities account 401-2811-536-52.35 . Recent fiscal expenditures for this chemical are as follows: • FY 17/18 $160,000 • FY 18/19 $ 125,000 up to date expenditures ALTERNATIVES: An alternative would be to seek another supplier, however, without the volume purchasing power this bid achieves it is unlikely that the new bid will result in lower costs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 498 of 1106 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Bid Bid Document Page 499 of 1106 NCR ORI Purchasing Department 50 South Military Trail,Suite 110 Form L West Palm Beach,FL 33415-3199 July 24, 2018 (561)616-6800 FAX: (561)616-6811 Morton Salt, Inc. www.pbcgov.com/purchasing Charlie Cassell, Director, B2B Manufacturing Sales 444 West Lake Street, Suite 3000 Chicago, IL 60606 TERM CONTRACT#18069 Dear Vendor: This is to inform you that Palin Beach County Board of County Commissioners Palm Beach County ("County") is entering into a Term Contract with your company for SODIUM Board of County CHLORIDE SOLAR SALT QUALITY PURCHASE AND DELIVERY OF, based on: corn missioners Melissa McKinlay,Mayor [X] SOLICITATION #18-069IMB !Mack Bernard,Vice Mayor The term of this contract is 08/2012018 through 08/19/2019 and has an estimated dollar value of$1,040,850. Hal R.Valeche Paulette Burdick If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof. Dave Kerner County User Departments will issue individual"Delivery Orders"against this contract Steven L.Abrams as your authorization to deliver. The original invoice must be sent to the address on Mary Lou Berger the Delivery Order ("DO") and must reference the DO number (e.g:, DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidlquote/response must be exactly the County Administrator same as it appears on the invoice and in the County's VSS system that can be accessed at httpsalpbevssP.co.palm-beach.fl,uslwebapplyssplAitSelfService. Failure to Verdenia C.Baker comply with the foregoing may result in a delay in processing payment. I If you have any questions, please contact Marva Brown at mbrownCa)pbcgov.arg or (561) 616-6815. Sincerely, I KathI en M. Scarlett Dire or c: Vernetha Green, Water Utilities Department File An Equal Opportunity Affirmative Action Employer" printed on recycled paper Page 500 of 1106 BID RESPONSE Page 13 IFB#18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM ESTIMATED DESCRIPTION 12 MONTH UNIT UNIT PRICE TOTAL OFFER NO. QUANTITY SODIUM CHLORIDE, GRANULAR, SOLAR SALT 1 QUALITY, BULK DELIVERY in accordance with 8,100 TON $ 128.50 $ 1,040,850.00 AMA#8-200 Standards as specified herein. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term#9? YES/INITIAL Acknowledge Criminal History Records Check requirement, per Term #10? YES/INITIAL Acknowledge Insurance requirements, per Term#19? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms,conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: Morton Salt, Inc. 05/25/18 PRINT NAME:Charlie Cassell * SIGNATURE: PRINT TITLE: Director, 13213 Manufacturing Sales PRINT NAME: Peter Sashin, �± Senior Director, North American SIGNATOR PRINT TITLE.: Business Management, Retail and B213 i ADDRESS: 444 West Lake Street Suite 3000 CITY/STATE: Chicago, Illinois ZIP CODE: 60606 TELEPHONE# ( ) E-MAIL: buyindustrial@mortonsalt.com For Ordering: TOLL FREE # ( 844 ) 410-0513 FAX#: { 312 ) 896-9208 APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# 27-3146174 I Page 501 of 1106 z E o w}w �i . -�. a d) atom .� ri ¢W a c- Q +. LU Uj :zr CDp Jim d O U W0 LUi M M t4 w P. ❑ WOi , .-I QW= w c 00 Z m J LL O W —.1 W U) E1 W Ell ~ EY o a a0a ` z w L0 ¢ �z w W�a a zJ o' MW Q WYz wZw0 W) Z O�WzI aaw� o 11 G) W F' JcsEr20 lx C NUCLZ LLW ¢a c5 O Eu Q o2¢� � 0a sr Eli O ¢ wUWa f!1 $ Q w (J7 L-j U) LU 0 w ❑ a Z w ti n u „ w w Z LL C3U Q © w Q Lu a _LLa. w Ir O a v❑i � m ��z LL 7i 0 IX a w a a r- ~ W a w = d a Q a w w LLw O O Nm EL a a g Q cn ° a w w- H 0U mw W W ❑ b 4 ❑ LU m LU o Q.. 0® ZVO❑ o N m = rn t a m �I N 6D ¢ a y � ° LU L a M ❑ T 3 ca U LU o ❑ cn .� o `� W z D a W _, N (J g a. .� z U: w ul E N D w�umi U O CWC O N m�`Lu ir Z p LU LU Z ❑z wuiQ C 0 Og a0a LL W > L 7 m I.- LLzW -i ~ ~ z J H z m Zo LL C m 0 z' w z IL0 p N W W O NU) Ju) 0 uai LU U) <¢ o Z r1 W O 'W O 40 CL LU Q (L 3 p ❑z O z o a a� aF- , W 2.H O a E-- (7 a ❑ rn zz Er z O o O ❑ U) z 1 Ln g a LU a y W � L. v > aLu O ❑mom �J Ow V a a � Z Lu a0dzz" U. a a w a mo ��a2mx LLI �z opo w 0 O(9 U- 0"ad3w a � O Y ca a Gk O v1) d u3 LU >- W car)zIU zlz in. U)i C w � CO ❑ O 00 LU a., w M I-- W W m EL 0 I Y N 0 z Page 502 of 1106 Form J-SBE SBE PARTICIPATION EVALUATION FORM DATE SENT: June 1,2018 BUYER: MARVA BROWN IFB#18-069/MB TITLE: SODIUM CHLORIDE,SOLAR SALT QUALITY, PURCHASE AND DELIVERY TERM CONTRACT USER DEPARTMENT: WUD USER CONTACT: VERNETHA GREEN DATE REQUIRED TO BE RETURNED TO PURCHASING; JUNE 12.2018 SBE RECOMMENDED LANGUAGE: Established Goal of 15% The bid listed above has been opened and requires your evaluation. Attached are copies of the SBE Schedules as applicable. EVALUATE INFORMATION, MAKE DETERMINATIONS,SIGN,DATE AND RETURN. , RESPONDENTS BIDDER IS ELIGIBLE TO PERCENTAGE OF SEE RECEIVE RANKING UTILIZATION MORTON SALT ( % } /( } % KEY(S)FOR DETERMINATIONS: (PLEASE NOTE ABOVE) (1) YES (2) NO NOTE: RANKING(ESTABLISHED GOALS)—Award will be made to the bidder responsive to the SBE requirements or, in the event there are no bidders responsive to the SBE requirement,the bidder with the greatest SBE participation in excess of seven percent (7%), as long as the bid does not exceed the low bid (non-responsive to the SBE requirements)amount by 10%. REMARKS: 0 Signatur Title: Date: a,� Page 503 of 1106 Board of County Commissioners CA C County Administrator O Melissa McKinlay, Mayor y' Verdenia C. Baker Mack Bernard,Vice Mayor +� Hal R.Valeche Paulette Burdick Dave Kerner Steven L.Abrams Mary Lou Berger Purchasing Department www.Pbcgov.org/Purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION IFI #18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT BID SUBMISSION DATE: MAY 31, 2018 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR.FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing .Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at hftps:Hpbcvssp.co.Raim-beach.fl.ustwebaDplyssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the PurchasN Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 i Page 504 of 1106 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID IFB#18-0691MB IFB TITLE: SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF,TERM CONTRACT PURCHASING DEPARTMENT CONTACT: MARVA BROWN TELEPHONE NO.: (661)616-6815 FAX NO.: (561)242.6715 E-MAIL ADDRESS: mbrown(cDpbcctov.or4 All bid responses must be received on or before May 31, 2018, prior to 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Purchasing Department,Attention: Marva Brown, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. This Invitation for Bid,General Conditions, Instructions to Bidders, Special Conditions,Specifications,Attachments,Amendments(if issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and 1 or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract b. DISCRIMINATION PROHIBITED: Palm Beach County is between Palm Beach County and the successful bidder. Changes to this committed to assuring equal opportunity in the award of Invitation for Bid may be made pUl by written amendment issued by the contracts and complies with all laws prohibiting discrimination. County Purchasing Department. Bidders are further advised to closely Pursuant to Palm Beach County Resolution R-2017-1770, as examine every section of this document, to ensure that all sequentially may be amended, the successful bidder warrants and numbered pages are present, and to ensure that it is fully understood. represents that throughout the term of the contract, including Questions or requests for explanations or interpretations of this document any renewals thereof, all of its employees are treated equally must be submitted to the Purchasing Department contact in writing in during employment without regard to race, color, religion, sufficient time to permit a written response prior to the published bid disability, sex, age, national origin, ancestry, marital status, submission time. Oral explanations or instructions given by any County familial status, sexual orientation, gender identity or agent are not binding and should not be interpreted as altering any expression, or genetic information. Failure to meet this provision of this document. Bidder certifies that this bid is made without requirement shall be considered a default of contract. reliance on any oral representations made by the County. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The The County's performance and obligation to pay under this contract is successful bidder is, and shall be, in the performance of all contingent upon an annual appropriation by the Board of County work, services, and activities under the Contract, an Commissioners for subsequent fiscal years. Independent Contractor and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the 2. LEGAL REQUIREMENTS work or services performed pursuant to the Contract shall at all times,and in all places, be subject to the successful bidder's a. COMPLIANCE WITH LAWS AND CODES: Federal, State, sole direction,supervision,and control. The successful bidder County and local laws,ordinances, rules and regulations that shall exercise control over the means and manner in which it in any manner affect the items covered herein apply. Lack of and its employees perform the work, and in all respects the knowledge by the bidder shall in no way be a cause for relief successful bidder's relationship, and the relationship of its from responsibility. The successful bidder shall strictly comply employees, to the COUNTY shall be that of an Independent with Federal, State and local building and safety codes. Contractor and not as employees or agents of the COUNTY. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: processes, or other items supplied in response to this bid) Pursuant to Palm Beach County Code Section 2-371 through contained in its bid meets all ANSI. NFPA, and all other 2-377, the Palm Beach County Criminal History Records Federal and State requirements. Bidder further certifies that, Check Ordinance ("Ordinance"), the County will conduct if it is the successful bidder, and the product delivered is fingerprint based criminal history record checks on all persons subsequently found to be deficient in any of the not employed by the County who repair, deliver, or provide aforementioned requirements in effect on date of delivery,all goods or services for, to, or on behalf of the County. A costs necessary to bring the product into compliance shall be fingerprint based criminal history record check shall be borne by the bidder. conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and Any toxic substance provided to the County as a result of this delivery persons,who are unescorted when entering a facility solicitation or resultant contract shall be accompanied by its determined to be either a critical facility("Critical Facilities")or Safety Data Sheet(SDS). a criminal justice information facility("CJI Facilities"),which are critical to the public safety and security of the County. County The Uniform Commercial Code(Florida Statutes,Chapter 672) facilities that require this heightened level of security are shall prevail as the basis for contractual obligations between the identified in Resolution R-2003-1274,as amended. In October Page 505 of 1106 Page 3 2013, compliance with the requirements of the U. S. Federal j. INDEMNIFICATION: Regardless of the coverage provided by Bureau of Investigations CJI Security Policy was added to the any insurance, the successful bidder shall indemnify, save Ordinance, which includes a broad list of disqualifying harmless and defend the County, its agents, servants, or offenses. The bidder is solely responsible for understanding employees from and against any and all claims,liability,losses the financial, schedule, and 1 or staffing implications of this and I or causes of action which may arise from any negligent Ordinance. Further,the bidder acknowledges that its bid price act or omission of the successful bidder, its subcontractors, includes any and all direct or indirect costs associated with agents,servants or employees during the course of performing compliance with this Ordinance, except for the applicable services or caused by the goods provided pursuant to these FDLE 1 FBI fees that shall be paid by the County. bid documents and 1 or resultant contract. e. PUBLIC ENTITY CRIMES: F.S.287.133 requires Palm Beach k. PUBLIC RECORDS, ACCESS AND AUDITS: The bidder County to notify all bidders of the following: "A person or agrees that copies of any and all property, work product, affiliate who has been placed on the convicted vendor list documentation, reports, computer systems and software, following a conviction for a public entity crime may not submit schedules, graphs, outlines, books, manuals, logs, files, a bid on a contract with a public entity for the construction or deliverables, photographs, videos, tape recordings or data repair of a public building or public work, may not submit bids relating to the Contract which have been created as a part of on leases of real property to a public entity, may not be the bidder's services or authorized by the COUNTY as a awarded or perform work as a contractor, supplier, reimbursable expense, whether generated directly by the subcontractor, or consultant under a contract with any public bidder, or by or in conjunction or consultation with any other entity, and may not transact business with any public entity in party whether or not a party to the Contract,whether or not in excess of the threshold amount provided in F.S. 287.017 for privily of contract with the COUNTY or the bidder, and CATEGORY TWO for a period of 36 months from the date of wherever located shall be the property of the COUNTY. being placed on the convicted vendor list." Any material submitted in response to this solicitation is C NON-COLLUSION: Bidder certifies that it has entered into no considered a public document in accordance with Section agreement to commit a fraudulent, deceitful, unlawful, or 119.07, F.S. This includes material which the responding wrongful act, or any act which may result in unfair advantage bidder might consider to be confidential. All submitted for one or more bidders over other bidders. Conviction for the information that the responding bidder believes to be Commission of any fraud or act of collusion in connection with confidential and exempt from disclosure(i.e.,a trade secret or any sale,bid,quotation,proposal or other act incident to doing as provided for in Section 119.07 and Section 812.081, F.S.) business with Palm Beach County may result in permanent must be specifically identified as such. Upon receipt of a public debarment. records request for such information, a determination will be made as to whether the identified information is, in fact, No premiums, rebates or gratuities are permitted; either with, confidential. prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of The bidder shall maintain records related to all charges, materials, discontinuation of services, and removal from the expenses,and costs incurred in estimating and performing the vendor bid list(s),and 1 or debarment or suspension from doing work for at least three(3)years after completion or termination business with Palm Beach County. of the Contract. The COUNTY shall have access to such records as required in this Section for the purpose of inspection g. LOBBYING: Bidders are advised that the "Palm Beach or audit during normal business hours,at the Bidder's place of County Lobbyist Registration Ordinance"prohibits a bidder or business. anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any Notwithstanding anything contained herein,as provided under employee authorized to act on behalf of the Commission to Section 119.0701, F.S., if the Bidder: (f) provides a service; award a particular contract regarding its bid, i.e., a "Cone of and(ii)acts on behalf of the COUNTY as provided under Silence". Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701, Florida Statutes, as it may The "Cone of Silence" is in effect from the date 1 time of the be amended from time to time. The Bidder is specifically deadline for submission of the bid, and terminates at the time required to: that the Board of County Commissioners or a County Department authorized to act on their behalf, awards or 1. Keep and maintain public records required by the approves a contract, rejects all bids, or otherwise takes action COUNTY to perform services provided under the Contract. which ends the solicitation process. 2. Upon request from the COUNTY's Custodian of Public Records ("County's Custodian") or COUNTY's Bidders may, however, contact any County Commissioner, representative/liaison,on behalf of the County's Custodian, County Commissioner's staff,or any employee authorized to act provide the COUNTY with a copy of the requested records on behalf of the Commission to award a particular contract,via or allow the records to be inspected or copied within a written communication, i.e.,facsimile,e-mail or U.S.mail, reasonable time at a cost that does not exceed the cost Violations of the"Cone of Silence" are punishable by a fine of provided in Chapter 119 or as otherwise provided by $250.00 per violation. law. The Bidder further agrees that all fees, charges and expenses shall be determined in accordance with Palm h. CONFLICT OF INTEREST: All bidders shall disclose with their Beach County PPM CW-F-002, Fees Associated with bid the name of any officer, director, or agent who is also an Public Records Requests, as it may be amended or employee or a relative of an employee of Palm Beach County. replaced from time to time. Further, all bidders shall disclose the name of any County 3. Ensure that public records that are exempt,or confidential employee or relative of a County employee who owns,directly and exempt from public records disclosure requirements or indirectly,an interest of ten percent or more in the bidder's are not disclosed except as authorized by law for the firm or any of its branches. duration of the contract term and following completion of the Contract,if the Bidder does not transfer the records to i. SUCCESSORS AND ASSIGNS: The County and the the public agency. Nothing contained herein shall prevent successful bidder each binds itself and its successors and the disclosure of or the provision of records to the assigns to the other party in respect to all provisions of the COUNTY. Contract. Neither the County nor the successful bidder shall 4. Upon completion of the Contract,the Bidder shall transfer, assign, sublet, convey or transfer its interest in the Contract at no cost to the COUNTY, all public records in without the prior written consent of the other. possession of the Bidder unless notified by COUNTY's representativelliaison, on behalf of the County's Custodian, to keep and maintain public records required Page 506 of 1106 Page 4 by the COUNTY to perform the service. If the Bidder entity not a party to the Contract, including but not limited to transfers all public records to the COUNTY upon any citizen or employees of the County and 1 or successful completion of the Contract, the Bidder shall destroy any bidder. duplicate public records that are exempt, or confidential and exempt from public records disclosure o. SCRUTINIZED COMPANIES(WHEN CONTRACT VALUE IS requirements. If the Bidder keeps and maintains public GREATER THAN$1 MILLION): As provided in F.S.287.135, j records upon completion of the Contract,the Bidder shall by entering into a Contract or performing any work in meet all applicable requirements for retaining public furtherance of this Invitation for Bid,the BIDDER certifies that records. All records stored electronically by the Bidder it, its affiliates,suppliers,subcontractors and consultants who must be provided to the COUNTY, upon request of the will perform hereunder, have not been placed on the County's Custodian or the COUNTY's Scrutinized Companies With Activities in Sudan List or representativelliaison, on behalf of the County's Scrutinized Companies With Activities in The Iran Petroleum Custodian, in a format that is compatible with the Energy Sector List created pursuant to F.S. 215.473, , or on information technology systems of COUNTY,at no cost to the Scrutinized Companies that boycott Israel List, or is COUNTY. engaged in a boycott of Israel,pursuant to F.S.215.4725,or is engaged in business operations in Cuba or Syria. Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements If the County determines, using credible information available of state law applicable to public records not specifically set to the public, that a false certification has been submitted by forth herein. Failure of the Bidder to comply with the BIDDER,the resulting Contractfrom this Invitation for Bid may requirements of this Section, Chapter 119, F.S. and other be terminated and a civil penalty equal to the greater of $2 applicable requirements of state law, shall be a material million or twice the amount of the Contract shall be imposed, j breach of the Contract. COUNTY shall have the right to pursuant to F.S.287.135. exercise any and all remedies available to it for breach of j contract,including but not limited to,the right to terminate for 3. BID SUBMISSION cause. a. SUBMISSION OF RESPONSES: All bid responses must be IF THE BIDDER HAS submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor letterhead 1 quotation forms QUESTIONS REGARDING THE shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent APPLICATION OF CHAPTER of the company having authority to bind the company or firm. FAILURE TO IGN THE BIDFORM AT THE 119, FLORIDA STATUTES, TOINDICATED PLACES SHALL EECAUSE FOR REJECTION THE BIDDER'S DUTY TO OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time PROVIDE PUBLIC RECORDS indicated on the solicitation preamble,and must be submitted in j a sealed envelope or container bearing the bid number for RELATING TO THE CONTRACT, proper handling. PLEASE CONTACT THE b. CERTIFICATIONS. LICENSES AND PERMITS: Unless CUSTODIAN OF PUBLIC otherwise directed in sub-paragraph d.(Local Preference)or the Special Conditions of this bid, bidder should include with its bid RECORDS AT RECORDS a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction REQUEST, PALM BEACH Industry Licensing Board in the name of the bidder shown on COUNTY PUBLIC AFFAIRS the bid response page. It shall also be the responsibility of the successful bidder to maintain a current Local Business Tax DEPARTMENT, 301 N. OLIVE Receipt(Occupational License)for Palm Beach County and all permits required to complete the contractual service at no AVENUE, WEST PALM BEACH, additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt(Occupational License)is required FL 33401, BY E-MAIL AT unless specifically exempted by law. In lieu of a Palm Beach PBCGOV. County Local Business Tax Receipt(Occupational License),the RECORDSREQU EST bidder should include the current Local Business Tax Receipt ORG OR BY TELEPHONE AT (Occupational License)issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all 561-355-6680. required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to i. INCORPORATION. PRECEDENCE. JURISDICTION, meet this requirement shall be considered default of contract. GOVERNING LAW: This Invitation for Bid shall be included c. SBE BID DOCUMENT LANGUAGE and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and Item 1—Policv conditions),bid response,and purchase order or term contract It is the policy of the Board of County Commissioners of Palm order. Any and all legal action necessary to enforce the award Beach County,Florida,that SBE(s)have the maximum practical or the resultant contract shall ti governed by the laws of the opportunity to participate in the competitive process of supplying State of Florida. Any legal action necessary to enforce the goods, services and construction to the County. To that end, award a the dictionresultal contract will be held in a court of the Board of County Commissioners adopted a Small Business competent jurisdiction located in Palm Beach County, Florida. Ordinance which is codified in Sections 2-80.21 through 2-80.34 m. LEGAL EXPENSES: The County shall not be liable to a bidder (as amended)of the Palm Beach County Code,which sets forth for any legal fees,court costs,or other legal expenses arising the County's requirements for the 58E program, and is from the interpretation or enforcement of the contract,or from incorporated in this solicitation. Compliance with the any other matter generated by or relating to the contract. requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions n. NO THIRD PARTY BENEFICIARIES: No provision of the of this Ordinance are applicable to this solicitation, and shall Contract is intended to, or shall be construed to, create any have precedence over the provisions of this solicitation in the tf third party beneficiary or to provide any rights to any person or evenoa conflict. Page 507 of 1106 Page 5 Although preferences will not be extended to certified MNVBEs, 2 shall be completed and signed by the proposed SBE unless otherwise provided by law, businesses eligible for subcontractor listed on Schedule 1. SBE Primes and SBE certification as an MNUBE are encouraged to maintain their Subcontractors shall specify the type of work to be performed, certification in order to assist in the tracking of MANSE the cost and 1 or percentage. If the SBE intends to subcontract availability and awards of contracts to MMfBEs. This any portion of the job to another certified SBE,or non-SBE,they information is vital to determining whether race and gender are required to list the amount and the name of the neutral programs assist M/4NBE firms or whether race and subcontractor on this form. The Prime may count toward its gender preferences are necessary in order to address any SBE goal second and third tiered SBE subcontractors;provided continued discrimination in the market, that the Prime submits a completed Schedule 2 form for each SBE subcontractor. Additional sheets may be used as needed. Item 2—SBE Goals In lieu of a Schedule 2, a detailed responsive proposal may be The County has established a minimum goal of 15% SBE acceptable. participation for all County solicitations, inclusive of all alternates and change orders. This goal is a minimum,and no Item 5--SBE Certification rounding will be accepted. Only those firms certified by Palm Beach County at the time of bid submission shall be counted toward the established SBE Item 3—Ranking of Responsive Bidders goals. Upon receipt of a complete application, IT TAKES UP Bidders who meet the SBE goal will be deemed to be TO NINETY(90)DAYS TO BECOME CERTIFIED AS AN SBE responsive to the SBE requirement. WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE; a. In evaluating competitive bids or quotes between $1,000 therefore, it is recommended that bidders visit the on-line and one million dollars($1,000,000)where the low bidder Vendor Directory at www.pbcgov.ora/osba to verify SBE is non-responsive to the SBE requirement, the contract certification. shall be awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid Item 6 — Counting SBE Participation „(and MIWBE amount by 10%. In the event there are no bidders Participation for Tracking Purposes) responsive to the SBE requirement, the contract shall be awarded to the bidder with the greatest SBE participation a. Once a firm is determined to be an eligible SBE according in excess of seven percent(7%) participation, as long as to the Palm Beach County certification procedures, the the bid does not exceed the low bid amount by ten percent County or the Prime may count toward its SBE goals only (10%), that portion of the total dollar value of a contract performed by the SBE. Prior to issue,total dollar value of a contract b. In evaluating bids in excess of one million dollars will be determined by the PBC user department by defining ($1,000,000), where the low bidder is non-responsive to factors to be considered as value. Total dollar value of the SBE requirement,the contract shall be awarded to the retail contracts shall be determined by Gross Receipts. low bidder responsive to the SBE requirements provided that such bid does not exceed the lowest responsive bid b. The County may count toward its SBE goals the total value by more than one hundred thousand dollars ($100,000) of a contract awarded to an eligible SBE firm that plus three percent (3%) of the total bid in excess of one subsequently is decertified or whose certification has million dollars ($1,000,000). In the event there are no expired after a contract award date or during the bidders responsive to the SBE goal,the contract shall be performance of the contract. awarded to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, provided c. The County or Prime may count toward its SBE goal a that such bid does not exceed the lowest responsive bid portion of the total dollar value of a contract with a joint by more than one hundred thousand dollars ($100,000) venture,eligible under the standards for certification,equal plus three percent (3%) of the total bid in excess of one to the percentage of the ownership and control of the SBE million dollars($1,000,000). partner in the joint venture. Item 4--Bid Submission Documentation d. The County or Prime may count toward its SBE goal the SBE bidders,bidding as prime contractors,are advised thatthey entire expenditures for materials and equipment must complete Schedule 1 and Schedule 2, listing the work to purchased by an SBE subcontractor, provided that the be performed by their own workforce,as well as the work to be SBE subcontractor has the responsibility for the installation performed by any SBE subcontractor. Failure to include this of the purchased materials and equipment. information on Schedule 1 will result in the participation by the SBE prime bidders own workforce NOT being counted towards e. The County or Prime may count the entire expenditure to meeting the SBE goal. This requirement applies even if the SBE an SBE manufacturer (i.e., a supplier / distributor that contractor intends to perform 100% of the work with their own produces goods from raw materials or substantially alters workforce. the goods before resale). Bidders are required to submit with their bid the appropriate f. The County or Prime may count sixty percent(60%)of its SBE-M/WBE schedules in order to be deemed responsive to the expenditure to SBE suppliers / distributors that are not SBE requirements. SBE-MIVVBE documentation to be manufacturers. submitted is as follows; g. The County or Prime may count toward its SBE goal Schedule 7 — List of Proposed SBE and M!WBE second and third tiered SBE subcontractors;provided that Participation the Prime submits a completed Schedule 2 form for each This list shall contain the names of the SBE Prime SBE and SBE subcontractor. subcontractors intended to be used in performance of the contract,if awarded. This schedule shall also be used if an SBE h. The County or Prime may only count toward its SBE goal prime bidder is utilizing ANY subcontractors. the goods and services in which the SBE is certified and performs with its own forces. (Only. Job Order Contracting (JOC) contracts and Task Authorizations for annual contracts may be excluded from Item 7—Responsibilities After Contract Award this requirement.) Schedule 3—SBE-MIWBE Activity Form Schedule(s)2—Letter(s)of Intent to Perform as an SBE or This form shall be submitted by the prime contractor with each MIWBE Subcontractor payment application when SBE subcontractors are utilized in A Schedule 2 shall be completed by the SBE Prime. A Schedule the performance of the contract. This form shall contain the Page 508 of 1106 Page 6 names of all SBE subcontractors, specify the subcontracted business means that the bidder's headquarters is located dollar amount for each subcontractor and show amount drawn in Palm Beach County or in the Glades,as applicable; or, and payments to date issued to subcontractors. This form is the bidder has a permanent office or other site in Palm intended to be utilized on all non-professional services Beach County or in the Glades, as applicable, where the contracts. bidder will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt Schedule 4—SBE-M/WBE Payment Certification issued by the Palm Beach County Tax Collector is A Schedule 4 for each SBE sub shall be completed and signed required,unless the bidder is exempt from the business tax by the proposed SBE after receipt of payment from the Prime. receipt requirement by law, and will be used to verify that If a SBE subcontractor intends to disburse any funds associated the bidder had a permanent place of business prior to the with this payment to any subcontractor for labor provided on this issuance of this Notice of Solicitation 1 Invitation for Bid. In contract, the amount and name of the subcontractor must be addition,the attached"Certification of Business Location" listed on this form. In addition, if the named subcontractor is a and Business Tax Receipt must accompany the bid at the certified SBE,then a Schedule 4 shall be completed and signed time of bid submission. The Palms Beach County Business by the named SBE after receipt of payment from the SBE Tax Receipt and this Certification are the sole determinant subcontractor. When applicable, the Prime shall submit this of local preference eligibility. Errors in the completion of form with each application submitted to the County for payment this Certification or failure to submit this completed to document payment issued to a sub in the performance of the Certification will cause the bidder/proposer to not receive contract. a local preference. All bidders hereby assure that they will meet the SBE e. DRUG FREE WORKPLACE CERTIFICATION: In compliance participation percentages submitted in their respective bids with with Florida Statute(Section 287.087)attached form"Drug-Free the subcontractors contained on Schedules f and 2 and at the Workplace Certification"should be fully executed and submitted dollar values specified. Bidders agree to provide any additional with bid response in order to be considered for a preference information requested by the County to substantiate whenever two(2)or more bids which are equal with respect to participation. price,quality,and service are received by Palm Beach County. The successful bidder shall submit an SBE-MIWBE Activity f. CONDITIONED OFFERS: Bidders are cautioned that any Form (Schedule 3) and SBE-MNVBE Payment Certification condition,qualification,provision,or comment in their bid,or in Forms(Schedule 4)with each payment application. Failure to other correspondence transmitted with their bid, which in any provide these forms may result in a delay in processing payment way modifies, takes exception to, or is inconsistent with the or disapproval of the invoice until they are submitted. The SBE- specifications, requirements,or any of the terms,conditions, or MNVBE Activity Form is to be filled out by the Prime Contractor provisions of this solicitation,is sufficient cause for the rejection and the SSE-MNVBE Payment Certification Forms are to be of their bid as non-responsive. executed by the SBE or MNVBE firm to verify receipt of payment. g. PRICING: Item 8—SBE Substitutions 1. Prices offered must be the price for new merchandise and After contract award,the successful bidder will only be permitted free from defect. Unless specifically requested in the bid to replace a certified SBE subcontractor who is unwilling or specifications,any bids containing modifying or escalation unable to perform. Such substitution must be done with Other clauses shall be rejected. certified SBE's in order to maintain the SSE percentages 2. The price offered must be in accordance with the unit of submitted with the bid. Requests for substitutions must be measure provided on the bid response page(s). One(1) submitted to the user Department and OSBA. space or line requires only one(1)single,fixed unit price. Anything other than a single,fixed unit price shall result in d. LOCAL PREFERENCE ORDINANCE: In accordance with the the rejection of your bid. Palm Beach County Local Preference Ordinance,a preference 3. All unit prices bid should be within two(2)decimal points. may be given to (1) bidders having a permanent place of If bidder's pricing exceeds two (2) decimal points, business in Palm Beach County or (2) bidders having a Purchasing reserves the right to round up or down permanent place of business in the Glades that are able to accordingly. provide the goods or services within the Glades. 4. Bidderwarrants by virtue of bidding that prices shall remain firm for a period of ninety(90)days from the date of bid 1. Glades Local Preference: Pursuant to the Palm Beach submission to allow for evaluation and award. County Local Preference Ordinance, a 5% Glades Local 5. Bidder warrants by virtue of bidding that prices shall remain Preference is given when a Glades business offers to firm for the initial and any subsequent term, provide the goods or services that will be procured for use 6. In the event of mathematical error(s), the unit price shall in the Glades. If the lowest responsive,responsible bidder prevail and the bidder's total offer shall be corrected is a non-Glades business, all bids received from accordingly. BIDS HAVING ERASURES OR responsive, responsible Glades businesses will be CORRECTIONS MUST BE INITIALED BY THE BIDDER decreased by 5%. The original bid amount is not changed. PRIOR TO BID SUBMISSION. IF THE CORRECTION IS The 5%decrease given for the Glades Local Preference is NOT PROPERLY INITIALED, OR IF THE INTENT OR calculated only for the purpose of determining local LEGIBILITY OF THE CORRECTION IS NOT CLEAR, preference. THE BID SHALL BE REJECTED. 2. Local Preference: Pursuant to the Palm Beach County 7. Bidders may offer a cash discount for prompt payment. Local Preference Ordinance, a 5% Local Preference is However, such discounts shall not be considered in given to bidders having a permanent place of business in determining the lowest net cost forbid evaluation purposes Palm Beach County. If the lowest responsive,responsible unless otherwise specified in the special conditions. bidder is a non-local business; all bids received from Bidders should reflect any discounts to be considered in responsive, responsible local businesses will be the unit prices bid, decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Local Preference is h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to calculated only for the purpose of determining local bid on some items sought by this solicitation should mark those preference. items as"no bid". If some items are to be offered at no charge, 3. To receive a Glades Local Preference or a Local bidders should mark those items as "no charge". Items left Preference(collectively referred to as"local preference"), blank shall be considered a "no bid"for that item, and the bid a bidder must have a permanent place of business in shall be evaluated accordingly. existence prior to the County's issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of Page 509 of 1106 Page 7 i. ACCEPTANCE 1 REJECTION OF BIDS: Palm Beach County pricing to one of its customer(s), the successful bidder shall reserves the right to accept or to reject any or all bids. Palm extend to the Countythe same pricing orthe then current market Beach County also reserves the right to (1) waive any non- price,whichever is lower. substantive irregularities and technicalities; (2)reject the bid of any bidder who has previously failed in the proper performance 4. BID SUBMISSION TIME 1 AWARD OF BID of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The position to perform properly under this award;and(3)inspect all published bid submission time shall be scrupulously facilities of bidders in order to make a determination as to its observed. It is the sole responsibility of the bidder to ensure ability to perform. that their bid arrives in the Purchasing Department prior to the Palm Beach County reserves the right to reject any offer or bid published bid submission time. Any bid delivered after the if the prices for any line items or subiine items are materially precise published time of bid submission shall not be unbalanced. An offer is materially unbalanced if it is considered, and shall be returned to the bidder unopened if mathematically unbalanced,and if there is reason to believe that bidder identification is possible without opening. Bid responses the offer would not result in the lowest overall cost to the County, by telephone, electronics, or facsimile shall not be even though it is the lowest evaluated offer. An offer is accepted. Bidders shall not be allowed to modify their bids after mathematically unbalanced if it is based on prices which are the published bid submission time. significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid line b. POSTING OF AWARD RECOMMENDATION: Recommended items. Fair market price shall be determined based on industry awards shall be publicly posted for review, at the Purchasing standards, comparable bids or offers, existing contracts, or Department and on the Purchasing Department website at other means of establishing a range of current prices for which www.r)bcgov.org/purchasing prior to final approval, and shall the line items may be obtained in the market place. The remain posted for a period of five(5)business days. The official determination of whether a particular offeror bid is materially posting on the Purchasing Department website shall prevail if a unbalanced shall be made in writing by the Purchasing Director, discrepancy exists between the referenced listings, citing the basis for the determination. c. PROTEST PROCEDURE: Protest procedures are provided in j. NON-EXCLUSIVE: The County reserves the right to acquire the Palm Beach County Purchasing Code. Protests must be some or all of these goods and services through a State of submitted in writing, addressed to the Director of Purchasing, Florida contract under the provisions of Section 287.042,Florida via hand delivery, mail or fax to(561)242-6705. Protest must Statutes, provided the State of Florida contract offers a lower identify the solicitation,specify the basis for the protest,and be price for the same goods and services. This reservation applies received by the Purchasing Department within five(5)business both to the initial award of this solicitation and to acquisition after days of the posting date of the recommended award. The a term contract may be awarded. Additionally, Palm Beach protest is considered filed when it is received by the Purchasing County reserves the right to award other contracts for goods and Department. Failure to file protest as outlined in the Palm Beach services falling within the scope of this solicitation and resultant County Purchasing Code shall constitute a waiver of contract when the specifications differ from this solicitation or proceedings under the referenced County Code. resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this 5. CONTRACT ADMINISTRATION solicitation or resultant contract. a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall k. OFFER EXTENDED TO OTHER GOVERNMENTAL be made as soon as possible. Deliveries resulting from this bid ENTITIES: Palm Beach County encourages and agrees to the are to be made during the normal working hours of the County. successful bidder extending the pricing,terms and conditions of Time is of the essence and delivery dates must be met. Should this solicitation or resultant contract to other governmental the successful bidder fail to deliver on or before the stated dates, entities at the discretion of the successful bidder. the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall I. PERFORMANCE DURING EMERGENCY: By submitting a bid, be responsible for making any and all claims against carriers for bidder agrees and promises that,immediately preceding,during missing or damaged items. and after a public emergency, disaster, hurricane,flood, or act of God, Palm Beach County shall be given "first priority'for all Delivered items shall not be considered "accepted" until an goods and services under the contract. Bidder agrees to authorized agent for Palm Beach County has, by inspection or provide all goods and services to Palm Beach County test of such items,determined that they appear to fully comply immediately preceding, during and after a public emergency, with specifications. The Board of County Commissioners may disaster,hurricane,flood,or act of God,at the terms,conditions, return,at the expense of the successful bidder and for full credit, and prices as provided in this solicitation on a "first priority" any item(s) received which fail to meet the County's basis. Bidder shall furnish a 24-hour phone number to the specifications or performance standards. County. Failure to provide the goods or services to the County on a first priority basis immediately preceding,during and after b. FEDERAL AND STATE TAX: Palm Beach County is exempt a public emergency, disaster, hurricane, flood, or act of God, from Federal and State taxes. The authorized agent for shall constitute breach of contract and subject the bidder to Purchasing shall provide an exemption certificate to the sanctions from doing further business with the County. successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials m. SALES PROMOTIONS 1 PRICE REDUCTIONS I MOST to fulfill contractual obligations with the County, nor are FAVORED CUSTOMER: Should sales promotions occur successful bidders authorized to use the County's Tax during the term of the contract that lower the price of the Exemption Number in securing such materials. Any sales tax procured item,the successful bidder shall extend to the County paid by successful bidders to their suppliers for materials to fulfill the lower price offered by the manufacturer on any such contractual obligations with the County are not reimbursable by promotional item. Further, any price decreases effectuated the County to the successful bidder. during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. c. PAYMENT: In order for Palm Beach County to make payment, Additionally, anytime after award, the successful bidder may the Vendor's Legal Name; Vendor's Address; and Vendor's offer a reduced price which shall remain in effect forthe duration TIN/FEIN Number on the successful bidder's bid; must be of the contract. The successful bidder warrants that the price(s) exactly the same as it appears on the invoice and in Palm Beach shall not exceed the successful bidder's price(s)extended to its County's VSS system which can be accessed at most favored customer for the same or similar goods or services httns:llobcvsao.co.osim-beach.fl.us/wehapp/vsso/AltSelfService. in similar quantities, or the current market price, whichever is lower. In the event the successful bidder offers more favorable Page 510 of 1106 Page 8 Successful bidders shall send ALL ORIGINAL_invoices to the following address and may send copies of invoices to the Palm g. REMEDIES: No remedy herein conferred upon any party is Beach County Department requesting the intended to be exclusive of any other remedy, and each and goods/services. Invoices submitted on carbon paper shall not every such remedy shall be cumulative and shall be in addition be accepted. to every other remedy given hereunder now or.hereafter existing at law,or in equity,by statute or otherwise. No single or partial PALM BEACH COUNTY exercise by any party of any right,power,or remedy hereunder FINANCE DEPT. shall preclude any other or furtherexercise thereof. P.O.BOX 4036 WEST PALM BEACH,FL 33402-4036 6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Payment shall be made by the County after goods 1 services Section 2-421 —2-440, as amended, Palm Beach County's Office of have been received, accepted and properly invoiced as Inspector General is authorized to review past,present and proposed indicated in the contract and/or order. Invoices must bear the County contracts, transactions, accounts, and records. The order number. The Florida Prompt Payment Act is applicable to Inspector General's authority includes,but is not limited to,the power this solicitation.Interest penalties will only be paid in accordance to audit, investigate, monitor, and inspect the activities of entities With the Florida Prompt Payment Act,Florida Statute 218.70. contracting with the County,or anyone acting on their behalf,in order Note: Palm Beach County Vendors can now be paid by to ensure compliance with contract requirements and to detect Credit Card via the County's voluntary Payment Manager corruption and fraud. Failure to cooperate with the Inspector General Program. For vendors who don't have a merchant account, or interfering with or impeding any investigation shall be a violation of one is needed to utilize the Program. For vendors with a Palm Beach County Code, Section 2-421 — 2-440, and punished merchant account, you will need to enroll with the Palm Beach pursuant to Section 925.69,Florida Statutes, in the same manner as County Clerk & Comptroller's office. For information, contact a second degree misdemeanor. the Palm Beach County Clerk & Comptroller at gbcoavmentmorfcDmvoalmbeachclerk.com. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods/services described herein,bidder shall,upon request of Palm d. CHANGES: The Director of Purchasing, Palm Beach County, Beach County,provide a copy of the Joint Venture Agreement signed by written notification to the successful bidder may make minor by all parties. changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope,nature, or price of the specified goods or services. Typical minor THIS IS THE END OF"GENERAL CONDITIONS" changes include,but are not limited to,place of delivery,method of shipment,minor revisions to customized work specifications, and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners. e. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of 10 days(or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates the contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to those terminated,and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of,the successful bidder),the rights and obligations of the parties shall be those provided in Section 5f,"Termination for Convenience". f. TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from I the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. Page 511 Of 1106 Page 9 SPECIAL CONDITIONS 8. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions,the provisions of the Special Conditions shall have precedence. 9. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County(normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. A. List a minimum of three 3 references in which similar goods and/or services have been provided within the past three years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 10. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites andlor buildings which have been designated as either"critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the recommended awardee(s) and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Contractor shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the contractor or its subcontractor terminates an employee who has been issued a badge, the Contractor must notify the County within two (2) hours. At the time of termination, the contractor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Contractor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated contractor employee or subcontractor employee within the stated time; or 3)fails to make a good faith effort in attempting to comply with the badge retrieval policy. 11. AWARD (ALL-OR-NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis. Therefore, it is necessary for a bidder to bid on every item in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications the entire bid will be considered non-responsive. Additionally, if a bidder enters a No Bid, or NIA for any item, they will be considered non-responsive. 12. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation. In the event that this right is exercised, the lowest responsive, responsible bidder shall be designated primary awardee and the next lowest responsive, responsible bidder shall be designated secondary awardee. The primary awardee shall be given the first opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform.The primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The primary awardee Page 512 of 1106 Page 10 may be found in default of this contract if it declines more than 10%of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining the less desirable work. Additionally, if during the term of the contract the primary awardee is found in default of the contract; does not agree to renew the contract; or unilaterally terminates the contract, the rights, duties, and obligations of the primary awardee shall be offered to the secondary awardee and awarded upon mutual agreement. 13. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve 12 months or until the estimated amount is expended, at the discretion of the County.The County will order on an "as needed" basis. 14. ADDITION 1 DELETION OF DELIVERY LOCATIONS Palm Beach County reserves the right to add or delete delivery locations(including locations within the Glades)during the term of the contract at its sole discretion. Additional locations shall be based on price per ton offered on the Bid Response page, and shall not exceed the original expiration date of the contract. Additional sites may be subject to renewal options. 15. DELIVERY Delivery shall be required within three 3 calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 16. AS SPECIFIED A term contract delivery order(DO)will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 17. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page. 18. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve 12 months with the option to renew for four 4 additional twelve month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. 19. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, clo Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to ITS at pbc@instracking.com or fax (562) 435-2999, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Page 513 of 1106 Page 11 Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto,Workers' Compensation and Employer's Liability(and Professional liability,when applicable), said Certificate(s)shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. 'i. i i I I Page 514 of 1106 Page 12 SPECIFICATIONS IFB#18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Sodium Chloride, Solar Salt quality or greater at various locations throughout Palm Beach County. TECHNICAL REQUIREMENTS 1. The sodium chloride (NaCl), granular, shall be solar salt quality or greater, containing no organic binders, flow control agents, or resin cleaning materials, and meeting or exceeding the following specifications(as ppm [mg/kg]weight): NaCl: Dry basis 96.3 -98% Wet basis 93.3% min. Calcium sulfate 0.30% max. Ma nesium chloride 0.06% max. Calcium chloride 0.10% max. Magnesium sulfate 0.02% max. Insoluble 0.1% max. Moisture as H90) 3.0% max. Lead 0.0007% max. Copper 0.0003% max. Iron as Fe 0.002% max. Total im urities soluble & insoluble 2.0% max. 2. Product shall be as per ANSIIAWWA B200 latest revision Standards, Section 5,VERIFICATION. 3. Product shall be homogeneous and in a crystalline granular form, 4. Product shall be white in color. COUNTY'S RESPONSIBILITIES The County shall order on an as needed basis, during the term of the contract. SUCCESSFUL BIDDER'S RESPONSIBILITIES 1. If the material does not meet the requirements of the Standards, the successful bidder shall remove it from the County property at no additional cost. 2. The successful bidder may be required to provide an affidavit to the County upon request stating that the Sodium Chloride furnished complies with all applicable requirements of the Standards. 3. All bulk shipments shall be accompanied by certified weight tickets. Delivery shall be made using pneumatic tanker trucks only and shall be bulk delivery. 4. Successful bidder shall be responsible for hose connection (4"aluminum cam-lock). 5. Delivery will be full truckloads and shall be delivered on an as needed basis. CURRENT DELIVERY LOCATIONS ESTIMATED QUANTITY Water Treatment Plant#2 2956 Pinehurst Drive, West Palm Beach, FL 33467 Patti 5,400 Tons Brock(561)493-6360 Water Treatment Plant#8 1500 Jog Road, West Palm Beach, FL 33415 Tim 2,700 Tons McAleer(561)493-6180 COUNTY ACCEPTANCE Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach Count has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of Count' Commissioners may return at the expense of the successful bidder and for full credit, any items received which fail to meet the County's specifiications or performance standards. PAYMENT Payment is based on the unit price provided on the Bid Response page. Payment shall be rendered ONLY upon the County's satisfaction of service(s)rendered.Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation, travel, manpower, fuel, mobilization, demobilization and other facilities and services necessary to fully and completely provide the service(s)as specified above. No additional compensation shall be offered or paid. Page 515 of 1106 Page 13 BID RESPONSE IFB #18-0691MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM ESTIMATED NO. DESCRIPTION 12 MONTH UNIT UNIT PRICE TOTAL OFFER QUANTITY SODIUM CHLORIDE, GRANULAR, SOLAR SALT 1. QUALITY, BULK DELIVERY in accordance with 8,100 TON $ $ AWWA#13-200 Standards as specified herein. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term#9? YESIINITIAL Acknowledge Criminal History Records Check requirement, per Term#10? YES/INITIAL Acknowledge Insurance requirements, per Term #19? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: PRINT NAME: * SIGNATURE: PRINT TITLE: ADDRESS: CITY 1 STATE: ZIP CODE: TELEPHONE# { } E-MAIL: TOLL FREE # ( } FAX#: { ) APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# Page 516 of 1106 Page 14 QUALIFICATIONS OF BIDDERS REFERENCES FOR IFB #18-0691MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: ADDRESS: E- This Contact must be informed that CONTACT NAME: they are listed as a reference, and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: ADDRESS: <- This Contact must be informed that CONTACT NAME: they are listed as a reference, and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: I REFERENCE NAME: ADDRESS: This Contact must be informed that CONTACT NAME: they are listed as a reference, and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: FIRM NAME: Page 517 of 1106 Page 15 CERTIFICATION OF BUSINESS LOCATION IFB 918-069/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the elate of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bidlquote due date. I. Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. II. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by as (Name of Individual) of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 518 of 1106 Page 16 DRUG-FREE WORKPLACE CERTIFICATION IFB #18-0691M13 IDENTICAL TIE BIDS/QUOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bidslquotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however,that any preference given pursuant to Section 287.087,shall be made in conformity with the requirements pursuant to the Palm Beach County Code,Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bidslquotes are received from vendors who have not submitted with their bidslquotes a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/quote,and received on or before the published bidlquote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive. Whenever two(2)or more bidslquotes which are equal with respect to price, quality,and service are received by Palm Beach County for the procurement of commodities or contractual services, a bidlquote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program,a business shall: (1) Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of 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 number(1). (4) In the statement specified in number (1), notify the employees 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, Florida Statutes, 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 Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (Individual's Name) of (Title/Position with Company/Vendor) (Name of CompanyNendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287,087, Florida Statutes,which are identified in numbers(1)through (6)above. Signature Date Revised-11110116 Page 519 of 1106 ti T N W L) Q1 m W p � OCL d ZMW u z Wm m e o. Om— N i° NH d 3 r+ "C Jaz a � 'm O � a =a1 0 UE ZLL m Lou- LU V w 2 c � x�- m o a z �} E a OLLm Wp 4 z Q Lou J LLJ Z zO0. Q 'a sa NW W W °' � � e V Pma a o 3 J Q LU OOa o loot 1 ° � � w pCL LL W L O pYZLU g 2L w Ix M � O vi p = ww a LLI r 0 � �_mw �O � L w p 3� � LL � =a V p O w WOa m CJ Q I. WQ 7 a CL Fmz W $ w v� 0 gJ4m y a mS Tu 06 a pq m�o w W m zEml mc : m � wmZ dN wm 11 El 11 El 11 H a m a a O W J W V o o e W HJJO & ao0p awd r a D '82 W, `o W zVzmil c3 3 o q e d vmzJ o u WOOW c 7 Hm ) L6 'LLU a a O w0mz A � 3:0 H1LZ �' } O—O s en mWUt= �- p O a z o = WZZ� J W O J w W 0 �LLI 3 E m d o a LI W OpTF o E r m m © HZrN a w omZ � � FN� � F ' p O a z — 1p o y rw W N a M Q W 0 O(/�a a Z a a ? � JW 9 m �' LL z i) a W a ° T O V W 0 Lu W wCL p � QIL E �a 0 LU a O Q T O x cc �i c i v ui IL z U m Page 520 of 1106 Page 18 OSBA SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE-MIWBE SUBCONTRACTOR This document must be completed by the SBE-MIWBE Subcontractor and submitted with bid packet. Specify in detail, the particular work items to be performed and the dollar amount and/or percentage for each work item.SBE credit will only be given for items which the SBE-MIWBE Subcontractor are SBE certified to perform. Failure to properly complete Schedule 2 may result in your SBE participation not being counted. PROJECT NUMBER: PROJECT NAME: TO: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a- (check one or more, as applicable): Small Business Enterprise Minority Business Enterprise Black Hispanic Women Caucasian Other (Please Specify) Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line Item/ Total Price/ Lot No. Item Description Qty/Units Unit Price Percentage at the following price or percentage (Subcontractor's quote) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to subcontract any portion of this job to a certified SBE or a non-SBE subcontractor,please_ list the name of the subcontractor and the amount below. Price or Percentage ! I (Name of Subcontractor) The Prime affirms that it will monitor the SBE's listed to ensure the SBE's perform the work with its own forces. The undersigned subcontractor affirms that it has the resources necessary to perform the work fisted without subcontracting to non-certified SBE or any other certified SBE subcontractors except as noted above. The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders. (Print name of SBE-MIWBE Subcontractor) By: (Signature) (Print name/title of person executing on behalf of SBE/MM/BE Subcontractor Revised 10/11/2011 Date: Page 521 of 1106 W = W M m N C F+ SOW O d a _ oU) E O Ls� � m CL E O O Q O y t�q' m vCL H �� C. mQ c M 0 0 1C U_ � N _d E d d 10 1- M C O rte.. Y d Os 0�f V r w U L N � 0 LU N 0f = - o •� .ON W .O 16- G. 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Q , 0 m 03 r0+ O N L y in W w UJO W .3 C N om w O O m E � co ��� � ; H a z CO w O U) a a a 0 a` 0, . — w PAe 522 of 1106 Page 20 OSBA SCHEDULE 4 - SBE-M/WBE PAYMENT CERTIFICATION The Prime Contractor is to submit Schedule 4 with its Monthly Payment Request to Palm ]Beach County to reflect actual payments made to the SBE-M/WBE Subcontractor. The Prime Contractor is not to request signature from an SBE-M/WBE Subcontractor unless it has made a payment to the SBE--M/WBE Subcontractor. The SBE-M/WBE Subcontractor is not to complete and sign this form unless it has received a payment from the Prime Contractor for services actually performed by the SBE-M/WBE Subcontractor. A separate Schedule 4 is required for each SBE-M/WBE Subcontractor payment. This is to certify that received (SBE or M/WBE Subcontractor Name) (Monthly) or (Final) payment of $ from E On �..... MM DD YYYY (Prime Contractor Name) For labor and/or materials used on / (Project Name) (Work Order) DEPT. : PROJECT NO. : PRIME CONTRACTOR VENDOR CODE: SBE OR M/WBE SUBCONTRACTOR VENDOR CODE: If the SBE Subcontractor intends to disburse any funds associated with this payment to any Subcontractor for labor and/or material provided on this project, please provide the following information: *Subcontractor Name: Amount to be paid: *Note: if the subcontractor listed in this section is an SBE or M/WBE a separate schedule 4 is required to verify payment. By: (Signature of Subcontractor) (Print Name & Title of Person executing on behalf of Subcontractor) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of 20 By: Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Rev. 5 Last updated: 11/18/11 Page 523 of 1106 6.E. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-2C-03 with CDM Smith, Inc. in the amount of$99,960.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 7, 2018 for work on a Hydraulic Analysis for the Downtown Stormwater System. EXPLANATION OF REQUEST: Contract Period: August 22, 2018—August 21, 2020 CDM Smith completed a review of the stormwater hydraulic capacity and water quality retrofit needs of the Downtown Watershed, with a focus on the area between Town Square and the Downtown Stormwater Pond at the east end of Boynton Beach Boulevard. Staff has requested CDM Smith to expand the scope and geographical area of their evaluation. This Task Order will provide an update to the computer model of the stormwater conveyance and treatment for the Downtown Watershed. It will examine a larger study area as depicted in Figure 1 of the attached proposal. In general, the study area will extend north to the Boynton (SFFWMD C-16) Canal, east to the Intracoastal Waterway, south to SE 12th Avenue, and west to NW 4th Street. The study will also identify opportunities for regional stormwater treatment areas that would provide benefits to the City for flood control and support redevelopment by routing stormwater runoff to the treatment areas. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will enable Utilities to identify and prioritize the needed stormwater system improvements in the eastern portion of the City, which will result in an improved level of service to the residents and businesses, reduced frequency of nuisance flooding, and will support future growth and redevelopment. FISCAL IMPACT: Budgeted Funding for the project is available in Utilities C I P account 403-5000-538-65.09, project STM031. ALTERNATIVES: Not proceed with the evaluation at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 524 of 1106 Grant Amount: ATTACHMENTS: Type Description D Task Order CDIVI Smith Proposal D Contract CDIVI Smith Contract Page 525 of 1106 CD (illi S Ith HYDRAULIC ANALYSIS FOR DOWNTOWN STORMWATER SYSTEM CONTRACT NO.: 046-2821-17/TP -GENERAL CONSULTING SERVICES SCOPE CATEGORY"C" Task Order No. UT-2C-03 BACKGROUND This Task Authorization- Hydraulic Analysis for Downtown Stormwater System,when executed,shall become part of the Agreement for Professional Services between the City of Boynton Beach (CITY) and CDM Smith Inc. (CONSULTANT)dated August 20,2018. SCOPE OF WORK Following the City's review of the hydraulic capacity and water quality retrofit needs of the Downtown Watershed completed under Task Order No.UT-2C-01,the CITY has directed the CONSULTANT to prepare a new Task Order to further update the existing stormwater model for the Downtown Watershed. The 2018 stormwater model update from Task Order No.UT-2C-01 refined the 1999 model based on conveyance infrastructure data provided by the CITY tributary to Pond B. This included migration of the stormwater model data sets to be compatible with the Environmental Protection Agency(EPA)Stormwater Management Model (SWMM)Version 5 using the PCSWMM interface.The additional updates recommended for the Downtown Watershed that are included in this Task Order are listed below: 1. Extend the Downtown Watershed study area northward from Martin Luther King Boulevard;to the Boynton Beach Canal; east of NW 1st Street(Figure 1); 2. Verify the western border extent of the Downtown Watershed using the 2017 Digital Elevation Model (2017 DEM) developed from the 2017 Light Detection and Ranging (LiDAR)topography for Palm Beach County; 3. Update the existing hydrologic unit boundaries for the Downtown Watershed and create new hydrologic unit boundaries for the expanded watershed area added under Item 2 above; 4. Verify overland flow paths using the 2017 DEM for each hydrologic unit that comprise the Downtown Watershed; 5. Update basin surface storage calculations using the 2017 DEM for the Downtown Watershed; 6. Identify potential opportunities for exfiltration trench treatment systems in areas of the Downtown Watershed currently with no water quality treatment(water quality retrofit); and, 1 Page 526 of 1106 Hydraulic Analysis for Downtown Stormwater System Task Order UT-2C-03 Page 2 7. Identify opportunities for regional stormwater ponds that would benefit the CITY in both flood control and water quality retrofit Based upon the outcome of these updates and alternatives analysis,the CONSULTANT will make recommendations regarding implementation of an updated Capital Improvement Program (CIP) and update the ERP for the Downtown Watershed. TASK 1—STORMWATER MODEL UPDATE The CONSULTANT will update the 2018 hydrologic and hydraulic stormwater model PCSWMM data sets as defined below. Subtask 1.1—Hydrologic Model Update The CONSULTANT will update the following hydrologic model parameters: a. Verify and update if required,up to 110 hydrologic unit boundaries presented in the December 21,2018 Technical Memorandum prepared by the CONSULTANT as part of a previous Task Order using the 2017 DEM; b. Verify the western boundary of the Downtown Watershed,and update if required based upon the 2017 DEM; c. Review up to 10 proposed development plans within the Downtown Watershed with the CITY to identify proposed stormwater infrastructure; d. Contact FDOT and Palm Beach County with regard to additional pipes that require inclusion in the model; e. Expand the norther boundary of the Downtown Basin to the Boynton Beach Canal as shown in Figure 1,including the creation of new hydrologic unit boundaries commensurate with the level of detail of hydrologic modeling defined in Subtask 1.2; f. Update the overland flow parameters (e.g.,slope,path,and width)for each hydrologic unit using the 2017 DEM; g. Update the surface storage/depression areas for the modeled hydrologic units using the 2017 DEM; and, h. Update the runoff parameters used by PCWMM based upon soil infiltration characteristics estimated using the National Resource Conservation Service (NRCS) soils map and the 2026 Future Land Use map provided by the CITY.The CONSULTANT will consolidate land use categories into a maximum of 15 groups with similar runoff characteristics. The CONSULTANT will update the 2018 PCSWMM model data sets to include the updated runoff parameters and will draft a summary section presenting the updated data and model. Subtask 1.2—Hydraulic Model Update The CONSULTANT will update the following hydraulic model parameters: 2 Page 527 of 1106 Hydraulic Analysis for Downtown Stormwater System Task Order UT-2C-03 Page 3 a. Add the underground stormwater conveyance infrastructure based upon available data (24-inch in diameter or equivalent and larger)for the expanded (up to 50 additional pipes) area on the northside of the Downtown Watershed; b. Update/create overland flow path connectivity between hydrologic units and stormwater model nodes (e.g.,street flow)in the existing stormwater model.This includes one day of field observation time for the expanded areas of the Downtown Watershed (north end); c. Explicitly model local hydraulic losses instead of integrating into an equivalent roughness coefficient(Manning's"n");and d. Update stage-area-storage relationships based on the 2017 LiDAR topography. The CONSULTANT will identify potential survey needs for the City to provide.This may include pipes,channels,road and/or building elevations. The CONSULTANT will update the 2018 PCSWMM model data sets to include the updated hydraulic parameters. Using the updated stormwater model,the CONSULTANT will simulate the 100-Year,25-Year, and 10-Year,72-Hour design storm events.The South Florida Water Management District (SFWMD)rainfall distribution will be used for each design storm event.The CONSULTANT will confirm with both the CITY and the SFWMD on total rainfall volume to be used for each design storm event Peak stages and flows predicted by the stormwater model will be tabulated and the CONSULTANT will draft a summary section presenting the updated data and model. Subtask 1.3—Level of Service(LOS)Analysis The CONSULTANT will establish landmark(indicator) elevations for structures and/or roadways evaluated in the stormwater model using data made available for this study by the CITY.The landmark elevations established for the LOS analysis are the critical or lowest landmark elevation.These elevations will be determined from topographic map information (2017 DEM).The CONSULTANT will designate a desired design storm event LOS for each conveyance element included in the stormwater model based on CITY standards.The established critical elevation will be compared to the predicted peak water surface elevation from each design storm event simulation to determine if a structure meets its designated LOS. This comparison will be done in a table format. Subtask 1.4—Floodplain Mapping The CONSULTANT shall conceptually delineate the 10-Year,25-Year,and 100-Year floodplain areas on 8.5"by 11"figures based on the model results from Task 1.3 and the 2017 DEM.This will not be to a FEMA level of detail. TASK 2—ALTERNATIVES ANALYSES The CONSULTANT will conduct an alternative analysis based upon findings from the previous Task Order(11/19/2018) and discussions with the CITY as defined below. 3 Page 528 of 1106 Hydraulic Analysis for Downtown Stormwater System Task Order UT-2C-03 Page 4 Subtask 2.1-Alternatives Analyses The CONSULTANT will identify a feasible stormwater Capital Improvement Program (CIP) alternative to meet the CITY's selected LOS for the structures within the model extent of the Downtown Watershed that are predicted not to meet the assigned LOS.The CONSULTANT will document the alternative with description of the proposed project,the amount of water quality treatment provided(ac-ft and equivalent inches) as well as its advantages and disadvantages that include: • Flood control benefit; • Permit requirements; • Potential water quality,aquifer recharge,and environmental benefit; • Engineer's opinion of conceptual capital costs; • Operation and Maintenance (0&M)needs; and, • Public acceptance. For this study,the alternative analyses will evaluate the following project types: Exfiltration Trench-The CONSULTANT will identify streets that have the potential to be retrofit with exfiltration trench for water quality treatment The focus will be on streets/neighborhoods currently without water quality treatment infrastructure. Stormwater Ponds-The Consultant will identify locations for up to 3 regional/neighborhood stormwater ponds that may provide benefit for both flood control and water quality retrofit Stormwater Conveyance Improvements-The Consultant will identify locations where a modeled pipe is predicted to not meet the desired LOS because of its conveyance capacity(not a storage restriction). The updated stormwater model will be used to identify the flood control benefit based upon flood reductions provided during the 100-Year,25-Year,and 10-Year/ 72-hour design storm events.The CONSULTANT will provide conceptual capital cost estimates at the present worth dollar's value of the identified CIP.The cost estimates will be based on the conceptual layout and subject to change pending of a more detailed design process (not included in this scope of services).The stormwater improvement CIP alternative will focus on identified flooding problem areas.The CONSULTANT will develop a draft report section summarizing the alternatives and analysis and will also develop GIS layouts for each conceptual alternative. Subtask 2.2-Recommended Plan The CONSULTANT will meet with the CITY to review the results of Task 2.1. During the meeting,the CONSUTLANT and the CITY will identify refinements to the alternative to include in the recommended stormwater CIP for the Downtown Watershed.The CONSULTANT will prepare a final GIS layout of the recommended plan. The CONSULTANT will also delineate the 10-Year,25-Year,and 100-Year/72-Hour floodplain areas on 8.5"by 11"figures based on the model results from Task 2.1 and the 2017 DEM.This will not be to a FEMA level of detail. 4 Page 529 of 1106 Hydraulic Analysis for Downtown Stormwater System Task Order UT-2C-03 Page 5 The CONSULTANT and the CITY will meet with the SFWMD to discuss what options would be available to the CITY for obtaining a conceptual ERP for the Downtown Watershed.The CONSULTANT will draft a report section summarizing the recommended plan and components, LOS,conceptual capital costs,operation and maintenance requirements,permit requirements, and potential phasing. TASK 3—DOWNTOWN WATERSHED STORMWATER UPDATE REPORT The CONSULTANT will prepare the Draft Downtown Watershed Summary Report Update for CITY review summarizing the data and results of Task 1 and Task 2 in digital format(*.PDF file). The CONSULTANT will meet with the CITY to discuss the results of the draft report and mutually agree how the CITY comments should be incorporated into a final report document The CONSULTANT will print and assemble the Final Downtown Watershed Report Update into three hard copy binders.The report will generally build upon the 1998 report and the subsequent technical memoranda prepared by CDM Smith (100 pages or less including figures). TASK 4—PROJECT AND QUALITY MANAGEMENT MEETINGS Activities performed under this task consist of those general functions required to maintain the project on schedule,within budget,and that the quality of the work products defined within this scope is consistent with the CONSULTANT's standards and the CITY's requirements.Specific activities included are identified below: Subtask 4.1—Progress Meetings The CONSULTANT will meet with the CITY at regular intervals during the duration of the project to discuss the progress of the project. A total of three progress meetings have been planned for budget estimating purposes. The CONSULTANT will prepare meeting notes of each meeting as appropriate.This task also includes internal team meetings. Subtask 4.2—Project Quality Management The CONSULTANT maintains a quality management system (QMS)for CITY projects performed by the CONSULTANT.Technical reviews of deliverables are budgeted for and will be performed to review various milestone submittals. Subtask 4.3—Project Status Reports The CONSULTANT's project manager will prepare and submit a monthly written status report and invoice for anticipated project duration of 4 months.Additionally,the CONSULTANT will provide email updates as requested by the CITY. Basis for Estimate 1. The CITY will make available both construction drawings and the proposed development plans within the Downtown Watershed. 2. No new topographic mapping will be acquired under this project 3. Stormwater modeling will be done using the PCSWMM tool. 4. The CITY will be responsible for augmenting survey if deemed necessary by the CONSULTANT for this study. 5 Page 530 of 1106 Hydraulic Analysis for Downtown Stormwater System Task Order UT-2C-03 Page 6 DELIVERABLES The CONSULTANT will provide the following deliverables to the CITY: 1. Three hardcopies of the Downtown Watershed Summary Report Update (Task 3). 2. Support Data a. Documented Flooding Problems and Complaints b. GIS Maps i. Basin boundaries ii. Model schematic iii. Land use iv. NRCS soils map v. Conceptual 10-, 25- and 100-Year 72-Hour design storm event floodplain areas on 8.5"by 11"figures vi. Conceptual improvements vii. Recommended CIP plan map c. Model input/output files for the 10-, 25-, and 100-Year/Design storm events d. Model input/output files for alternatives analysis 3. Attend three project status meetings FEE For the services performed under this Task Authorization,the CITY agrees to pay the CONSULTANT a lump sum amount of$99,960.The fee build-up for the lump sum amount are presented in the attached tables. SCHEDULE The CONSULTANT shall complete the work within 4 months of receipt of the notice-to-proceed from the City.A project schedule will be developed following the project kickoff meeting with CITY staffs. cc: Suzanne Mechler Brian Mack 6 Page 531 of 1106 $hose Or :jyI'It oI2 Bew,irh C0119i ' 1 i ! North Rd 0,1l n NVI.'t3th Ave.... ' N� NE 13th Ave T3 A,vtS I rymt n n _ c � South Rd � � t 12th Ave Manners Way Nom.7?tNM Ave _; FJt:_92tkh Ave `� tl�na.. _.. � I" a c ua s`v ` � NE 12th Ter NW lith Ave BE 11th AvP fj NW 19th Ave Mailer Tar rg F31 rJ etrcf W Marti alttier King Jr Blvd Martin Luther King Jr€3Dgrl::: i � NE 16th Ave a� v� NW 9th Ave.. N :.. SIF StkY Ave �fr _NE.Sth Ave �r AIWtt nth Ave N kith ttx r NE 8th,Ave Eleuth N NE 7th Ave , t11 t. l *^ NW 7th Ave Sys, e V NE 701 Ave a p N E.,_. s.- a NE Gtht_Ave NW ii4th v Ak,S< .n NE 5th Ave h "d NWtkt Av P�fi4� ,5tlias z veC a x NW 4tii ve NW 4th Ave NE 4th Ave tw ;� NE 411h Ave w rr M. r� ltrbV "M NW, 'cA AV e KN e NE 3rd Ave s m. j'Et S.J zgv BO111A11SCh �i�u ht h;9 6W,alv3,3'(g w F t3 yrvt n ishr E3iv k P NXtvr tq.t.Ave Al. "NWlet:Ave N£. let Ave � �s� io ,.f.aniaLoma Blvd z w zt = W Ocean Ave Oceau Ave E Ocean Ave 8,i; C JAI aIt Ave SW't.at Ave ="31+'4r 1A°.Av€t SE tat Ave,3 ' t . ' (..i Hudsari AV to Sof grid Ave SYv`2nd:Ave BE:2nd AvcU,J Ear u SE 3rd Ave lrrtl.u.,eaae,t,al at,,,r 0y SW 3rd Ave S 3rd Ave �,. N u, SW J5 SE..4thAve 171n YlhCac4t ,lvrA __.SW 4th.Ave SW 4tlt Ave .... 47J "St. s "' tf'1. ,'fh Ave ui.:_... , SW 5th Ave cy �... � BE 5th lave s: �.y. 911 ✓i y a a SW 5th Ln 6f€'v Ave to SW bath Ave SE 6th Ave W 701 Ave j SW 7th Ave SE 7th:.Ave Kepner::Dr W 7th C; S SW tkth Ave BE 4ttrAve � r i '. SW lith Ave. ... _ '. ,� :.G3'reenhriar Gr u _.Hasfroadr r3r.:N: SW 9th Ave v _.. SE'9fli Ave :va "r ? F u w ui ' 1 ^esr.ialrr __.SW IOth.Ave SW I0"i Ave__.. SE.IOth Ac' nI o Har'hnur Fir S i. C7eea11 Farb Crr �. SSW 9Ath Ave,,, yE 11th Aliveawn i; : } Castilla Ln '. ui /s tr ' .�, t'e �. 4. .SUI 12th Ave S � I#a ;1 4+y,j Riviera Or Jule FC Figure 1 . Proposed Study Area Miles 0 0.050.1 0.2 0.3 0.4 Page 532 of 1106 O O O O OO O O O O O: 0 m u u o co a N x N m co N co a ze V 0 F F 0 m � a O � a X Ci? FR FR O In FR O O FR O O m O � o O o o OO O O O o 0 p co o co u u o co o a � 3 G T 0 O O O 0 r 4- 00 00 H � 0 P i+ O O LO ate'+ O n QL U) yO y O ° s° CO d y O� W O1 a0+ Ca O o co co co un 4a W p p o 0 O H CO Xoz 75 N — m c° m LO m C) ed o a 'i o R � v v m tzm +' cC biD C) ss M >, M s v on u 3 > a C) v bil C' j x � � H ry cry rt+ H N � H H N co °" e-4 e-i e-i e-i tV cV crj ' ai ai ai GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CDM SMITH, INC., hereinafter referred to as "the CONSULTANT",in consideration of the mutual benefits,terms,and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services;and WHEREAS,THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach,RFQ No.046-2821-17rrP;and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders,at the request of the CITY during the term of this Agreement,including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants'work. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLEAN FINAL Page 534 of 1106 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost,and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services C-2 V.5 CLEAN FINAL Page 535 of 1106 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes,administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL Page 536 of 1106 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 537 of 1106 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY.If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY,if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY,if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project,and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL Page 538 of 1106 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services C-6 V.S CLEAN FINAL Page 539 of 1106 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints,drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractorfor the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time,no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT,which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 12.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; •3 Conducting all necessary construction progress meetings; •A Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services 7 V.5 CLEAN FINAL Page 540 of 1106 Field observation and verification of quantities of equipment and materials installed; Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; •S Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; B• Development and implementation of a system for the preparation, review,and processing of change orders; •t• Maintenance of a daily log of each project; •3 Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; •'• Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion;and S Securing and transmitting to the CITY, required guarantees;affidavits; releases;key manuals;record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY,and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL $ Page 541 of 1106 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees,subconsultents and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. •: Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. •S Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to,changes in size,complexity,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies,reports,design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations,ordinances,codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies;cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposa[/proposal protests,re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 542 of 1106 proposals) in which event there shall be no additional cost for the provision of such services. 4+ Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. �• Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. +: Providing artwork,models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor,except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4)default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. ❖ Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 543 of 1106 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 544 of 1106 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order,the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes,and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSU LTANT,fai lure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling"basis,as some already assigned task orders near timely completion. if a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that tho CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G-12 Page 545 of 1106 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach,an event of default shall include the following: + CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90)days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default,the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLF,AN FINAL C-13 Page 546 of 1106 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 547 of 1106 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. :• The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative,the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. ❖ The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry,such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index(CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C�� Page 548 of 1106 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. B• The CITY may after examination,refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient, In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information,reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT,shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 549 of 1106 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE S-COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment to schedules and prices. ARTICLES-INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services C-17 V.5 CLEAN FINAL Page 550 of 1106 ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract,CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claimlaggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 551 of 1106 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement,maintain a"tail coverage"in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract.The CITY shalt not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12-COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 552 of 1106 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 553 of 1106 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10)days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions,conditions,or requirements herein contained,if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G-21 Page 554 of 1106 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall,however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses,economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses,projections,or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. ARTICLE 24-.NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Copy to: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C"22 Page 555 of 1106 City of Boynton Beach City of Boynton Beach Attn: Procurement Services Attn: Utilities Director P.O.Box 310 124 E.Woolbri ht Road Boynton Beach, FL 33425 Boynton Beach,FL 33435 And Notices to CONSULTANT,shall be sent to the following address: CDM Smith Inc. Attn:Suzanne Mechler,P.E. 621 NE 53rd Street Suite 265 Boca Raton, FL 33487 ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract,or any disagreement or dispute concerning it,shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it,shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 556 of 1106 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes, The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYLEJABBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 557 of 1106 Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES,AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which shall be considered an original on the following dates: DATED this )0 4,k day of do- 20 c CITY OF BOYNTON ppBEACH City Manager C NSULTANT Attest/Authenticated: 0V`Q '•"'!rSM T of Title 197U • a — Cit erk "at y Approved to Fo Attest/Authenticated: Offi of the Cit Attorn Secretary Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL Page 558 of 1106 EXHIBIT"A" FEE SCHEDULE FIRM: CDM SMITH INC. DATE: March 19,2018 Personnel Classifications Hourly Rate Principal $270.00 Project Manager $250.00 Senior Engineer $220.00 Process Engineer $220.00 Sr Electrical Egn. $230.00 Elec.Egn. $160.00 Process Control/Inst.Egn. $210.00 Sr.Mechanical Engineer $230.00 Mechanical Engineer $160.00 Engineer $160.00 Designer $140.00 GIS Specialist $180.00 CADD/Technician $140.00 Public Relations Specialist $150.00 Construction Inspector $165.00 Sr.Rate analyst $240.00 Clerical/Administrative $120.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CI.,EAN FINAL C-2fi Page 559 of 1106 EXHIBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contacts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by AM,Best Co.of`B+"or higher.(NOTE do insurance contract or binder stay be accepted as proofof insurance if Certificate is provided upon selection of vendor,) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) --------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------- -------------------------------------------------------------- General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Internodal ---------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 -------------------------------.._--_-------------------------------------------------------------------------------- ----------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined -------------------------------------------------------------------------------------------------------------I-------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ---------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost -------------------------------------------------------- --------------------------------------------------------------- Other- As Risk Identified to be determined -------------------------------------------------------------------------------------------------------------------_---------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 560 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date; Name of Firm: Office Location: 1. 1 Service: I (Check One) p Plarmin /Study Activity,Re ortOther ❑ Design/Engineering Services/Preliminary Bid Document ❑ Finat Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name ofPraject: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating Check One ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? 1 ❑ I Yes 1 ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of paper, 8. Name title and office ofrating officer e. .Utilities Director): 9, Signature ofratinofficer: Boynton Beach Utilities-General Consulting Services V.5 CLF.AN FINAL C"28 Page 561 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerical) 1 to 5 with 5 beingthe hi hest score N/A 1. Thorou h site investigation 1 2 13 14 15 2. ..Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity,accuracy,and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID,&AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Secs afford competition 1 12 3 4 15 2. Secs complete/thorough 1 2 3 4 15 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineers estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. 1 Pre-bid conference participation 1 2 3 4 5 8. Respons to inquiries 1 2 3 4 5 9. Bid evaluation ualit /timeliness 1 2 3 4 5 10. Response to building&permittinq agencies 1 2 3 14 5 11. Addendum preparation&permit applications 1 2 3 14 5 Name and title of rating officer(e.g. Utilities Director): rn Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 562 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Drawings Reflect True Conditions 1 12 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. 1Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation,etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 1 2 3 14 1 5 Name and title of rating officer(e.g. Utilities Director): Si nature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3U Page 563 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the highest score NIA 1. Thorou h investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solvin ? 7. Overall results 1 2 3 4 5 Name and title of ratinq officer(e.g. Utilities Director): Signature of ratinp officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 564 of 1106 CERTIFICATE OF LIABILITY INSURANCE DAT0802�01 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. w a IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on thisO certificate does not confer rights to the certificate holder in lieu of such endorsement(s). '� PRODUCER CON EACT 0 Aon Risk Services Northeast, Inc. PHONE (g66) 283-7122 FAX 800-363-0105 d Boston MA Office AIC.Na Ext: /C.No, 53 State Street E-MAIL 2 0 suite 2201 ADDRESS: _ 805tOn MA 02109 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: National union Fire Ins Co of Pittsburgh 19445 GDM Smith Inc. INSURER B: New Hampshire insurance company 23841 75 State street, Suite 701 Boston Ma 02109 USA INSURER C: American Home Assurance Co. 19380 INSURER D: Illinois National insurance cc 23817 INSURER E: Lloyd's syndicate No. 2623 AA1128623 INSURER F: COVERAGES CERTIFICATE NUMBER:570072564350 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limas shown are as requested INSR ADD[BURR YEXP LTR TYPE OF INSURANCE [NBC WVD POLICY NUMBERMMID LIMIT A X COMMERCIAL GENERALLIABIUY GL 4 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $300,000 PREMISE nonce MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 rq GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4,000,000 PRO-POLICY �JECT X LOC PRODUCTS-COMP/OPAGG 54,000,000 OTHER: 0 n A AUTOMOBILE LIABILITY CA 1921822 01101/201801/01/2019 COMBINEDSINGLE LIMIT $2,000,000 'c A05 A X ANYAUTO CA 1921821 01/01/2018 01/01/2019 BODILY INJURY(Perperson) 0 OWNEDSCHEDULED MA BODILY INJURY(Per accident) d AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE K ONLY AUTOS ONLY Peraocdenl O d UNBRELLALIAB HOrCUR EACH OCCURRENCE V EXCESS LIM CLAIMS-MADE AGGREGATE DED I RETENTION B WORKERS COMPENSATION AND WC014649625 01/01/2018 01/01/2019 X PER OTH- E6PLOYER&LIABILITY YIN AOS STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $1,000,000 B OFFICERIMEMSER EXCLUDED? N NiA WC014649626 01/01/2018 01/01/2019 (Mandatory in NH) AK,AZ,VA E.L.DISEASE-EA EMPLOYEE $1,000,000 if e under DESCRIP ON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-_ E Archit&Eng Prof PSDEF1800033 01/01/2018 01/01/2019 Each claim 51,000,000 Professional/claims Made Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Addmanal Remarks Schedule,maybe attached Nmare space is required) City of Boynton Beach is included as Additional insured in accordance with the policy PProvisions of the General Liability and automobile Liability policies. XCU coverage is included under the General Liability go icy where required by written contract. ri.r contractual Liability is included under the General Liability policy where required by written contract. 3 ■ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach AUTHORIZED REPRESENTATIVE Attn: Charles J. Magazine Risk Manager � �y 100 E. Boynton Beach Blvd. �y� r, f- pe—z? Po BOX 310 . [a c.?��i c%L'.rlrrs; c/�` .,,,!>. Boynton aeach FL 33435-0310 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 565 of 1106 AGENCY CUSTOMER ID: 10518329 LOC#: ADDITIONAL REMARKS SCHEDULE Page _of_ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. CDM Smith Inc. POLICY NUMBER See Certificate Number: 570072564350 CARRIER I IN IC CODE see certificate Number: 570072564350 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER, INSURER ADDITIONAL POLICIES if a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION I.rnITS LTR INSD VIVO DATE DATE NIDD MMlDD WORKERS COMPENSATION C N/A WC014649627 01 01/2018 01 O1 2019 CA D N/A WC014649628 01/01/2018 01/01/2019 FL B N/A WC014649629 01/01/2018 01/01/2019 IL, KY, NC, NH, UT, VT B N/A wc014649630 01/01/2018 01/01/2019 MA, No, OH, WA, WI, WY B NJAwc014644631 01J01/2018 01/01/2019 NI, PA ACORD 101(2008/01) 92008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Page 566 of 1106 6.F. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Accept update on redlight camera program. EXPLANATION OF REQUEST: Attached are charts showing citations issued by location for the following time periods: 10/1/17- 04/20/18 18,371 citations issued 10/1/18- 04/20/19 16,024 citations issued This information shows a 13% decrease in violations from the previous year. For the period 10/1/18- 4/30/19 (7 months) the financial results were: Revenue-Fines, admin fees $1,067,400 Expenses $ 673,600 For the period 10/1/17- 4/30/18 (7 months) the financial results were: Revenue-Fines, admin fees $ 737,100 Expenses $ 589,800 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 567 of 1106 ATTACHMENTS: Type Description D Attachment Redlight Camera Stats Page 568 of 1106 s _0 +� L 4' Vf InL N dA 00 CLn GJ _ a L cn aA 00 C N U a-J +-' cn +' 06 °J Ln 06 v 06 ^ co C U �, 00 �, O M L O 06 C: _ moo v Sao > 00 c U L Z (n L r-I O 4J 00 4J Mo (O O N p N .- 00 +' I-m l0 p 00 m Nm p Ol 0 Ln +' (0 m m CD V1 4J 00 L11 l0 I� � n N LL Ln(7 —i m —i Nm Mm �--� L- 41 4 L Q — 0 4 o O 0 LO L ^^ F _ �0 W O 1 ' 00 *F =3 00 €„ _- --F ++ N O O (o (o 0 4� 4 € s L � 4� H += NL N aJ dA 00 O Ln waJ cn dA O }� aJ O N u N N Ln +, 06 0 u 06 06 �, oo �, O O V O an _ _ 06c t ro t 3: 0 06 06 Z r-I 4Jl0 (L) m p O O M p Ln ++ U _0 rn 4� r,m —1 O ;j-m Lnm mo ;l- O ai ++ ai r, 10 q;4-m N oo m mm LL Ln v LL Ln(D CS m �-i c-I m Nm L ai 1 L_ Q 0 � a 4 O — o LO i, ui (1) uia c #; O t , u a 1ui a, 3 L rn v co C O o a1 p O to a O coo O � -t=-_ N J � { L (0 O ' frit O O � L ui ui cc ui O 6.G. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19. EXPLANATION OF REQUEST: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. Report covers January1, 2019 through March 31, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Budgeted - None ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment 2nd Quarter Report 0 FY18/19 Page 571 of 1106 Alk Schoolhouse (, MUSEUM & LEARNING CENTER Quarterly Report FY '18/'19 2" Quarter General Operations The second quarter of the fiscal year showed improvement in Program Income, Group Income and Special Events compared with 2" quarter '17/'18. Visitation was on par with 2018 for the quarter. Membership unit sales were slightly lower, however, the income generated was slightly higher as a result of the membership categories sold. Gross income for the quarter was higher primarily due to income generated by the fundraiser scheduled for April 111H Revenue Gross revenue for the second quarter of'18/'19 was 10.8% higher than the same period last year. Excluding the City's support, income from operations, including fundraising for FY '18/'19—Q2 was $118,284 vs $106,704 in FY '17/'18—Q2. Expenses Overall Expenses for the second quarter of'18/'19 were higher by 4.5% when compared to the same period last year. Expenses for FY '18/'19—Q2 were $119,720 vs. $114,531 in FY '17/'18—Q2. Programming In addition to regular educational classes, the following special events and programs took place. January • Moon & Stars—January 3rd • Fabulous Fun Friday—January 4lh • Focused Field Trip—January 101h • Focused Field Trip—January 14th • Planning week—January 7— 111h • Focused Field Trip—January 17th • Fabulous Fun Friday—January 18th • INCA—January 21s' • Outreach—Bridges—January 22nd • Focused Field Trip—January 24th • Focused Field Trip—January 28th • Focused Field Trip—January 31s' Page 572 of 1106 February • Fabulous Fun Friday— February 1st • Group Visit— February 4th • Outreach— Bridges— February 5th • Magic Wheels PR— February 8th • Group Visit— February 11th • Focused Field Trip— February 14th • Fabulous Fun Friday— February 15th • Focused Field Trip— February 18th • Outreach— Bridges— February 19th • Group Visit— February 21St • Focused Field Trip— February 25th • Group Visit— February 28th March • Fabulous Fun Friday— March 1St • Focused Field Trip— March 4th • Outreach— Bridges— March 5th • Group Visit— March 7th • Focused Field Trip— March 11th • Group Visit— March 14th • VIP Reception— March 14th 5:30pm —8pm • Focused Field Trip— March 18th • INCA— March 18th • Outreach— Bridges— March 19th • Focused Field Trip— March 25th • Outreach— March 25th • Group Visit— March 28th Respectfully submitted, Suzanne Ross Executive Director Page 573 of 1106 6.H. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the six(6) month period ended March 31, 2019. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the six(6) month period ended March 31, 2019 (50% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 91,124 $ 65,077 71% $ 87,487 $ 59,689 68% 4.2% 9.0% &Transfers Expenditures $(91,124) $(50,198) 55% $(87,487) $(47,658) 54% 4.2% 5.3% Excess (Deficit) $- $ 14,879 $ $ 12,031 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $14.8M surplus for the period ending March 31, 2019. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $75.2M or 82% of our total $91.1 M General Fund budget estimate for FY 2018- 19. Transfers from other funds (non-revenues) provide $15.9M or 18% of the total funding sources to balance our $91.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 36.3M —Property taxes less Tax Increment Financing to the CRA 2. 42% - $ 38.9M —All other revenues plus General Fund Balance 3. 18% - $ 15.9M —Transfers from other funds 100% - $ 91.1 M —Total funding sources Page 574 of 1106 The property tax rate for FY 2018-19 is 7.9000 mills, no change from the prior year; the net property taxes of $34.OM in FY 2018-19 represent an 6.55% increase in property tax revenue or an increase of$2.2M from FY 2017-18. To balance the budget in FY 2018-19, it required transfers from other funds of$15.9M representing 18% of all funding sources. Actual Funding Sources Realized: At the end of the sixth month in FY 2018-19, revenues and transfers realized are approximately $65M or 71% of the budget estimate compared to $59.6M or 68% realized to date in FY 2017-18. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $33.1M or 91% of $36.3M as compared to $30AM or 89% of$34.OM for FY 2017-18, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 4.16% from $87AM to $911.11M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures — General Fund expenditures for the sixth month period ending March 31 (50% of the fiscal year) are $50.1 M that is 55% of the $91.1 M expenditure appropriation for FY 2018-19. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $50.1 M or 55% of the FY 2018-19 budget. At this point in the fiscal year, FY2018-19 spending levels are $2.5M ahead of the $47.6M or 54% expended in FY 2017-18 for this same period. UTILITY FUND The FY 2018-19 annual expenditure budget of $48.7M represents a $2.11M increase from the FY 2017-18 budget of $46.5M. The operational forecast reflects an estimated decrease of $1.OM of the fund balance for FY 2017-18, see Exhibit C. FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $48,708 $24,684 51% $46,544 $23,669 51% 4.6% 4.3% &Transfers Expenditures $ (48,708) $ (23,861) 49% $ (46,544) $ (21,411) 46% 4.6% 11.4% Excess (Deficit) $- $ 823 $- $ 2,258 For the sixth month period in FY 2018-19, • Revenues realized are $24.6M (51%) of the annual budget estimate. • Expenditures incurred are $23.8M (49%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $.82M. Expenditures (Exhibit D)— Utility Fund FY 2018-19 expenditures to date are $23.8M or 49% of the annual Page 575 of 1106 appropriation compared to expenditures of $21.4M or 46% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru Mar 31, 2019 D Addendum GF Statement of Expenditures thru Mar 31, 2019 D Addendum OF Statement of Revenues thru Mar 31, 2019 D Addendum OF Statement of Expenditures thru Mar 31, 2019 Page 576 of 1106 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2019(50%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 44,146,986 $ 40,953,783 93% $ 41,458,358 37,785,318 91% LESS TIF TAXES TO CRA 7,816,311 (7,823,321) 100% 7,360,831 (7,360,831) 100% NET TAXES TO THE CITY 36,330,675 33,130,462 91% 34,097,527 30,424,487 89% LICENSES AND PERMITS BUSINESS TAXES 1,750,000 1,650,332 94% 1,731,000 1,629,061 94% BUILDING PERMITS 2,965,000 2,186,399 74% 2,712,000 1,285,618 47% FRANCHISE FEES 4,915,000 2,333,304 47% 4,865,000 2,497,700 51% OTHR LICENSES,FEES&PER 222,000 156,543 71% 222,000 185,234 83% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 12,199 16% 85,000 541,443 637% STATE SHARED REVENUES 8,852,000 4,411,009 50% 8,677,000 3,810,539 44% SHRD REV FROM OTHR LCL 335,000 210,180 63% 335,000 81,469 24% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 124,663 151,981 122% 121,300 137,657 113% CHRGS-GENERAL GOVT 508,688 225,720 44% 507,800 235,730 46% PUBLIC SAFETY 6,981,200 5,271,727 76% 6,086,500 4,341,455 71% PHYSICAL ENVIRONMENT 20,000 3,835 19% 20,000 12,126 61% CULTURE/RECREATION 411,500 208,996 51% 428,700 230,393 54% INTEREST&MISC REVENUE LIBRARY FINES 30,000 6,609 22% 30,000 9,779 33% VIOLATIONS LOCAL ORD. 393,000 243,549 62% 643,000 119,658 19% INTEREST EARNINGS 65,000 127,145 196% 65,000 9,438 15% RENTS AND ROYALTIES 363,800 207,838 57% 368,800 227,439 62% SPECIAL ASSESSMENTS 6,589,000 6,211,589 94% 6,589,000 6,127,254 93% SALE OF SURPLUS MATERIAL 1,500 8,294 553% 1,500 1,220 81% OTHER MISC.REVENUE 4,264,000 355,297 8% 4,715,145 188,430 4% INTERNAL FUND TRANSFERS TRANSFERS 15,927,000 7,963,500 50% 15,067,850 7,533,925 50% FUND BALANCE APPROPRIATED - - 0% 118,100 59,050 50% Total Revenues $ 91,124,026 $ 65,076,508 71% $ 87,487,222 59,689,105 68% $100,000 Two Year Cumulative Revenue Comparison and CFY $91,124 Budget g ($in thousands) 1� $80,000 - v rr illfjf� ''lilt '''�t $70,000 AN - - h �� m m m $60,000 $50,000 s n ' $40,000 30,000 's $20,000 r $10,000 6' $D ......... ........... .... ......... ........f ...... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2017-18 Actual Cumulative 2018-19 Actual 2018-19 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S:TinanceTinancial Reports\Monthly Financial Reports\FY2018-2019AFY1819 Budget Review-GF-thru Mar 19 Summarized001 Revenue Summary Revised Page 57/70,of 1106 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2019(50%of Fiscal Year) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 276,642 $ 144,587 52% $ 267,301 $ 144,831 54% CITY MANAGER 745,932 434,976 58% 746,362 403,110 54% CITY HALL/GEN.ADMIN. 3,837,051 1,344,944 35% 6,230,163 3,095,062 50% MARKETING/COMMUNICATIONS 464,668 192,909 42% 333,846 183,658 55% SPECIAL EVENTS 251,714 57,603 0% 0 0 0% TOWN SQUARE 5,630,454 2,165,430 0% 1,500,000 0 0% CITY CLERK 763,171 346,468 45% 569,241 305,974 54% CITY ATTORNEY 574,761 251,886 44% 724,916 282,723 39% FINANCIAL SERVICES 1,348,593 772,542 57% 1,184,980 649,823 55% ITS 2,439,074 1,307,696 54% 2,143,805 1,113,244 52% HUMAN RESOURCES 815,343 422,972 52% 824,823 399,378 48% PUBLIC SAFETY UNIFORM SERVICES 17,307,392 10,493,295 61% 17,039,645 10,198,510 60% ADMINISTRATIVE SERVICES 3,452,639 1,787,570 52% 3,266,135 1,793,599 55% SUPPORT SERVICES 10,381,854 6,079,315 59% 9,953,470 5,727,176 58% FIRE 24,018,134 14,995,997 62% 24,270,971 14,388,146 59% COMMUNITY STANDARDS 2,219,335 1,102,502 50% 2,066,791 1,177,480 0% EMERGENCY MANAGEMENT 28,775 1,655 6% 22,320 2,441 11% BUILDING&DEVELOPMENT DEVELOPMENT 1,172,208 701,078 60% 1,136,941 636,010 56% BUILDING 1,357,060 781,541 58% 1,502,497 724,061 48% ENGINEERING 659,397 333,884 51% 622,155 319,542 51% PLANNING&ZONING 843,629 365,636 43% 756,125 405,847 54% ECONOMIC DEVELOPMENT 463,475 193,863 42% 412,318 154,412 37% PUBLIC WORKS PUBLIC WORKS 152,825 88,627 58% 245,550 125,382 51% FACILITIES MANAGEMENT 1,915,028 928,052 48% 2,023,598 815,257 40% STREETS MAINTENANCE 1,200,324 557,531 46% 1,127,135 491,714 44% LEISURE SERVICES LIBRARY 2,336,700 1,176,031 50% 2,315,127 1,217,958 53% SCHOOLHOUSE MUSEUM SERV 322,094 115,837 36% 254,971 115,059 45% RECREATION 3,011,935 1,541,152 51% 3,005,874 1,535,488 51% PARKS&GROUNDS 3,133,819 1,507,274 48% 2,940,162 1,237,229 42% CRA REIMBURSABLE&RESERVES - 4,940 0% - 15,243 0% Total Expenditures $ 91,124,026 $ 50,197,793 55% �$-- 87 487 222 $ 47,658,357 54% $100,000 Two Year Cumulative Expenditure Comparison and $91,124 $90,000 3 CFY Budget-($in thousands) 41 4M. $80,000 3 0a I � $70,000 $60,000 �itti � h $50,000 a� $40,000 G] $30,000 $20,000 $10,000 I3 g $0 ------ - ----r---------- ----r---- ---? ------- --- -------- T ---------------------------- T------ -----------?--- --------- Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep "Cumulative 2017-18 Actual Cumulative 2018-19 Actual 2018-19 Budget S:TinanceTinancial ReportsWonthly Financial Reports\FY2018-2019\FY1819 Budget Review-GF-thin Mu 19 Summarized001 Expenditure Summary Revised Page 57&1ef 1106 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2019(50%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 22,542,000 $ 11,301,010 50% $ 21,675,000 $ 10,976,619 51 WATER CONNECTION FEE 150,000 33,725 22% 150,000 22,740 15 WATER SERVICE CHARGE 850,000 463,855 55% 850,000 469,675 55 WTR-BACKFLOW PREVNTR TEST 14,000 9,284 66% 10,000 10,936 109 RECLAIMED WATER SALES 310,000 250,530 81% 64,000 150,259 235 SEWER SERVICE 19,635,000 9,810,764 50% 18,870,000 9,590,408 51 STORMWATER UTILITY FEE 4,100,000 2,024,715 49% 3,800,000 1,922,447 51 TELEVISE SEWER LINES 10,000 10,364 104% 5,000 8,574 171 FEES 20,000 44,576 223% 20,000 1,929 10 INTEREST INCOME 35,000 139,457 398% 35,000 (15,891) -45% SALE OF SURPLUS MATERIAL 2,000 - 0% 2,000 - 0 OCEAN RGE UT TAX ADM CHG 800 476 60% 800 408 51 MISCELLANEOUS INCOME - 75,988 0% - 48 0% FUND BALANCE DECREASE(INCREASE) 1,039,304 519,652 50% 1,061,993 530,997 50 TOTAL REVENUES $ 48,708,104 $ 24,684,396 51% $ 46,543,793 $ 23,669,149 51 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 _ Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) $50,000 y ,,bey $48,705 b� �b3 I 3g ' ',. $40,000 b5 W I $30,000 �q yob ra b rya, ry titi � y $20,000 y ry y� b� ti y°tiv I I $10,000 �ryy �ti rye $o Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep .. ._Cumulative 2017-18 Actual VFWK Cumulative 2018-19 Actual 2018-19 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru Mar 19 Summari-d401 Rev Sum Page 579 of 1106 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31,2019(50%of Fiscal Year) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,958,189 $ 951,807 49% $ 1,946,158 $ 904,740 46% PUBLIC WATER TREATMENT 6,590,080 3,238,772 49% 6,009,493 2,508,510 42% METER READING&SERVICES 1,324,231 705,994 53% 1,284,678 658,475 51% WASTEWATER COLLECTION 1,620,043 774,033 48% 1,674,357 769,139 46% WASTEWATER PUMPING STATNS 2,861,825 1,276,026 45% 2,810,391 1,184,977 42% SEWAGE TREATMENT 4,856,000 2,276,477 47% 4,550,000 1,270,816 28% WATER QUALITY 644,646 299,277 46% 642,397 311,815 49% UTILITY ADMINISTRATION 17,911,961 8,566,586 48% 17,046,237 8,400,180 49% UTILITES ENGINEERING 1,523,222 838,841 55% 1,478,276 854,681 58% STORMWATER MAINTENANCE 1,255,446 597,614 48% 1,148,994 566,357 49% CUSTOMER RELATIONS 1,175,261 600,403 51% 1,226,307 614,928 50% DEBT SERVICE 6,987,200 3,735,117 53% 6,726,505 3,366,658 50% Total Expenditures $ 48,708,104 $ 23,860,947 49% $ 46,543,793 $ 21,411,276 46% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) $50,000 $48,708 hti 0 $40,000 ,.�`0..... X41 I , v�b �Mb I $30,000 �� ( ; ^ti _ $20,000 $10,000 - ��°_ � $o '� - m - -------, m --- - Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2017-18Actual MISS Cumulative 2018-19 Actual 2018-19 Budget S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru Mar 19 Summari-d401 Exp Sum Page 580 of 1106 6.1. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of April 2019. 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 April 2019: Purchase Order Vendor Amount 161296 Kimley Horn &Associates $11,210.00 190945 Envisio Solutions, Inc. $14,310.00 190946 Step CG, LLC $21,836.97 190959 Foray Technologies $17,728.00 190960 Metro-Dade K-9 Services $11,500.00 190962 Core & Main LP $12,341.84 190974 Anzco $117,303.10 190982 Cintas Corp $22,085.09 190985 Mathews/Baxter & Woodman $68,937.00 190992 Arroyo Process Equipment $12,450.00 191000 Atlantic Southern Paving $103,064.70 191020 Anzco $65,507.00 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 purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None Page 581 of 1106 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment D Attachment Attachment Page 582 of 1106 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR APRIL 2019 (D 1. Vendor: Kiley Horn &Associates Purchase Amount: $11,210.00 Requesting Department: Utilities Contact Person: Chris Roschek Date: 7/11/16- PO Brief Description of Purchase: 4/18/19-CO Original PO was issued on 7/11/16 in the amount of$79,368.00. This was Commission Approved on 7/5/16. A change order in the amount of$11,210.00 was requested for Task#5-additional construction phase services. Increase is due to additional construction administration work that is beyond the scope of services of the original agreement. The contract time was extended for four additional months due to approved time extension requests by the Contractor R& D Paving, LLC to complete the project. Globaltech, Inc. Contract under General Consulting Services RFQ 017-2821- 14/DJL dated 7/1/14. Task Order No. U-3D-03. Source for Purchase: RFQ 017-2821-14/DJL Fund Source: 403-5000-533-65-02 T1 601 2. Vendor: Envislo Solutions, Inc. Purchase Amount: $14,310.00 Requesting Department: Economic Development Contact Person: David Scoff Date: 4/2/19 Brief Description of Purchase: Strategic planning software that will help facilitate visual organization on our strategic plan &allow us to track progress, enhance accountability&provide a mechanism for future phases of performance measurement. Source for Purchase: Three Written Quotes Fund Source: 001-2419-559-49-17 1 Vendor: Step CG, LLC Purchase Amount: $21,836.97 Requesting Department: ITS Contact Person: John McNally ate: 4/2/19 Brief Description of Purchase: D The ITS Department is working with StepCG, LLC to replace two network switches that are used by both the Utilities SCADA networks and the administration network that are past end-of-life and no firmware updates have been released for over two years. While replacing the two switches we will extend the Extreme Networks Fabric that already exists in the East Water Plant and Fire Station#5 to the Utilities Administration building and West Water Plant. This is being done to prepare the network for"Automated Campus Infrastructure"planned to be implemented citywide when the new City Hall is completed. Source for Purchase: Piggyback State Contract Fund Source: 303-4101-580-64-15-$19,586.97 #43220000-WSCA-1 4-ACS ITI 815 001-1510-513-49-17- $2,250.00 Page 1 Page 583 of 1106 4. Vendor: Foray Technologies Purchase Amount: $17,728.00 Requesting Department: Police Contact Person: Captain Zeller Date: 4/5/19 Brief Description of Purchase: The current police physical evidence management software is outdated (2004). In 2014 the department purchased the Foray ADAMS system for digital evidence management. The system, as purchased, has the ability to also manage physical evidence with more modern capabilities. With the purchase of a data conversion, vendor setup,and training we can take full advantage of the Foray system which is already sucessfully deployed. These services can only be provided by Foray which is a propriatry system. Source for Purchase: Sole Source Fund Source: 001-2110-521-64-14-$9,000.00 001-2111-521-64-14-$8,728.00 5. Vendor: Metro-Dade K-9 Services Purchase Amount: $11,500.00 Requesting Department: Police Contact Person: Captain Zeller Date: 4/5/819 Brief Description of Purchase: This is for the purchase of a K-9 for our new K-9 handier. Three quotes were obtained$7,300, $8,500&Metro-Dade K- 9 at$11,500. Metro-Dade K-9 is the highest priced quote. However, we have purchased our last 5 K-9's from this company and have had tremendous success. In addition, they are located in Miami Dade and are always available (phone and in per-son)for any issues that may arise. It is our recommendation that Metro-Dade K-9 is selected based on prior positive experiences and the level of services they have provided. Source for Purchase: Three Written Quotes Fund Source: 691-5000-590-04-32 6. Vendor: Core& Main LP Purchase Amount: $12,341.84 Requesting Department: Utilities Contact Person: Leon Liberus Date: 4/9/19 Brief Description of Purchase: Replacement valves for influent of treatment basins at P. Source for Purchase: Three Written Quotes Fund Source: 403-5000-533-65-02 WTR020 7. Vendor: Anzco, Inc. Purchase Amount: $117,303.10 Requesting Department: Public Works Contact Person: Gail Mootz Date: 4/10/19 Brief Description of Purchase: Task Order F-15-2019: Modify existing Rolling Green Site. Source for Purchase: RFQ 018-2511-18/IT Fund Source: 303-4225-580-62-01 RP1901 8. Vendor: Cintas Corporation#283 Purchase Amount: $22,085.09 Requesting Department: Public Works Contact Person: Gail Mootz Date: 4/12119 Brief Description of Purchase. Deep Clean Fire Stations 2, 3, 4&5. Source for Purchase: Piggyback Us Communities Fund Source: 001-2511-519-49-17 Contract#R-BB-1 9002 Page 2 Page 584 of 1106 9. Vendor: Mathews/Baxter&Woodman, Inc. Purchase Amount: $68,937.00 Requesting Department: Public Works Contact Person: Gall Mootz Date: 4/12/19 Brief Description of Purchase: Task Order UT-3D-01 for Forest Park traffic study oft area. They will be placing traffic counters in various locations, do speed data, a crash analysis, how to determine traffic calming measures, an alternative temporary installation and create a design &final report. Source for Purchase: RFQ 046-2821-17[TP Fund Source. 303-4905-580-63-08 CP0266 10.Vendor: Arroyo Process Equipment, Inc. Purchase Amount: $12,450.00 Requesting Department: Utilities Contact Person: Leon Liberus Date. 4/16/19 Brief Description of Purchase: Treatment Basin#1 gearbox repair at EWTP. Source for Purchase: Sole Source Fund Source: 401-2811-536-46-20 11.Vend o r., Atlantic Southern Paving Purchase Amount: $103,064.70 Requesting Department: Public Works Contact Person. of Mendoza Date: 4/18/19 Brief Description of Purchase: Task Order ASPS-11-2 201 for sidewalk repairs to various areas in the City. Source for Purchase: Bid#010-2512-18/IT Fund Source: 303-4905-580-63-08-$47,014.60 CP0266 303-4904-541-63-24-$56,050.10 CP0263 12.Vendor: Anzco, Inc. Purchase Amount: $65,507.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 4/25/19 Brief Description of Purchase: Task Order F-21-2019 for the installation of doors and wall at the new fleet location. Source for Purchase: RFQ 018-2511-18/IT Fund Source: 501-2516-519-49-17 Page 3 Page 585 of 1106 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 161296 BOYNTON EACH, LX 31033425-0310 DATE: 07/11/16 VENDOR 1682 SHIP TO: TO: KIMLEY HORN & ASSOCIATES INC. City of Boynton Beach 1920 WEKIVA WAY EAST UTILITY ADMIN SUITE 200 124 E. woo RIGHT ROAD WEST PALM BEACH, FL 33411 BO TON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: e q•"3 LATE NEEDED: 010 NOe COMMISSION APPROVED, EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST * CHANGE #: 2 * CHANGE ORDER * DATE CHG. 04/18/19 2 2445 . 00 DL TASK ;.ORDER<FQR FIN I S.TGN,. 1.0000 2445 . 00 PERMITTING, Bid.diAg aid. Construct ion Phi0. S.ILS, Vi e.s ;for 11th Aunu NTadel lock: 3 11210 . 00 DL CHANGE ORDER #2 TASK 5 1..0000 11210. 0 0 .AD-D"tTIONAL CONSTRUCTION P SE SERVICES ms Commission .a�proved Jul�r 5.; :2416. 7-29-2016 pr ect.:.Project member to T916-01. 4//23/2019: .= CHANGE. ORDER.. 2. .- I CAEAS P $11.,210 PROCUREMENT SERVICES: P.O. TOTAL: 13655.00 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 586 of 1106 CITY OF BOYNTON na it c, REQUESTP Date: 2- — 9 Requesting I te prop proproContact Person: Chds Roschek, MananAr�r ° m "ask I if aConstruction SenAce&w Increase due 1 theadditional construction administration that n scope f services of the original agreement. The Infra time tee for four add°oral months due to v f fa b foie Contractor awn f ia1 the project. a fo , rix Contract f under General Consuking Services RFS#01 7-2821-° - dated July 1 1 r up fr � (checkumm Three ons m GSA State C SNAPS Boll scume Piggy-BackBudgeted Item Purchase Other Contract r: RFQ 01 7- 21-1 Pddno opoe 1ror purdwe must be presenhad In ft some deball contained within the oonkaot Fund Sou7rce for Pumhase: p Approvals: De MMM www .� pai� � mm to,. *� Purchasing Agent �p. f WW WW Asst fifty. Manager Date Qy Manager Date Page 587 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd, Suite 101 P.O. BOX 310 P.O. #: 161,296 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/11/16 VENDOR 1682 SHIP TO: TO: KIMLEY HORN & ASSOCIATES INC. City of Boynton each 1920 WEKIVA WAY FAST UTILITY ADMIN SUITE 200 124 E. WOO RIGHT ROAD WEST PALM BEACH, FL 33411 BOYN BEACH, FL 33435 REOUISITION NO, ORDEMNG DEPARTMENT� DATE NEEDED: MD NM COMMISSM APPROVED: EXTENDED LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST CHANGE #: 2 CHANGE ORDER DATE CHG: 04/18/19 ACCOUNTING INFORMATION Y . ..... WAGE TO THE VENDOR* ------------------ --------------- ----- EQ/ACCT AAT --------- R REQ..: BY. ms .:PROJECT AMOUNT ----- - ------ - ------------- - - -------------------- 66965- -- 0 11/it UTILITIES T/ TR 02; 11210. 00 40350005336502 --------------- ----------- ----------- -- ------------ . ... . . . . . . ....................................... ........................... ...................................... P P.O. TOTAU IR00JREMENTSERVICIE Ila .................................... 3(11 .........-............ ACCOUNT NO. PROJECT ................................ ..................................... ............... PURCHASING Page 588 of 1106 9CITY OF BoywON BEACH UTILITIES DEPARTMENT Change Order Project : I I th Avenue-Model Block- Design Consulting a ces Change Order ,: C _ 1 ® ley oAssociates,Inc. Purchase Order No. : 161296 Project : Emile, lot Contract e: Contract Coordinator: Pratt Director:Joseph Paterniti Continuing essia 1 Consulting Services under the contract for the General Consulting e ces e nt 017-2821-1 7/l/2014. 's increase is due to e additional construction Reason: administrationorthat's beyond the scope of services of the original agreement.The contract e was extended for(4)four monthsu to the approved additonal time extension requested by the Contractor Paving, L o complete the project. Item ce. PMeription&Part Number uantl UM—;t=— Unit Priceoant 1 403-5000-533.65-0 Task 5—Additional Construction Phase Services (Water) TR 1601 Progress Meetings P to 4) $3,580.00 Construction Observation(approximately ) $4,600.00 Clarifications $875.00 Change Orders $435.00 Payment Applications(up to 2) $1,065.00 Recommendation for Defective Work $655.00 1.00 L The cost of this work is: $11,210.00 The Contract Time will be increased by approximately: days Orignial Purchase Order was: $79,368.00 Commission Aprov Contingency: Total Contrngency Used to Date(mcluding this Change Order): Contingency Remaining: New c e Order amount ° cl Change $90,579.00 'Change r s over$5,000 are NOT authorizedundl reviewed and approved by the City Manager*** CoHn Groff Tim Howard Lori LaVerriere Assistant City ger-Public Swvices Assistant City Manager-Adminisnative Stevices City Manager City of Boynton Beach City of Boynton Beach Ci of City BoyntonBeach sipatum signature Signature Date: Date. ate; Ll I t , ., �"R'.�r�,.a ff .uup�"E1Y 3/29/19 pa!!e i off i Page 589 of 1106 Kimley)))Horn March 8,2019 Christopher Roschek, P.E. City of Boynton Beach—Utilities Department 124 E Woolbright Road Boynton Beach, FIL 33435 Re: Professional Services Agreement—Amendment NW 11h Avenue Reconstruction Dear Chris: Kimley-Horn and Assoclates, Inc. ("Kimley-Hom') Is pleased to submit this amendment (the "Agreemenf) to the City,of Boynton ftach rthe Client7 or wCW)to provide professional consulting services for the aboverenced project. We will provide these services under our contract fbr the General Consulting Services Agreement(RFQ 017-2821-14/DJL)dated July 1,2014.The contract time was extended by lour months,generating additional construction administration work that was beyond the scope of services of the original agreement. Pursuant to our discussions, below is our scope of services and associated fees for providing additional construction phase services for NIN 1 Ith Avenue cast `on. Scope of Services Vimley-Hom will provide the services specifically set forth below, Task 5—Additional Construction Phase Services Consultant Vill provide additional professional construction phase services as specifically stated beIow. Progress NmWngs. Consultant will attend up to four(4)project progress meetings during the course of the construction duration. Iftsits fo Site and ObBervadon ofConstmedon. Consultant Will provide on-site construction observation services dudng the construction phase. Consultant will vitthe site up to eight(8)times in order to observe the progress of the Work, Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractors work in progress. Observations are to be limited to spot checking, selective measurement,and similar methods of general observation of the Work based on Consultants exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractors work Is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant,and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of ContraCtDesMrk in i d '44 Page 590 of 1106 KimlepMorn Page 2 progress,supervise, direct or have control over Contractors work, nor shall KHA have authority over or responsibility for the means,methods,techniques, equipment choice and usage,sequences, scheduI es, or procedures of construction selected by Contractor,for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work In accordance with the Contract Documents. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while It Is in progress If, on the basis of such observations,Consultant believes that such work Will not produce a completed Project that conforms generally to Contract Documents. Clarffications and Intwpirstations. Consultant will respond to reasonable and appropriate Contractor requests forinfbirmation and issue necessary clarifications and Interpretations of the Contract Documents to Client as appropriate to the ordedy completion of Contractors work. Any orders authorizing variations from the Contract Documents Will be made by Client. Change Orders. Consultant may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Applications for Payment Consultant will review up to two(2)payment applications during the course of the project Based on Its observations and on review of applications for payment and accompanying supporting documentation, Consultant will determine the amounts that Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and Will constitute ConsultanVs representation to Client, based on such observations and review,that,to the beat of Consultants knowledge, information and belief, Contractor's work has progressed to the point indicated and that such 6i ss is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation, In the case of unit price work, Consultant's recommendations of payment will include determinations of quantities and classificatio 6 n of Contractors work, based on observations and measurements of quantifies provided with pay requests. By recommending any payment, Consultant shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive,extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specillically assigned to Consultant In this Agreement. It will also hot impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress,materials, or equipment has passed to Client free and clear of any liens,claims,security interests,or encumbrances, nor that there mey not be other matters at is between Client and rt t might affect the amount thais ou id. Page 591 of 1106 Kimley*Horn Page 3 Limitation of Responsibilifts. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers,or of any other individual or entity performing or fumishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor, Additional Services Any services not specifically provided for in the above scope YAII be billed as additional services and performed at our then-current hourly rates. Infonnation 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, Responsibilities of Client In addition to other responsibilities set out in this Agreement,the Client shall: * Sign permit applications * Pay permit fees * Provide access to the site Schedule We will provide our services as expeditiously as practicable vvith the goal of meeting a mutually-agreed- upon schedule. It is anticipated that construction YOU be substantially complete in March 2019, Fees for engineering services are based on this duration. Fee and Expenses Kirnley-Hom %vill perforrn the services in Task 5 on a labor fee plus expense is%Ath the maximum labor fee of$11,210, "N', mzln Plw Page 592 of 1106 Page 4 Closure If you concur int foregoing and wish to direct us to proceed with the aforementioned services, please notify us by providing a purchase order for the scope and fee.described above.All provisions are in accordance with the terms and conditions of the General Consulting Services Agreement(RFQ 01 7-2821-14/DJL)dated July 1, 2014 and shall govern this agreement as appi!cable. Fees and times stated in this agreement are valid for sixty(60)days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By, levin Schanen, P.E. 131renson, RE, Vice President Project Manager Page 593 of 1106 EMMATE FOR ENS RING SERvicEs ...........�c---------------------------------------------------------------------------------------------------------------------------------------—-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------...... ................................................................................... ........................... Lnn� —---------------------------------------------------------............................................................. 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K-5VPB-CMrdM3176D2A-NW 19th Avenue Bid PhassWISAmendmelt 1LAmhlvS%2O99--OWfLEa%mmWAffx Page 594 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P. . #: 7/ /1 BOYNTON BEACH, FLORIDA 33425-0310 DATOE: 07/11/16 VENDOR 1682 SHIP TO: TO: KI LEY HORN & ASSOCIATES INC. City of Boynton each 1920 WEKIVA WAY FAST UTILITY ADMIN SUITE 200 124 E. WOOL RIGHT ROAD WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 REQUISIT1ON NO. 66965 ORDERING DEPARTMENT. UTILITIES DATE NEEDED� WD NO° Obi MPA-SSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST CHANGE #: 1 CHANGE ORDER DATE CG: 07/29/I6 2 79368 , 00 DL TASK ORDER FOR FINAL DE. S101q., 1.0000 79368 . 00 PERMITTING siadi . and. Cons.truction Pha'se..' '.m. �s6i-v ic.e' b for: NW: lltAVenu 0 e.; del M: : Block. ms. REMARKS Commission. approve.d July 5, 2016. ::--7-2:9-2016 Co�rect Pro]ect number to .TR16,01. ---------------------------------- --------------------------------- -------- '193G8.00 PROCIIREMEN-1 SERVICES� P.O. TOTAL. ............................................................... I ............... ACCOUNT NO. PROJECT 403-5000-533 -65-02 TR1601 ------------ ----------------------- ------------------------------- PURCHASING Page 595 of 1106 PURCHASE ORDER CITY OF BOYNTON BEAM, FLORIDA PROCUREMENT SERVICES 100 EAST BOYNTON BEACH BOULEVARD . P.O. BOX 310P.O® : 161296 BOYNTON BEACH, FLORIDA 33425-0310 DATE® 07/11/16 VENDOR 1682 SHIP TO: TO I Lt Y HORN & ASSOCIATESINC, City of c tont Beach 1920 WEKIVA WAY EAST UTILITY ADMIN SITE 200 124 E. WOOLBRIGHTROAD WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 810 NO: 0ArE NEEDED. Omvam;ss ON APPROVED-, EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION I COST COST 1 79365. 00 LCL, TASK ORDER FOR FINAL DESIGN, 1.0000 796 .00 PERMITTING, BIDDING and Const cta '•p-heise Services for 13th Avenue, :33 Tc.� .... j?. Gene "` D, 0 5z -" " F dl1 n . : l jc6n t H .... a ICES' Nm 0 .Or Sir was m ''s approved-.-. x,'3'68 0�. . . . . .•. ' NIX 41 si. m . pprov suisr., 5, dais. ACCOUNT NO. PROTECT 403-5000-533-65-02 WTRO54 Page 596 of 1106 Afibrandi, Julianne From: Davidson,Anthony Sent: Friday,July 29, 2016 10:26 AM librnl,Julianne Cc: Baca, Fabio Update Purchase Order info Attachments: SK _C160720470. df Please update the attached Purchase Order to reflect the project number TR101. Thanks Anthony Davidson Budget Manager Financial Services City of Boynton Beach t. 100 E. Boynton Beach Blvd. l Boynton Beach, Florida 33435 4S � o: 561-742-6314 DavidsonA bbfl.us .boynton-beach.or� Like osonFadebook9l �rojkta America's Gateway to the Gulfstream Please be advised that Florida has a brand Public records lour and all correslsondance to me via ermil€ay be subject to disctasure.Und r Florida records law,email addresses are Public records. Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 597 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P,O. #: 161296 BOYNTON BEACH, FLORIDA 33425-0310 DATE- 07/11/16 VENDOR 1682 SHIP TO: TO: KIMLEY HORN & ASSOCIATES INC. City of Boynton Beach 1920 WEKIVA WAY EAST UTILITY ADMIN SUITE 200 124 E. WOOLBRIGHT ROAD WEST PALM BEACH, FL 33411 BOYNTON BRACH, FL 33435 g. -------------------------------------------------------—-------------------------------------------- 9 -T 1 REQUiSff�ON NO, 66 oRIDERUNG DED AR.. �'T i U—L-L -ES ilMd-i —-------------------------— ——-------- 1 DA-FE NEE EO: MD NO i ---------- i EXTENDED LIN E# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 79368. 00 DL TASK ORDER FOR FINAL DESIGN, 1 . 0000 79368 . 00 PERMITTING, BIDDING and Construction Phase Services . .. . . .. . . . for NW lith Avenue, Movde:1816ckTask: order issued ukder GeneralC6ftsiilting.....S.ent-vi.Ce S., ;Scope D, RFS 0 17-'.2B2 I'-14/]DJL. Task. Final besign asT 2 Permitt'rig ask :3 Sid Phase: 9 ery es 14.s.k 4 Construction Phase Services a T.4sk order was >Commission approved July 51 2>016; R1:6-081 for a "not-to-exceed-1 . 7.9, 368 ,0:0 REMARKS: C OmMission. approved July 5, 2016. PRoCUREMENT SE 71 P.O, TOTAL 79368.00 ACCOUNT O. PROJECT 403-5000-533 .65-02 WTRO54 PURCHASING Page 598 of 1106 Lm 4p I 1 H t'i 1 I I co 0 Cl I I E-4 0 0 I C3 1 k E I I 1 0 m WM to I M M O I r C r r I I I � I 1 w 1 I H I I � I I I I I I 1 1 I 1 I I I ! H I I O H r O 0 I C7 4 W U 1 I H E U I rY3 LO 14 U x I t'S w M 0 W 1 M M I t Q u l z E E 1 0 s, 1 ,ry �aCC1'S LO O HM I O , O 04 � i Q i ko O IH [y] w E 00Z � i N i z � eft Cx 04 w I H H w HH 01 Q U Wm E •, R 15 i Gu �-j 0�4 O I t7 I Z 04� E H 04 H i I i]a H ul E 1 coi H U H IN o I W I � M 01 � E i V I 04 r H z DQ W I 1ca M LD O H O w I H H 1 U U EA H L H 0 Ln 1 u5 H I H10 Ix o � - � ! W I E co m m L� 4 � �4 1 E�4 m ®J M I I H O°H 07 (} - 1 1 4-4 P. -=i d)C 1 I V$4 V2 a= U Izg i H O =H 1 � d) � r U 1 E I H 0)me2 Um �'[)M I H I ill U2(d-H •ri, O Xeft I H ' IW E> r N °'i W 0 w 10 ZI W O i H I E'4 I Fa d °M b) M O •Pi 4J H 041 --i bl ^ I E I h7 E-4 I Rt U co r Qr U 15 W I H u7 I H O W--i W C2 0 0 �4 E rti,' I FV H-14 Q U fd� U rl CJS H 1 Gs rA 1 O M Js li �4 r R U) H-ri P44 U I w o-o-ss I 4-a n u2 (d rd U w I M e I GTa U W\ O�4 rd re 3 I ISI m 0 I V'O Z v H 61-moi O is a. I Ln H O 1 CX Fi 0 OH rT fP4 M U €a 0�>-I 1 E o H H I J,J U I 0144 E O I rs 0 E 0 w e-1 I I I I po H 1 C) H X14 P4 0 vH N Li H I Eq O H 1 00 y rd� sNM� 0 um H �4 W41 U 0 PN C) U CJ 0 9 I r'�i✓2 ri (d*dm 4d H U M I m 1 C td (}° o EEEE EIXe W N a r CJ2 W S I I H 0 z I I 1 Page 599 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. : 190945 YNTN BEACH, FLORIDA 33425-0310 DATE: 04/02/19 VENDOR 17528 SHIP TO: TO: ENVISIO SOLUTIONS INC City of Boynton Beach 250-13777 COMMERCE PKWY 3301 QUANTUM BLVD. RICHMOND, BC V6V23 SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION O. 73276 ORDEMIRG DEPARTMENT- ECONOMIC DEVELOPMENT � I DATE NEEOE : BID NO. COMMISSION APPROVED. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 14310. 00 DL ENVISIO CORE STRATEGY MODULE WITH 1.0000 14310. 00 PUBLIC DASHBOARD 3-YEAR SUBSCRIPTION FOR. 3.0 USERS. INCLUDES SOFTWARE ., TCB+7S N .:: �L .1 F.ATFORM. ... MANAGEM"%:: SUPPORT QUOI' ,P1IGE MU�,T <,XEAR 'CONTRACT DISCOfiJN'�` '; 2 1 ,00 E ~ CORE; MODUIaE.,:�ETUP ,.ODO1 00 Mi AGED." IMPLEM-NTATION.,'s.ERVICE :. . :. ..< NCUUDING:, PLAN DATAAUDIT .>'SYSTI f Q11.VjGURA'•I'TON, PLAN:;A,ND [E: RICS .P©PUL��.' ION:;' .p:CCEPTANCE ' `:TP:INTNG ?1ND: REPORTING'STRATEGY ] E TELOPMEN�..' .1 Q;O.% Z�CPEDITED :DEiS'ION. 60. .: ... .DA'S.a ISCOT]N1'::-APP7IED. STF�ATExIC PLANNING SOk' 5'r`k R. - . s M. vi l0N .DAT1; 4._:f/19' �/3"r QUOTE:; #170430.. PROCUREMENT SERVICES: P.O. TOTAL: 14310 ,00 ACCOUNT NO. PROJECT 001-2419-559.49-17 PURCHASING Page 600 of 1106 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 2/21/2019 Requesting Department. Economic Dev& rte Contact Person: John Durgan Explanation for To purchasestrategic planning softwaret will help facilitate i I organization on our strategic plan and allow us to track progress, enhance accountability, i o r future phases f performance measurement. iVeZ;i;mended Vendor Envisio SolutionsInc. Amount , 1 Source r Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Soie 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. FFund Source 2 001-2419-559-49-17 Department Head t 1� Purchasing AgtDate 3? , Asst City Manager Date City Manager Date-t Formi1evised 02101102 Page 601 of 1106 m Ch -1 W D C3 C) lay l m 0 0 Z ri]p W > : U01 IE H Fq i H Da t owo HRC4 M H r I �00 0c,4 1i I Cd O O 0 La 1 C! U w 0 1 CD 0 z p u I 0 C; 0 1 0 C) yd I 000 0 H ra 0 0 000 r- W M 0 I 0 C) 000 0 & 0 C) 0 8 0 0 H H I riP E4 0 kD Ln w H Hr-%D [-4 0 W H M ca LOM 0 0 V HN 00 Ln 0 w H 0 P4 I p 01 cil H : 134 E Ga H Z Ln tD 0 0 0 u z --A m W w z z N tn 0 0004 Pq 0 Z A� H P4 E-4 0wN 04 E4 P4 u H H 04 H fX p th 0 F40 W H "I u E-A 01 N W H F-I M M rA E4A O 0 w 0 rA E4 CO 0 0 CJ2 E 04 k-q .0 WEAW m P m FZ4 CD W74u)z H > H Ug x�-i z 4�3 w�4 W W ri Q W -HO Zf3q ca H�Do M 9 A, 'la4 P4 M In 004 Uzo� z �'4 1� U�HZ r04 I-i U Ea MULD 134H Worth MZ F�> 0>4 E-0 EA �HWM EHHWMBWW I PUEU Z z &-104 H E-4 M Q 0 124 va >11 11 [-4 F-I le 0 n �C M R 44 Wl o 0 0 MH>0UM2n04 0 uu Q Pm OWHMM 1 8 W NgWo ..W N P, rjl,,B ct 0OP4 cab _4�q P4 Im 104 M Pm 0 04 04 14 W W bi 0 14 Ul C)J34:E Z L)M I A 0+ wmpm xP4k.IHwM0 �o u no p p E-4 U r1i I 0;D H -r-) r4H:gt)co <) 0000 H H 1 �4404WMM MPMgZWM I x m u p4m 1 p H—Ixr4 0 2-H E-4 W 9 WE-,MiE�ZPWP UZ r4uEg dz>� W 0 H N Fg �g wm000�)�c U 9PH M04E-4 Q X H 1.11 H 124 p I H Iq M I E-4MmMpXN OW .[-4 r4 M;E N MHZM9F4 M P 82 E PIIXHOO H uuul muuou WXPPAM Ln Ln rQ 0 1%HP P4 Pm M W H V�6 E H 0�P CYC4:H M 0 40 a% 0) Z E-4 u FECPO U0 N mpo H 14 UE MM 'f4H_v mg DWHZ IV " 0 0 Ho D4 0 r4p>4mx OOHMZEq I 0(N CIA EA 0 H H Rp4i�Ro H UHHOO ri rq H wl m 0 u W K F-I j0HZQ;Eu0 0 Cil CilWHWZM �0 0 E F-I 0 ul VrkaWPHO XO 0 W 00 u Pq L)U) co mmmm m DMEPM I H =w C4 H M i H "-1 z"4 Nz HD M H 1CY 0 M Page 602 of 1106 0 "' ENVI' S 10 250-13777 Commerce Parayg Richmond,BCVSV2X3Canada Bill To Name City of Boynton Beach,FL Quote Number 1700230 Bili To City Hall:3301 Quantum Blvd.,Suite 101, Created Date 11/02/2019 Boynton Beach Expiration Date 28/02/2019 Boynton Beach,Florida 33426 United States Prepared By Kurt Juson Contact Name Julie Oldbury Email kjuson@envisio.com Email oldburyj@bbfl.us a rii11t1 rs t; ttf o �'}��r +f��* zr nh`(3 rip �.•,v `+ttxyaa,�� #,�- 't �� �;Y�` r �,r 1�� `" �;' r F c ��"� age'? �r � e,rr ai �.,,a Y�ms � .i� Envisio Core Strategy Module with Public dashboard.3-year subscription for 30 users.Includes software i _ W licensing,full platform management and support.The price quoted is the annual fee. 10%multi-year contract 9.00 USD� USD discount applied. 95,900.00 14,310.00 i Envisio Core Module Setup One-time fee A managed implementation service including plan A data audit, system configuration,plan and metrics population,acceptance testing,user training and reporting strategy 1:00 USD'USD 0.00 development. 100%expedited decision(60 days)discount applied; 2,500:001 Subtotal USD 18,400.00 Discount 22.23% Total Price USD 14,310.00 Quote Accepted By: Name: tar t t Date: Signature: ® r Terms and Conditions 1.Prices set forth in this quote are valid for the period stated.All prices are quoted in US Dollars. 2.Invoice for the full amount will be issued upon acceptance of this quote. 3.Work on the project commences after acceptance of the latest quotation according to the services agreed with the customer. 4.In the event of cancellation within the cancellation period,the reimbursed funds will be, unless otherwise agreed,the sum of the costs until termination plus any loss incurred by Envisio Solutions Inc.. 5.Acceptance of this quotation is acceptance of the accompanying Envisio Master Services Agreement(MSA). 6.Travel,accommodation,meals and other reasonable costs related to workshops or other onsite service delivery will be separately documented and invoiced to the customer.A best estimate of these costs may be provided in this quotation if applicable. Page 603 of 1106 The Clity of Boynton Beach HUMAN RESOURCES AND RISK MANAGEMENT DEPARTMENT 3301 Quantum Boulevard,Suite 101 Boyninn Beach,Florida 33426 (P):561-742-6275 1 (F):561-742-66274 —wmj—boy—n to n-bea 0.o C g Twitter: 08ayntonBeachl-IR TO, Lori LaVerriere,City Manager THROUGH; David Scott,Director of Economic Development and strategy DES FROM: Julie Oldbury, Director of Human Resources and Risk Management.9a DATE: February 19,2019 RE: Purchase of Envisio Strategy Management Software John Durgan and I have had the opportunity to review and evaluate three strategy management software programs to address our need to implement a tool that will help facilitate visual organization of our strategic plan and allow us to track progress, enhance accountability, and provide a mechanism for future phases of performance measurement. After the demos of the software,we received written quotes from each of the proposed vendors. A summary of the quotes follows: Cascade ClearPoint Strategy Envislo 40 User Licenses $ 20,640 $ 16,800 171900 Implementation/Set Up $ - $ $ Support $ - $ 9,900 $ - Sub Total $ 20,640 $ 26,700 $ 17,900 Discount for 3 year Agreement 10% 5% 10% ...................... Total $ 18,576 $ 5,365 $ 16,110 Envisio, the lowest price software for 40 users, was also our highest ranked platform. This program was a clear standout in its functionality,design,and ability to expand to meet our future needs. Cascade was not a viable option based on its rudimentary functionality. ClearPoint Strategy was a somewhat viable option,but its limitations would not significantly add value to our process,and Its price point was well outside our budget considerations. David,John,and I are all in agreement that Envisio is the best program to help us deliver immediate improvements to our strategic planning process by offering us the tools we need to organize,update, monitor,and report on our plan. The company specializes in the local government market and invests in continually enhancing its product. We believe that by purchasing this product now, we can implement our rejuvenated plan using this platform. Implementing this software now will provide the structure we will need in place to then expand into the America's Gateway to the Gulfstream Page 604 of 1106 C1, ENVISIO ENVISIO SOLUTIONS INC. MASTER SERVICES PLEASE READ THIS MASTER SERVICE AGREEMENT ("AGREE ENT") CAREFULLY. THIS AGREEMENT APPLIES TO ENVISIO SOLUTIONS INC. ("ENVISIO") AND ANY CUSTOMER (THE -CUSTOMER-) WHO UTILIZES ENVISIO'S SAAS STRATEGY IMPLEMENTATION SOFTWARE SERVICES DESCRIBED HEREIN(THE"SERVICE"),WHETHER OR NOT THE CUSTOMER PAYS FOR THE SERVICE. ACCEPTING THE TERMS BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX OR BY EXECUTING AN ORDER OR QUOTATION FORM THAT REFERENCES THIS AGREEMENT, THE CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE CUSTOMER 1S ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY,THE CUSTOMER REPRESENT THAT THEY HAVE THEAUTHORITYTO BIND SUCH ENTITYAND ITS AFFILIATES TOTHESETERMSAND CONDITIONS.IF THE CUSTOMER DOES NOT HAVE SUCH AUTHORITY, OR THE CUSTOMER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, THE CUSTOMER MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. This Agreement was last updated on May 10, 201.8. It is effective between the Customer and Envisio as of the date of the Customer's acceptance of this Agreement. 1 PURCHASED SERVICES 1.1 Provision of Purchased Services Envisio shall provide to the Customer the Service that is ordered by the Customer("Purchased Services")on Envisio's invoice or quotation form(each an"Order Form")during a Subscription Term(as defined below). The Service is hosted on Envisio's service provider platform, "Heroku" (owned by Salesforce.com). Heroku's physical infrastructure is hosted and managed within Amazon's secure data centers and utilizes the Amazon Web Service("AWS") technology.The Customer further acknowledges that the Customer Data(as defined below)resides on AWS'servers in the USA.The Customer may access the Service,but has no right to receive a copy of the object code or source code to the Service. The Customer must have high speed Internet connection, and compatible hardware and up to date 'browser' software to access the Service,none of which are Envisio's responsibility. 1.2 Su sri i License Unless otherwise stated in the applicable Order Form,the Purchased Services are purchased as a subscription license (the "Subscription")and non-transferrable to a third party.Additional Users(as defined below)can be added to the Subscription during the Subscription Term at the same pricing as the underlying Subscription,prorated for the portion of that Subscription Term remaining,and any added Subscription will terminate on the same date as the underlying Subscriptions. ENVISVS RESPONSIBILITIES 2.1 Provision is Envisio will use commercially reasonable efforts to make the Service available to the Customer 24 hours per day,7 days per week,except for planned downtime of which Envisio shall provide at least 24 hours notice via the Service and scheduled to the extent practicable during the weekend hours between 6 pm Friday and 3 am Monday Pacific Time, Any unavailability Page 1 Page 605 of 1106 ENVISIO caused by circumstances beyond Envisio's reasonable control including but not limited to:the malfunction of equipment,acts of God,act of government,flood,fire,earthquake,civil unrest,act of terror(collectively, "Force Majeure"),or the activities of third parties not under Company's control (including Internet and other service providers) is not the responsibility of Envisio.Envisio will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. 2.2 Customer Data The Customer must provide all data for use in the Purchased Services(the "Customer D ")and Envisio is not obliged to modify or add to it.The Customer Data belongs to the Customer and they are solely responsible for the content and accuracy. The Customer grants to Envisio all necessary licenses in and to such Customer Data solely for Envisio to provide the Service to the Customer. Envisio will treat the Customer Data as confidential and will not disclose it to third parties unless as compelled by law or unless expressly permitted in writing by the Customer. Envisio will not access the Customer Data except as necessary to address service or technical issues,at the Customer's request. As part of Envisio's standard Service offering, Envisio will make daily backup copies of the Customer Data and maintain such data for a period of seven weeks. 2.3 Service v i Envisio endeavours to provide 99.9%uptime with respect to the Purchased Services in each calendar month during the Term, excluding: (a)any scheduled maintenance times; (b)factors outside Envislo's reasonable control;and (c)downtime related to the Customer's or third party hardware,software or services. if in any calendar month this uptime commitment is not met by Envislo and the Customer was negatively impacted from a resulting disruption to the Purchase Services as determined in Envisio's sole discretion acting reasonably, Envisio shall provide, as the sole and exclusive remedy, a service credit equal to 25%of one month's fee for the use of the Service (the "Credit"). 2.4 Product Support Service Levels Critical-.Production system down;the Customer is unable to use the Purchased Services;a work-around is not available. High-A major function/component is unusable/degraded and no work-around is available, but the Customer is still able to use a portion of the Purchased Services. Medium-There is loss of a function/component that does not seriously affect the Customer's operations or schedules.Any problem that was originally reported as Critical or High,but has been temporarily solved with a work-around,will be reduced in severity to Medium by mutual agreement. Low-All other problems that do not fall within the categories above including but not limited to enhancement requests and documentation correction requests 2.5 Support Response Times Relief will be available and provided by Envisio to the Customer,as appropriate hereunder,from Monday to Friday from 6 am to 5 pm Pacific Standard Time,in accordance with the following target criteria: Page Z Page 606 of 1106 ENVISIO kxeriv InitiaLagponse Religf ll Update Critical 1 hour Work continuously Every business day High 2 hours As soon as possible Every other business day Medium 4 hours As soon as possible Every other business day Low Following business day Reasonable effort Weekly 2.6 Credit Request In order to receive the Credit, the Customer must provide sufficient evidence to support the Credit and email info@envisio.com within 5 days of the end of the applicable calendar month. If the Customer is past due or in default with respect to any payments owed to Envision under this Agreement,the Customer is not eligible to receive the Credit. 2.7 Provision of Professional Services Envisio's core hours are Monday through Friday,800am to 5:00pm PacificTime.Trainings and customer meetings are offered during extended hours between 6-8:30am Pacific Time and 5-7pm Pacific Time,contingent upon staff availability. 3 CUSTOMEWS USE OF THE SERVICE 3.2 Authorized Users The Customer agrees to maintain authorized users based on the number of accounts ("Accounts ) purchased under the Subscription as stated in the Order Form.Only the Customer or persons or entities that have access to an Account through a username and password for the Account(each a"User"and collectively,the"Users")may use the Account.If the number of Users exceeds the Accounts purchased,Envisio will notify the Customer's Administrator(as defined in Section 3.2 below)via email of the overage and the Customer will have 5 business days following delivery of such email to make any changes necessary to address the overage. Following that 5 business day period, If the overage remains Envisio will invoice the Customer for the additional Accounts required to address the overage at the same fee as the existing Accounts subscribed for under the Subscription, prorated for the duration of the Subscription Term remaining and the Customer will pay the invoice according to the terms outlined in Section 5.4 below. 3.2 Email and Notices At the time of ordering the Service from Envisio,the Customer shall identify the administrator(s)responsible for the Accounts (each an"Administrator"). The Customer agrees to provide Envisio with the Administrator's contact information including e-mail address. By providing the Administrator's e-mail address, the Customer agrees to receive all required notices electronically to the Administrator's e-mail address. The Administrator shall be responsible on behalf of the Customer for managing the Accounts, maintaining all User information,and the Purchased Services used by the Customer. It is the Customer's sole responsibility to notify Envisio if the Customer changes or intends to change its Administrator(s). 3.3 Users:Passwords,Access and Notifications Page 3 Page 607 of 1106 ENVISIO It is the Customer's responsibility to change and maintain its Users'records in Envisio to secure access to the Account. The Customer is also solely responsible for ensuring the confidentiality and secrecy of each User's login.The Customer agrees not to disclose its Users' login information to any third party and will prevent its employees and personnel from sharing User's login information amongst themselves. The Customer will be responsible for all electronic communications generated through the Service, including,but not limited to,Account registration and notices.The Customer is only entitled to access and use the Service and the Account for lawful purposes. Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and shall promptly notify Envisio of such unauthorized access or loss/theft of any of its Users'login information. 3.4 Restrictions The Customer is responsible for all activities conducted under its User accounts and ensuring their Users'compliance with this Agreement. The Customer shall not: (a) permit concurrent use of a single User account,or time-sharing of the Service; (b) post or transmit any Customer Data that contains viruses, worms, time bombs, Trojan horses or any other contaminating, corrupting or destructive features, or use the Service in an irresponsible, or otherwise disturbing manner that interferes with the proper working and normal operation of the Service,or detrimentally interfere with personal information or property of another; (c) copy,modify,create a derivative work of,reverse engineer,reverse assemble,disassemble,decompile or otherwise attempt to extract the source code or modify the Service in any manner or form;or (d) transfer,sell,lease,rent or assign,in any way,all or a portion of,the Account and/or the Service to any third party; INTELLECTUAL PROPERTY The Customer acknowledges that Envisio retains all right,title and interest in and to the Service and all software,materials, formats, interfaces, information, data, content and Envisio's proprietary information and technology used by Provider or provided to Customer in connection with the Service(the"Envisio Technology"),and that the Envisio Technology is protected by intellectual property rights owned by or licensed to Envisio. Other than as expressly set forth in this Agreement, no license or other rights in the Envisio Technology are granted to the Customer,and all such rights are hereby expressly reserved by Envisio. The Customer must not, without Envisio's express written consent, use any of Envisio's trademarks, service marks, copyrighted materials,or other intellectual property. The Customer acknowledges that any ideas,suggestions,concepts,processes or techniques that it provides to Envisio related to the Service or Envisio's business (the "Feedback") shall become Envislo's property without any compensation or other consideration payable to the Customer by Envisio,and the Customer does so of its own freewill and volition. Envisio may or may not, in its sole discretion, use or incorporate the Feedback, in whatever form or derivative that Envisio may decide, into the Service, documentation, business or other products. The Customer hereby assigns all rights on a worldwide, exclusive basis in perpetuity to Envisio in any Feedback and,as applicable,waives any moral rights to the Feedback. 5 PURCHASED SERVICES 5.1 Term of Agreement Page 4 Page 608 W 1106 ENVISIO This Agreement is effective between the Customer and Envisio as of the date of the Customer's acceptance of this Agreement and continues until the Subscription Terms with respect to each Subscription subscribed for by the Customer hereunder have expired or terminated. S.2 Term of Subscriptions and Renewal The term of each Subscription(the"Subscription Term")shall be as set out in the applicable Order Form,which indicates a three(3)year term.The Subscription Term may be renewed for two additional one year terms, but renewal requires City Manager written approval at least sixty (60) days prior to the expiration of the then current term. The per-unit pricing during renewal will be the same as that during the immediately prior term unless Envisio has provided the Customer written notice of a pricing increase, not to exceed 10%per annum,at least 60 days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter. Notwithstanding any other provisions regarding notice and termination, in the event of a pricing increase,the Customer shall have thirty(3)days from receipt of notice of pricing increase to terminated this Agreement without penalty. 5.3 Service s The Customer shall pay Envisio the fees specified on the Order Form (the"Fees"). Fees are based on Purchased Services comprising of subscription fees (based on the number of accounts)and professional fees(including implementation fees), and are non-refundable unless otherwise stated. The number of purchased Subscriptions cannot be decreased during the Subscription Term. 5.4 Invoicing and Payment Billing for the Purchased Services will be in advance on an annual (twelve months) basis. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date(the"Due Date").The Customer is responsible for providing complete and accurate billing and contact information to Envisio and notifying Envisio of any changes to such information.Overdue invoices will incur a 2%per month interest charge. If the Customer fails to pay the invoice within the Due Date,Envisio may,at its sole discretion,declare the Account delinquent(a"Delinquent Account"). 5.5 Applicable s Envislo shall charge the Customer,and the Customer shall pay to Envisio,all applicable taxes,including any retroactive taxes on past Fees or charges (whether already paid or not) in cases where Envisio is under a legal obligation to collect such tax from the Customer. The Customer shall be responsible for any and all other taxes that the Customer is under a legal obligation to pay. Envision acknowledges that the City(Customer)is tax exempt,and as such,this provision is not applicable. 5.6 30-Day Money Back Guarantee Within 30 days after the Customer has signed this Agreement,upon the Customer's written cancellation request, Envisio will refund all subscription fees paid by the Customer. Customer will still be liable for implementation fee and any professional fees in respect of professional services ordered.After 30 days,all Purchased Services are non-refundable and non-cancellable. 6 TERMINATION AND SUSPENSION .1 Envisio's Rightto Suspend the Account Envisio reserves the right to suspend the Customer's Account and access to and use of the Service under the following conditions: Page 5 Page 609 of 1106 ti ENVISIO * the Account becomes a Delinquent Account,or * Envisio reasonably concludes that the Account is being used to engage in denial service attacks,spamming,or illegal activity,and/or use of the Account is causing immediate,material and ongoing harm to Envisio and others. In the extraordinary event that Envisio suspends the Customer's access to the Service, Envisio will use commercially reasonable efforts to limit the suspension to the offending portion of the Service and resolve the issues causing the suspension of the Service. 6.2 Termination for Cause/Expiration Either party(the"Complaining Party")may immediately terminate this Agreement and all Order Forms issued hereunder in the event the other party(the"Breaching Party")commits a material breach of any provision of this Agreement which is not cured within thirty(30)days of written notice from the non-breaching party. Such notice by the Complaining Party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the Breaching Party an opportunity to cure such alleged breach and shall be sent to the Breaching Party in accordance with the notice requirements set out in Section 10.9 below. Upon termination or expiration of this Agreement, Customer shall have no rights to continue use of the Service. If this Agreement is terminated by Customer for any reason other than a termination expressly permitted by this Agreement,then Envisio shall be entitled to all of the Fees due under this Agreement for the entire Term.If this Agreement is terminated as a result of Envisio's breach of this Agreement, then Customer shall be entitled to a refund of the pro rata portion of any subscription fees paid by Customer to Envisio under this Agreement for the terminated portion of the Term. 6.3 Handling of Customer Data Upon Termination Effective upon cancellation of the Account,Envisio may deactivate the Account and be entitled to delete the Account and the Customer Data from the Service within 60 days after cancellation.Within this 60 day period and upon the Customer's request, Envisio will provide limited access to the Service for the sole purpose of allowing the Customerto retrieve the Customer Data, provided that the Customer has paid all good faith undisputed amounts owed to Envisio.The Customer further agrees that Envisio shall not be liable to the Customer nor to any third party for any termination of the Customer's access to the Service or deletion of the Customer Data,provided that Envisio is in compliance with the terms of this Section 6.3. It is the responsibility of the Customer to obtain screen captures and download all necessary reports should the Customer wishes to keep the data. 6.4 Survival The following sections of this Agreement shall survive the cancellation or termination of this Agreement for any reason: Sections 3.4,4,5.3,5.4,5.5,6.4,9 and 10,as well as those sections that by their nature are intended to survive the termination or expiry of this Agreement. 7 PRICE AND SERVICE CHANGES 7.1 Software Subscription Fees Envisio reserves the right to amend the Fees and the nature of the Service offered to the Customer from time to time and in its sole discretion,provided however that Envisio shall not decrease the level of Service or increase the subscription fees by no more than 10%per annum per Subscription until the end of the Subscription Term in effect for the Customer. Envisio Page 6 Page 610 of 1106 C. ENVISIO shall give the Customer notice of any such changes in the Fees and the Service 60 days in advance of the expiration of the relevant Subscription Term. If the change in Fees is not acceptable to the Customer, the Customer's sole and exclusive remedy shall be to cancel the applicable Subscription by providing Envisio with written notice of cancellation to info@envisio.com at least 30 days prior to the expiration of the relevant Subscription Term. Continuing to use the applicable Service after the end of the Subscription Term constitutes the Customer's acceptance of all changes in Fees. 7.2 Implementation sslServices Implementation Professional Services is quoted at a fixed cost and unless otherwise stated in the Envisio order form in the Implementation Professional Services fine item all services are scheduled and offered to the Customer for a period of 3- months from the commencement of the Subscription Term. Envisio will make all reasonable efforts to deliver in full the agreed-upon implementation scope. Changes to the scope or timelines may be proposed by the Customer Project Team during Implementation. Change requests will be reviewed by Envisio and their impact on the initial scope, schedule, resourcing and/or budget will be evaluated.Where additional resourcing is required from the Envisio Implementation Team to meet the change request,Envisio reserves the right to amend the Implementation fixed cost by issuing a new quote/order form requiring the Customers signature as approval. WARRANTIES 8.1 Our Warranties Envisio warrants that(a)the Service will achieve in all material respects the functionality described in the applicable technical documentation for the Service that is provided from time to time by Envisio to the Customer(the"Help Documentation"), and (b) Envisio will not materially decrease the functionality of the Service subscribed for under a Subscription during the applicable Subscription Term. The Customer's sole and exclusive remedy for Envisio's breach of this warranty shall be that Envisio be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality as described in the Help Documentation and,if Envisio is unable to restore such functionality, the Customer shall be entitled to terminate this Agreement and receive a pro-rata refund of the subscription fees paid under this Agreement for the Subscription for the terminated portion of the Subscription Term. 9.2 Disclaimer of Warranty THE SERVICE AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY ENVISIO TO THE CUSTOMER ARE PROVIDED"AS IS", AS AVAILABLE", WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND EXCEPT AS EXPRESSLY SET OUT HEREIN. ENVISIO HEREBY DISCLAIMS ALL IMPLIED, COLLATERAL OR STATUTORY WARRANTIES,REPRESENTATIONS OR CONDITIONS,WHETHER WRITTEN OR ORAL,INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, PROVIDER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER'S USE OF THE SERVICE (INCLUDING ALERTS AND RECOMMENDATIONS)IS ACCURATE,OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER. FOR THE PURPOSES OFTHIS SECTION 9.2,"ENVISIO"INCLUDES ENVISIO'S DIVISIONS,SUBSIDIARIES,AFFILIATES,SUCCESSORS, PARENT COMPANIES AND THEIR (INCLUDING ENViSIO'S) EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, RESELLERS, THIRD PARTY PROVIDERS, MERCHANTS, LICENSORS AND THE LIKE. Page 7 Page 611 of 1106 ENVISIO 9 LIMITATION AND EXCLUSION OF LIABILITY 9.1 Limitation of Liability (A) IN NO EVENT SHALL ENVISIO BE LIABLE TO OTHER PARTY FOR ANY (1) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (11) LOST SAVINGS, PROFIT, DATA, USE OR GOODWILL,(111) BUSINESS INTERRUPTION, EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY,OR(IV) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANYWAY CONNECTED TO THIS AGREEMENT,REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT,TORT(INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM)OR OTHERWISE. (B) IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CUSTOMER TO ENVISIO IN THE 12 MONTHS PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE. (C) THE PROVISIONS OF SECTION 10.1(A)AND 10.1(8)SHALL NOT APPLY TO THE EXTENTTHATTHE CAUSE OF ACTION GIVING RISE TO THE CLAIM ARISES FROM; 1. A BREACH OF A PARTY'S CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT,OR 11. CLAIMS FOR FEES OWED TO ENVISIO UNDER THIS AGREEMENT AND ANY COST, EXPENSE OR FEES INCURRED IN THEIR COLLECTION. THE CUSTOMER SHALL MAKE NO CLAIM,COMPLAINT,OR PROCEEDING AGAINST ENVISIO FOR ANY OR ALL PORTIONS OFTHE SERVICES THAT MAY REQUIRE THE DOWNLOADING OF WEB SITE COOKIES FOR THE CUSTOMER TO ACCESS SUCH PORTIONS O F TH E ACCOU NT. FOR THE PURPOSES OF THIS SECTION 10.1, -ENVISIO- INCLUDES ENVISIO'S DIVISIONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARENT COMPANIES AND THEIR (INCLUDING ENVISIO'S) EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, RESELLERS, THIRD PARTY PROVIDERS, MERCHANTS,LICENSORS AND THE LIKE. 10 GENERAL 10.1 Interpretation of this Agreement The term"Including,"wherever used in any provision of this Agreement,means"Including but without limitingthe generality of any description preceding or succeeding such term."Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not be applicable in the construction or interpretation of this Agreement. The division of this Agreement into sections/paragraphs,and the insertion of head ings/captions,are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement or be deemed a part of this Agreement. 10.2 Inurement The rights and liabilities of both the Customer and Envisio(collectively,the "Parties") under this Agreement shall bind and inure to the benefit of the Parties'respective successors,executors,and administrators,as the case may be. Page 8 Page 612 of 1106 ko ENVISIO 10.3 Assignment Neither party may assign this Agreement without written consent of the other, except that Envisio may assign without consent to a related entity or the successor of all or substantially all of the assignor's business or assets to which this Agreement relates. This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties,although Envisio reserves the eight to name Customer as a user of the Service. 10.4 Governing Law This Agreement and any other agreement for the Services shall be governed by and construed in accordance with the laws of the State of Florida and the federal laws of Florida applicable therein,without regard to conflicts of laws principles.The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. 10.5 Severability If any provision or portion of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. 10.6 Arbitration Except for any dispute related to the intellectual property rights of a party,any dispute or claim arising out of or relating to this Agreement shall be referred to and finally resolved by binding arbitration before a single arbitrator under the International Commercial Arbitration Rules of Procedure of, and administered by, the American Arbitration Association. The appointing authority shall be the American Arbitration Association. 10.7 Independent Contractors Nothing in this Agreement shall be construed as creating a partnership or relationship of employer and employee,principal and agent, partnership or joint venture between the parties. Each party will be deemed an independent contractor at all times and shall have no right or authority to assume or create any obligation on behalf of the other party,except as may be expressly provided herein. The Customer must not, in any way, misrepresent the Customer's relationship with Envisio, attempt to pass itself off as Envislo,or claim that the Customer Is Envisio. 10.8 Injunction The Customer acknowledges and agrees that money damages are not an adequate remedy for any breach or threatened breach related to Envisio's rights or the Customer's use of the Service beyond the rights granted to Customer in this Agreement. The Customer therefore agrees that in addition to other remedies available hereunder, by law or otherwise, Envisio shall be entitled to an'injunction against any such breach by the Customer. 10.9 Notices Notice to Customer Any notice to the Customer from Envisio will be sent to the e-mail address of the Administrator with a copy to the City Manager,or provided in writing, registered postal service(postage prepaid),or by pre-paid commercial courier delivered to the Customer at the mailing address specified on their Account, but does not include notification of parties by way of the Web Site as permitted by this Agreement. Page 9 Page 613 of 1106 kdoll ENVISIO City of Boynton Beach Lori LaVerriere,City Manager P.O.Box 310 Boynton Beach,FL 33425 LaverriereL bbfl.us Notice to Company Any and all notices to Envisio from the Customer must be given by in writing, e-mail, first class postal service (postage prepaid), or by pre-paid commercial courier delivered to Envisio at: Envisio Solutions Inc. 250-13777 Commerce Parkway Richmond, BC V6V 2X3 Tel: 998-37.1-4800 email: info Eenvisio.com 20.10 is Records The City(Customer)is a public agency subject to Chapter 119, Florida Statutes. Envisio shall comply with Florida's Public Records Law. Specifically, Envisio shall: A. Keep and maintain public records required by the Customer to perform the service; B. Upon request from the City's (Customer's) custodian of public records, provide the City (Customer)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. aw;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, Envisio 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(Customer);and D.Upon completion of the contract, Envisio shall transfer to the City(Customer),at no cost to the City (Customer), all public records in Envisio's possession. All records stored electronically by Envisio must be provided to the City (Customer), upon request from the City's (Customer's) custodian of public records,in a format that is compatible with the Information technology systems of the City(Customer). E.IF ENVISIO HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUES, TO ENVISIO'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@BBFL.US Page to Page 614 of 1106 ENVISIO 10.11 Scrutinized Compa By execution of this Agreement,Envisio certifies that Envisio is not participating in a boycott of Israel.Envisio further certifies that Envisio 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 Envisio 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 Envisio of the City's determination concerning the false certification. Envisio 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,Envisio 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 Envisio 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. Complete10.12 This Agreement constitutes the complete understanding and agreement between the Customer and Envisio. Except when expressly agreed to the contrary in signed writing by an authorized representative of Envisio,this Agreement supersede any other written(including digitized/computerized)agreement,oral agreement,and/or agreement by conduct.This Agreement or any other specific agreement for the Service between Envisio and the Customer shall each be exclusively between Envisio and the Customer only and shall not confer any rights in any third parry. Page 11 Page 615 of 1106 Envislo SolutionsInc 250-13777 Commerce Parkway rcj. Richmond 2X3 ENVISIO '11118,Z71-4800 GST/HST Registration o.:845234137 INVOICE TO e Julie Oldbury City of Boynton Beach City Hall: 3301 Quantum Blvd., b t Suite 101 Boynton Beach, Florida 33425 IN United States CONTRACT START DATE CONTRACT END T 1 -Feb-2019 12-Feb-2020 visio Core Strategy Module, with Public Dashboard.3-year 30 477.00 14,31 O 0 subscription for 30 users. Includes software licensing,full platform management and support.The price quotedis the annual fee. 1 % mufti- r contract discountappW. ill n ually at$14,310 _ Envisio Core Module Setup:One-time fee,A managed 1 0.00 0.00 implementation service including lan&data audit,system configuration,plan and metricspopulation, acceptance testing , user training n reporting strategy development. 10 a it - deciion( 0 das)discount applied Quote#1700230 - Thank youl We appreciate your business. SUBTOTAL 14,310.00 Please pay by due date a.bove. For questions relating to TOTAL 14,310.00 this invoice, please email us at finance@envisio.com. r y 1 .l GH43�91 �Y f S4 YF4 fi1`a Send us a check to address above or Wire Payment To: Account Name:Envisio Solutions Inc. Bank:TD Canada Trust Bank Bank Address:2411 160 th Street,Suite 40,Surrey,B.C.V3S UCS Transit No. :92830 1 Account No.#:7201629 1 Institution number:004 Swift Code:TDOMCATTTOR I Routing No:026009593 Settlement to:Bank of America,New York I SWIFT:BOFAUS3NXXX I Fedwire ABA#026009593 Page 616 of 1106 CASC.."DE The City of Boynton Beach Prepared on February 7, 2019 -#20190206-172603442 BEACH,BOYNTON CITY OF Julie Oldbury 100 E BOYNTON BEACH BLVD Director of Human Resources and Risk Manage... BOYNTON BEACH, FL, United States oldburyj@bbfl.us 33435 Products & Services Enterprise r 40 x $516.00/year SOFTWARE FEATURES For 7 year Pian J Manage I Track: Our flagship platform which allows you to build your strategy framework and connect your high-level plans. Manage and execute your plan(s)using the best practices from project and task management tools and then build customizable reports and dashboards to report on your progress. All of the features per our website: https://www,executestrategy.net SERVICES AND ADD-ONS Set-up & Governance:We'll work with you to configure your plan, users, settings, and features in the software. We'll also help establish governance around executing your plan. Single Sign-On:Access to Cascade via your existing authentication provider such as Active Directory, Google Apps, etc. User Training: We'll run up to 3 sessions as 60-minute webinars-we recommend 10 people per session, so that it can be more comfortable and interactive, but you can have up to 30 attendees, if you wish. The training session(s)can be recorded and available for new starters or used as a refresher. Train the Trainer: We'll provide and facilitate 2 x 90-minute sessions with a small team of trainers thatyou selectto be your internal Cascade Champions. We'll equip them with all the knowledge they need to train others on how to use Cascade, and also how to administer the system. Refresher Training/Webinar:After three to six months of using Cascade, we will provide up to 3 sessions. The sessions will be tailored to fit the needs of the audience. We will cover topics including Cascade Basics, Advanced Tracking, Dashboards& Reports. Quarterly Reviews:We'II meet with your core team to advise on best practices and make sure you're getting the most out of Cascade. Page 617 of 1106 Recurring subtotal $20,640.00/year 10% Government Discount .."--•.. ......................................................... .......................................................................................................-"' $2,064.00 Total ........................................ ...................I.........................11.......................I--.............................11-1-1--l'...................".1- 11............................ $18,576.00 This total doesn't include any applicable taxes. This quote expires on April 7. 2019. '4,w" ;f -------------........ ------------------------ ............ ............ Signature Date .................................. ........... ............................. Printed name Questions? Thomas Yelliatt Cascade Strategy USA, Inc. Conta(ft me thomas@executestrategy.net 6125 NE Cornell Rd, Suite 300 +1 (541)497-3093 Hillsboro, Oregon, USA 97124 Page 618 of 1106 C1ea'rPN'nntStrate F A I OM ASCENDANT STRATEGY MANAGEMENT GROUP 9Y ..............................................-.........................................................................._......._......................................................................................................................................................................_................_............................................ City of Boynton Beach, FL ClearPoint Strategy Software & Support Agreement Ascendant Strategy Management p is comn3itted to helping City of Boynton Beach,FL(Boynton Beach)improve its management reporting by providing access to the ClearPoint Strategy application. ClearPoint Strategy is a cloud-based strategy erfa ce management solution t will ow Boynton Beach to track its goals,metrics,projects, and action items across its entire organization. ClearPoint EnterprisePackage Boynton Beach has asked for the ClearPoint Enterprise ,which includes: 25 full users Unlimited view-only users 15 update-only users * Premium Support Data er Access I Access User Licenses Included in this Enterprise Package are 25 full"Editor/Administrator"us (users that can add,edit,and update information in Cl Point). Additional"Editor/Administrator"us can be added on a pro-rated basis for$600/year.Also included are an unlimited number of view-only` rowser"users.We included 15 update only users and additional ones can be purchased for$120/year( 10/mon ). Support 1 users have access to Basic Support,which includes email and online forum support with a 24-hour response time.As a subscriber to the C1earoint Enterprise Package,Boynton Beach will also have "Premium Support"which allows three(3)named contacts to request and receive -hour priority mnail and telephone support s ces from a qualified Cl Point Engineer throughout the year. tL .access to Sapport, Included Email Support 24-:Ilo n e.pc. 4-:1 expo e __m Telephone Support Included _.. ___,. .. ry...................d—____ ------- ____--------- Live ________Li e in-app messagmg Included ------------ Video Screen-Sharing Support Included ___________............11 Additional ort named contacts may be added as needed for$3,300 per year. ....................P.........---� ......�..........................I..............................................................................._................................. 75 Arlin Street,5th Floor J Boston,Massachusetts02116 hone 866 568-0590 fax 617 848-2940 www.clearpointshittegy.COM I SUPPOrt@Clearpointstrategy.cm Page 619 of 1106 Training All training options would be jointly designed with your administrator and the ClearPoint trainer and would cover the topics below. • Log into C1earointa Managing user access rights • C your passesa Aligning department scorecards ssing S 1~arum a Configuring status indicators • Understanding reporting periods 0 Configuring reporting periods • Understanding"edit'vs. 'update' a Configuring custom fields • Inline edi6ng pros and cons a Defining and using fiscal years • Editing your scorecard a Generating custom reports • Using the HTML editor 0 Developing custom grid views Printing a page 0 Configuring measure series • Exporting to Excel 0 Using calculated fields • Generating PDF briefing books 4 Configuring external data sources 0 Configuring projects and Gantt charts You have the option to add web based or onsite training.Web-based training can be purchased in Y2 day increments.Onsite training has the benefit of having an in or in the classroom to answer questions and see challenges as they take place on participants' screws.Travel expenses for onsite trainings am billed at cost.Web based training is $1,000 for Y2 day,and onsite training can be purchased for$3,000 per day. Onboarding We work with your team to ensure you are on the path to success with ClearPoint.This includes a kick- off call where we do goal and expectation setting for your first year of ClearPoint.For account setup support,we help configure periods and reporting frequencies, scorecards and element names,custom fields,summary reports,and briefing books.We then add users to your account,conduct some administrator orientation,setup reminder emails and send you on your way to start reporting on your own. Scorecard Setup Boynton Beach is responsible for creating and maintaining its scorecards, including categories, objectives,measures,initiatives,and action items.Boynton Beach is also responsible for meta data on these elements including information such as descriptions,owner,data source,dates, and any custom fields. As an optional service,Ascendant can assist with initial configuration,organizational alignment,data entry,structuring Excel and Text file data imports and designing custom dashboards.This service is billed by the day and can be completed on-site or remotely. VVIA ................. ...................................................................................................................................... ........................................................................................................................................................................................................................... 75 Arlington Street,5th Floor I Boston,Massachusetts 02116 1 phone(866)568-0590 1 fax(617)848-2940 www.cleMointstrategy.com I support@clewpointstrategy.com Page 620 of 1106 System configuration and setup $1,500 per day NA Data entry for historical data $1,500 per day NA setup'ratal NA ClearPoint Data Loader The Cl Point Data Loader connects your on-premise data sources to Cl Point.The Data Loader can tap into any database that can be SQL queried as well as XLS and CSV files.Data can be uploaded to Cl Point on a scheduled basis including daily,weekly,monthly,and quarterly. Single Sign-on For S SO,we partner with Ping Identity which has a full g=ort center. ClearPoint will provide the client with a PingOne account. From here,the client IT team can obtain a SAML standard key and configure the connection with the desired active directory service, such as ADFS or Azure AD. For. troubleshooting,you can refer to this article, and work directly with Ping support. if additional ClearPoint support is required,it will be for an additional fee based on the amount of time it takes to support the connection. Html Exports Exporting to HTML allows all Enterprise Package clients to export information ftont ClearPoint into non- password protected web pages. These pages can be linked to from your intranet site to share information internally, or can be linked to from your website to share information externally. API Access Cl Point has a documented REST I.We already leverage the API in the Data Loader,Community Dashboard Plugin and th:roughout'the application itself. You can use the API to GET,POST,PUT,and DELETE information in ClearPoint. Our documentation shows you all of the calls and schema to implement the calls for your own applications and needs. ................ ..............................................................................1-1-..........1-.............................................................................................................................................................................-............................................... 75 Arlington Stvd,5th Floor I Boston,Massachusetts 02116 1 phon6(866)568-05901 fax(617)848-2940 www.clearpointstrategy.com I suppoct@cleaTointgtateU.com Page 621 of 1106 Enterprise Package Cost Breakdown Tke following table includes the proposed deliverables and the pricing for each it included. 15,000�00 70zarPoint aS L5Li ed:us datey users $1,800.00 Sa 15 U c7 Software Use Licenses P 00.00 Unlimited view-only users included premium Support 3 named contacts $9,900.00 Training o or)site training days $3,000/day Travel Expenses At cost Scorecard Setup —0 days $1,5001day Included in the Enterprise Enterprise Package includes all 9 Onboarding Package at no additional cost of the features of the , Automatic Initiative Evaluations Professional Package Plus: * Ruies-i3ased Permissions a single Sign-On * IP Restrictions a ClearPoint API * Master Measures Templates Total $26,700.00 list 0 1 features included in each Package can be found on the last Page Of this Proposal- invoicing and Payment The Package cost will be billed annually and invoiced immediately following the execution of this contract. Setup/Configuration,Training, and travel expenses(if appropriate)will be invoiced upon completion.Prices are in US dollars.Boynton Beach has the option to add additional licenses at any time using the prices quoted in this proposal.The price for additional licenses will be pro-rated to match the expiration date of existing licenses. Discounts Boynton Beach has the option to receive a discount for signing a contract for multiple years.We offer 5%, 10%and 15%discounts for three-year,four-year and five-year contracts.All contract years must be paid in fiffl at the start of the contract for discount to apply.Additions made to the contract after the initial purchase are not guaranteed the same discount. Changes and Renewal Changes to this agreement may be made through standard written communications, including email, and invoicing is an acceptable way to extend the agreement.Paying an invoice in a timely manner will be considered a renewal,and not paying will be considered a cancellation.There will be a$250 per month charge for renewing a cancelled account,and all missing months must be paid in full. .................. .................. .......... I--.............I..."................1.1-1-.........................................................................................................................................-.............. .............-..................1.11...................................... .................. 75 Arlington Street,5th floor I Boston,Massachusetts 02116 1 phone(866)568-0590 1 fax(617)848-2940 www.clempointstmegy.com 1 support@cicarpointstrategy.ec)m Page 622 of 1106 Use of ClearPoint Use of ClearPoint is governedlicense agreement. Each user has to confirm acceptanceof the agreement upon t login.it isos :Il .cl of is to x s o n -user- li se-a a t/ Acceptance If the terms of this agreement are acceptable to you,please sign return a copy of this agreement to Ted Jackson,Managing Partner,Ascendant Strategy Management Group. ___ -----__—__________ Ted Jackson Date to Ascendant Strategy Cityynton Managem t Group .............................................................................. .. ..................................... -�--. . ........... ....... _..---.............................................. ............-----.................................. 75 Arlington Sftwt,5th Floor I Boston,Mass u . 02116 hone 866 568-0590 1 fim(617)848-2940 www.clearpointgrategy.com I support@raewpoincoln Page 623 of 1106 .,..., e ''j S ,i{s 6pir "��.+hs-w.�-H-•, n�"—'��,""„� n�,�"i st rte }stA�`,k�s`�c ,� +7 ,--'�;��` -',:, k,`wY__ t�� ,�, � ,,s�` SPR_ } 5 C��t, getting ire r , n end I or i r furl p ` organization n our features have you C0vemd- SCORECARDS 1 M EASU R ES 6, MANAGEMENT PROJECT DASHBOARDS Unlimited `un Hem Tracking Custom Repor"Periods Milestones sub-milestones: it l c charting Fiscal Years Unlimited Linking Evaluations— StrategyAutomatictriAutomatir measure - Evaluations Series c NOTIFICATIONS Automatic Cqedive Evaluations- Community [i Series l Email RemindOW Master measure 1- ate In- pri No0 9 EASE OF USE Municipal Lid is Update H Templates*Notilfication Editing REPORTS00 e r status Cha modern Responsim Design lotagrdited Help&TGOldils Unlimited Favorites&ownership Builder Online Support Cerker Bulk Changes - Healonap Reports ReVpsiw History& Undo 4 it Support Scheduling* Cliclkable,Eiviefims Booksient tock-off and Planning lls Recycle Bin&Undelete* 1 F Export to PDF Telephone SupW Export to ExcelPowerPoint in-App CUSTOMIZATtON Export for Web oniboudine Custom Keatiers and Custom Fields calcwated F' IT custom Status Indicators Report By-scomcarduser Perrifissions Custom Layouts Two—Factor Authentication Custom cuswrn Page T eStyles* ir& Loader* I ped ion Custom rFormats* Clear-Point Iirrgie Data L Custom Reld5A * r To learn .Oft. Not sure what you . 1l to talk through your reporting thallenge's. 86:6-1568-0500 27, T {y(it „� �s m75 Arlington Street,5th Floor I Boston,Massachusetts 021161 phone(866)5680590 M fax(617)848-2940 Www.cl intstmtegy.com I support@clearpointstrategy.eom Page 624 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES 3307 Quantum Blvd. Suite 101 P.O. #; 190946 T BEA CH,.® L BOX 3I1 33425-0310 ATE: 04/02/19 VENDOR 16864 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 BO TON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT- DATE EPARTME T:DATE NEEDEDSID NO: COMMISSION APPROVED: r EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST J 2 . 00 EA EXTREME EC440OA05-E6 4505 .0000 9010.00 SP 4450GSX with 12 10/100/1000 Ba.seT.. ::. . . . . PoE+ ports:.:.:;::; : °` 's:BkP:::;:ports and two .::: : : :........ SoftW Lice ;::<' `. : g e1d, _ ele ;:€:;:<>: :> r..... P . .:..:.......: ....... Pp T 2 2 „ ::;=`-X.T: ..,<:?::.;:. --19 05-21-E''.;<?::•.:. .. .. .:.:1..:7 4 0 0 1163.48 :::.: ao .:.:...R A �..._.:..::.. :>:.:: . ...,i rkY: :;FOR-USE„- X0:0::> . . No PC 3 4. 00 EA: E 'IZ$ME 10;099 : : #i{}0 62 .64 -IL.Q7wer.- Cord, 1--"SA .. USA; NEMA' 55, C15; 4 2 . 00E ;....::: :,PARS' :. 4� . ISO 802.56 7=.H34,1 ' s. AHR. H34131 E40OA05. :E6 s :::Year. ..Terme 5 4 . 0 0 EA` #" `ETTN11 :BS=ESU-°1: >. o..60 0 0 9000. 00 a : : e'ry ce ::::;U 3,its, 'Single .. 6 . 00EA REIl :=EC11ooL1T:o-E6.`: : :2000 1146.60 :1 :flr' Base-T,,.>:`::.::.<' Pott . . Opti bxial AC Adi X 5 p, at ly 7 3 . 00 EA G-FART"' 181 . 6300 545.4 H34128 for`:::.:.:...:..:<;,.,..;.: : '.: ;::.. __:.a::3:>;. 's"'... EC1100010-E6. . . 8 3 . 00 EA AVAYA EC1105E11- 6 35 .4000 106.20 Optional 100-240V AC Power J�aapter (Type A, PROCUREMENT SERVICES: ACCOUNT NO. PROJECT SEE BELOW PURCHASINGPage 625 of 1106 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT I T T 3301 Quantum Blvd. Suite 101 P.O. 290946 Y , LX 3170 33425-0310 DATE: 04/02/19 VENDOR 16864 SHIP O: TO: STEP CG, LLC City of Boynton Beach 407 VINE STREET, STE 210 ITS DEPARTMENT CINCINNATI, OH 45202 3301 QUANTUM BLVD. SUITE 101 BO ON BEACH, FL 33426 ��uu REQU0TION NO. ORDERING DEPARTMENT: r .,-I DATE NEEDED: 010 NO. COMMISSION APPROVED: 9 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST C, G & I plugs - US & JPN, EU, UK, AUS & CHN) for. . REMARK' ' T.. RK `KARb.WARE FOR UTII,IT�85 S'CADA ADMIN ' G .�OK ;STATE CpNRCT 4 3 4(�( " % a -ACS OT . #Q X070 ; . . MAIL:' _ ...;I'I'S WILL PO ,.SEND TO. VENDER 7. PROCUREMENT SERVICES: P.O. TOTAL® 211813116.971 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 626 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301Ouantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190946 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/02/19 VENDOR 16864 SHIP TO: TO: STEP CG, LLC City of Boynton Beach 407 VINE STREET, ST E 210 ITS DEPARTMENT CINCINNATI, OH 45202 3301 QUANTUM BLVD. SUITE 101 BO ON BEACH, FL 33426 REQUMITION NO, ORDERNG DEPARTMENT: DATE NEEDED, BID NO. COMMISSION APPROVED EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* ----------------------- ---------------------------- PROJECT AMOUNT REQ/ACCT DATE. ------------------ ---------------------- 'X- 0000073535 03/29f1 tT IT1815 19586.97 30341015806415 0000073535 0312AY 2250. 00 5134917 0011510 ------------ Dm.. . . . . . . . . . . PROCUREMENT SERVICES: P.O. TOTAL ACCOUNT NO. PROJECT PURCHASING Page 627 of 1106 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 i 4/1/2019 Requesting : I.T.S. Stevens FE—xpiin for Purchase. The ITS Departmenti ing with STEPcg to replace it that aret the Utilities the administrationt end-of-life firmware tes have been releasedr over two years. Whilereplacing itc ill extend the Extreme Networks Fabrict already existsin the East WaterPlant and FireStation to the Utilities i i t i it i t Water Plant. This is beingto prepare the network for"Automated Infrastructure" ! implemented citywide 1, ource r Purchase (check and attach backup materials): Three Written QuotationsGSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract t43220000-WSCA-14-ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for ® 303-4101-580-64-15 ProjectIT115 - $19,586.97 001-1510-513-49-17 - $2250.00 Department Head Date L� Purchasing tDate Asst City Manager Date City Form Revised 02101102 Page 628 of 1106 m N N t t1 H o W d to o 0 o m a t- 00 -Ud M N N O d w W w to F d H m N t• a W a 0 m N i H � s7 = W Q O ® a O a O 0 d C? a a a 0 Ln 661 0 a 0 a o ® d N h a a d W H a a ri r-0 a si W H E C4 94 Ix lz 0 d ® 6 H $ U xa E E F H Ln Ix az z Ln 0 u H w w m w 0 a F F H H F p € e F a & H H H }6 H H H H H H H Hko W SG 66r U W a LA Ow w�qd®� �d❑Q® H O ma � 4 wit a � � an d O 03 - 'moi gP W EWPWPWP K-MEEMHW EUU9 H R°E d H H H H H H H H H a xx O H U d EU Z E W H yN �7 W E H 14 y W � Z O aEl SZPza FdzM SZg�Hzaz 0 zd W aFA a W a W w W H Q H H N F H H H ata � H a a a Y+W N Ha[p 0.RW'a7+[.� rA z W �DQ aar4 aaW Nm W WWw W UUzW µ a P4 H H a°H H m O J3 u WWF u 4� ry b a v m w 41 W mm Ln v N H N L u ID W d ® 0 0 M a o 0 0 ®u s z z COMMWACOWMM W H W W W u, m tt} N W m LO H 6n H ® F 6 o d oa a Ln H _ U �7 a ri a H F p O W m @ d� ri In m M tl� CS to .7 0 - U 0 o m o a o o a o O N O` 6 hWi ® - O m rt rr m o Mrq rr m as O P, H �. F C J w W E a rws H W HH N 6"1 d® N Ln m [ Q 9.t v u H Z a 7 Cy -.4 O b R W W W Q Page 629 of 1106 N cla m V ma pq H 0 C! eq Ln w Lb w a 10 0m w1 0 LA H -0 H at H la I ri Ln 0 0 0 0 M pd I 0 -41 w b O m 0 Ln w m Ln Ln m Cl? pq 0 Ln W m Ln v N M �4 N 0 A W i E4 im w pq Hz P4 N cy d H m m m rn Ln FEC H P4 'D'c CA Q ri ja P, pq E- 0 4 U 4 rrj 0 P1 VS 71 I y ji Ln fd )t pq 10&' 0 0 44 34 4 0 NU 44 QZy L; aq 0 Ln 0 41 to 0 m Ed w W D. m rh ,m 11 m 0 P, M d hcl. pq Wm 0 M I a pq 0 Ic Q1 O Ol 0� a x in A kFj Dr m 0 E�'s .8 ra 'a 'a I rd Id .0 1-1 Pe P,0 �Q 0 MH PPO 01 ;I - m u Q rp"CS, k Wa.7 6Sq a7 Cd n.1 0P, UJ 16 td 4 N 4)ca - -H CO r 0 Id ca 10 rd am w Okm Cd m M V-M 03 89 W W 0 k PI W P4 w I W41 Si 11 w W C.} pi hd -V w w M M H d W td w w y.Ix DE E m DI> 0 �/1 C1241 0 8SIO, "I W0 1 [4 E-, 0.14 m P,di P� �m A vN4P6 I m M2 .4 H 2:H, 2m -�Z� D3 0£F N ..m 0 DQ ..11 9 W + pq 0 Pq cl, w 8 E cr, 8 z �10 v m 0 C�Mai 8 a, , li kD 4 w w 4J-14 li H H Pq 11" PIC, :�6 A .0 C11 r4 Iq ED °4 I-i m 0 N H� U , p H Ol W 0 0 m IV E� t; H m '40 91:� 4 14 Ln E 0 OpU°NEa£pp l�4 X 2 Mr Q 8 148 8 8 + + I®W pq W V4 w w I� Cd H 0 E. pq N u E- 9 m� 8 8 -W, 07 U 03 PC; U W Mr 0�n-A w 8 rn 8 w m ®U T -0 0, 0 a, I m % A m J3 H WP, DI D3 W 0 CSW P4 H m : C'q In wffi Ln ka Ll w ca Page 630 of 1106 Quote Avow STEP CG,LLC Quote Date:031 019 S T 4OKM ww P cG 525 W.Fffffi Street,Suite 332 Valid Till:04/2612019 Covington,KY'41011 Quote Nmnber:Q-5070 BILL TO: SHIP TO: City of Boynton Beach City of Boynton Beach Contact Nw—te:Charles Stevens Qum Stage0elig emd ............... S.No. Product Is Qty List Price Mscount TOW 1. Extreme EC44DOA05-E6 2 $9,010.00 $9,010o0 $9,oiozo SP 4450GSX with 12 10/109/1000 BaseT PoE+ ports, 36 1G SFP parts and two IGG SFP+ uplink ports. Inc. Base Software License, I Field replaceable 2006W PSU. NO Power Cord, PRODUCT z Extreme L1 21- 2 $1,003.00 $B42.52 $1,163.48 STACKABLE 100OW AC POE+ POWER SUPPLY. FOR USE IN 4X08 PWR+, NO PC 3. Extreme 10M 4 $27.00 $45.36 $62.64 Power Cord, 15A, USA, NEMA 5-15, C15 4. G-PART 2 $456.00 $109.44 $802.56 97007-H34131 EW 4HR AHR H34131 for EC4498A05-E6 This Year Term: 365 Days 5. Extrenve PS-ESU-1 4 $2.500.00 $1,000.DD $9,000.00 Extreme Service Units, Single 6. Extreme EC2100010-E6 3 $637.00 $764.40 $1,146.60 ONA 1201GT 1+1 1800 Base-T Port, Optional AC Adapter Sold Separately 7. G-P3 $209.00 $81.51 $545.49 97007-H34128 97e87-H34128 , EW 41-111 AHR H34128 for EC1100010-E6 8. Avaya ECIIOSEU-EG 3 $59.00 $70.80 $106.20 Optional 100-240V AC Power Adapter (Type A, Cj G & I plugs US & JPN, EU, UK, AUS & CHN) for ONA 1191GT. Sub Total $21,836.97 Tax $0.00 Grand Total $21,836.97 ................................ .......... Terms atid Conditions 43220890-wsca-14-acs Page 631 of 1106 Data o cations Products and Services/Alternate Contract Source/State Contracts... Page I of 2 Skip to MainContent Department of Management Services Florida l er2artment of Management Services > Business Cloerations > State PurchaState Contracts and AaEgernents > Alternate Contract Source > Data Communications Products and Services Return CommunicationsData Contract Details Effective Period 09/08/2014 through 05/30/2019 Contract Type Alternate Contract Source Contract Contraet Information ricin Product Cate ories (17, 364.53 KB) Flow to Use This Contract Contract Master Agreement Documentsa ici atin ena Contract " ren a ells 488-6904 - Brenda.Wells@dms.mvflorida.com 43220000, 43190000, 43201800, 43210000, 43221500, 43211512, 43211600, Commodity 43211604, 43211700, 43212200, 43220000, 43221700, 43222600, 43222800, Codes 43230000, 43232300, 43232400, 43232700, 43232$00, 43232900, 43233000, 43233200, 43233500 Description This alternate contract source is for the purchase or lease (as permitted by state and local requirements) of data communications products and services; this contract is only available for products that are not available on state term contracts. State agencies and state universities requiring data communications products and services that are available through SUNCOM should contact the Division of Telecommunications MyTeD for assistance. Document reader download link t Ad tie PPF Header https://www.dms.myflorida.com/business—Operations/state_purchasing/state—co,ntracts—and...PAR4§ Af 1106 Skip to Mat�_n-Content_ Department of Management Services Florida Department of Managernent Services > Business Operations > State Purchasing > State Contracts and Agreements > Alternate Contract Source > Data Communications Products and Services > Contractors > Contractors - Extreme Networks, Inc. Extreme t r ,, Inc. Contractor Attributes Florida Climate Recycled Utilizes Coverage CBE Code Friendly Preferred Products Authorized Area Products Resellers O - Hispanic, No No No I yes I I Statewide Non Certified Customer Contact Name: Scott Altman Title: Director of Order Management Street Address or P.O. Box: 145 Rio Robles City, State, Zip: San Jose, CA 95134 Email dress: orders extremenetworks.corn Phone Number: 919-599-4108 Internet Address: www.extremenet orks,corn FEIN: 77-0430270 Remit-To Address: Dept. LA21921 City, State, Zip: Pasadena, CA 91185-1921 Contract Administrator Name: Michael Swierk Title: Contract Analyst Street Address or P.O. Box: 9 Northeastern Blvd City, State, Zip: Salem, NH 03079 Email Address: rnswierk o0extremenetworks.cern Phone Number: 603-952-5221 Authorized Resellers ontr for - Extreme Netw ks_jin n.. - Page 633 of 1106 v ❑ 0 y L 0 0 v ❑ 0o E C w a " as d LL y m ¢ m w ¢ r w O imLn fa p W - CL 0- 0 7 w Q 4 y ri V Z } M cu us M + .� cc J w U Pt mdp i d a o Fes- 0 O Z ( ¢ C} y C O C7 C7 Lu W °j N d C3 Z N W Q m C w ¢ J 6 ¢ 41 C� a m r = a ¢ ~ ¢ In i {{{1{ ci F W O w }�S�(h)f�,i� LL ��,?t7�<�, 3 u; + LLj 4- "s o+C a 2 Z w 3w N -j i 0. w 2 eY 41 3 Q 1� a _ 3 0 0 LU O + p �u 0 LU a d w Q G w Qj 4 urEA CL .� y EL LL W � O y,r d V7 0 GRw e41 O�1 05 V1 N Go � {� � 'n w LSF ct N M Go � 4� M y ii y aj w W N O w N W M M M w rl M wi M IVY 3 L n p O O O dCi �qf� y cMp N Q C C � VS L { �yy 7 koW W M W el W `lam �-i e•1 W q O 05 ® W 4- LUu W Q N d W I e _ Page 634 of 1106 Contact Information p _......�5yy ...I..... , STEP CG 22noindexter !, Regional Sales Executive 7 Vine St Suits 210 Stmet ® Cincinnati OH 45202 7,2-81-915-7878 t. r" r� 344-473®3724 Number: Mbiiia ° 1-989-7878 fmalU oin ex erfttep .e.com. InformationOrdering ( .` - _ i Danny `� !'I , ili - 7 I t grit 21 iftlCincinnati 844-478-372 281-989-7878 Ernall Address. d ointer_ _ tee .eom L: www.stepca.com 7 Vinet Suite Readt Address.- Cincinnati Page 635 of 1106 w mt w CDO a m a r- It w Ln 0 w Nt " CA 6 ni c� r-4 6 �6 ui k6 t6 �l W W 0 0 RT qt 0 en "r- q v-q 4n. po q "L v-q Ln rj 00 cy� r; V-)� 0,; -Z fj-�, in CY 0 N w ko 0 C4 w le un c4 pi L6 r4' 0' q.1' 4m' 0 r, qr Z o a w Ln q n N r-q 0 rl qr V4 An. 0 C4 V1, 0 w v w 0 w " w P% N o m m Ln W N T-q 0 Ln M 00 M 0 LD ',n Tr M r-I V)- Lei 0 u 00000000 OOOOOOQO 6 "i n6 6 1-: Oi 0i .2 N Ln 0 m 0 Ln L- m Ln = cl" ,i vi- co -T �7 bo w + s LU x V� 0 Ln ca (D < 0 z Ln r- 0 < 0 + < 0 0 -q z 0 > ? 0 0 ,-q '0 L- d) 0 LA A E 00 0 4- 0 M Ln 41 0 z 0 CL a, rL L) LA M E) CL 41 Z CL 41 = x 0 0 CL > V) CL 1A Lu 0 tA OL W UD �q UD 00 LLJ LLJ rn uj N I LO Ln rq lqr 0 ui 0 C14 rn V-4 en I < < T 0 = Tq 0 0 (n n 0 nU-1 �i b Ln a) �4-j 13800Y �100 0 rl% Ln u n V-4 0 w < H M M w M rl 4� qJ 4J Qi tli u uj Ew E E E E E E m cu LW- LW- E L (VW- E E T elvrc4xllvvvvm> CL Lu Lu w Lu Lu ui Lu . r4 r4 m gr Ln w N oo 0 2! Vf Page 636 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT VICE E T 1 Quantum Blvd. Suite 101 310 P.O. #: 190959 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/05/19 VENDOR 15000 I TO: TO: FORAY TECHNOLOGIES City of Boynton Beach FORAY, LLC POLICE DEPARTMENT 3911 STH AVENUE 2045 HIGH RIDGE RD. SUITE 300 BOY O BEACH, FL 33426 S DIEGO, 92103 REOL10TION NO. OR ERfNG DEPARTMENT; EENEEEED:� RIO O: OOMPv19EON APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 ZA FORAY ADAMS SERVICES 11995. 0000 11995. 00 -setup of storage hierarchy within ADAMS. For large operti.Qri tk3se the setup 0r 'a-:-:' selectioni'ftage: Ji� a � f thet comg�eed agency staf > st ,amdox� girat.ian. Q kga typczs, pexy Ptegoriesr. tegox': 5-p is lel s, and other :coafigsxration aptx eat .mbta-llation mid s up :of barcode i d: bar.c6d6 sc nnexs labeling of stQrge`locations gaining . er c.es wil . b .:delivered r Qtel�tr.and on `.site VENICkbR. ITEM .NO. "' 1.'&E. CONFIGURATION 2 1.00 EA 3 bOOD 5733 . 00 AN GENT, IN-STAI2GRAT ON,TRAIN � G ANp �L��PORT 1 cx tmanagement Cb.'ordinat� n -complete, rstem saftvaax ' -complete setem rat eexat~ �sn, ?dnd testing -migrate data from: existing P&E system - $5, 000 -on-site reser familiarization PROCUREMENT SERVICES: Lty) - Lye q P.O. TOTAL: ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 637 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #. 190959 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/05/19 VENDOR 15000 SHIP TO: TO: FORAY TECHNOLOGIES City of Boynton Beach FORAY, LLC POLICE DEPARTMENT 3911 5TH AVENUE 2045 HIGH RIDGE RD. SUITE 300 SAN DIEGO, CA 92103 BON BEACH, FL 33426 REQUMITION NO, ORDERING DEPARTMENT- DATE NEEDED: BID NO: �COMMISSIONAPPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST training for a maximum of 3 at"tend6eq. Instructor fees and tr�aval. expenses. X. -onefar "PLrq"" i nC 1.ua. . .F.0 -1.. - - m tea. access .to the -:T PpQri. 7...Am pacific-:.4pm time, '49d ....- s�iacrt Ys leaving a' mess ge on :q,..p 'pr t ..,s phone riterz et qpgineex bdaed r e M.'-6.t dY�:ggnnpStics ;: f re e AlDAMS soft rare. updates J. . . . . . . . . . . upgrades -. . . . . . . . . . . . . . . . . .. -XARXS .M. MCE :.FOR. NEW CAD RMS SOLE.: SOURCE VENDOR'— 2 5 4 9 RIN. Db �Po� NOT.`.::MAILL. SEND TO.:VEM-0R: . . . . . . . WILL.- E L 177 2 8 .0 0 PROCUREMENT SERVICF:� : P.O. TOTAL:7 61 ACCOUNT NO PROJECT SEE BELOW PURCHASING Page 638 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT VIC T 3301 Quantum Blvd. Suite 107 P.O. 190959 BOYNTON BEACH, ®ORIDA 33425-0310 DATE: 04/05/19 VENDOR 15000 SHIP TO: TO: FORAY TECHNOLOGIES City of Boynton Beach FORAY, LLC POLICE DEPARTMENT 3911 5TH AVENUE 2045 HIGH RIDGE RD. SUITE 300 SAN DIEGO, CA 92103 OYNTON BEACH, FL 33426 REOldllTIOI NO, ORDERINGDEPARTMENT- DATE NEEDED: BID NO: COMMMSION APPROVED: M EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* -------------------------- REQ/ACCT DATE, REQ PROJECT AMOUNT ----------------- -- _ - 0000073513 03/27/;.--9.' 9000. 40 00121105216414 0000073513 03/27f19 PL,T -.• `; 8728. 00 00121115216414 ; ': ' '` -: PROCUREMENT ERME : � �PO. TO TAL: ACCOUNT NO. PROJECT PURCHASING Page 639 of 1106 'Y CITY OF BOYNTON BEACH REQUEST 109000 March 27th, 2019 Requesting Department: Police _qaplain Zeller Explanation Purchase: The current police physical evidence management software is outdated ). In 2014 t departmenthe purchased the Foray ADAMS systemr digital evidence purchased, has the abilityl I l evidence withr ilii i th the purchase of a data conversion, vendor setup, and trainingtake full advantage systemForay is is already sucessfully deployed. i n only be provided 1whichis ritry system. See attachedr further details. c l i Source 1 r materials): Three Written Quotations GSA State Contract 17-1 L--j PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted i tem Emergency Purchase Other Contract Number: (VOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source r Purchase: 001-2110-521-64-14 (9,000), 001-2111-521-6 -1 (8,728.00) a rHe Date pa tAsst i t I Form Date evised 021 11 2 Page 640 of 1106 Fid 0 0 0 C! C� d C� 7!f- 0 m r- El. m CN Ln r- >4 0 w > Fa >q m All, s : 14 iO , 2 U p 0 0) 0 R r1l . Pe W Ln HU i N 0 uj m X rA W F4 En w r7 O0 PE-1 : a O . H to 1 Z 0 U 90 0 ' 0 0 0 t)r— H . 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El[4 0 Hri z 0 M P, LO) 0 M Ln F D3 H 0a I 4 LO 0 H r- 0 .4 WE- H ca a i P4 P, LnEm A ❑ z in pq Z z H th EMI1:4 . 20 H H N H 94 Eb, W pq z W. O> P4 y I ri In m i W2 51 Q 03 a) ra 179 cx 2121 0 H Im 0 a3 GL ul W 14 Ix pq M ra Id H H ul 0 tc g 6 Q�c U®® 0 4 pq pq ul H r4 H ri U M f+w B pq 1 A p 10 HU In R �j 4 � -H ji P, IF v -W �4 w to m ri H 44 Ln Ln Ln 0 j bl 0 E� 14 0 E4 0 H 0 k E, H H A 94 1 -.1 8 E, o H m eq N ev U 41 0 H rA 0 0 ri 0 1 u 6 1 8 a)-A W 89 '40 a 0 L) 5 r2l H p H0 co r pq 0 .0 1,4 ra m cd Page 643 of 1106 S Vanessa Snow DanielCline F ° Assistant Chief = Evidence Specialist Support Services Support Services ,. REF., Foray ADAMS o r 'Upgrade February 28,2019 illrn �i Inte�rati€an!Sole source L—J The software currently used to manage physical evidence, TraQ by the QueTel Corporation, was purchased in 2004. Our current version of TraQ is very antiquated and lacks features of more modem evidence management systems. Therefore, this is a request to upgrade the evidence management system. In 2014, the department purchased Foray's ADAMS system to store and manage digital evidence in lieu of storing digital evidence on physical discs. The ADAMS system purchased is designed to manage ge both digital and physical evidence. The department originally opted not to utilize the physical evidence management part of the software as a project was underway to purchase a new CAD/RMS that would ultimately take over physical evidence management. The department eventually entered into contract with Spillman/Motorola Flex. Members of the department have communicated with other agencies using Spillman who advised that after using the evidence management portion of their system abandoned the evidence portion and moved to another vendor due to major flaws that could lead to inaccurate record of chain of custody as well as the lack of evidence specific features. Spillman representatives acknowledge that their evidence management portion has not been fully developed. As the department currently owns licensing to use the Foray ADAMS system for physical evidence management, a data conversion, setup, and training(all that can only be accomplished by Foray and no other vendors) would be all that is needed to upgrade our evidence management system. Several web demonstrations have been conducted and staff agrees that the system is well designed and will fully meet the agency's needs. Therefore, I respectfully request that we move forward with this upgrade to our evidence management system with Foray ADAMS and later conduct a data integration with Spillman. Page 644 of 1106 ` xEcHruorsOerca �r q DETAILED QUOTE QUOTE NUMBER: Boynton eac _ E_259v QUOTE DATE. 02/19/18 revised 11/26/18 revised 02/08/19 QUOTE PREPARED BY. Anna Disney QUOTE PREPARED FOR: Daniel Gine Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561)742-6173 I TO: Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561)742-6173 !ll TO: Boynton Beach Police Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 E IT PAY ENT T : FORAY TECHNOLOGIES 39115th Ave.,Suite 300 San Diego,CA 92103 (619)858-1360 (619)858-1366(Fax) 3911 5t'Ave., Suite 300 ® San Diego, CA 92103 (619)858-1360 a (fax)(619)858-1366 • www.foray.com Page 645 of 1106 Quote Prepared for the Boynton Beach PD 11/19/18 revised 11/26/18 revised 02/08/19 Page 2 Cost Summary- Purchase Price *$17,728.00 See attached Terms& Conditions for cash purchase 1. Foray ADAMS'Services-$11,995.00 P Configuration and Training Services engagement to get an agency's property room and personnel up and running using ADAMS's Property and Evidence functionality.During the services engagement the following will be accomplished in conjunction with Agency Personnel. • Setup of storage hierarchy within ADAMS. For large operations,this may be the setup of a selection of storage locations,the rest to be completed by agency staff. • Setup and configuration of package types,property categories,category specific fields,and other configuration options. ® Installation and setup of barcode label printers and barcode scanners. * Labeling of storage locations. • Training • Services will be delivered remotely and on-site 2. Management,Installation,integration,Training&Support Services $5,733.00 Project Management/Coordination Complete system software installation Complete system integration,and testing Foray Technologies will install,configure and train on products purchased directly from Foray and as otherwise outlined in this quotation. If client wishes to have Foray provide services for client-provided products,client must first receive approval from the sales representative prior to accepting this quotation and providing a purchase order. Please be advised that the purchase of additional components and or cables may be necessary Page 646 of 1106 Quote Prepared for the Boynton Beach 19/18 revised 11/26/18 revised 02/08/19 Page 3 a Migrate data from existing P&E system-$5,000 • On-site user familiarization training for a maximum of 3 attendees. Instructor fees and travel expenses included. • One Year Software Support which includes, Unlimited access to the Foray Technologies'Support Desk,M-F 7:00 AM-4:00 PM Pacific Time and off-hour support by leaving a message on the on-call support engineers phone (which is listed on our voice mail),excluding statutory and local holidays. Internet based remote diagnostics Free ADAMS software updates&upgrades for compatibility;additional components and or cables are provided at client's expense. Foray Technologies does not guarantee the compatibility of client-provided V party devices,components or software. Page 647 of 1106 Quote Prepared for the Boynton Beach PD 11/19/18 revised 11/26/18 revised 02/08/19 Page 4 a ADDITIONAL OPTIONS Software Options: A. Additional ADAMSm Concurrent User License...................................................$1,495.00 Each Please be advised that this amount does not include any associated costs for shipping,installation,training and/or support for the additional options provided in this quote. Therefore,the exercise of any option may affect the cost of Installation. Page 648 of 1106 Quote Prepared for the Boynton c 11/19/18 revised 11/26/18 revised 02/08/19 Page Terms and Conditions of Proposal • Purchase order number or credit card information must be included on order notification. • Prices quoted are U.S. Dollars. • Proposal valid for a term of 90 days from initial date of proposal. Thereafter,all prices are subject to change without notice. The term"Equipment"includes the items listed on the client's signed accepted proposal together with all software,software licenses,supplies and materials incorporated into or added to any of the Equipment by Foray Technologies,Inc.(Foray Technologies)or its vendors,employees,agents or contractors. CONDITIONSGENERAL TERMS AND 1. v e t Ter s. Payment of the purchase price is due as follows: Net 30. If invoice exceeds$5,000.00,then the following terms apply. Purchaser is responsible for all applicable state and local taxes, including state and use tax if applicable. Purchaser's Author! . Purchaser has full power and authority to enter into and perform this Agreement. 3. Sales Contract. This is a sales contract. Purchaser accepts the goods and materials herein described. This is not a sale on approval or trial. Acceptance is binding on Purchaser,its heirs,successors and assigns. 4. Optional Services:Services outside the scope of work quoted in this proposal are not included or covered as part of this Sales Contract. Services outside the scope of work of this proposal (unless otherwise quoted)may include; Operating System Upgrades B. Adams Software Migration (from an existing workstation to anew workstation) C. Server Migration(from an existing server to anew server) D. Server Consolidation of multiple repositories These services can be purchased separately under an additional contract if not quoted in the services of this proposal . Installation Date, The"Installation Date" is defined as the date Foray Technologies determines the Equipment to be operating satisfactorily which will occur on the last day of training. Page 649 of 1106 Quote Prepared for the Boynton Beach PD 11/19/18 revised 11/26/18 revised 02/08/19 Page 6 6. Title and Risk. Title toproducts passes from Foray Technologies, Inc tmPurchaser upon complete payment ofinvoice amount. Loss ordamage that occurs during shipping bym carrier selected by Foray Technologies is Foray Technologies' responsibility. Loss or damage that occurs during shipping 6va carrier selected bYPurchaser isPurchaser's responsibility. Title bosoftware iscovered|nthe Software Licensing Agreement. 7. Prepayment. You may atany time prepay the total remaining unpaid installment principal balance at any time,thereby eliminating the obligation to pay future interest orfinance charges. & SecuEftty Inter sl. Foray Technologies shall have apurchase money security interest|n the Equipment in orderto secure payments due underthis Agreement,and you will promptly execute any documents Foray Technologies deems reasonably necessary to file and perfect its security interest. |fyou fail todmso, Foray Technologies may execute the documents mnyour behalf. Foray Technologies may conspicuously mark the Equipment toidentify its security interest and you may not place any conflicting mark onthe Equipment orpermit the Foray Technologies mark toberemoved. For solong as Foray Technologies shall have a security interest in the Equipment,you shall not remove the Equipment from the address of delivery or sell Equipment or any part thereof without Foray Technologies written consent. 9. . Ifeither party fails tocure mmaterial breach within ten (1O) days following awritten notice ofbreach bythe other party,the other party may upon written notice either(a)terminate this agreement,or(b)suspend its performance under this Agreement and/or under any related agreement. Additionally, ifyou breach any of your obligations under this Agreement, Foray Technologies may require immediate payment mfthe entire unpaid principal balance, plus all other amounts due under this Agreement. |fany party seeks the assistance ofcounselor commences any legal action toenforce this Agreement,the non-defaulting party shall be entitled to recover its costs and expenses, including attorneym'feeo,from the defaulting party with regard tpsuch consultation, legal action and appeal therefrom. 10. Limitation of Llabflb. |nnoevent shall either party beliable tmthe other party for any special,indirect,incidental,consequential or punitive damages in any way arising out of or relating to the agreement,whether the claim alleges tortuous conduct, including negligence,orany other legal theory. |nall cases, Foray Technologies total liability is limited tothe purchase price paid for the Product. 11. This Agreement shall beconstrued and enforced |n accordance with the laws ofthe State mfCalifornia and the United States oYAmerica, except that body oflaw concerning conflicts mflaw. The parties agree that all disputes mrother matters pertaining to the enforcement orinterpretation ufany provision mfthis Agreement or arising from any other aspect of the vendor/Distributor relationship created hereby shall be submitted for resolution to the California State Superior Court in San Diego County,California U.S.A.,which court and the California State appellate venues thereof shall bethe exclusive venues for such matters and the parties hereto consent tnthe jurisdiction ofsuch courts. Page 650Of1106 not Prepared for the Boynton Beach PD 11/19/18 revised 11/26/18 revised 02/08/19 Page 7 12. Entire Agreement. This Agreement, including the terms and conditions contained on any applicable price list,constitutes the entire agreement as to its subject matter,and supersedes all prior and contemporaneous oral and written agreements as to such subject matter. Furthermore,you hereby understand and acknowledge that Foray Technologies has not made and is not bound by any oral or written representation made by its salespeople,which do not appear in this Agreement. In the event of any inconsistency between the terms and conditions specified in a price list and those otherwise contained in this Agreement,the former shall control.Any terms and conditions on any ordering documents or purchase orders you may issue shall have no force or effect. Page 651 of 1106 rc �so�oo�a z March 7,2019 Daniel Cline Boynton Beach Police Department 561-742-6173 ClineD@bbfl.us Dear .Cline, Thank you for your interest in Foray Technologies and our ADAMSTm Evidence Management solutions. The Foray Technologies ADAMS solution is a complete, comprehensive evidence management and forensic digital imaging product line that consists of hardware,software,installation,training,and support 1 maintenance services. The solution has been in use at the Department since 2014,the addition of Property and Evidence functionality is an update to the existing system. It is a copyrighted program that was developed by Foray Technologies and is maintained exclusively by Foray Technologies. There are no other vendors in the U.S.,Canada,Europe or Asia who are authorized to provide development,distribution, installation, integration and training, upgrades, or support for the ADAMS applications. As such, Foray Technologies is solely and exclusively responsible for the development,distribution,upgrading and support of all ADAMS products and services,therefore justifying sole source procurement of the ADAMS products and services. Please feet free to contact me at(619)858-1360 ext 529 if you have any further questions or if you require any additional information. Sincerely, Anna Disney Western Region Sales ,�_£„F r.�. � ,... : �_, �,-�.�, -�,;n,.N.a �, ��_ ��-laN;,,�,r s .�W, �„-;gin. ,�, n�4 e � • �,�- 3911 5'h Ave, Suite 300• San Diego, CA 92105 (619) 858-1360 e (fax) (619)858-1366 • www.foray.com Page 652 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190960 BOYNTON BEACH, LORIDA 33425-0310 DATE: 04/05/19 VENDOR 13242 SHIP TO: TO: METRO-DADE K-9 SERVICES City of Boyntori Beach 17940 SW 168 STREET POLICE DEPARTMENT MIAMI, FL 33187 2045 HIGH RIDGE D. BOYNTON BEACH, FL 33426 REQWSITION NO, 73601 ORDERING DEPARTMENT: POLICE DATE NEEDED: MD NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA I EUROPEAN IMPORTED POLICE 11500 .0000 11500 . 00 SERVICE DOG REMA�. ,- NEW K,R�:.:]POR:'XEWK 97 HANDLER r.. DO PD: D. WILL SENT 'v- -0.]::,VVMOR .. . . . . . . . . . . Yj . . . . . . . ...... . . . . .......... PROCUREMENT SERVICES nK0. TOTAL. 11500. 00_9 ACCOUNT NO. PROJECT 691-5000-590.04-32 PURCHASING Page 653 of 1106 CITY OF BOYNTON BEACH g r �, REQUEST FOR PURCHASE OVER $109000 Date: 4/5/2019 Requesting Police t. Zeller Explanation ° This is for t r ourhandier. Three quotes were obtained $7300.00, $8500.00 and Metro t $11,500.00. Metrois the highest priced however, we have purchasedlast 5 K-9 from this r . In addition, t @r located in Miami Dade and alwaysavailable in ) for any issues that may arise. It is our recommendation m is selected based on prior positiveexperiences mded Vendor Metro Dade K-9 Services r 11, r : Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Ie Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. Purchase:Fund Source for 691-5000-590-04-32 Approvals: Ut Department Head Date Purchasing Date 5 Asst City r Date City r I # Form is 01102 Page 654 of 1106 M Ch r4 M eip td W I I O H I i I E.cs o10 1 r UH 1 C O E-I I i W I W m I U I a B O Ew H H I tl O Q a i i x i Hw r I I W H I FQ Lr � I a I I W W I H i f]X0 dq H Q OL4®a 0.1 E I + I eft{Wj i I I a I a � QVM I z I to p H U ® I 1 0 H I tl O 1 � ai Ln LO i a H N FJW] I H rt F8k I w � I b I ea W &4 03 i o d p o a rdo Ca q no l d "L D a o I O lD 4 U I O H O O00 I M q , O H I H [+ I 1 Q H H O H O I o D I [s H o 0 o I E ® I U9 to azn ems LO I s7 N B N I M M a W Dc N i 1 l a E � � 5 i W i Rk O a 4 E. [y RI H I I 1 H U ad i W 4 0Op + wWx P E Z 7 i H f+ d pq GA W 7 W O) to O w U ca 0 4 4 B 1 U H m 0 El 14 to J a 0 S O E I Lrj ❑� I Rm fie' 49 0 c U j N a a r M 0 O �L �H Q+ 1 eF.a H p. .WPI I V+b I a p b W P,m I H PI I VJ M a bed W W I �l W F9 d)W m NMOw � a a I Ey a U I N � 1P1 66 d a I Yy5`a a + •• b r1 ® 54 Id ® am -,d z O C J W a ® i }+❑ i o am S E Q I wN I LO $`0+ U rQ 61 H I W Q 2 I Li! ceV 4°{f 0 b i 00� i Um x m N Hsu U •C y° a Pw� m U b OP b H Lma ® ® y .1 S4 L F a + M W x W IC f(R Y H p, 1 H I �£,� D bm m 0 U a z 1 I H d OI•'d Ea Ea S 61 I I a p. sc'd'O U E Page 655 of 1106 1 }ti'?t7 tlftt i �r i 4,t r t I at • i♦ ♦ .,-. ��' I M, A 1 - ' A► 1 ' i » .: , • I '..1 •' 1 t# I ! ;AI, A A e A L: N M.A- . _ 7 t - '.,I t :. - - + ' I II'I '1 s..�,i. ! . li. -� I - •.� Al-�.l' 1 A.. !':,' A�' I iY �- 2 � f.": A ...A, _ I�€ ". s A a ." t k - f:. - =I 1 ► 1. ..A 1. 1`. :� 1 4Y k e "1 ° e.` :"4 IFI A I' A 1 ! * 1 ':♦ � _. 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I A I'L 1:' 1 -t •.A. 1" :! E ! 1 ! ►- I 1.::1 A i' '1 1 # "A t �,a- * 14� l� $ 1 ■ �'I f. A- * I "' I 1 n ,t c--s ► t a - „�� IrA. I.► . 4 aA-- -t •I � r I r 1 �. t l 4 I. ,: f ;I f ^.0 I �.I:. 1 ,. 1.:'. -,i A 1 l.: . 1l ,."- t •, .1 # •.II !, _.� I _ , k.' � B' ►1.. . :A .'i- -i AIA I :,�11 . " I _.' frl- APAa `a' � _ �... .. WWW.HffTR0DADEK9XGK PROPOSAL CITY OF BOYNTON BEACH POLICE DEPT Date: MARCH 29'x,2019 Buyer:CITY OF BOYNTON BEACH POLICE DEPT. C/0 SGT.JON KAUTZ TERMS AND CONDITIONS: The Buyer, the City of Boynton Beach Police Department agrees to purchase 1 European Imported Police Service Dog for dual purpose work described as follows: NAME/BREED/DATE OF BIRTH/1D#: TBA FOR THE PRICE OF$11,500.00 Health Guarantee: The Seller, Metro-Dade K-9 Services, will provide the police service dog with the below listed documentation and promises a health guarantee to include: If available,seller agrees to provide current vaccination documentation,current veterinary examination record, and current X-rays of hips,elbows and spine from European export veterinarian. The seller agrees that buyer may have the animal evaluated by a licensed veterinarian for complete pre- purchase examination including skeletal health;the costs borne by the buyer. If the veterinarian deems that there is a health concern that will prevent the Police Service Dog from active duty, the buyer may return the dog to the purchaser and purchaser will replace with another police service dog of equal value.All the same terms and conditions will apply.If the veterinarian deems that the animal is of good health and passes the pre- purchase examination, then seller is relieved from any warranties or guarantees related to health.The teeth have been checked Workability Guarantee: The Seller,Metro-Dade K-9 Services,is delivering the listed service dog with the following working guarantee: 1. Guarantee that the service dog will possess the proper drives and temperament for police service work. 2. Guarantee that the service dog will pass the Florida Department of Law Enforcement Patrol Canine Team Examination of proficiency (F.A.0 Rule 11b-27.013 (2)) or compatible program/certification if not in the State of Florida. Page 657 of 1106 . The training/school will commence within 30 days upon acceptance of canine and veterinarian approval. 4. Seller has the right to evaluate Buyer's canine training methods and practices prior to signing contract. Agreeing to the terms and conditions of this contract indicates Seller's intent to proceed with sale and acknowledgement that Buyer's training facility is utilizing methods consistent with industry standards. Replacement: In the event that the health and workability conditions listed above are not met,Seller agrees to replace the listed service dog with a canine of equal value provided it is returned to Metro-Bade K-9 services in the same state of health and trainability as when received. Seller will have a reasonable period of time,(45 days)from date of return, if a warranted claim is made under the health and workability guarantee section of this contract. Liability; Seller advises that this animal may bite, or cause damage to persons or property while in their care and that Tony Guzman,and or Metro Dade K-9 Services and or their staff are not to be held responsible or liable for this animal or any damage it may cause. Buyer waives and releases Metro Dade K-9 Services, its employees, officers, members, and agents,from any and all liability of any nature resulting from the use of this police service dog. This contract contains the entire agreement between all parties. All terms and conditions to this agreement shall be binding on the heirs,administrator,personal representatives and assigns. Buyer agrees to pay within 30 days of the invoice date. The invoice date shall be the date when the canine is surrendered to the City of Boynton Beach Police Department.The terms and conditions are accepted by both parties whose signatures are below. _._. ..._.w....................... Signature and Date Signature and Date Seller, Metro-Dade K-9 Services Buyer, Department Authorized Agent Tony Guzman Authorized Agent Page 658 of 1106 Ventosa Kennel, Inc. Ventosa Kennel P.O.Box 358 Scotland Neck,NC 27874 www.ventosakenneine.com Office-(252)826-4415 Cell-(252)370-5353 Proposal to Supply Law Enforcement K9 Date: March 29, 2019 To:Boynton Beach Police Department Re:Dual Purpose K9 Attn: Sergeant Jon Kautz Sir, As per your request,this document is to supply you with a quote to provide a K9 for your department's specifications. Please,be advised that Ventosa Kennel, Inc.hereby proposes to provide an Imported K9 to Boynton Beach Police Department as per your request and specifications. Specifications are as follow: * One Green,Dual-Purpose K9 Our price for a K9 meeting the above specifications is $7,300.Because of the fluctuation of the US dollar vs the Euro,this price is good for a 90-day period following the date of this letter. All K9s provided by us come with a one-year performance and health guarantee. All of our K9s are imported,micro-chipped, come with X-rays for hips and elbows, and come with a shot passport. Our K9s range from ages 12 months to 24 months. These are either Dutch-Shepherds, German Shepherds, Belgian Malinois, or Shepherd/Mal mixes, and are males or females. They have been thoroughly environmentally tested and possess appropriate drives for this particular law enforcement training. If Ventosa Kennel is awarded the opportunity to provide a K9 as per your department's specifications,the department is welcomed to schedule a time with Ventosa Kennel to test available K9s for selection. We may also assist the department with making Page 1 of 2 Page 659 of 1106 arrangements for a hotel while visiting our facility. If flying, we offer transportation to the airport with no charge. We may also provide transportation to the vet for a health certificate at no charge. Ventosa Kennel will be able to complete vendor registration for the City of Boynton Beach. Payment to Ventosa Kennel, Inc includes a 30-day net. Ventosa Kennel was founded by Tracy Bowling in 2000 and has been successfully providing law enforcement K9s and training for the last 19 years. We appreciate the opportunity to provide you with a quote for an Imported Green Dual Purpose K9.Please continue to keep us mind for any similar opportunity. Thank you for your time and consideration towards this proposal. Best regards, Cassie Denton Ventosa Kennel, Inc. Assistant Training Coordinator (252)826-4415 Page 2 of 2 Page 660 of 1106 Kautz, Jonathan MEN== From: Stacey Moyer <Stacey@exceIsiork9,com> Sent: Thursday, March 28, 2019 1:58 PM To: Kautz,Jonathan Cc: Mike Marante; Sarah Mahler ® ExcelsiorK9 Sergeant Kautz, Thank you for reaching out to ExcelsiorK9. We welcome you to come visit us. We have top-quality dogs here. We offer a 1-year workability and 2-year health guarantee which is the best in the industry. Since you are a new customer,for the dual purpose green dogs that we normally offer for"e,we will provide a discount of$001 Our single purpose green dogs normally sell for and we will also provide a so"iscount. You can get more information and see the latest regarding our dogs and training on our website at mmw.ExcelsjaLK9.cm or our facebook page at http s; y—facebook.comlexcel siork9L. Feel free to call Mike (7 6) 299-1810 or our office at (352) 324-1182. We will be happy to accommodate whatever day or time that works best for you to visit us and check out our dogs in action. Stacey ExcelsiorK9 26135 Bloomfield Ave. Yalaha, FL 34797 (352) 324-1182 Stacey Moyer Office Manager S Enterprises LLC DBA Excelsior K9 26135 Bloomfield Ave Yalaha, FL 34797 ExcelsiorK9.co m 352-324-1182 Page 661 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quaritum Blvd. Suite 101 PO- BOX 310 3P.O. #: 190962 VENDOR 16848 BOYNTON BEACH, FLORIDA 3425-0310 D.O. 04/09/19 TO: CORE & MAIN LP SHIP TO: 1830 CRAIG PARK COURT City Of Boynton Beach ST LOUIS, Mo 63146 WEST WATER ADMIN 5469 W. BON BCH BLVD. BOYNTON BEACH, FL 33437 —JORD i.R.,ING DEP E NN R QU'ST'o REQUisrnON NO, 73589 ORDEMNG DEPARTMENT: ITPIL WWTp/mR 10 , kDATE NFEDED: BID N - MON APPROVED- BID NO: EXTENDED LINE# QUANTITY UO M ITEM No. AND DESCRIPTION UNIT COST COST 1. 00 DL VALVE W/CHAINWHEEL 7244.9000 7244.90 CI 20 Flange 150B Butterf VLV Bursa Seat, ly Shaft, oy, D, 3 04SS Bearings, T S, Pout ... Inictq xxSe tj.- en P .7 10, Paint Iter er iq.iv 2 — 00 DL QT GEAR an g e .15033 Plain 5096-94 ' 9terIT bPV Seat: CI V'. CI I}1 304SS Sa N Y. 4trOn 'r Lia gs Pckint4' 8 .MI NSF Epoxy -.Weeks.' k"NARKS. 'M:L-ACtMENT T... VAL;V9-s FOR I .NFLU9NT OF TR '51-H'AT WWTP O WENT #8739.99 P 0—�CURI"MENTSERVICES, R� P-0, TOTAL. 12341.84 CCO�W PROJECT TAL, fACCOUNT No. 12341.� 403 .5 403-5000-533 -65-02 WTR020 PURCHASING Page 662 of 1106 CITY OF BOYNTON BEACH t nw , Date: 3- p Requesting Depanta Util P 'TP Contact n: Leon Lier us Explanation for Purchase: el&e ent valves for influent of treatment basins at WWTP, i r o ain rc f r Purchase (check ant Three WrittenQuotations State ContractSNAPS I� IOIO Sole Source Piggy-Back Budgeted Item Emergency ro s Other Contract Number., OTE: Pricing proposal for purchase must be presentedin the same detail contained vAthin the contract. Fund Source for 403-51000-533-65-012 WTR020 Approvals: Department Head Date Purchasing gent Date Asst Manager ate i Manager to Form Reued 210112 f Page 663 of 1106 0, m ^. r r I a r � Ey a r ' + O� ' a rn O + O ®tr N E+ r ' r + OW I a WOO to + Nr to + 1144 ' + r rP4r + O Sfl + A a ' I w ! do N4 Ln i O V-i r a as , o 0 ' a o ®CH rZ ._ H H aH Ey - r a I �, a WH WN H� i 1 I IMW H Cx r ul Ix � 14 CD H e i i0 Na 0 C Pi ed ca `� re j H r W W Pa G7 co Q I r i W > i aH OW 3 r i d� W a H Q 0 a O 10 0(v a +--+ 13+ m P4V] I CJ 0 ` Gd dam' to H i W 41 Al PN 4a u m eN a W W po rd wP4 H Nto E+t13 uy pi s� Qo-aOOE+ ' 24 P4 °� ' U��ice• ��5;.+ ,� ' 'o�y E+ a' 4 m itl.4134 ® i H Ix H P4 > ••� a-aNd D3 CO E-4 A° mo:H PH m NH u Nc Fe u m E$ C1� S lox E, 04 00El a Ea r4;3 r`w •V`'W US A W I W O -Q P H + ' 0 .- U r C'a No a N 3.r O aI Ln HH uO (9 Ln ta� 000 Ln w E+ H , Do,; ,,;,' 0� °;Q Ln Ln z €a C:lo Q c�W W s-d W Fi W i }moi{ a-9 ['d a Ha Page 664 of 1106 REQUEST -FREQUISITION E.T.E.ENTRIF DA": 041312019 _................_........,.. .......... ._.............. _............. I . ................._................................­.............__.,-.........._____.. Procum. e r. 'ta .............._...,. ........_.............,............ City anager n a REASON F _.._ eBae°Hent vaive f'—or in"6entf treatment Bair ai TP. VENDOR [ F Tt m TINFORMATION, Hama Car rn i Date 6 1:k6 rea ; i t67 _. Fr�x ineerir� ..........�. ... . _ .. _ Cate Needed: 04) Confirm. _.............ivies beach, F 35464 Cyst„ 1. . .�,�_..........__,. ............._____........._..........._.............. ........... i i tributi n BACKUP DocSDELIVERY: SUBMI'ff ED: Phone (contact): clavier ealharsii stet . al. Os� teIVerai ...........a..__...........mi. ................ --..........._......._........._......... � _____s�m _____r � _____..............._____..........._..........._............____.............._. over$606) hone° 561-848-4396 Pmi .._..........._....._...........—.............._.................... Fay. 561-845-7267 ( . E. T � .. _ _ . . Ven Number P Treat. ..............�.............._..........._..........." id 566i � STP 42 - _____. . 111111.- __ _ . deter rvU S ie S ur e tr, . Pit ... �_. ... _ _.. _......, INITIATOR: Leon Llberus, Chief _ Operator Sewage Insurance Special Instructions: .. .................______.........._____Y............_........._.... . e uirarnen ; APPROVED- .. __. ....... Project umber.- es duan rust Prue —cri _... .... . mbi .. ..... Fund Cats le.n rpt........ , 44° 0 ... Valve I i ei 463 506 ....... ...... ........ ......�.�.. ° ,244°90 26ma Flange 160 6 tterll VCV ....... Ana Seat, Cl Body, Cl Circ, 304S,S Shaft, latron Bearings, MCT-4S, Position Indicator, Chain heel, Open Left, 40FT Chair, Paint. 6 MILS NSF Epoxy .................., ............ .............�.. interirl6terirlO - O ... X5,0 , 4 ..... mm........ .... _ W/O403 506 533 66 6 $6,696,94 0" Flange 160 ... laiiio Stern SFV Ana.Seat, Ci Body, Cl Circ, 3048S Shft, tlatrn Bearings, Paint:6 MILS NSF ......... mm....�..... ... E 2xyjNT° 4- ... e .. .. ...... ......... ...... � .... ........ .. ...... Toi 6 12,341684 Page 665 of 1106 WffdesDeparanenj 124 F-Wov1bdgArR0&d Boynton,beach,Ftodda 33435 r Phone(561)742-6400 PAX (56d 741-6298 OFFICE OF THE DIRECTOR OF UTILITIES REQUESTED:ITEMS Replacement valves for influent oftVENDOR #1: reat e�rot a ir�a, Core n i CONTACT a �a a ai QUOTE:PHONE NUMBER: T-�2,34184 ® er-go mat wo-r CONTACT PERSON: PHONE NUMBER: VENDOR#3: yq PERSON: PHONE QUOTE: ATTACH PURCHASING DEPT. Page 666 of 1106 QMH nth @'S raa wr0ara®ab,%Arm qnN cc,f rjn AT-r' 19,:9n 9lt4°y ?Ca AYN EEEMM- 2011 BFV PRATT WAREHOUSEBOYNTON BEACH, CITY OF Job I I Boynton Bch wrP 20" FV PRATT 222 NE 9TH AVENUE Bid Date:03/04/2019 1 BOYNTON BEACH,FL 33425 Bid 7 Sales Representative Core& Main Javier Rezakhani 561-472-4693 RivieraBeach,t 1 561-945-7267 tT)561-848-43 Javier. i c a i .c I i 3 20/2019-756 Actual moues may vary Paige I of 2 t® .eP e9vsRl�®P9@aa B@¢E9!leBpy@JlY� ® 4a ihJt J�gl h°! Jae@�@®id9 eappgFg¢@A lhi9tPdaJ@�h ®ilh0 /@@AYY�a®6lm4 `® A��Yp,d6a@`@ -Rage-667 of 1106 Ew-Yr-'-C;l BCh M.P 200'-0FV PPM ,20-204 9-7wt�Akfil Bid Proposal for Boynton Bch WTP 20" BFV PRATT BOYNTON BEACH,CITY OF Bid Date:03/04/2019 Core&Main Core&Main 873999 1101 W 17th St Riviera Beach,FL 33404 Phone.,561-848-4396 ®561-845-7267 Seq# Qty Description Units Price Ext Price /CH NWHEEL V' L 59B Al A GE I qTTE V -9. T EA 7,244.90 ?E1 ?,?44.90 _qNA E DL �Y T_O S� 6� �® R 04 RAR s MPT ITION INDICAT0211, --�!S406�' -gAI OPEN LEFT, — -i—' QrfqmN,oxiNf. MILS 'rObkY WTER]110616 T646 7-9 WEEKS ARO W/ UTGEAR bO 1 20"FLANGE 150B PLAIN STEM BEV �?096.941 LUNA Sw'—g—Bogy'Ll Dig, 304SS S"!�FVNYLATRON BEARINGS PAINT,8 MILS NSF EPDXY INT I 4--SWEEiS ARO L& Tax 0.00 1.84 Branch Terms: UNLESS OTHERWISE SPECIFIED HEREIN,PRICES QUOTED ARE VAUD IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BY CUSTOMER FOR MANUFACTURE WITHIN THIRTY(30)CALENDAR DAYS FROM THE DATE OF THIS QUOTAFION.CORE&MAIN UP RESERVES THE RIGHT TO INCREASE PRICES UPON THIRTY(30)CALENDAR DAYS'NOTICE TO ADDRESS FACTORS,INCLUDING BUT NOT LIMIITED 70.GOVERNMENT REGULATIONS,TARIFFS,TRANSPORTATION,FUEL AND RAW MATERIAL COSTS.DEUVERY WILL COMMENCE BASED UPON MANUFACTURER LEAD TIMES.ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFftCT11RER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/OR APPLICABLE STORAGE FEES.THIS BID PROPOSAL IS I . CONTINGENT UPON BUYER'S ACCEPrANCE OF SELLEWS TERMS AND CONDITIONS OF SALE,AS MODIFIED FROM TIME TO TIME,WHICH CAN BE FOUND ATbUpjjjLor-e2nd ain.S, - M .. omLLindU ge 2 of 2 ht4m:iin.comiapp-pagesm.lo7/printbldgbldld=873999&pringNdSWus-final&showAverageszl&sh*wBOWBodyConyroftopbI ae e tt8 Jf 1106 f � Ihiwes DEpa �- rbgellt 124 ffi r d Boynton BEach,Florida 33435 PhanE(561)74.2-6400 ` FAX:(561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES ITEMS REQUESTED: QUOTATIONS Replacement vaives for influent oftVENDOR rarner�i gain . a Core and Main a . ai aaani PHONE NUMBER: . , -r w NUMBER:PHONE f� m0 DATE:VENDOR #3: 3/78/19PERSON:CONTACT - QUOTE:PHONE NUMBER: . . ATTACH THE ABOVE QUOTATIONS TO REQUISMON AND SEND TO PURCHASING DEPT. Page 669 of 1106 FERGUSONFE!-RIVIERA BEACH WW#1208 Fe I I ve r To; WATERWORKS 7I STAT RD 8 roM Drew Petonick RIVIERA BEACH,FL 33404 [Omments: Phone:561-844-3222 Fax:561-MO-7001 20:57:59 MAR 13 2019 FE I-POMPANO BEACH, FL WW Page I of 1 #125 Price Quotation Phone:561-844-3222 :51 -701 0 Bid No: B398211 Cust Phone: 561-742-6317 Bid Date: 03113t1 9 Terms: NET 10TH P Quoted BY: DVP Customer: CITY OF BOYNTON BEACH Ship To, CITY OF BOYNTON BEACH ATTN FINANCE DEPT ATTN FINANCE DEPT PO BOX 310 PO BOX 310 100 E BOYON BEACH BLVD 100 E BOYNTON BEACH BLVD BOYNTON EACH, FL 33435 BOYNTON BEACH, FL 33435 Clust PO#: Job Name: Item Description ..................................................................................... Quantity Not Price Um T HGHF20 20 FLG BFV WffirnOX ............. ....................... PLAIN STEM 1 5785-000 EA 578...,00 HGHF20 20 FL G BFV W/EPDX 1 8202.000 EA 8202.00 4V OF CHAIN CHAINWHEEL Not Total: $13987,00 Tax. $0,00 Freight: $0.00 Total- $13987,00 Quoted Prices are based Upon receipt of the total quantity for immediate shipment(48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE.QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBEIMBENVBEISMALL BUSINESS REQUIREMENTS. Seller not responsible for delays,lack of product or increase of pricing due to causes beyond our control,and/or based upon Local, tea Federal laws governing type of products that can be sold or put into commerce. This Quote is oftred contingent upon the Buyer's acceptance of Seller's terms and oondfflons,which are incorporated by reference and found either following this document,or on the web at https:IANww.ferguson-corn/contenVwebsite-in fbfterms-of-sale Govt Buyers: All items are open market unless not otherwise. LEAD LAW WARNING:It is illegal to Install products that are not"lead e'in accordance with US Federal or other applicable law in potable water systemsentict led for human consumption.Products with*NP in the description are NOT lead free and can only be installed innon-potable applications,ruyer is solely responsible for product selection. Page 670 of 1106 -� QUOTE r r�FORTUNEciWfor ,sere of�e j ducts mctudetl m this quote shay be impacted by I WATERWORKS �y 'Section 301 List 3:the proposed China tariff.In the event that the i s � brand implemented, a will be rc to pass if on Pcr a market, a actual price t of these items may L increase up to the rate of the tariff that is imposed.** �®_a®®®®-_d_ ®d®_ ®®®-d®®--_®--_d®®® F t 3 ;3 35874 x.8/1 Pin9 CIS ( � sil'i1i3lCFi __ O 13OX 310 2 0+r BFV ACCOUNTS PAYABLEBOYNTON BEACH, FL 33425 o M 5,876.4700 5,876.47 NYLATRON I s PSI 0 II,S NSP �y y �iq 2011 g p }�p RIo { XT' IOR. LEAD TIME: 4-5 WEEKS 0 1 ,GPS 0 11 g 150B BUTTERFLY 8,352.9400 80352.94 VALVE, BUM SEAT, CI BODY, CI DISC,30488 SHAFT, NYLATRON BEARINGS, MDT-4S, POSITION INDICATOR, CHAINWHEEL, OPEN LEFT, 40 FEET of PAINT, 3 MILS NFS EPDXY INTERIOR/EXT OPER LM TIME 7®9 WEEKS Subtotal: 14,229.4 Taxa .00 Bid Total: 14,229.41 .4 �e 7 s � �r 3 da s fmr affi ° ( t wi 30 of qurr �d e u ect r�vi�w � e ins. Page 671 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT VICES DEPARTMENT 330' Quantum Blvd. Suite 101 P.O. , 190974 Y T AC , FLORIDAO. O31 33425-0310 DATE: 04/10/19 VENDOR 14283 SHIP TO: TO ZCO, 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 EQU1SIT[ON NO. 73594 ORDERING DEPARTMENT: JL/GM �W � DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 35000 . 00 DL DRAWING 5 1.0000 35000. 00 13 . REMOVE EXISTING ROOFING MATERIAL, REPAIR ROTTED ROOF DEQKING .A-S NECESSARY, RE-NAIL I]EOR17G: FURNISH A INSTALL PLY: MO�Ik'IE:D. ROOF SYSTEM, SEAL 'AM1 1,0OF. PENETRATION RFQ to.18 2511 18:/IX'. 'T ISK ORDER `F_i5u2019 RESO �'�T IION: R18- 104 .. 2 3000 . 00 DL DRAWING 5 1 O 0 0 0 3000. 00 I& REPAIR TRUSSES AS REQUIRED. 3 2500 . 00 pL ADDENDUM #1 .1 Q000 2500. 00 ; . : : REPAIR ALL .DECORATIVE FASCADE '..M::.NEEDEA-TO AGLOW FOR;.THE f'NSTALLATION OF NEW M `iAL PANELS A8: .:;NECESSARY..:., 4 5200 . 00 DL: DRAWING 5. : 1 0000 5200 . 00 I.S=a-.: REMOVE. AND :AE-PLACE EXISTING t.QFFIT: FURNISH AND j-NSTALL 1/2 rr PLYWOOD:, NEW 611 DIA SQFFIT VENTS EUEF�Y €6' O.C: PRIMk AND;<PAINT PLYWOOT;3.: �SOFFIT 5 3000 . 00 DL DR k-jgG 5- 1.0000 3000 00 15 `-A-13PLAM MI,5SING MET. PANELS AS NECRSSARY. 6 1000 . 00 DL DRAWING 5 1. 0000 1000. 00 18 . REMOVE DXISTING ,R07P. 'Y'OP UNIT FRAME IN ROOF OPENING TO ACCOMMODATE NEW ROOF SYSTEM. PROCl)8E 1ENT SERVICES: _..... --------- P _.............. mO. TOTAL L: ACCOUNT NO. PROTECT 303-4225-580.62-01 RP1901 PURCHASING Page 672 of 1106 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES 3301 Quantum BIvdd. Suite 101 P.O. #: 190974 P.O. BOBOYNTON BEACH, FLORIDA -031 DATE: 04/10/19 VENDOR 14283 SHIP TO: TO CO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 73594 ORDERING DEPARTMENT; JL/GM DA I_E NEEDED: MID NO: COMMISSION ISSION APPROVED: g. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 7 6960 . 00 DL DRAWING 8 1.0000 6960 . 00 26 . FURNISH AND INSTALL NEW 2'X2' DROP CEILING. 8 12000 . 00 DL DRAWING 9 1 .0000 12000. 00 28 . FURNISH D: INSTALL- 100'X�,00'�I;Q' 9GA C�iAIN. TW4 .SINGLE`` . CITES 9 47500 00 DL ORA WIN(y 9 1.0000 47500 . 00 ;2 „ 'TARNISH INSTALL5"X9:S' 15, .IIT AWNING ANDr. FAME 10 1143 .10 DL PERMIT FEES 10000 1143 .10 ;8§T-IMATED:.AT 2.,,3% OF TOTAL BID . MODIFYEXISTING ROLLING; GREEN SITE RFQ #018 - 2511-18/IT TASK >O.RDER F-15-2 019. PROCUREMENT SERiIOES:...... P.O. TOTAL: 1173 03.....10 ACCOUNT NO. PROJECT 303-4225-580 .62-01 RP1901 PURCHASING Page 673 of 1106 i OF � E VEST FOR TON BEACH , OVER. m z• -------------- Requesting Department: Contact Person: a r ArmInl-vam , -MsK OAA 30. Source for Purchase (check and attach backup materials): ours to EContract itten Quotations SA Statetract PRIDE/RESPECT SNAPS Sole Source Piggy-Back u ete Item Sta Purchase Other r. - — _ NOT E. Pacing proposal to purchase must be presented in the same detail contained agathin the contritct, Fund Sou r r — 302 epa t Head t Purchasing rpt t Asst City Manager t City r t eras gra � Page 674 of 1106 m m W a C) P4 Ei W 0 EA E) ami w z 6 0 H U C3 0 C� o z u ra 0 W 0 r H V4 m r74 ca z E4 C4 43 Z �> 0 0 H pH E4 H 04 5C W r ri H P4 M w < 0 H :*q Owl �3 E-4 N E4 WOl P4 H w n z Ix m z0 H pq W ul E-i DOIn F4 z U E'4 pe W C4 w H rh r ill i CS u Pe 0 P4 r u Eq EM qll� yr Z" z HO-di W 0 M wryer H 0 z 0 I i P4 H 0 H i 4 leer 134 H 0 04 . 0 W P4 I co OOB-Z�O 04 H H =w u w �14 M 0 Ln In HM 0 ril U)co do Page 675 of 1106 m m I I I rq li I I I LA co I I PO 0 0 0 0 0 C> 0 0 C) m 9 9 9 9 9 0 9 9 9 -! 1 000 0 0 0 C� 0 0 0 cq 0 0 0 0 0 0 60 0 D v 0 C) M N 0 0 M 0 m H to m N U) M H w N I- H 0 > r i > OP r4m I OCD 0 d0 0 0 0 0 a 0 0 H0 0 0 ; �-, D) 0 9 9 0 C� wo : 0 a C� C3 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 4 }-1 �I �A �I i 4 W Z P P 00 1 W u H m 0 0 C)o I Ch w z 0 0 0 00 0 4J 4J L� U 4J 4.) 4J 4J JJ MLn H 0 1-4 8 H 0 -1 -1 -ri -q -H - 9 0 H M m w m m m 0 m m C) C7 0 i r1 ri H 00 C) ri m H 0 F-r DI 1 0 H r-,A 1 W 0 W 0 w 0 0 Fa I H ID HmW P �4 �4 $4 P P P �4 0 P H 1 0 0 TD 0 0 rq 0 H I C4 m ca I U) IX 4i W M to bi to t3i bi ui bi 01 br, V V r. 04 0 r. 0 0 0 r: 0 0 U rA A-rq�4,4 rl r-f-I r-I -4 H-4 H-eq vA-ri W 0 H C)r-I 0 r-A 0 H 0�i 0 r-4 0 r-I 0 r-I 0 P-4 0 r-I z 0 H r24 10 01 r-q a%r-I 01 r-i Qi r-q M r-4 0)-4 M r-q M r Ch r-A 0%,q E� 01-1 0�A 0 r-I 0 1-1 0 14 0 H 0�4 0 rA 0 H 0 H 0 0 ocu >1 > Z IX N P4 N W P4 IX 04 W 04 W P4 IX M 0�N P4 N 0�f34 f4 H P4 H P C3 D4 Q� w V4 w F-4 fit x H D4 W in 4 F-I 9+ 0 0 : a IS, �D P Fr4 z �j r- PQ p W W 0 94 C9 N H CY 9 r 11 1:1 2 A M 14 E-1 O 0 20 w Hm 0 C3 ko LD P E-4 0 P P N H P p w z z z z z z z z z W M N O 8 E > 9 >MO M 0 O E > C4 P4 w Ix rd w 9 Ix a4 D4 P4 P4 M N M N 04 M H H H H H H H H W In W Q WVI m w m m w 0 m w 0 M u H WH zzzz zzzz azzzz HHHHHHHpHryqHHHHHHHHHHHH ril L-n f>x >W m I W (n M M 0 Ix w o 0 wz x M8 n8 HHHHHHHHHHHHHHHHHHHH 0 O:D 2 CH M OH H E�RH �4 I- C14 z P U r 0 H U H U N H u H 0 Pp OPO r-I mVJ H mm mom 1 0 0 0 0 0 0 0 0 0 0 t-3 104 I t4z m zz N N N N N H nz o z 00 N O O I w ie m w w w w w H UU H UU uu 0 0 0 0 0 0 0 0 0 0 z 3 E-A w m w w w w m m w w Al m Ul 0 pz��6 m m m Ln o m m m m m H W PH ".H A r4 H m In m to m m In m m m zH H I 0)U HO MH HO NASO " N N N N N N N N N 0 BN N N N N N N N N N E'l Hx OM FUMHX 04 M Q£ M:9 O" v -0 -w v -4' v 0 " ;v P 0 H Z fX4 •00 Z P Um m rn m m m m m m fn H A nd H U H 014 2 OU HHO 0 0 0 0 0 0 0 0 0 2 U0 M NE ni rq m m m m m m m m H 0 W ZPM H APOR t aD E-1 w MUM um WI: I Ol A no A N P4 (34 W I ra M P4 H W X w m o Page 676 of 1106 (h M I In co rA I C) 0 E-4 I M C) 0 0 0 0 0 0 0 M 0 E-1 UC� C� OC; C; OC� 1 0 0 0 0 0 0 %D (D 0 0 Ln N a 0 (A C) Ln rn rq Ln M I M Z E-4 E-0 I p O 0 a 0 0 0 0 M U HM I 0 0 0 0 0 a a 0 W z 0 I 0 0 0 0 0 0 0 0 In H L) 1 0 n OF 0 0 0 0 0 m N I r- C3 0 0 0 04 CQ 0 vq E 1 0 Z rG Hz �p H z >1-4 0 0 m xH 1 0 0 0 0 0 0 0 0 F-P P4 H p L 0 0 a 0 CD 0 0 C) E4 P4 x .. 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WO w .. .. .. .. W .. .. w H 4#H >'m >,-�07+Q u>4 Q W 0>4 m ca>4 m m T P4�4�H n D4�H Q V&>4 E-4 0 InOA HO 04HO M>HpO WHPO MH z H Mn IWOPO MH E40 0 E4i 209WO MMHHI UgHX MOM EP- HX OHX H ID4 x b�l HIXPQ nx WN Qx 014"ME OP4QE Oxon x a pi E� 0 H : HMMM4 C30BOO ZM 00 zrx%,00 zmoo zwzOo Rfloi 2 8 Ha R 104" 1 4 124 P4 rA H =m X u i�:m H EU Hplu HWHEU H lu HE to u P z WOEM E W�Owiu H� IQ H 0 M PU cgm O�D M m SUH �L"Aoo z um u Daum P w �(�RDQ r-4�'W'u m ��; WO 9-�Ow 9A" gk�um 0 P4 Q.-Iauw Q M r-I r4 w Q�A z OH W 0,-i nr-lo MN AN Di H �CG I ri N m T Ln LO r- co H Fq z Page 677 of 1106 RFq NQ 2611-lWfT -QUALIFICATION OF CONEPRAcTum Pon MINOR camsTRI.NORm SERVICES-MD REMON0122.1119 INIPELOVISTEd work - 2 [7!!";. D €IFFIGN PR'LY ATL LABOR, TE ,TOOLS,EQUI ENDMAR ARF,SOPPUIES ANO SUPE ION FOR THER ILDRIff FIREFAEAANO ENPEREOR DEMOLITK]N ANIS KU€ UT PER TWE,ATT ETF W1 .CONTRACP SHALd.€Ski Aldo INST ALL Pi ;TO INCLUDE T NOT LIMITED TO R%WINDOWS,WALL STLP�,ULA N,D N LINK PEA DDATES,AWNING WITH CTUM ROOFING R.MA IALS,ET.NTRACTOR IS RESPONSIBLE PORALL PERMIT FEES, ADDKNDI)M SIR 7MECMWUSUPKYDUM ERRO ON. _ JANET TOTAL TATA. 1. REMOVE ALL CONRIENTS OF BUILDING E5 la. REMOVE EXECTINa WALLS AND BATHROOM PAON. LS 2. REMOVE ELECTRICAL TOTHE HEARESTJUNCTION BOX AT COUNd HEIGHT Ll 3. REMOVE ISEIF fNGCIEUNEa IS GRAVEL NO 1(RECAL) i 4. RENKW EXISTINGTILE FLODRANDSMOGTH CONCREIRETOJUDOW FOR FUTURE FLOCIRING. LS DAMEREST 3 ITOTAI$ DRAWINIS 5.RESERVE EMSTUNDwALLUC THE Emps® A TILE,ETC. IS S,REMOVE EL€CTRICALTO'YHEM UTJUNCnOH BOX ATCHUNG HEMITE LS 7.REMOVE EXUONG STOREFRONT DOOR SYSTEM REPAIR WALL AS NEC ESSARYTO ACCOMMODATE NEW POOP. � FURNISH AND HiSTALL42'HOLLCAN METAL DOOR WITH 23"A31°GLASS PANEL DRAUSING31TUTAU'lt IT SAW-CUTANDREMOVE PORTION OF DRFONGB WALL,FRAME AS NECIUMARYTO ACCOMMODATE NEW MAGNETIC FURNISH AND INSTALL NEW NflNDCWRNL22SxS0A2S ARAB 2560 SERIES EMPACTSINGLE HUNG WHITE LS ALUMINUM WINDOWS.MAINTAIN HEADER OF EXISTING WIN M. 9.REMOVE GUSTING WINDOW,SAW-CUTAND REMOVE PORTION OF DUSTING BLOCK WALL,FRAME As NE TO ACCOMMODATE NEW WINDOW,WAGON AND INSTALL NEW MNOGW 03.125 x 50.625 AMP LS 2500 SERIES IMPA?S€NGLE HUNG VALUE ALUMINUM WINDOND,MAINTAIN HEADER OF EXISTING WINDOWS. 10-FRAME EXISTING OPENING TO ACCO SOMATE NEUVININDOW,FURNISH AND INSTALL NEW WENDOW(93.125x 511625AVAP2SOOSERIES IMPACTSINGLE HUNG WHITE ALUMINUM PREDATOR.GWNFAINHEADER OF EXISTING LS WIN 11.FURNISH AND INSTAUVERTWALWALL AND DAWALLABOVE CENTER 74 ROOF DEMAND IN$'P LTE ARNA IS 12,REPAIR COUNG IN STOREME AREA. IS DRAVANG Ll "J". 5 13. REMOVE EXISTING ROORNA MATERVU.RE.PAIRROTUD ROOF AROUND AS NECESSARY,RE-NAK XCKM. LS $ 3SAM.00S W"amoma FURNISH AND INSTALL WITH 3 PLY MOM&EEO MRAFAYSTEM,SEALALL ROMEPENETRATIONS. M4.FMPMR7RUSSES AS REQUIRED. 69 $ 3, .fesRAFFOREAL $ B,SCG,00 M AS .REPAIR ALL DECORATIVE FASCADE AS NEMMTO ALLOW FORTM I NEW METAL PANELS LS $ ZRAWAS S X, ASNECEMMY. 15.REPLACE HEARING METAL PANELS AS NEU35ARY LS $ .T, $ 6,3moo ADDENDUM E3IN"MINORCO AND REPLACE EX MIND SOFFIT FURROH AND INSTALL IM PLYWOOD, Ff6 LUNTSL3 .$ 6 $ 4, EVERY G'O.G RAE O STPL fi. SWM FURNISH PRI ERAND PAINT.PAINT ALL METAL ENABLE,„3HERWIN WILLIAMS,MATCH TINS). IS x7.REMOVE EXISTING ROOFTOP UNfr,FRAME AT.22'MWOUND OVER EXISTING CONTRA%OVER WITH PLYWOOD TO ACCOMMODATE NEW ROOF SYSTEM AND THE INSTALLATION OF A S TON ALLEN-ONE PACKAGE A/C iS It 1T1,REMOVE[HANDS ROOFTOP UNIT,FRAME IN ROOF OPENING TO MMC)DAVE NEW ROOF STSTEAL LS $ L.00 T,2 k.00 DRUNING 5(TOTAL(, . DRAVANG6 19.FURNISH ANDi ALL INDICOAVOUTDOOR CARPE7 MEDIUM GRADE. IS DRAWING 5(TOTAL) IF FD- N 7-Mn . 20.COVER ALL F I c PET(TTLE RTO INTERMIR ComsTEUMON. I IS 21.FLIpNW AND INSTALL NEW MEGA MINALSTUD WALLS FROM FLOORTO J30TTOM OF TRUSS,INSULATE WITH R- L5 13 INSULATOR 22,FURNISH AND I TALL ®DRYWALLPINING WITH KNOCKDOWN IS 3A FURNISH ANDD AL NEW 25GA METAL STUD WALL,5" VE FINISHED FLOOR,PNSULAm R-13 INSULATION. IS 25.FURNISH AND ALL INTERIOR DOOROPENINGS SHALL ACODLAMODATE A 36"DOOR. L9 25a,FURNISH AND INSTAU.INSULATION FOR CER#NG TRUSSES WITH R-12 INSULATIONi L5 DRAWING 7(TOTAL$ DRAWINGS 25.FURNISH AND INSTALL NEW ZAVDROP CEILING LS $ NWSPLDD $ 4, ,OIG LEONARD OEGTAIJ. 27.REMOVE NGCUR%FURNISH AND 06TALL U'ROCKAND ASPHALT 77- 2 FURNISH AND INSTALL IWXIWXIO96A CHAIN LINK HENCE WITH2 DOUBLE GAITS AND TWO SINGLE GATE& L3 $ LEGMAN S 14GOOLP 2G.BURNAM INSTALL 25 '.K1S'FnNYLAWSONN AND FRAME Is iT 47,5 L.03 $ 5S. 000 30,FURNISH INSTALL NEW S'W IDE 4'THICK MARSALA L5 EXPAWINGS TUT" GRANDYOUPSREpFACE' $ 11411, 5 131,10ILIES DIRECT FEES B '—ted BE 2,3%of10IxISN y - T 1PIKE IFormit Fes S 11'7 ,1q $ 132,42LOO TAe tFrks $ x17,203.1+1 3 132A11. 'XEM C—tin6xncy S 11,734,31 $ 13,241.10 READ PH. $ x39, 5,91 S 145,65230 Page 678 of 1106 REQUEST FOR OFFICE ASSISTANCE F R 0 M: Date: 4141)1? PRIORITY DATE NEEDED BY. 0 Request for 121/Direct Pay Reg.for the attached -Vendor or Person to be reimbursed. Account Number: Project No.: Request for Requisition -Vendor: f7—ae Account r (P Project No.: EP 19 01 List Items w/Quantitles & Unit Costs on the back of this request. E3 Verbal Quotes($500 to $1,999): Vendor: Cost:— Date: Person Spoke With- Phone Number: Vendor: Cost:— Date: Person Spoke With: — Phone Number:, ----------- Vendor: Cost: Date: Person Spoke With: Phone Number: El Written Quotes($2,000 to$9,9919.99)—Attached. El Written Quotes($10,000 to $24,999)w/Purchases over$10,000 Form—Attached. El Bid/City(Over$25,000): Bid#— El B id/Othe r Entity(Over$25,000): Bid#, Bid Eff. Dates, & Bid Quotes—Attached El File As: [I OTHER: Special Instructions: 74�_z Date leted mp Request cc b ompleted: r Please sign a etu his fo, m to the Office Stafrs Inbox; feel free to make any comments below. Page 679 of 1106 I BEACH,RESOLUTION NO. RIS-104 A RESOLUTION OF THE CITY OF BOYNTON FLORIDA, APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AGREEMENTS WITH THE 6 FOUR (4) TOP RANKED PROPOSERS TO ESTABLISH A LIST 71 OF PRE-QUALIFIED OF VENDORS FOR MINOR '' 8 CONSTRUCTIONS SERVICES AND AUTHORIZE THE CITY ',% MANAGER TO AWARD INDIVIDUAL PROJECTS NOT 1 ! AND PROVIDING AN EFFECTM DATE. 12 1 ,on June 18,2018 Citystaff openedated eight(8)submittals `14 in response to RFQ No. 018-2511-18/IT "Pre-Qualification of Contractors for Minor 15 Construction Services"; and 16 WHEREAS, the RFQ was issued with the intent of establishing a pre-qualified 121 , list of vendors to perform minor construction service projects which may include building, 1 repairs, upgrades and improvements as may be necessary within the City; and 19 WHEREAS, the City Commission .of the City of Boynton Beach upon 0 i,ecotnrnendailon of staff, deeins it to be in the best interest of the citizens and tc,i 1 approve the ranking and auflhoil?e dic City Manager to sigh AgrtaenienG� w1th the 1bur(4) 2 top ranked proposers for RFQ No. 018-2511-18/IT for"'Pre-Qualification of Contractors 23 for Minor Constructions Services." 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION ,25 OF T14E CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section1. The foregoing"Whereas" clauses are hereby ratified and cofifirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section The City Commission of the City of Boynton Beach, Florida, , 0 hereby approves the ranking riz s the City Manager to sign Agreements with the i":lUserslstanzic+ne nAppDatsU.ocallMicrosoRlWindo%s%Temporary Leternet Filcs\Content.[ESL12FYrEOE\Approve,Panking_and_Agreement_with_4_Nlinor_Constructimi—Servims__Rcso.docx Page 680 of 11 d6 31 four (4) toP .ranked Proposers for RFQ No. 018-2511-18/IT for "Pre-Qualification of 32 Contractors for Minor Constructions Services," copies of each Agreement is attached 33 hereto and incorporated herein. 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this 1 "day0f_t914014L��n01& 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Steven B. Grant 40 41 Vice Mayor—Christina L. Romelus 42 43 Commissioner—MaccCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Joe Caselle 411 49 VOTE 50 ATTEST: 51 52 53 54 Judi A. Pyle, CMC X 56 CiJerk 56 51 58 (Corporate Seal) C:kUserslStanzioneTlAppDatoi\Local\MicrosoftkWindows',Temporary Internet FileskContent.IE5152FYTEOE\ApprcvveLRanking--and—Agreement—with-4—minor—Construction—Servim---Rcso.docx Page 681 of 11106 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSUTRUC71ON SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City 'n to as City', n , INC., hereinafterr ", In consideration of the mutual benefits, terms, and conditionshereinafter . 1. PROJECT DESIGNATION. r is retainedthe City to perform minor servicesconstruabon in connectionI CONTRACTORS FOR MINOR CONSTRUCTION SERVICES; 2. SCOPE OF SERVICES/PROCESS. i rapplies minor constructionjects, which aretin less than $185,000. Theseminor construction projectsI be initiated i f a solicitation, r task order and shall be advertised to II pre-qualified Contractors. No projectunder this contract shall require bid, r performance bonds unlessspecifically ti in the solicitation, r task order. Projects II commence onlyupon issuance of a valid u r by the Finance Department li work may be assigned at the City's discretion per the scope of the RF , and shall be based u r competitive proposal submittal. The CONTRACTOR shall be required to respond to eachadvertisement u r by offer or response of` ." If the CONTRACTOR falls to moren t consecutive requests, the firm shall be removed from the program, n Il subsequent bidding opportunitiesn r this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall ownmence notice y the Cityto the CONTRACTOR to proceed.CONTRACTOR shall perform all services and provide all work product requiredu i notice 4. TERM:This Agreement shall commence upon Commissionapproval and shall be validr an initial f one(1)year. The City of Boyntonnwith the same terms and conditions for three (3) aiti n 1, r renewal terms subjectvendor satisfactoryt i n that renewal will be in the best interest of the City. __l.,the CIMs Etg_uest, the Firm shall &ces,,,,,hffond the _ 1 I 2x _29him-10— knallon1g)Shall not exceed a,,jax-month 5PAYMENT: The City •lt pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completedin accordancewith li ' tin , or task orders at the lump sum or unit prices presentednaccepted by the City. a. Payment fbr the work provided by CONTRACTOR shall be made promptly on all invoices submittedr , provided that the total amount of paymentt CONTRACTOR ll not exceed the total contract pricet express written modificationof the Agreementigned by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month duringprogress of the work for partial payment for project completed to date. Such invoices 'li be reviewed by the City, n approval thereof, It be made to the CONTRACTOR in the amount approved. Page 682 of 1106 c. Final payment of any balance duethe CONTRACTORof the total contract price ill be made promptlyo its awartsinment and verificationr the completion of the work under this Agreementn n the City. d. Payment as provided in this section by the Cityll be full compensation for work performed, services rendered and for all materials, supplies, equipmentn incidentals necessary to complete the work. CONTRACTOR'Se. The nd accounts pertainingto thisagreement to be kept available for inspection n i of ther ) afteryears the termination of the Agreement, Copies shall be made availablen request. OWNERSHIPI documents, drawings, specifications other materials produced by the Firmin connectionwith n r this Agreement shall be the property of the Cityr the projectfor which they are made i executed or not. The Firmshall be permitted to retain copies, including ' copies, of drawings and specifications for information, reference anduse in connection with Firm's endeavors. 7. COMPLIANCE WITHshall, in performing the services contemplated by this Agreement faithfully observe and comply with all federal, state and local laws. ordinances ul that are applicableto the services to be rendered r this agreement. 8. INDEMNIFICATION. CONTRACTOR sh ll indemnify, nd hold harmless i , its t� offloes, agent,,and ,from and against any and all claims, ss s or liability, or any portion thereof, including risin injury or death to persons, including injuries, sickness, r s or death to CONTRACTOR's own employees, or damage to occasionedproperty I` nt act. omissionr failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughoutthe ti of this contract comprehensivegeneral liability insurance with a minimumo $1,000,000 pero n 1, r personalijury;and$1,000,000r occurrencelaggragate for properlyY liability n in the amount of$1,D00,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits, insurance, andh' l r liability Insurance. Said general liability lic shall name the Citynt n "additional insured" n II include a provision prohibiting cancellation of said policyn thirty ( ) days priori v u!red by this section shall be deliveredo the City 'thin fifteen (1 )days of execution of this agreement. Professional Liability (Errors & Omissions) Ins Professional Liability Insurance the limits of liability y such policyfor each claimn ibasis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with limit f no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceedn percent(110%)of the limit of liability. Consultant II notify the CAty in writing within thirty ( ) days of any claim filed or made againstits Professional Liability Insurance Policy. Consultantacknowledges t the i is relying on the n ns nt projectto design the to meet its functional intent. If it is determinedduring construction of the projectchanges u t be made dueto Consultent7s negligent l i , Consultant shall promptly rectify them at no cost to City and shall be responsibler additional If any, of the projectto the proportional extent causedsuch negligent rro r Page 683 of 1106 omissions 10. I . The CONTRACTOR and the Cityr t the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this i in thisn ll be considered to create the relationship employer andI nor any employeell be entitledto any benefits accorded { emrloyees by virtue of the services provided under this agreement. The City shall not be respunsible for withholding r otherwise deductingIncome tax or social security or for contributing statethe industrial insurance ram, otherwise assumingI with respect to CONTRACTOR, r any employee . 11 COVENANT AGAINSTI . The CONTRACTOR warrantsnot employedr retained any companyr person, other than a bona fide employeein for the CONTRACTOR, to solicit or secure thist he has not paid or agreed to pay any company or person, other than a bona fide employeein l l r the ny fee, commission, percentage, brokerage fee, gifts, or any other considerationr resulting from the award or making of this contracL For breach orvilti this i hll have the right to annul this withoutliability r, in Its i s tion to deductthe contractprice i r otherwiser, the full amount of such fee, commission, percentage, brokerage fee, gift, r contingent fee. 'f . DISCRIMINATION PROHIBITED. to the work performed by it under this agreement, Will not discriminaten I r, national In, religion, creed, age, sex or the presence of any physical or sensory handicapin the selection and retention of employeesf materials or supplies. 13. ASSIGNMENT. h II not sublet or assign any oftservices covered y this Agreement without the express written consentthe City. 14. NON-WAIVER. Waiver by the ` i n of thisr any time limitation providedfor in i t shalln i t of any other provision. 15. TERMINATION. a. The City reserves the right i i Agreement time y giving ten (1 n notice b. In the eventf the death of a member, partner or officer of the CONTRACTOR, or any f its supervisoryl assigned to the project, the survivingof the herebyCONTRACTOR agree to completeunder the terms of this Agreement, if requested to do so by the City. Thisi II not be a bar to renegotiations of this Agreement between surviving the n , if the Cityo chooses. DISPUTES.16, i u s that arise between the parties with respect to the performancef this Agreement,which cannot be resolvedh negotiations,shall be submitted of competentjurisdiction in PalmCounty, Florida. This Agreement shall be construed under Florida Low. Page 684 of 1106 17. NOTICES. Noticesi II be sent to the fbilowing Lod ® City Manager City 1 Boynton Beach, 'l Notices to CONTRACTOR II be sent to the following . I-ANZCO, I 9 . INTEGRATED AGREEMENT. Thisagreement, together 't attachments r , represents tentireii supersedes II prior negotiations, representatlons, or agreements written or c. I. This agreement T y be amendedonly instrument signed n CONTRAC19. PUBLICI n received the CityIn response to an invitation exempt from public icl until ti ( )days after the opening i unless the City announcesintent to award sooner, in accordance with Florida11 . 7. The City is publicn subject to Chapter 119, Floridaor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintainpublic ired by the CITY to perform the service; B. Upon request ftm the I custodian u I' , provide the CITYwith s copy of the requested records r allow the records to be Inspected or copied within reasonable time t a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise providedlaw; C. Ensure t public records that t or that are confidential and exempt from public record disclosurerequirements i t as authorizedlaw for the duration of the contract term and,following completionor shall destroy all copies of such confidential and exempt records remainingin its possession once the Contractor transfers the records in its possession to the VTY; and DUpon tion of the contract, r shall transfer t I t no cost to the CITY, I public records in Contractor'spossession All records stored electronically by Contractor must be providedo the CITY, upon requestr I custodian public records, in a format that Is compatiblewith the information technology systems of CITY,the Page 685 of 1106 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER I FLORIDA TO THE ! STATUES, CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATINGIO T HIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BEACH,BOYNTON 33435 FLORIDA, 561-742-6061 THE REMAINDER OF THE PAGE IS Page 686 of 1106 DATED this day of 20 CITY OF BOYNTON BEACH 4AfZCO Lori &Ieigrrr-!�ere, iMyMan�ager C — RACTOR AftestfAuthenticated: TIVe A ,u,o4 (Corporate Seal) Judy e, ClArk Approved as to Form- Aftest/Authenficated: 2 Jam A. Cherof, ity 6 Page 687 of 1106 6.E. CONSENTAGENDA 3/19/2019 COMMISSIONCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 11 REQUESTEDCTI COMMISSION: Approve revisions to and addition of a project(s)to the Fiscal Year 18-19 approved surtax projects. EXPLANATION OF REQUEST. The City Commission approved a list of projects for FY 18119 to be paid Wth Government Su funds in September 2018. In accordance with the City's Resolution R16-071, which is an Interlocal agreement with PBC and Palm Beach County Schools pertaining to shared distributton and use of the surtax funds the project list that the Commission adopted can be revised by the governing board. The City of Boynton Beach Capital Improvement Plan is largely funded by taxpayer approved sales tax funds (Surtax). Each community must account for the use of these funds to ensure their use is consistent with law and the intent of the voters. Each quarter the city wig be providing a global update on the status of projects funded with Surtax revenues. However, on a much smaller scale it is recognized that some projects were missed during the initial inspection of the City facilities. Therefore, it is necessary to add projects as they occur during the fiscal year. These additions are to ensure consistency of review by the City Comnussion and the City's Citizen Surtax Oversight Committee. To that end, staff wiV be providing additional project requests throughout the course of the year. In fact, these adjustments may occur on each future Commission meeting, Attached please find additional projects with preliminary budget dollars.All additional projects will be funded by making budget adjustments with existing Surtax dollar projects. Some approved projects were done with in-house staff so the budgeted amounts are not needed, a project for replacement flooring was delayed due to determination that the floor did not need replacing this fiscal year, a project to replace a door at the warehouse was accomplished by repairing the door in lieu of replacing it, and a project for Public Works Compound-Planning&Design was only able to expend funds for conceptual design in this fiscal year. These outcomes have made$130,000 available in project funds in FY18/19. There is a need for anew project for Rolling Green Site improvements for$130,000. This project will modify the existing structure and area at Rolling Green to relocate Forestry and Grounds to the site. Based the overall savings and the estimated budget for the new project there is no need for a budget amendment rather adjustments to currently approved projects and the addition of one project in the FY 18/19 budget HOW WILL THISI I ? Facility niaintenancemrkiscrificalto keep, restore or improve every part of a Facility/Building to a currently acceptable standard. FISCAL IMPACT- Budgeted The project budget adjustments merelyrecognize c l costs on a project Page 105 of 701 Page 688 of 1106 leveI. The entire Surtax Capital Budget Will always be neutral unless changed through a formal budget amendment process. ALTERNATIVES: one STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION., Is this a grant? No Grant Amount: ATTACHMENTS: Type Description a Amendment Cl P Amendment-Rolling Green Page 106 of 701 Page 689 of 1106 o 0 0 0 0 o 0 .0 o 0 m Gi c> ® ® ® a410 ® o a 06' 06 m m 7S a m m y VH 3 ,� � z us «9 0 00 0 0 0 v 0 0 o g o oAn C o 0 ® O o 0 ZX C 6 06 - 00 .b a o ® O 3 Q in. 4A Ine to c w ° 4-1 aui C eas � • ry w O W41 SEEMSH Ui � � u D � ® L r b � G L Q u � u Q m I bC w C 00 ® � C O d -� C •C Oi 4. •O O 4-0 MEM- b b d ® O k CL 4 pp ® a CL ul = e 4 e" a' •LL. G O 4�i L b CL 0 C y pp �Oi O tm u O ® tm .O u �- O , ;- D O ®e U i •Q U" ro m _A ,w •x a�-e 41 b V Oi b L O =y O C t d = O ,d®, � U 3 U $ i C9 'o �. CL Fu ++ � 4 � b C ® � •D °O � °o � Q O O ® a 4 ti T 4 2 Q 2 a a a � 3 ® N n aIq- rml Z Fto e-i 00 r-1 r 4 V-1CL CL CL d 00 Do 00 OD •d 01 0 a d d L CD Page 690 of 1106 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT VICE EPA T T 3301 Quantum Blvd. Suite 101 P.O 190982 BOYNTON P.O. , FLOBOX RIDA 33425-0310 DATi: 04/12/19 VENDOR 10347 IP TO: TO: CINTAS CORPORATION #283 City of Boynton Beach 2401 VISTA PARKWAY PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33411 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 73484 ORDERING DEPARTMENT: FAC/Gtr/ {� DATE NEEDED: DID N0: TCO-MMISSIONAPPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 700.00 SFT FIRE HOUSE #2 CARPETS .1400 98.00 Piggyback US Communities - Prince Wi11iam County Public School0, - qt R-BB-1900.2: 2 2120. 00 SFT FIRE.;A01-5Z"422' I,$ ROU .: 1.1000 2332 .00 3 370 . 00 SFT FIRE]::H0U 3::4 RUaBER FLOOD'G M .4700 173 . 90 -SANITIZE> :. ` :'>':s'€:,:.>.2000 600. 00 4 3000 . 00 SFT, . '' A :'I3S E°:'## 'FIXTfR .E.S 5 50. 00 DL HOUSE #2 TR-CK`S.ETiF` 000 50. 00 : . . . . . 6 10B5. 00 SF"T 'IE, HOU>S� #3 CRpET. 140.0 151. 90 ;;.. 7 2420. 00 S `T ` RE HOUSE #3 `ILE :& OUT = 1fl 0 2662 .00 8 4780 . )0 S ` ' RE HOUSE #3 ,?CT �STRTP & WAX . x AO. 4302 . 00 9 245 . 00 SFS' FARE HOUSE ` 3 RUBBER4 74 0 115. 15 10 4000.00 SF'T 'TRE HOUSE #3 FzXTURES-SANITIZE &. .20 500.00 I7YBII�FECT . 1 50 . 00 DL 'ZR HQUE #3 TRUCK SETUP 1 40'00 50. 00 12 695. 00 SFT >t tE `HGV. #4 CARPET ,1400 97.30 13 2375. 00 SFT FTR ... flUSF 4.:TILE & GROUT -: 1.1000 2612 .50 14 340. 00 SFT FIRE H3U5E 4 YUSBER.:1♦`Ii GYC .4700 159. 80 15 3000 . 00 SFT FIRE HOLYSE,„:# F 'ZES;= ` E.` & .2QDD 600. 00 DISINFECT'. . 16 50 . 00 DL FIRE HOUSE #4 TRUCK SETUP 1.0000 50.00 17 12000. 00 SFT FIRE HOUSE #5 CARPET .1400 1680. 00 PROCUREMENT SLRVIOES: 9p- -FP.0. TOTAL: V-,- ACCOUNT NO. PROJECT 001-2511--519.49-17 PURCHASINGPage 691 of 1106 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT VI S DEPARTMENT 3301 Quantum Blvd. it 101 ,0, #; 190982 BOYNTON O. X310 BEACH, FLORIDA 33425-0310DATE: 04/12/19 VENDOR 10347 SHIP TO: TO: CINTAS CORPORATION #283 City of Boynton Beach 2401 VISTA PARKWAY PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33411 222 N.E. 9TH AVENUE BOY ON BEACH, FL 33435 REQUISITION NO, 73434 ORDERING DEPARTMENT: FAC/GM/SxB DATENEEDED- BID PCO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 18 4220.00 SFT FIRE HOUSE #5 TILE & GROUT 1.1000 4642. 00 19 5000 . 00 SFT FIRE HOUSE. .$ v -T,. TRIin? `& 9000 4500.00 20 270 . 00 SFT FIRE HOUSE RT BEl . AOR G t .4700 126.90 21 5000 . 00 SFT FIRE,.HOU >J #5 'IXTUR STI'1'I2E &. .2000 1000.00 DZSINF-ECT, 22 50.00 DL FIRE IJSE #5 TRUC . SETUP 1.;OODO 50.00 23 5.60-DL: RR HaU #2: CAEi`S U1OOUNT ,0000 .60- 24 954.00-D E .HOUSE 42 TI.4E & Ggottt 000.0 954.00- 25 17 .3 9 DTA:. E.'HOU'SE, #.2 :P UBBER FLOOR GYM [X30 0 17.39- 26 5.60 A F2E HOUSE #3 PET III.SCOUNZ 0. 5.60- 27 954.00 DL: FIRE HOUSE #3 'I`IL11 &.GROUT 0 09. 954, 00- I 28 430 . 0 DL.:::: .. E HOUSE ##3 VCT ;STRIP &-. 'WAX. 0 430.20- 37> OOUNT. : . 29 17.39-DL F, RE MOUSE #3- RUBBER FLOOD . . . 1000 77.39- 30 5. 60-DL 1� ARE IIOf S�. 4 CARPET I7SCQCJNT 1.0000 .60- 31 954 . 00 DL FIRE DI S C7USE $4 T`3l,$ SF,:GRQUT 1.0000 954. 00- COUtT 32 17.39- L FIRE HOUSEU�HER i~LQOR 2.0000 17.39- DISCOUNT :. .. ; . ..:_..:. ...:.:.:.. 33 5.60-DL FIRE HOUSE #5 CARPET DISCOUNT 1.0000 5.60- 34 954.00-DL FIRE HOUSE #5 TILE & GROUT 1.0000 954. 00- DISCOUNT PROCUREMENT SEIVICE6: .0. TOTAL: ACCOUNT NO. PROJECT 001-2511-519.49-17 PURCHASING Page 692 of 1106 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT VI EPA T E T 3301 Quantum Blvd. Suite 101 X 31 P.O. 190982 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/12/19 VENDOR 10347 SHIP TO: TO: CINTS CORPORATION #283 City of Boynton Beach 2401 VISTA PARKWAY PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33411 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 73484 ORDERING DEPA T TENT. FAC/GM/SKB DATE NEEDED: €SIO NO: COMMISSION ISSION APPRO "EM EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 35 430 .20-DL FIRE HOUSE #5 VCT STRIP & WAX 1.0000 430 .20- DISCOUNT 36 17.39-DL FIRE HOUSE-_:#." F2IBBEIt, bdR G 1,0000 17.39- DISCOUNT 7. 9-DISCOUNT .. : �3 `HI LE & SANI 'I ZE -FIRE Stt'ATION� �x 3 x� & 5 US CO ; UNITiE . ��3XTRACT. #�.,�3�.,, ���002 PROCUREMENT SERVICES: R0. TOTAL: 22085.09 ACCOUNT NO. PROJECT 001-2511-519.49-17 PURCHASING Page 693 of 1106 CITY OF BOYNTON BEACH REQUEST FOR PUP-CHASE OVER $10.0oo t ExplanationRequesting Department: 04 Contact Person:, 4z--.. A—�Wi—A&m4z r ° Source for Purchase (check and attach backup materials): 'three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole urce Piggy-Back BudgetedItem Emergency crcha ter NOTE: Pricing proposal for purchase mus!be presented in the same detail contained within the contract. ° Department Head Date Purchasing Agent Date Asst CityManager City Manager Date — i r Form eia 02101/02 Page 694 of 1106 cl) M H' 14 rq LO CQ OV r-- m �v o r- m q r- 0 V 0 LO Ln H Ln rq H LO I-q Ln m H OD a% m lw OF rq >4 0 rA n r4 W I Izl� LO 0a 0 0 0 0 0 0 0 0 0 0 OMD QZ[/]I 19 (D oC! 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PH : 9 9 9 H P4 M CX E-i I 0 d 0 0 0 Ln a 0 Ln 0 0 1n M 4.a 01 0 r- 0 Ln w N 00 0 Ln a% H '21 (n 0 0 r, N 0 N m H N144 CR 04 P4 M a tl N M W > 0 M CQ 0 4J �D 0 r M U ul ix rr4 CWw —i C14 H A 0 0 a] M M w ul M M m 0) 1 0 M M to H M CA ril M H M m M H(n 14 M N Q M N W Q M w W al A� boa M Di V)pi Ula M D� M 04 ril V4 M to C4 M r4 En V4 M P4 00N w Cw w N 14 w m M N w N W N M p UMN Ls W C4 w N M N 0 U Lz U.3 U Q1 U LZ r)0 u's U lj� U LS F4 U LS U Is U Iz U tl�l OMH "� 1� H� I�H WO H� -ri � :>� > r> N> > 0 > �4 M 04 N ww �-q r4 w H 94 w W w f>X M mixw pg� H=4 P>4 w w N mp M CNE-4 pmp NEI WP WP 9MP WNP PWP WH is7H V M Ul M M ul to H m M M W V)M MM MM Imm Hmm rA ril M M E-' (ldj 0 4�; 104 P4 w w 'x rWyy pj 8:2,4 H 8"'� �,l S P M> 0 (1)V OW N 1l 0 M ' ON POW OW WOW NOW 40M 1 8 M REM 0 .-A ONM mwM rT4 M M M M M M W M M M 43 0 U r4 0 P H 'No 'No OR 'sh R 0 XNO VW4 T.D H N z 14NZ � z w z NNW owm H M�M'4 MN'�'Zn ID�Rm 'mm,MR z M ril P4 �J 4H WOH MOH p4H U�l H la,�q H WgH t4 H WI-1H POH UI-7W ap�H -1 P4 pq U Ix U U m HU P�u U HU U� OUR NU U m D4 04 �0 'M P ril r4MW NMW HM mw PWW >MW C4 M NMW HMW 6 l U W H 1-1 H,4 H,4 H,4 H,4 H�j HA H P-1 H0 H k4 H17 HO r-i X U E u 2: :E ' U U zu EU 2 U ,EU ,zu M xU M zu W zu 0 =mm 0 =,, u ft 4t m0 .. .. .. .. .. .. .. .. -W.. .. .. _ u.. .. H 4�HQ M DH Q N>i 0 W>i J�j W tm M M�-4 M W>4 M W>i M W>4 n M>i Q M>i r2l W>q n H �-�4 U EA 0 rj)P 0 2po COP 0 M P 0 Mpo WHO P 0 MPO WHO P0 MP E-1 I OMHX OHX H rDHJ tDHE �DHX �DHZ 2 H 0H �)HX M rD H H U 124 : 00UME OnX on on OnX 0nX 0PZ OPE 0QF OME on onx P 0 H �O 00 woo woo Woo woo woo moo moo moo zoo :400 moo H 4 W 1 9.9 U X u :9 U EU zu xu NEU NEU mu zu NEU � WH WH NEU M m M x w2m 0 03 D4.=0 W0 w0 9H 2400 CM4 XO e rM4 6 0 14 6�MD w 0 t:) rX0 fx 0�D IM P W HHOUM HUM HUM HUM HUM HUM HUM HUM HUM HUM HUM HUM P I rT4 P4 04 N r14 N D4 W r14 N r-4 D4 N N Pd H M w z w I ri N fn 'v tn LD r- co 01 0 H M H Fa I Page 699 of 1106 REQUEST FOR OFFICE ASSISTANCE PRIORITY I DATE NEEDED BY: 0 Request for 121/Direct Pay Reg.for the attached -Vendor or Person to be reimbursed: Account Number: Project No.: JV Request for Requisition -Vendor: lAtI,4'S Account Number: '00/ - 2-S-11 -- S7 1 -7 Project No.: List Items w/Quantities& Unit Costs on the back of this request. E3 Verbal Quotes($500 to$1,999): Vendor- Cost:— Date- Person Spoke With: Phone Number: Vendor: Cost:— Date: Person Spoke With: Phone Number Vendor: Cost:— Date, Person Spoke With, Phone Number- EI Written Quotes($2,000 to$9,999.99)-Attached. 13 Written Quotes($10,000 to$24,999)w/Pu rchases over$10,000 Form-Attached. 13 Bid/City(Over$25,000): Bid#_ El Bid/Other Entity(Over$25,000): Bid Bid Eff. Dates, & Bid Quotes-Attached. File As. OTHER: Special Instructions, >4 Request completed by: Date completed: 31zzh o the Office Staffs Inbox-, I Please sign and return this o the Staffs Inbox; feel free to make any comments below. ---------------------- --——-------------------------- ------------------------ Page 700 of 1106 C I[irk Corporate Code 60717 Agreement No Customer No TILE AND CARPET CLEANING SERVICE AGREEMENT Date 3/19/2019 Customer_City of Boynton Beach Fire Houses—Phone: 561-742-5200 Address-222 NE 9th Ave. City. Boynton Beach State FL Zip 33435_ The customer,its successors and assigns("Customer")orders from CINTAS CORPORATION or any of its subsidiaries,successors and assigns ('Company")all of the Customer's requirements for facility cleaning services during the term of this agreement,in accordance with all of the pricing,terms and conditions contained within this agreement.Our pricing is based on a billing cycle depending on the service frequency that the Customer has agreed to below. Number of Cleanings(Minimum 2 Visits) > w 0 Z10 > 0 M r- Descri tion of service Rate for area Charge sit Fire House#2 Car et 700 $0.140 98.00 Carpet(Discount) 700 ($0.008) (5.60) Tile&Grout 2120 $1.100 2,332.00, Tile&Grout(Discount) 2 (954.00)120 ($0,450) Rubber Floor-Gym 370 $0.470 173.90. Rubber Floor-Gym(Discount)any item not included on the price sheet shall be priced at 10%off national voluntary book pricing(or 20%off local book pricing where national book pricing is not eL. 370 ($0.047)1 1 1 1 1 1 1 (17.39) Restroom Clean is Ultra Clean 3,000 $0200 600.00 Truck Setup 50.00 Contract Price 3,253.90, Discount Price (976.99) Fire House#3 Carpet 1,085 $0140 151.90 Car et Discoun 7DD ILDS) (5.60), )-0 Tile&Grout 2,420 1.100 �1 2,662.00 Tile&Grout(Discount) 2 00-14 95111) . . . . (954°00) triEj2ya(4 Coats) 4,780 $0.900 4,301D0 VCT Strip&Wa!2coats)[EH2HLt 4,780 (430.20) Rubber Floor-Stora a 245 OA70 115,15 Rubber Floor-Storage(Discount)any item not included on the price sheet shall be priced at 10%off national voluntary book pricing(or 10%off local book pricing where national book pricing is not AunlinhIpl- 370 ($0247) (17.39) Restroom Cleaning-Sanis Ultra Clean 4,000 $0.200 Boom Truck Setup 50.00 Contract Price 8,081-05 Discount Price (1,407.19) Page 701 of 1106 Pro i psi Fire House Car et 695 $0.140 97.30 Carpet(Dlscou!!t700 ($0.008) (5°60) The&Grout 2,375 $1.100 2.612.50 `rile&Grout(Discount) 2120 ($0.450) (954.00 Rubber Floor-Gym 340 $0.470 159.80 Rubber Floor-Gym(Discount)any item not included on the price sheet shall be priced at 10 off national voluntary book pricing(or 10 off local book pricing where national book pricing is not 370 06tt47j 17.39) Restroom Cleaning-San's Ultra Clean 3,000 $0.200 SOMOD Truck Setup 50. Contract Price 3,519.60 Discount Price (976.99) dsahPrld a. Fire House P Carpet 12,000 $0.14O.F 1 1,680-00 9rpet(Discount) 700 {$0.003 {5.60 Tile&grout 4,22.0 $1.100 4,642.00 The&Grout Discount 2120 $0.450) 954,00) VCT Strip ax 5,000 $0.9004,500.00 VCT Strip ax(4 coats Discount 4,7 ($0.090) (430 20 Rubber Floor-Gym 270 $0.470 126.90 Rubber Floor-Gym(Miscount)any item not included on the price sheet shall be priced at 109'off national voluntary book pricing(or 10%off local book pricing where national book pricing is not 370 ($0.047) (17.39 Restroom Cleaning-Sanls Ultra Clean 5,000 $0.200 1,000. oo- Truck Setup 50' Contract Price 11,998.90 Discount Price (1,407A9) Pro wo Price a 4 bantract Price 26,853.45 p5iscou it Price (4,768.36 Grand Total 22, Company agrees to extend the same terms,covenants agreed to under the Master Agreement Prince Williams County Public Schools R-BS- 19002 to other government agencies("Participating Public Agencies")that,in their discretion,desire to acces's the Master Agreement in accordance with all terms and conditions contained herein or attached hereto.Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating to length of agreement,ordering,delivery,inspection,acceptance,invoicing,and payment for products and services in accordance with the terms and conditions of the Master Agreement.The length of this rental agreement will commence with the actual performance of service,not with the start date of the master agreement.Any disputes between a Participating Public Agency and Supplier will be resolved directly between them in accordance with and governed by the laws of the State in which the Participating Public Agency exists. Master Agreement available at .uscomunies.or This agreement is effective as of the date of first cleaning for a term of 12 months.After the initial term of the agreement,the agreement will continue until the Customer notifies Company at least 90 days prior to their desire to discontinue the service by registered letter to the Company's General Manager.Customer is responsible for any unpaid charges prior to termination,up to and including the charges for servicing Customer on last cleaning.Company has the right to increase prices.The Customer has the right to reject the price increase.If Customer rejects the price increase,Company may terminate this agreement. Customer hereby agrees to defend,indemnify and hold harmless Company from any claims and damages arising out of or associated with this agreement,including any claims arising from services or products rendered by the company. Page 702 of 1106 Company guarantees to provide high quality cleaning services at all times.Any complaints about the quality of the service which have not been resolved in the normal course of business must be sent by registered letter to Company's General Manager.If Company then fails to resolve any material complaint in a reasonable period of time,Customer may terminate this agreement. Additional services may be added to this agreement and shall automatically become a part of and subject to the terms hereof.Some hygiene and dust control services may require aseparate agreement between Company and Customer. Customer certifies that Company is in no way infringing upon any existing contract between Customer and another service provider. CANCELLATION CHARGE 25%of invoice charge per occurrence when Customer does not give notice of cancellation within 24 hours of a scheduled cleaning appointment.Customer Initial...X TRUCK SETUP CHARGE$50.00 charge per invoice.This Setup Charge is used anytime it is determined that Cintas needs to use its proprietary truckmount system to clean your account.Customer lnitial...X ADDITIONAL FLOOR OR TRUCK MOVEMENT CHARGE DURING SERVICE: 50.00 charge per occurrence. Customer Initial...X Credit Terms—Charge Payments due 10 days after End of Month. ONTAS CUSTOMER Location. 283 Please Sign Name: Signature. Mike Rosenberg Please Print Name. Title: Dee Clean Specialist Please Print Name: Page 703 of 1106 W 0 c SIG, CL 3I Rill 1 0 m! z al I EI 1J. LL LL =1 its W 1:0 ®tee r 6 ; 1 I rig; oil A CL ip all! 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INSPR Annual riWarl soan Wet-Add ai r rben Q,00 INVORRE Fim roan baPeru ° ? n IRSPD a r Irs -D c n Peri =$=13100 o ANY ITFX NOT INCLUDED ON THE PPJCE SHdET SHALLSE PPMED AT 16%OFF NATIONALVOLUBMARY BWK PRICING(QR 10W OFFMCALPM. NOWHERE NAlioNAL BDoK macime%Hm Av-& ) Liam Am mdviu- E= ED PATEW. Page 711 of 1106 I .. MA Annual FhwAlanx?ISM bis iR np$. pa MOMa, DevkaftrU (wmke dstba.11r)lens, J�7Fa�t37 If tl�n 0d i UT Ux un ANyjTEK NOT INCLUDED ON TRE P C 'DAT i O Ti LU PRICING(O 7 O PRICING TI pRictka is NcrrAvNL4ALE).ALL PRICES LWMD ARC-NOT-TO40WEM RATES. RM LABOR RATIS t trSIM05.00 a ' ffi Page 712 of 1106 z WIN If I I sill tif W e r ar ITI [R� #000 sone xessaars n or n s� e it r- �. x@' .r' d P P P { a P dde X qee Page 713 of 1106 : Lit �r { •#•` .l SII RI P . r R LLLI a s s a a 1001, _ _ c S5 Ito a� x m � m axm�w a a„m aax mx a nm� m aers wm s amm xxm mmttam mm ala mem ut ua a amu a � a mxa rxa � raa ama a� maw F,&- o�u m -.mn�mm uat . � mmm m mm mF � ama � a aam ..ate ftff m e a w . r ma Page 714 of 1106 ta u tea@ y $ F . w Page 715 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICESDEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 190985 OYNT BEACH,FLORIDA 33425-0310 DATE: 04/12/19 VENDOR 16248 IP TO: TO: THEWS/BAXTER & WOODMAN, INC. City of Boynton Beach 477 S. ROSEMARY AVE. PUBLIC WORKS DEPARTMENT SUITE 330 222 N.E. 9TH AV WEST PALM REACH, FL 33401 BOYNTON BEACH, FL 33435 REQUISITION NO. 73200 ORDEFI N0 DEPARTMENT: GI EERING/A A/ S DATE NEEDED: BID NO: COMMISSION APPROVED- LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST KCOSTED 1 23160. 00 DL TASK 1 . 1 TRAFFIC COUNTS 1.0000 23160.00 TASK #UT-3D-01 RFQ # RESOLUT-j,(=:, 2 2789 . 00 L TA. K �'. k'�'�C 'CALMING 7 .0000 2789. 00 3 4792 . 00 DL' ". ' ` `:37ALTERNAT- lE" T` :EFIC:: :�.0D00 4792 . 00 :<- TNG' DEVELOPINT 4 4725. 04 DL.. : 'LTt 3: CEPT SIEttHESd:00 4725. 00 5 1440. 00 DL T.A.S K 'TEMPORARY 3 .� :� 'TEMPOR :5 r.€3.Q:Ia Q 1 0, 00 NSTALLA.T LON.' 6 7 2 . 0 0 :DAT�'�`. ARYLS I S 3 72 2. 0 0 7 2437. 00 DL:' TRK. 3:.;3 (�XtDt1VANCE REVIEW '&: d {1:Q 2437. 00 T ENGTHEN' ING 8 7136. 00 DI1 'TAS; . 4.1 PREFER_ h-D. ALTERNATIVE I l3{)0.0 7136. 00 4EOTRIC:.DESIGN. 9 2858 . 00 DL TASK 4 2 ESTIMATE Cita"COST: rQ000 2858. 00 10 5798 . 00 DL TAI 4' 3 n 9F3'.TRAFFIC- CALMzNC'... 1.0000 5798.00 REPt 11 3374 . 00 DL TASKA+'ET.0 CALa[IIN� 1.0000 3374.00 REPORT 12 2186. 00 DL TASK 4 . 5-COSI' -ESTrl"k TE`..':'.. 1.0000 2186.00 13 3160. 00 DL TASK 5-MEETINGS (TOTAL OF 3) 1.0000 3160.00 PROCUREMENT SERVICES: P.O. TOTAL. ACCOUNT NO. PROJECT 303-4905-58©.63-08 CP0266 PURCHASING Page 716 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd, Suite 101 P.O. BOX 310 P.O. #: 190985 BONTO N BEACH, FLORIDA 33425-0310 DATE: 04/12/19 VENDOR 16248 SHIP TO: TO: MATHEW S/BAXTER & WOODMAN, INC. City of Boynton Beach 477 S. ROSEMARY AVE. PUBLIC WORKS DEPARTMENT SUITE 330 222 N.E. 9TH AVENUE WEST PALM BEACH, FL 33401 BOYNTON BEACH, FL 33435 REQUisrrjON NO. 73200 ORDERING DEPARTMENT: ENGINEERINCA/�AGGA/MS S ti DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 14 1360 . 00 DL TASK 6-QUALITY ASSURANCE/QUALITY 1. 0000 1360. 00 CONTROL ov. REMARKS F-Ok- ES: PAR.K .,rRAFF I C STUDY RFQ: T A 67:K 01 RDER� UT':Sn-01, PROCUREMENT SERVICES: c P.O. TOTAL: 68937.00 ACCOUNT NO, PROJECT 303-4905--580.63-08 CP0266 PURCHASING Page 717 of 1106 RBQUWT FOR PURCH&SE OVER 00j000 Onto., Requesting ® PW/Enginearing Contact Person:-Marc Saavedra Explanation for Purchase: This is for a Forest Park traffic study of the area. They vAll be placingIn locations, do speed ® a omsh analysis, how to determine alternative temporary installation, Recommended Vendor r&Woodman ount of Purchase $68,937 Scums for Purchase (check and attach backup materialls),, Three Written Quotations GSA state contrad PRIDERESPECT SNAPS Sole Source Piggy-Back Item Emergency Purchase r proposalTO Contract Number_�Fq 6%- 77� NOTE., Pridng for purchase mLat prowled in the same detell comehed wiNn - - Fund Source ila Approvals: It Department ea , ��`7 Date Purchasingi Date Aest City ManagerDate ® Date ht Page 718 of 1106 01 01 I 1 H H I 1 N M W I ri ri m 1 , \ \ I 1 N N I 1 HO O O O O O O O O O O O O O O 1 n O O O O O O O O O O O O O O W W •��E�y4 I I 00 m N 0 O N Ll- w m w v w O O (- �i 04 w 0- m m H m m H M m M N d' d1 HM N [� N m M In M N M ri m >H O I i N m A I I z1 1 w z H a 1 1 I , V I I z H I I Q A I I O O O O O O O O O O O O O O O A E I O O O O I O O O O O O O O � Zi m I O O O O 1 0\0 O O O O O O O � { x A W 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 W 0 HU 1 0 0 � 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 W W r-I 1 r I H M m ri H ri H r ri H H I ri ri H ��I ON M r-I m 44 I 1 f O O O O O O O O O O O O O O14 z W i 1 P P �( S4 S4 �I P �I � S4 S4 S4 P �4 V(f H 1 a a a a a a a a a a a a a a aHH 1 0 0 o z O O HHm 1 O O O I.a I O O O U U O O O O U U O O u O ON G1. n O 1 0 0 0 �, O C C C C C C C C C C C i." 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H .. .. 7. z>4Q I •41M 4>4Q }IQ I yHQ W}IQ Q>4Q C:4>1Q Z P HI a O OFO PO IPO PO FO FO FO PO IPO 1P0 IFO O P 1 riP V' H HH 1HE MHz r-IHE NHE MHz MHz r-IHE NHX MHz VIHx H L4 I 0 o P M m 'QE •QE QE QE •QE •QE •QE QE QE P O H I H4# ':) moo No0 NOO MOO MOO MOO MOO voo V'00 voo roo H a a1 a HEu EU EU Eu Eu EU zu zu EU Eu EU ° w M M 01 w oUvgi M0 Cuugi H°uai �0ugi �uvai �0 �uvgi �0 CucgA �o W 134 q , HP a a u F F F P P F F P F P P4 H w `t1". Z a I ri N M VW In W t- m m O r-I M a Z I Page 720 of 1106 W rN cq r) E-i 04 >4 0 z C4 W M > > H z H E- 0 ZU) w Q W0 P4 0 p U 0 0 x PQ � N w W E9 f ryEa Ea 0 0 HO tc >1 W w 0 w Ea 0 0 w 00 r,4 D4 10 m cq z to z H W z 1W 0 Om � 1 04 k-I W, p 04 H u HP4 04 I'X E� I 0 ,j E+U) 1 E� W CX I z W 00 H W C) FA w cil M E-4 H ril 0 va z u P U) ul 0 04 0 H w Cwt, D z H rn Ix p W z H 0 z ej 0 V) r4 N N. H 0 W E-4 0 rx, W 04 Z- m m 0 z 14 CIS H 0 I 0 P4 z X 0 4 p 0 W4 EU P4- 0 H H 0 IX 0 ca U p 0 H 0 W H �D E� pq i E-1 z CR Q 1 H 0 rx, En Fl H w UIN W� z rg HN rn H m >� 4z W W 04 w U) Page 721 of 1106 Greco-Arencibia, Adrianna From: Saavedra, Marc Sent: Monday, February 11, 2019 12:24. PM To: Greco-Arencibia,Adrianna Subject: Mathews Consulting -Traffic Study Proposal Attachments: DRAFTScopo_Rev20190206.pcif Hey Adrianna, Please see attached the proposal from Mathews Consulting for the Forest Park I-raffic Study. Not sure if you need to know this, but we want to issue a PO for$104,019.We'll consider the work for the remaining 41k as it draws closer. Thanks, Marc Saavedra Associate Engineer Public Works, Engineering Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 561-742-6267 1 1,30 561-742-6357 SaavedraM@bbfLus 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. cc+ -303 -Lfqo 590- (o,3, 0 yor TasIc UT-31) - Of 01211 - A? % Page 722 of 1106 Greco-Arencibia, Adrianna From: Javier,Andrea Sent: Monday, February 11,2019 2:53 PM To: Greco-Arencibia,Adrianna Cc: Miller, Keyla Subject: Re: Baxter&Woodman COI Approved Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 - 561-742-6044 JavierA@bbfl.us boynton-beach.org/ 01 L9 0 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Greco-Arencibia,Adrianna Sent: Monday, February 11, 2019 12:30:57 PM To:Certificate of Insurance Cc:Javier,Andrea Subject: FW: Baxter&Woodman COI Good afternoon, Could you please review the attached COI and let me know if it meets City requirements? Thank you Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 561-742-6211 Greco-ArencibiaA@bbfl.us Iboynton-beach.org/ 1 Page 723 of 1106 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:Rebecca Travis<rtravis@baxterwoodman.com> Sent: Monday, February 11,2019 1:12 PM To:Greco-Arencibia,Adrianna<Greco-ArencibiaA@bbfl.us> Subject: Baxter&Woodman COI Adrianna, Please find attached the updated COI.and the signed W-9 form as requested. Rebecca Travis,P.E. Vice President main:561-655-6175,ext 7715,direct:561-425-7715 Florida Division Manager cell:561-308-7544 email:rtravisObaxterwoodman.com MATHEWS www.baxterwoodman.com CONSULTING 477 S.Rosemary Avenue,Suite 330 a&AXTEW 009HAN West Palm Beach,FL 33401 This email and any attachmords are confidential and are intended solely for the use of the intended addreasee(s).If you have received this email in error,please notify the sender immediately or cell 561.655-8175 and delete this email.If you are not the intended recipient(s),any use,retention,dissemination,forwarding,printing,or copying of this .mail is strictly prohibited.The integrity and security of this message cannot be guaranteed on the Internet.Thank You- 2 Page 724 of 1106 Work Order No. City of Boynton Beach Baxter and Woodman,Inc. For Boynton Beach Traffic Calming Study This Work Order, when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City of Boynton Beach(City),Florida and Baxter &Woodman, Inc. (Consultant), dated August 20,2018,hereafter referred to as the Agreement. BACKGROUND Residents of the Forest Park neighborhood within the City of Boynton Beach have observed increased levels of traffic and speeding within the neighborhood. In order to discourage cut through traffic and potential speeding the residents of the neighborhood have requested that the City install traffic calming features on local streets. In an effort to investigate the claims of the Forest Park residents, the City has contracted with Consultant to perform a traffic calming study in the Forest Park neighborhood. The of calming study shall include elements that provide data driven analysis on traffic and speeding characteristics to identify potential traffic calming structure locations to be installed within the neighborhood. Consultant shall ascertain which structures installed within the neighborhood provide the most effective traffic calming. In addition and for conformity with the Florida Manual of Uniform Standards(Florida Greenbook, Ch. 15),the study shall provide recommendations on procedure for selecting which neighborhoods and roadways participate in a of calming program as well as develop minimum criteria that would warrant the need for traffic calming measures. These recommendations will likely be used by the City to strengthen its existing ordinance for traffic calming. PROJECT AREA The Forest Park neighborhood is located between SR-9/1-95 and Seacrest Boulevard and between Woolbright Road and Boynton each Boulevard, The Forest Park neighborhood consists oft e study area, excluding the Seacrest Boulevard corridor. Refer to Figure I fora map of the project area. Rev.3/5/2019 Page 1 Page 725 of 1106 Traffic Calming Study City of Boynton Beach Figure 1 Forest Park Traffic Study Proposed Traffic Counter Locations 7 soa 1:Boynton 6eao Blvd WW IINEWAwe w 0cpR n Ave V," F Ocean A,•e j SW I Ave a iW I M Ave ' i fir' 9t C, i e CF tH1 1tw r $ �ff1 Avk' SE 49h Ave Sr itt ,i a ih Svc SSM Stn sve � 4* SE Soh Ave Svv Str�cr Std 00h Amr M SW FrFh�roe tiedCfA,M,s.�e ".aP ;Me FlEn rdt, n �3' £irI Au+ SF Feb P"IF SE9th Avc SW 12th Awrn SF 17/n AVP_ u' SW-Mw Ave kzv2 A Y SE 13th Ave cr to ISO lamrw S ,�..itnSE1,0u1AVO � � c W&Ibrltdhi Rd F WoolbriOt Rd Project Area Traffic Counter Location Rev.3/5/2019 Page 2 Page 726 of 1106 Traffic Calming Study City of Boynton Beach SCOPE OF WORK The following is a description of the Scope of Services to be provided under this as Order No. : Consultant shall provide engineering services for the "Boynton each Traffic Calming Stud)"project. Data Collection The Consultant shall obtain,review and evaluate the following information if available: • Aerial photography • Utility atlases • Right of way, lane and street widths • Geographical Information System(GIS) • Property data • Latest available five-year crash history • Traffic citations • Existing traffic control devices and signs • Local Police Department—For emergency routes • Local Fire Department—For emergency routes Traffic Counts and Speed Data Collect automated traffic counts and speed data in the above described project area using Radar Recorders. Data collection efforts shall consist of 24-hour collection.at every other block or as dictated by site conditions or based on engineering judgement. Average daily traffic and 85h percentile speed for each street shall be determined in accordance with guidelines of the Manual on Uniform Traffic Control Devices (MUTCD). This process she be performed twice: 1) when evaluating existing site conditions, and 2) after temporary traffic cahning measures installation. Crash Data Analysis Obtain and review latest available five years of crash data. Analyze and summarize the crash data and determine patterns, if any. Summarize the prevailing time for crash occurrences and determine any correlation with peak-hour cut-through traffic if in fact confirmed.) The crash data shall include Woolbright Road, Seacrest Boulevard and Boynton each Boulevard and shall extend 250 feet on all legs of any signalized intersection and 100 feet on all legs of any stop sign controlled intersection to account for any influence area crashes. 'The crash data for SR-9/I-95 corridor and its associated ramps shall not be considered or evaluated. Traffic Calming Measures Analyze the data collected from activities documented above and assign the most appropriate traffic calming features given traffic counts, prevailing speeds, roadway Rev.3/5/2019 Page 3 Page 727 of 1106 Traffic Calming Study City of Boynton Beach geometry, presence of curb, existence of bus routes, impacts on drainage and sanitary collection,availability of right-of-way, dead-ends/cul-de-sacs, etc. Traffic Calming Development Analyze, develop and propose best practices for traffic calming structures at each location identified by the analysis within the project area. Conduct office review of critical street cross sections, street right-of-way, impacts and design constraints. Using Autoturn software - a module of Microstation - evaluate track turning movements for standard delivery vehicle. Document and summarize office selection of proposed traffic calming structures, which will become the basis for the preferred alternative for temporary installation. Preferred Alternative Temporary Installation Prepare typical installation sketches for preferred alternative of temporary traffic calming features which shall be provided to the City. Subsequently, and as directed by the City of Boynton Beach, the City shall coordinate the acquisition and installation of the temporary features as well as associated signage in the field. The temporary traffic calming structures shall be left in the field fora minimum of three(3)weeks post installation for a community adjustment period. Following the installation and community adjustment period, the Consultant shall collect speed and traffic data with the temporary calming features in situ. The Consultant shall perform an analysis on the speed and traffic data and compare the new data set to original data collected for existing conditions. A summary of the findings and analysis shall identify the effectiveness of the temporary traffic calming measure. Primary Design and Final Report The Consultant shall prepare primary design documents,which include conceptual designs, signage and pavement markings in locations selected for traffic calming improvements. The conceptual design shall account for design constraints and limitations such as clear zone,obstructions,drainage impacts and identification of potential design variances and/or exceptions. Further, a cost estimate for the preferred alternative based on primary design shall be developed. Findings of temporary installation of traffic calming features, study reconiniendations,primary designs and cost estimate shall be documented in a draft report, which shall be submitted to the City of Boynton Beach for review and comment. Subsequent to implementation of comments received from the City, the Consultant shall prepare the final report,which shall be delivered to the City. Meetings Consultant shall attend up to three(3)meetings with the City. The Consultant shall attend one (1) Kick-Off Meeting with City staff for the purpose of verifying the City's goals, objectives and design standards for the project. The Consultant shall attend one(1)Draft Review Meeting to review City comments to the Draft Report and preliminary design. Rev.3/5/2019 Page 4 Page 728 of 1106 Traffic Calming Study City of Boynton Beach Consultant shall attend one(1)Update Meeting with City Staff to review project deadlines, schedule and scope, and to identify any items of interest. Any meetings other than those documented herein identified by the City or the Consultant shall be considered additional services. Quality Assurance Quality Control(QAQC) All materials, including draft and final traffic calming reports,prepared by.the Consultant for submittal to the City staff and/or public shall follow the Consultant's internal quality assurance quality control review process. Budget Summary Attachment A documents the summary of the traffic calming study budget and shows the tasks/activities to be performed during the study and report phase, staff hours and the total cost. Assumptions City shall provide right-of-way information,as-built plans,raw and summarized crash data. Aerial photogrammetry data from the City or County database shall be utilized for the base drawing information. Survey data collection is not included within the scope of work of this study and shall constitute additional services if the need for survey data collection arises. All proposed design shall be developed to fit within the existing right-of-way. Also, the fee proposal takes into account three meetings. Any further meetings identified during the course of the study shall be considered additional services. The scope does not include assistance with charrette or other public presentations. Activities related to charrette will be discussed when and if the City identifies and defines the need. Rev.3/5/2019 Page 5 Page 729 of 1106 Traffic Calming Study City of Boynton Beach DELIVERABLES Deliverable Description Copies and Format Alternative Concept One(1)Copy—PDF, CD Draft Traffic Calming Report Four(4)Copies—Physical Report,Bound One(1)Copy—PDF, CD Final Traffic Calming Report Four(4)Copies—Physical Report,Bound One(1)Copy—PDF, CD Meetings Minutes One(1)Copy for Each Meeting—PDF,e-mail Rev.3/5/2019 Page 6 Page 730 of 1106 Traffic Calming Study City of Boynton Beach SCHEDULE Cumulative Description End Date Time(weeks Weektsl'% Notice to proceed 3/25/2019 Traffic Counter Location Selection 4/8/2019 2 weeks 2 week Traffic Counter Data Collection One 5/6/2019 4 weeks 6 weeks (Existing Conditions Baseline) Data Analysis/Development of 5/20/2019 2 weeks 8 weeks Alternative City Review of Alternative 6/3/2019 2 weeks 10 weeks Alternative-Field Installation(by 6/17/2019 2 weeks 12 weeks City) Community Traffic Adjustment Period 7/8/2019 3 weeks 15 weeks Traffic Counter Data Collection Two 8/5/2019 4 weeks 19 weeks Final Data Analysis 8/19/2019 2 weeks 21 weeks Preparation of Draft Report 9/16/2019 4 weeks 25 weeks City Review of Draft Report 9/30/2019 4 weeks 29 weeks Final Report 10/28/2019 3 weeks 32 weeks Refer to Attachment B for a graphical rendering of the proposed schedule. Rev.3/5/2019 Page 7 Page 731 of 1106 als Aq� r � ( VIII I j I ) i i I E 110 10110 0, wwm at CD F� '41 Vj�i"z cd C4 P':alwi C6 *1 1 1 0 i 16" 83 68� o LO Sm coil, III � III jell m 0 0 Olol 'u CM N LU < CS —100 0 0'It�co .1 00 M C ui L N� IE 0 aT 0 LU r 6% ICU Nl � li SII iNi w C, 19 �CL a. 0 NN (L WC E' MID I Ol E E-1 jjla -0 Ll iu�ilt7 us DID! y E r .c ro 0 0 — �wl wic E �.�2.'s IIm I AfflB. '0 0 0 0 0;=I- ix 0 iw 2� Elt t:l 1 i Ire 'E5 � ED o H! zmio r W,-4-r r4-• r4 F-lr (D U)U) Page 732 of 1106 v u u � R N m e� o E `c am� Ei=o 12 wt Ll &— LE m a 4 p r N 97 n 'mm �yy Y m Ypp iyC, � e r y N i N Qin f� CL zz e e 0 N N M d C' Page 733 of 1106 Covers eet Pagel of 3 6.F. CONSENT AGENDA 3/6/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/6/2018 REQUESTED ACTION BY COMMISSION: Approve the rankings as recommended by the Selection Committees and authorize staff to conduct negotiations with the recommended top ranked proposers in each of the five(5)Scope Categories,to establish contracts in accordance with Request for Qualifications(RFQ)No.046-2821-17ffP for General Consulting Services and as per Florida Statute 287.055,otherwise known as the Consultants'Competitive Negotiation Act(CCNA).At completion of negotiations,contracts will be brought back to the Commission for approval. EXPLANATION OF REQUEST: On September 26, 2017, pursuant to the Consultants'Competitive Negotiation Act(CCNA), Procurement Services opened a total of sixty-five(65) proposals in response to the Request for Qualifications for General Consulting Services.'This RFQ was issued seeking qualifications from firms interested in providing general engineering consulting services to the City. The general consulting services were separated into five (5) scopecategories: Scope A — Water Plant Modifications, Capacity and Operation Evaluation;Scope S—Infrastructure Improvements and Evaluations;Scope C—Ancillary Studies and Services;Scope D—Transportation Services; Scope E—Architectural and Landscape design Services.Per the RFQ,a minimum of two(2)and a maximum of three(3)firms would be selected in each category. After reviewing all proposals in accordance with the evaluation criteria contained in the RFQ, in five (5) different public meetings, the selection committees scored and ranked the firms and shortlisted the following firms: SCOPE A INN-KING Carollo Engineers,Inc. 1 CH2M Hill Engineers, Inc. 2 AECOM Technical Services, 3 - - Inc. CDM Smith,Inc. `fie - Globltech,Inc. Tie SCOPE B RANKING Arcadis U.S., Inc. 1 Carollo Engineers, Inc. 2 _- CDM Smith,Inc. 3 AECOM Technical Services, 4 Inc. RANKINGSCOPE C Carollo Entine rs, Inc. 1 CDM Smith,Inc. 2 Collective Water Resources, Tie- Inc. Gloaltech,Inc. Tie SCOPE D RANKING_ Kimley-Horn & Associates, 1 Inc. Galvin, Giordano & 2 Associates,Inc. _Mathews Consultin2 3 Michael B.Scorh&Assoc., 4 Inc. Erdman Anthony of Florida, Inc. RANKINGSCOPE E Gentile Glas Holloway 1 O'Mahoney Assoc.,Inc. est Architecture + Design, 2 LLC. Sone +Associates 3 Alexis Knight Architects Inc. 4 GPH Inc. Tie Tie https:/Iboyntonbeach.novusagenda.com/Agenda.Public/CoverSheet.aspx?ItemID=3671&M...P ftf 1106 Coversheet Page 2 of 3 Synalovski Romanik Saye, LLC In accordance with the process outlined in the RFQ,the shortlisted firms and their teams were invited to participate in oral interviews. Subsequent to the interviews,the selection committees independently scored each proposal and in five(5)publicly noticed final ranking meetings held on February 23,2018,the committees disclosed their scores for the interviews. The Final Rankings are as follows: SCOPE A RANKING Carollo En ineers,Inc. 1 CH2M Hill Engineers, Inc. 2 Globaltech,Inc. 3 AECOM Technical Services, Tie Inc. CDM Smith,Inc. Tie SCOPE B _ RANKING Carollo Engineers,Inc. 1 Arcadis U.S.,Inc. 2 AECOM Technical Services, Tie Inc. CDM Smith, Inc. Tie SCOPE C RANKING Carollo En ineers, Inc. 1 CDM Smith, Inc. 2 Globaltech, Inc. 3 Collective Water Resources 14 SCOPE D RANKING Kimle -Horn and Assoc., Inc. 1 Calvin,Giordano&Assoc.,Inc. 2 Mathews Consulting 3 Michael B. Schorah & Assoc., 4 Inc. Erdman Anthony of Florida, 5 Inc. SCOPE E RANKING Gentile Glas Holloway 1 O'Mahoney&Assoc.,Inc. Alexis Knight Architects,Inc. 2 West Architecture + Design, 3 LLC CPH,Inc. 14 Son +Associates J 5 Based upon these scores,the Committees unanimously voted to accept the rankings and recommended by consensus to prepare an agenda item to City Commission recommending approval of these rankings and authorization to proceed in negotiating Contracts with the highest ranked firms per scope as follows: Scope A- Carollo Engineers,Inc.(Lakeworth); CH2M Hill Engineers,Inc.(Ft Lauderdale); Globaltech,Inc.(Boca Raton) Scope B- Carollo Engineers,Inc.(Lakeworth); Arcadis U.S.,Inc.(Boynton Beach) Scope C- Carollo Engineers,Inc.(Lakeworth); CDM Smith,Inc.(Boca Raton) Scope D- Kimley-Horn&Assoc.,Inc.(West Palm Beach); Calvin,Giordano&Assoc.,Inc.(West Palm Beach) Scope E-Gentile Glas Holloway O'Mahoney&Assoc.,Inc.(Jupiter); Alexis Knight Architects,Inc.(Boynton Beach); West Architecture+Design,LLC(Lantana) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By providing staff with the ability to negotiate for contracts,this will facilitate on-going capital improvement projects that will effectively and efficiently enhance operations City-wide. https:/Iboyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemlD=3671&M.lPaa/d y'35gf 1106 Coversheet Page 3 of 3 FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval;contracts between the City and the selected firms will be submitted to Commission for approval. ALTERNATIVES: Not accept the committees'rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank;or Not to award and issue a new Request for Qualifications. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description 13 Attachment Ranking backup https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=3671&M...P9od,pa 9bf 1106 e city of Bo ton Beach PROCUREMENT SERVICES 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33429-0310 961-742-6310 Fax: (961) 742-6316 L NOTICE OF INTENT TO NEGOTIATE/AWA SOLICITATION NO. RFQ NO. 046-2821- 7/T LICITATI TITLE: GENERAL CONSULTING E CES ATE OF NOTICE: FEBRUARY 27,2018 At the Selection Committee meetings held on February 23, 2018, the Selection Committees for the above referenced solicitation scored and ranked the firms as follows: SCOPE_A- WATER PLANT MODS., CAPACITY . EVALUATION RANKING: 1. CAROLLO CAROLENGINEERS,INC. 2. C112M HILLC112 ENGINEEINC. 3. GLOBALTECH,INC. tie AECOM TECHNICALCES,INC. tie CDM SMITH,INC. The Selection Committee agreed by consensus to recommend award to the three (3) highest ranked firms: CAROLLO ENGINEERS, INC., C112M HILLC112 ENGINEE INC..,and GLOBALTECH,INC. SCOPE - INFRASTRUCTURE IMPROVEMENTS AND EVALUATIONS RANKING: 1. CAROLLO ENGINEERS,INC. 2. ARCADIS U.S.,INC. tie AECOM TECHNICAL CES,INC. tie CDM SMITH,INC. The Selection Committee agreed by consensus to recommend award to the two (2) highest ranked firms: CAROLLO ENGINEERS,INC. and ARCADIS U.S.,INC. Amerrca°r Gateway to the Gulf Page 737 of 1106 NOTICE OF INTENT TO NEGOTIATEAWA��7 Page 2 SOLICITATION NO. RFQ NO.046-2821-17/TP SOLICITATION TITLE: GENERAL CONSULTING SERVICES DATE OF NOTICE: FEBRUARY 27,2018 SCOPE C- ANCILLARY STUDIES AND SERVICES RANKING: 1. CAROLLO ENGINEERS,INC. 2. CDM SMITH,INC. 3. GLOBALTECH,INC. 4. COLLECTIVE WATER RESOURCES The Selection Committee agreed by consensus to recommend award to the two (2) highest ranked firms: CAROLLO ENGINEERS-.INC.and,CDM SMITH.INC. SCOPE D- TRANSPORTATION SERVICES RANKING: 1. KIMLEY-HORN AND ASSOCIATES,INC. 2. CALVIN,GIORDANO&ASSOCIATES,INC. 3. MATHEWS CONSULTING 4. MICHAEL B.SCHORAH&ASSOCIATES,INC. 5. ERDMAN ANTHONY OF FLORIDA,INC. The Selection Committee agreed by consensus to recommend award to the two (2) highest ranked firms: KIMLEY-HORN AND ASSOCIATES INC. and CALVIN GIORDANO &ASSOCIATES.INC. SCOPE E- ARCHITECTURE AND LANDSCAPE DESIGN SERVICES RANKING: 1. GENTILE GLAS HOLLOWAY O'MAHONEY &ASSOCIATES,INC. 2. ALEXIS KNIGHT ARCHITECTS,INC. 3. WEST ARCHITECTURE+DESIGN,LLC 4. CPH,INC. 5. SONG+ASSOCIATES The Selection Committee agreed by consensus to recommend award to the three (3) highest ranked firms: GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES INC. ALEXIS KNIGHT ARCHITECTS INC. and WEST ARCHITECTURE+DESIGN.LLC America's Gateway by the Gulftcam Page 738 of 1106 NOTICE OF INTENT TO NEGOTIATE/AWARD Page 3 SOLICITATION NO. RFQ NO. 046-2821-17/TP SOLICITATION TITLE: GENERAL CONSULTING SERVICES DATE OF NOTICE: FEBRUARY 27,2018 This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and award contracts to the highest ranked firms as listed above. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFQ documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances,the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: Digitally signed by(lyse Triestman Ilyse DN:cn-ilyse Triestman,a, ou=Fffiance Department, emal6triestmanlObIus,c=US Triestman Date:2018.0227 10:37.45-05'00' Ilyse Triestman,CPPO,CPPB,FCCN Purchasing Manager America's Gateway to the Guffshram Page 739 of 1106 Z Y r N M C O O 00 00 00 O 000 00 00 00 00 N -0N W OMi OMiN m COD CNDN COD CMD WN �cl-o:A Q V N U m O O O O O O 0 0 0 O O O 000 OO O Z ��( O O O O O O 0 0 0 0 0 0 0 0 0 a a vi N ui vi�ti ai uS ui .f ui ui v vi ui O F � \ � a W Q O W UW O c o o c o o c o o 0 0 o c o o o 0 0 0 0 0 0 0 0 0 0 0 o o o J R rc ao r-of �r of �n of cc r o+ ac r cu Z N i N W Z O H p Qa^ 0o 0 000 0 0 0000 00 00 0 0 00 00 00 00 0o 0a K V QD D mmol mmm Mrof cDnm Z a V LL W Q U) a i W W z v w fn W �+ J W Id 6� 000 000 coo coo 0 0 o R o o R 0 4 4 o o R o o R LU Z -D-D cc aoaoao oicod a0o0� 0 U rz a J p Ox O z v O p � 3 Z Q Q LL W J a � a Q. 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BOX 310 P.O. #: 190992 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/16/19 VENDOR 218 SHIP TO: TO: ARROYO PROCESS EQUIPMENT INC City of Boynton Beach 1550 CENTENNIAL 13LVD BARTOW, FL 33830 LOCATIONS AND QUANTITIES SPECIFIED FOLLOWING ITEM REQUISITION NO, 73575 ORDERING DEPARTMENT: UTIL WWTP/MR ------------------- ...... DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1. 00 DL MODEL RDE44-ANR-20OPERFORM LEVEL 12450. 0000 12450. 00 #1 REPAIR on Hanson E441size , gcarbo x. Disassembl . .e val.ta-tid aid.n,,; inspect. All bore.$, shafts dij , d qear-i'ill- ct0. be. M'6asure:d and..t,.66'te'd for S e0a,ficatio- s aad1condition.. P :1. j:: fast;San l t, 'an,d' C Tari. housing, In 8 gpa e c&8ealer, e,-,tterhal .Paint SU .I-,y, all- :a, new,,:qq-. .1 bearixii I I pump': r-eta4inpr , - shim padks, gaskets, .F .1um'b i ;anding:, ar"dware., ---------- ------ ------------------ IPPING INgTRUCTIONS. *** Tb:: :W88TWATEk, ADMIN 5 130'&T'b!-'q BCH,BLVD. :CSV YNTON .BEACH, Ft. a3437 I-------------------- REM'"tZKS TREATMENT :EA81N #1 GEARBOX REPAIR ATEW.TP S0LE::S0'URJ' CS: PROCUREMENT SERVI L P,O. TOTAL 124S0 , 00 ACCOUNT NO, PROJECT 401-2811-536.46-20 PURCHASING Page 745 of 1106 CITY OF BOYNTON BEACH ' nF REQUEST FOR PURCHASE OVER $109000 Date: 1-Apr-19 RequestingDepartment: Util N .�� � Contact Terson: Leon Liberus Explanation for Purchase: Treatment Basin #1 Gearbox Repair AT ISWTP Sole Source .Recommended Vendor Arroyo Process Equip. Dollar Amount of Purchase $12,450.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source }( Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: _ 401-2811-536-46-20 Approvals: _ Department Head ' } - - " `_� � Date _ —/ Purchasing Agn `° �a " n Date ) Asst City Manager Date City Manager � r� ., _ Date ,,.. Form Revised 02/01/02 Page 746 of 1106 0) H r^4: ! 0) LO i P 8 i «gyre? i i O O �:. + W ! t ®181 In ' r I CV CN H r-I P ' F i � ! B 8 @ I I ,fi 1i I d I I � i 7 "I I Cs7Z CO �a� t 0 I c> tz7 n U + Ca a y N >4 LO 0 / E 9 W d ami t"1 1y ,tir' Gia u dr1 0 a t 0 c s0 2- 0 d C7 d 0 > B � 0 I H 0 i co li I co g+ a ICS 0 Om s C a € c� W? � €1;� •. tom-! 41 04 w r r H 2 r' Lw E-+ 1 I C� Gds [7 CY r I E G a c�a ram EA Q p...g G WI 34 U2 C C$ `o C8) s €q.; s 4.3 N t va a) p Glaco 1 00) �� � � H e s9e' -i-3 4...U1 " W S 41 K4Mr. r ' T1 a 1 r U rd 04�a �7#� tU � N r r 4 I P4 P4 I 7S 4ll d.3..-I w rd 0i Gia s 0,C' >C—1 D)#4 X71 r, I mo? E G t1 0 _ :C CSC$ NM 4-) 3C)G b H ri ; c m tat 0 r,R H U) qy °.J O Tj rd is d t C 3 d J Cd°4 tDC,1 s a m CJ ., a c1a C&d ¢l8"u°:"4 rd CIS { E. ! Q C) r4 ()TP3 r-i rd"ted C63 H—Vs c J E C o-a s 02 qul t rd r3 �a U 1uc G „aa rdHUOU 1dC5 q U) ! C2 c4k 1d d3 G~to 044J PC) ! dr U ry C 1 i r.1 0 cera , g b W PH Ot 1 P Q W1 0' Page 747 of 1106 REQUEST FOR REQUISITION H.T.E.ENTRY ATE: 04/1/201 R.T.E. ITTSIT 73575MR Procurement ss`te Director: � City M a.a r(non budgeted REASON FOR PURCHASE: Treatment Basin#1 Gearbox Repair AT , _ Sole Source - INFORMATION: - DIVISION: INFORMATION: 14ame:Arroyo Process uipment _._ A inin. ( } Gate.- 04/1/2019 - ASAP (x) .......... _ Address: 1550 Centennial Ivd, Engineering Date Needed: 04/15/2019 onfirm ( } Bartow, FL 33630 dust. Rel. ( } ASAP/Conf. ( } Distribution ( } DELIVERY: _ — SUBMITTED: Phone(contact}: George Myer ater uale ( uotes/Ver al ( } E.Admin. 40 ( } (laver$500} Phone: 663-533-9700 - Purraing ( } Quotes Quotes/Written Fax: 303-533-4907 f P 41 ( } _ (saver $2000} Vendor Number :213 PWTreat, (x) Bid Docs. tP 42 (x} ,ter ery ( Sole Source Ltr. X Iglu' 9 t } , TLn i i Operator sewage Insurance ( } pecial Instructions: - fie uirernent)R VED s: APPROVED: -,. - Stara r. ( } Project Haber: e g i _ _® _.� l _. Harr _e. lJnat f�r�c �L7escrf tura dart umber mound e at seas „� le—m"I O Amount Model E44 AN 200 —® � t f 1 1 $12,450,00 Perform Level 1 Repair err Hanson 4 401 2311 536 46 20 $12,450.010 i �..�. —.M.M. l e gdar sax. Disassemble, evaluate and inspect All � bores, shafts, and gearing to be measure and tested for specifications and condition 111 Sandblast and clean housing Internal gearcase sealer, external paint. i Supply all bearings, new oil pump, lip seals, retainers, shim packs, gaskets, acks � — t` plumbing and hardware, Total $12,,450.00 Page 748 of 1106 Arroyo Process Equip. Quotation 1550 Centennial Blvd. Bartow,Fl./33830 Quote Num:07w-19-0208ARev:0 r Office:863-533-9700 Email:george@arroyoprocess.com Issue Date:April 3rd,2019 PROCESS EQUIPMENT s�vvon Exp.r,dna Quote Valid For:30 Days from Issue Date Quoted y: Customer Information: Name:George Boyer Boynton Beach City of Phone:863-581-0045 5469 W.Boynton Beach Blvd.Boynton Beach,Fl. Attention: on Bergman 33437 E-mail::berg am °us Model: 44- -20 Serial: 04 170257-8 Services: Perform Level#1 repair on Danson E44 size gearbox. Service includes: *Arroyo to return existing Hanson geardrive to our facility. *Disassemble,evaluate and inspect.All bores,shafts,and gearing to be measured and tested for specifications and condition. *Sandblast and clears housing. *Ince` al gearcase sealer,extrernal paint. *Supply all bearings,new oil pump,lip seals,retainers,shirrs packs,gaskets,plumbing, d hardware. *Return drive to City of Boynton Beach. *I-year warranty. Quote Total For Above Selz°ices:........................°.... Clarification: Grote is for a Level#1 repair. Level#1 repair includes a bearings,new oil pump,lip seals,retainers,shim packs, gaskets,plumbing,hardware,paint,sealer,pick-up and delivery. A detailed evaluation report e supplied after inspecion is completed. Not included: New earin ,shafts,or housing. Shaft, e in ore,or housing repairs. Any addional parts or repairs will be quoted after disassembly and evaluation. Address Purchase Order To: Arroyo Process Equip.Co. 1550 Centennial Blvd. Bartow,F1,33830 Attn:George Boyer Email:tteore(cr� ovotarocess.corr4 Pagea7e*fiif 1106 Hansen In81co /N:RDE44ANR-200 Ref.#: 17190 REO:95370 Pos.60.01 -60.10&60.22 are bearings SIN:R04A170257/8 1/14/92 ° 196.3:1 Pos.65.00 are your seals Input rpm 1750/583 Pos.25.00 is the shaft Output rpm 8.9/2.9 1 Pos. 36.00 is your gear and pinions. _ E 25.0 Lqq-1 JO 3 . 7 _..:. - 0.07 _.. INTE POMP 3606 POMPE INTGREE _ _ INTEGRATED PUMP INTEG ITE PUMPE I - - 3 6.04 36.05 -- _ 60.03 � . 02 E6 ,CO1 ..... , P p 1 u' u 1 160221 36.01 - 1 Items in red box are included in Level1 repair Page 750 of 1106 f gearboxesindustriat To Whom at may concem, Date:January 30,201 We Would like to inform you that Airoyo Process EqUiPment is the sole supplier of: After market repair services and replacement drive equipment for Sumitomo N.A.,for the State of Florida. Arroyo Process has in house 2-Sumitomo factory(Chesapeake,Va.)trained service technicians. We would also like to inform that Arroyo Process is the supplier of both after-market parts and neve Sumitomo equipment for the State of Florida, We hope you will consider Affoyo PrOcess Equipment as your supplier of Sumitomo Service and Equipment, Thank You, Pete Tdfoso Sumitomo Machinery Corp. of America Tel. +1-813-988-0358 pete.trifoso@shi-g.com smcyclo.cprm I Flow are we doing? Page 751 of 1106 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191000 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST 1 32 . 00 HR OCEAN AVE & SW 18TH ST - MOT 19 .0000 608 . 00 CERTIFIED FLAGMAN COMMISSION APPROVED 0:8/0.7/18 TASK #: .ASPS 11 22-82fl1.5 BID NO.. 01.0 2512/18/TT 2 15 . 00 EA OCEAN AVE & SW 18TH ST-TYKE .3800 5. 70 BARRICADE' PER FDOT STANDARD INDEX NO. 6G'0PROVIDE FOR PROJECT DURATION UP TO 1- 3 73 10 . 00 EA OCEAN AVE. & SW 18TH ST. TYPE II .4:0:0.0 4. 00 :BARRICADE : PER FDOT: STANDARD INDEX NO. 6::00-PROVIDE FOR PROJECT DURATION UP TO 7 DAYS 4 4 . 00 TN OCEAN AV8./sW 18,T.H ;ST=1" TYPE 39:0.0.000 1560 . 00 S-IMI ASPHATIC. CONCRE . ASPHALTIC CONCRETE :PLACE BY PAVING MACHINE, . INCLUDING: TACK MATERIAL & COMPACTION (0 TO Ib TON) 5 70 . 00 SYD OCEAN AVE/SW 18TH ST 1" AVERAGE 2.:8000 126. 00 THICKNESS ROADWAY MILLING, INCL.. MOBILI,ZATZON, MOT .& ALL INCIDENTAL. 'WORK & EQUIP. TO INCLUDE HAULING OFF . STOCKP;ILING:, OR. OTHERWISE DISPOSING OF MATERIAL. 6 8 . 00 HR N SEACREST :BLVD/NE STH AVE-MOT 19. 0000 152 . 00 CERTIFIED FLAGMAN :- 7 15 . 00 EA N SEACREST BLVD/NE 5 AVE-TYPE I . 3800 5 . 70 BARRICADE PER FDOT STANDARD INDEX NO. PROCUREMENT SERVICES: P.O. TOTAL ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 752 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Site 101 P,O. BOX 310 P.O, #: 191000 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boyntori Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO, ORDERING DEPARTMENT: DATE NEEDEDBID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY HOD ITEM NO, AND DESCRIPTION UNIT COST COST GOO-PROVIDE FOR PROJECT DURATION UP TO 7 DAYS 8 10 . 00 EA N SEACRES.T BLVD/N.E S .AVE-TYPE 11 .4000 4. 00 BARRICADE PER, FDOT, gad STANDARD INDEX NO. 6 0 0 ­PROV I 10R PROJECT DURATION UP TO 7DAY's 9 1. 00 TN N SEAOREST BLVD/NE 5 AVE-111 TYPE 3-910 . 0000 390 . 00 S -III ASPHALTIC ASPHALTIC CONCERT: p CE. By PAVIGN HIND INCLUDING. TACK ..M.ATERIAL. : CO'MPACTION (0 TON TO 10 TON) __ � 10 25600 SFT :N S:EACREST ,13LVD/NE!:5 7 .5.000 1920. 00 AVE-SAWCUT.REMOVE REPLACE 4:FT WIDE CONCRSTE SIDEWALK (4q! THICK) 48 . 00 SET N SEACREST .BLIADME. 5 1.:0.:5000 1504 . 00 ANTE,-SAWCUT,REMOVE,.,,REPLACE 4FT WIDE CONCRETE�,:.,SIDEWALK (G 12 48 . 00 HR NW 3 .,:CT/NW I : ST-M0T! CERT1FIFD F19. 0000 912 .00 FLAGMAN 13 30 . 00 EA NW13W ZT TYI.3T/NW ' _ 1 PE: BARRICADE .3800 11.40 PER VD.C.T: S.'TANtARD INDEX E. , 60 Q PR0V1DE.: RbA PROJECT:.bURA..I ON. U.P ;T T10 7 :DAYS, 14 20 . 00 EA NW 3 CT/NW I ST-TYPE, IT .4000 8 .00 BARRICADE PER FDOT STANDARD INDEX NO. 600-PROVIDE FOR PROJECT DURATION UP TO 7 DAYS ................ ........... PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 753 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quanturn Blvd. Suite 101 P.O. BOX 310 P.O. #: 191000 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/1€3/1.9 VENDOR 17284 SHIP TO TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO, ORDERING DEPARTMENT: DATE NEEDED: RID NO: COMMISSION APPROVED: + EXTENDED LINE# QUANTITY UOM ITEM N0. AND DESCRIPTION UNIT COST COST 15 15 . 00 CYD NW 3 CT/NGV 1 ST-REMOVE & DISPOSE 30 0000 450. 00 OF UNSUITABLEMATERIAL ' 16 32. 00 SYD NW 3 CT/Nw. 1- . T SOD. BA TA 2 .7000 86.40 17 44. 00 SYD NW 3 T/NW—1 ST-6R° L M TIL7CY SSE 15.0000 660. 00 (MIN LEIR. 10r?} , I?�TCL�TD'r ?C: PRIM. COAT 1.8 44 , 00 SYD 4 3 T/Nw I':7 EA ;L ;:o®oa 132 . 00 LxMEROCK . SE ( IN. LBFt,OF 3.0 0.) 19 3 . 00 TN NVQ. 3 CT/NW, 1 ST-111 TYPE .S:-III 3'x:0 0;00.0 1170.00 A P. . . TIC CONCRETE . P C~E BY .:WING; CHL E, INCLUDING TACK. MATERIAL COMPACTIO : O TOTO 10 TON) 20 1. 50 IN NW 3 CT/NW 1 ST:-EACH DSL 1/2W' 9;5.00070 142.50 TYPE ' -III' : ASPHALTIC CONCRETE PLACE BY.IPAVINC CHINE, INCL. INO. TACK "T':ERIAL & , COMPACTION (0 TbN TO 10 TOM ASSIGNMENTS) 21 44 . 00 SYD NUS 3 CT/NW 1 ST-SAWCLTT REMOVEO . Q 0 0 0 880 , 00 1 s 5:a P L T 22 33 . 00 LFT NO 3 CT'/NW. I T=4FT -WIDE & 611 35 . 0000 1155. 00 THICKHETLR:OCK SHOULDER :INSTALLED E .,t7S WITH'EDGE OF PAVEMENT (INCLUDES EXCAVATIONS) 23 24 . 00 HR OCEAN AVE/NE 4-MOT CEIRTIFIED 19. 0000 456. 00 FLAGMAN 24 30. 00 EA OCEAN AVE/NE 4-TYPE I BARRICADE .3800 11.40 PER FDOT STANDARD INDEX NO. PROCUREMENT SERVICE P.O. TOTAL: ACCOUNT NO PROJECT SEE BELOW PURCHASING Page 754 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191000 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Bo tori Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 ..................... REQUISITION NO, ORDERING DEPARTMENT: DATE NEEDEDBID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 600-PROVIDE FOR PROJECT DURATION UP TO 7 DAYS 25 20 . 00 EA OCEAN AVE/NE 4 TYPE, :IT BARRICADE .4000 8 . 00 26 5. 00 CFT OCEAN: � AVE/NE 4F-EMQV 1 0 _E SPOSE: 30.0000 15o . 00 UN'SUITABLE, MATERIAL 27 8 . 00 SYD 0GEIM, AVE/NE - " ::LIMEROCK BASE15 . 0000 120 . 00 mm. I'm, :OF-,100 INCLUDING PRIME CUAT 28 7. 00 CYD OC'. . AVE/NE 4-imPORT SUI TABLE23 ISE - . 0 0 189. 00 FILL: MATIE RAL INPLACE 29 1. 00 IN OCEAN AVE/NE 4-11' TYPE S-TTI 3 9:0.000 0 390 . 00 ASPHALTIC CONCRETE PLACE BY PAVING MACHINE, INCLUDING ,TACK MATERIAL. & COMPACTION :-.(Q TON TO .10.TON.). . 5 1 30 1. 00 EA bt.RAN AVE./:NE4 ,SINGLE POST SIGN . '17 0 0 00 175 . 00 (.U-PTO 361": .X 3 619 31 2 . 00 EA O.CEM :AVE/NE 4-,FDOT INDEX 304 30:00.0000 6000 . 00 HANDICAPPED,:SIDWALK: WITH DETECTABLE. WA RNING) 32 30 . 00 LFT OCEAN AV.E/NF- 4-CONCRET; CURB "TYPE 319.0000 1170. 00 D FU DEB"J.H NOT EXECUFED: MINTMUM. ASSIGNMENTS . OF 56 .LF` 33 50. 00 LET OCEAN AVE/NE 4-CONCRETE ;-C I URB 47.0000 2350 . 00 TYPE Ell MINIMUM ASSIGNMENTS OF SOLE 34 12 . 00 SFT OCEAN AVE/NE 4-SAWCUT, REMOVE & 7 .5000 90 . 00 REPLACE 4FT WIDE CONCRETE SIDEWALK (4" THICK) PROCUREMENT SERVICES: L 12 P.O. TOTAL: ACCOUNT NO, PROJECT SEE BELOW PURCHASING Page 755 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum SIvd. Suite 101 P.C, BOX 310 P.O, : 1.91000 BOYNTON BEACH, FLORIDA 33425-0310 DAVE: 04/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT' FT LAUDERDALE, FL 33310-5591 222 N.E. 9TH AVENUE BOY.NTON BEACH, FL 33435 REQUISITION NO ORDERING DEPARTMENT: .._............... ....... DATE NEEDED: RID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST 35 300 . 00 SFT OCEAN AVE/NE 4-INSTALL 3 1/811 5 . 0000 1500.00 PAVER. BRICK 36 300 . 00 SFT OCEAN AVE/NE: 4-REMOVE PAVED 2 .0000 600. 00 BRICKS 37 200 . 00 HR LWDD C I RO STNGS :SIDEWALK RPR-11,40T 19. 0000 380. 00 CERTIFIED F � 38 20 . 00 EA IWDD C OSS:INGS: SIDEWALK RPR-TYPE3800 7. 60 I BARRICADE FI?O .STANDARD INDEX'NO. , 6;00-PROTIDE FOR .PROJECT .° DURATION :UP TO 1 DAYS 39 15 . 00 EA LWED. CRO INGS :'SIDEWALK RPR-TYPE _4000 6® 00 F:DOT STANDARD1,NDEX NO. 6'OO®PROVIDE F'O]R PROJECT DURATION UP .TO 7 DAYS 40 157 . 00 SET LWDD :CROSSINGS. SIDEWALK RC1 .S000 1648 . SO R 'R SAWCCTT REMOVE/REP CE 4�Fg`T. IDE CONC.RE"T'E SIDEw K (611 41 8 . 00 HR INDUSTRIAL AVE SIDEWALK RPR-MOOT x:9.'0000 152 . 00 CERTIFIED FLAGMAN 42 20 . 00 EA INDUSTRIAL AVE SIDEWALK RPR-TYPE .3800 7 . 60 I BARRICADE PER PD OT DA D INTOE NC2, 6 0 0 -PROVIDE: FOR PROTECT D TION UP TO 7 DABS 43 15 . 00 EA INDUSTRIAL AVE SIDEWALK .RPR-TYPE .4000 6.00 II BARRICADE RIC E PER FDOT STANDARD INDEX NO. 600-PROVIDE FOR PROJECT DURATION UP TO 7 DAYS PROCUREMENT SERVICES: P.O. TOTAL: ) ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 756 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191000 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 44 116. 00 SFT INDUSTRIAL AVE SIDEWALK 10.5000 1218 . 00 RPR-SAWCUT/REMOVE/REP.LACE 45 1. 00 EA INDUSTRIAL. AVE 8 1 DEWLK 300 . 0000 300. 00 . RPR-HAND;CARPED.:, (WITHDJET-� .. ........ .. ECTABLE WARNING8) , 46 20 . 00 EA DEMONSTRATION PARK-:, PARKING . .4000 8. 00 LOT:-TY:PE' !I: BARRICADE. PER Pbot: STANDARD INDEX NO. ...... ..... :6:0 0::"PROVIDE FOR PROJECT DURATION TIP TO '7 .DAY,-8 47 145 . 00 SYD DEMONSTRATION PARK PARKING 1,2000 464. 00 LOT-SOD, : :FLORITAM 48 145. 00 SYD DEMONSTRATION PARK PARKING 210 .:0.Goo 2900. 00 Lot-SAWCUt.,/R' EM0' VE . 1.5!1 ASPHALT 49 50 . 00 SVT DEMONSTRATION PARK PARKING .2 0000 100.00 LOT-CONCRETE SLAB REMOVAL so 30 . 00 CYD DEMONSTRATION PARK PARKING 900. 00 LOT REMOVE./DISPOSE ; UNSUITABLE MATERIAL 51 30. 00 CYD _DEMONSTRATION PARK PA-RKING 27. 0000 810 . 00 LOT '1M:PO9T..:SUITABLE: FILL MATERIAL. INPLACE 52 1 . 00 EA DEMONSTRATION,.PARK -PARKING 75. 0000 75. 00 LOT-REMOVE SIGN ;POST- 53 2000 . 00 SFT MISC SIDEWALK 7.5000 15000 . 00 REPARIS-SAWCUT,RE M OVEREPLACE 4FT WIDE CONCRETE SIDEWALK (411 THICK) CES: P.O. TOTAL: PROCUREMENT SERVICES ................ ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 757 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P,0. BOX 310 P.O, #: 191000 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PC BOX 15S91 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: .. _. _ -m. �� ��� ����� ��III� ''���i��f������� EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 54 2000 . 00 SFT MISC SIDEWALK 10 .5000 21000 . 00 REP ARIS-SAWCUT,REMOVE & REPLACE 4FT WIDE CONCRETE. SIDE (611 TRICK) 55 30 . 00 EA 300 POA ROAD/5IDE.W ALK REMOVAL .3800 11.40 (MEADQ,.W M) TYPE I I BARRICADE ETA F.00T STANDARI.J INDEX NO' 60.0 'PROVIDE FOR PROJECT DURATION UP,T017 DAYS. S6 20 . 00 EA 3 QZ: PDA ROAD/SIDEWALK REMOVAL 14000 8 . 00 NEAD�S): �TYPE 11 ,8 ARRICADE: PER FDOT STANDARD INDEX NO- :600-PROVIDE: FOR., PROJECT: DURATION UP:TO 7 DAYS 57 as CYD300� POA ROAD /SIDEWALK REMOVAL . 27. 0000 1296. 00 �(MEADOWS).-IMPORT SUITABLE MATERIAL INPLACE 58 955 . 00 S YD .GQ ROA ROAD 92�3 0 1:00 1 2578 .50 IDEWALK REMOVAL MEADOWS) -SOD1 13AHIA 01:10 2kN/,� WALK REMOVAL 59 734 . 00 SYD T POA BO., I T)N�­ ..20,A0,0.0 14680 . 00 (MEADOWS) -SAWCU'r.., .: REMOVE. 1. S11 ASPHALT: 60 600 . 00 SET 3 0:0 PO.A ROAD/SIDEWALK REMOVAL -1 .5000 4500. 00 (M E-ADOWS:) -SAWCUT, REMOVE: AND: REPLACE 4FT WIDE CONC,RETE SIDEWALK (4 THICK) : Gi 190 . 00 SET 300 POA 8AOAD.' :IbEWALK RgMQV_AL10 .5000 1995 . 00 (ME OW ) -:S_Avas .C­UT REMOVE AND REPLACE 4KT WIDE CONCRETE SID_8WAL'K' 1(6"" THICK) , 62 2000 , 00 SET 300 PON, ROAD/SIDEWALK REMOVAL 2 . 0000 4000 . 00 (MEADOWS) -CONCRETE 4 --- - PROCUREMENT SERVICES: CTP.O. TOTAL:Lz=z m ACCOUNT NO, PROJECT SEE BELOW PURCHASING Page 758 of 1106 PURCHASE CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. 191000 B BOYNTON BEACH, R-ORI 33425-0310 DATE: 04/18/19 VENDOR 17284 SHIP TO: TO. ATLANTIC SOUTHERN PASTING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 3331.8-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 wW-- . -- REQUISITION NO. ORDERING DEPARTMENT: e r •�°® DATE NEEDED: RID NO: COMMISSION APPROVED: n l EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST SLA13 REMOVAL 63 20 . 00 EA POTTER ROAD R.EFbAIR �TYPEI .3800 7.60 13ARRICADE PER FDOT $TANDAR INDEX NO. 6 0 0-PROV E3 F 'f2.: PRCJCT . DURAT I ON UP TO -a PAYS . 64 20 , 00 EA POTTER Rio AD REPAIRS-TYPE Il .4000 8 . 00 E: RPTC PER FDOT .,STANDARD. INDEX NO. 6 0-.PROVIDE FOR PROJECT D TION p TO .7 D S 65 27 . 00 TAT POT 'ER R REPAIR -TYPE S-IIT 1`7:5..10 1 PS 00 472 5. 00 P TIC. CONCRETE,' ., P CE BY. PAVING MACHINE, INCLUDING TATER IAL " D• COMPACTION , (10:' TON TO 50' 'TON) 66 98 . 00 SFT POTTER 90AD REPAIR1971"AVE GE 1 . 80.00 176.40 TRIC . ESS ROADWAY WAY MILLLING, INCL,. N0131LIZATION, MOT—::4 ALL INCIDENTAL WORK &. EQUIP. TO. . INCLVDE.'HAULING OFF, STOCKPILLING, OR. OTHERWISE DISPO.S.ING OF MATERIAL. REMARKS- BID E KCS®BID #010-2522- I3/I .: TASK ORDER #ASPS 11-22820;19 ---"­--­[ PROCUREMENT SERVICES. P.O. TOTAL: 103064 .70 I ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 759 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. ##: 191000 BOYNTON BEACOH ,FLORIDA 33425-0310 DATE: 04/18/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO, ORDERING DEPARTMENT: DATE NEEDED: RID NO: COMMISSION APPROVED: EXTENDED LINE$ QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* -----------------------®® - -®--_- ®__--------------.------__-_____---_ RECD/ACCT DATE REQ.. BY PROTECT AMOUNT _____________________ _._-- _ �mw------- _e__------_____________ 0000073644 04/15;19' NGaNEERING/AG A/PM CP.0266 471014. 60 303490.55806308 0000073644 04/15/1.-9: ENGINEER.INQ./ dA/PM, CPt1.263 .56050. 10 30349045416324 -------------- PROCUREMENT SERVICES. , 1 P.O. TOTAL: ACCOUNT NO, PROJECT PURCHASING Page 760 of 1106 r ttr,, (r..4-ITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 w Date: 4/15/2019 Requesting ® _fVV- Engineering a Paola Mendoza 'Explanation for Purchase: Sidewalk and Street repairs to various in the City included tnot limitedto Ocean 18th tp cr stBlvdt Ave, t t, vfiAve 4th, Worrth Drainage istic Crossings, Industrial Ave, Demonstration Parkire o , 300 POA Road, Road liPLSN OrJAA �SPS .20 Vel- dor Atlantic Southern PavingSealing Dollar Amount of Purchase 103,064.70 Source r materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: Bid No. 010-2512-18/I R@t)T Pricing pr� as�l fir purch�s�must b�pr�s�nted in the s� �detail contained within the contract. r r d Account #303-4905-580-63-08 CP0266 $479 14.60 & 303-4904-541-63-24 CP0263 $56, .1 Department Date Purchasing Agt ' Date z-1 12 Asst it r Date T—T— City ManagerDate Form Revised 02/01102 Page 761 of 1106 m a'9 @ I Ln to W ! 1 i " C Q O 9 0 CJ 9 9 �+ C 9 Lea 9 O 9 C3 a® ® E+ H O e'D 0 C7 C3 11 9 0C } r d wC7 a? 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RC Z RC H�HQ MQ�HQ M \H�z�Q H9+Q HMp�+A HmQ>+q H U a , WO OHO W QHO W QHO WUOPO WE HPO MPO M QPO m AERO �'�"I HE 5H HE �H HE rHzHE ✓ HaHE WH WH HE WH HE RCM AE RCOHAE RCOHAE RCHHQE RG>+zHQE xQE x0HQE xOHAE 11 .4H O H , M #k 000 AU 00 0000 ,-7Qoo RCWPa00 U00 UQU00 UQUO0 a7y zEU ZfXWEU zGaWEU ZRCAEU 7-� AxEU <XU RCk+WEU 4rG4WEU M U i x E RCC hEW RRCC hEW RR�CdC.12: RRvC(q�HUEW WEM W F:)MM W FJMM H O M WE M Q0 wxoo'�' WxoOO WaUo.7 WRG000'� MOQ MxOOQ Mx00'D W w A � 0U P PQ 0a4P4 U En owwUM 04HUm 0Uaiz-,oUM zuM zaaUm zaaUM IX H W W Zi x I -i N M w In r m HW , co az , Page 772 of 1106 Greco-Arencibia, Adirlanna From: Mendoza, Paola Sent: Friday,April 12,2019 4:13 PM ® Greco-Arencibia, Adrianna Subject: PO For Task#ASPS-1 1--2282019, Miscellaneous Asphalt and Sidewalk Repairs- Project No. 1 Attachments: Msc.Asphalt and Sidewalk Phase 1- ID.pdfa Misc.Asphalt And Sidewalk Repairs Phase 10 REV.pdf; Revise d-Proposal-#2.pdf Hello Adrianna® Can you please create a PO for a newjob with Atlantic Southern Paving-Task#ASPS-11-2282019-Miscellaneous Asphalt and Sidewalk Repairs- Project No. 1,for the amount of $103,064,70. Please note that Gary has already looked at this proposal and approved it. • Please see attached quote that Atlantic Southern Paving and information for the project. • The project scope is misc.sidewalk and street repairs • We are going to pay for the work from two different projects. See table below,also see attached breakdown as back up. Street Maintenance Improvements Sidewalks-Replacement Account no. is 303-4905-580.63- Account no. is 303-4904-541.63-24 08 project number:CP0266 project number is CP0263 Subtotal $ 47,014.60, $ 56,050.10 Total project $ 103,064.70 Thank you very much, please let me know if you have any questions or I left something out, Paola Paola Mendoza Associate Engineer Public Warks/Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 F 561-742-6266 MendozaP@bbfl.us boynton-beach.org/ n. LWJ IMMA, r 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. Page 773 of 1106 F_ '-street_MaintenunW­ Sifler,P111A.-I.Asphalt and VA-H,Repairs-Phase I #an raidements, No.2 Ocean Drive&Say 18th Street Sidewalks-Replacement Maintenance of Traffic- Items Na.Description Q antity Unit Unit'Cast Totall 3 MOT Certified Fla-m-p-,parson) _JL_32.00 He $ 19.00 608.00 Type I barricade per FOOT Standard 4 Index No.600-Provide for project - A E �Lumtican up to 7 day. $ UWO, 0.38 $ 5.70 5.70 Type II barricade per FOOT Standard EA Index Na.60-Provide for project duration up to 7 day, $ moo EA $ 0.40 $ 4.00 4.00 V Type 5-111 Asphaltic Concrete place by 38 paving machine,including tack material Lc!n impadion�0ton�tom ton 5 4.00 -YON $ 390.00 $ 1,560.00 1,560.00 l'Average thickness-Roadway Milling, Ind.mobilization,MOT&all incidental 50 work&equip.to include hauling off stockpiling,or otherwise disposing of material. $ 70.00 SY 1.80 $ 126.00 126.00 -wo-1 N.Scarcest Blvd&NE St Ave Total S 213,03.10 3 MOT Certified Flagman(per person) 800 H­R 1-9,00 I Type I barricade per FDOT Standard 152.00 4 Index No.600-Provide for project duration up to 7 days 15 21 EA 0.38, S 5.70 5.70 Type 11 barricade per FDOT Standard 7 Index No.600-Provide for project duration up to 7 days $ 10.00 CA 0.40 $ 4.00 P-10"A .00 I_!__ i$ V Type 5-111 Asphaltic Concrete place by --- 38 paving machine,including tack material &compaction W ton to le t" 11.0n Tobi $ 390.00 390.00 390m0 Concrete-excavation and haul-offto be included in cost $ 93SINUcut,Remove and Replace Am wide concrete Sidewalk fai"thick) 25&0-40 �SF $ 7.50 11920.00 94 Sawcut,Remove and Replace apt wide 1,920.00 Concrete Sidewalk IS`thick} 48.00 SP j$ 10.50 $ SP4.00 504.00 Totaled nod $ 2,9?'5.70 No.3 NW 3rd Court&NW lor Street Maintenance sr Traffic S 9" $ 9 PC 3 son� 48.00'-q-R- S 19.00 $ 912CO 11 er per _ Type I barricade per PDOTStrandard 4 Index No.600-Provide for project duration up to I day 30.00 _EA 038 $ 11.40 $ 11.40 Type 11 barricade per FDOTStandard 7 Index No.600-Provide for project i.rlam up to 7 days $ 20.00 EA $ 0.40 $ 8.00 8.00 larlbyrork and Site Restoration 23 Remove and dispose of unsuitable material S 15.00 CY $ X00 $ 450.00 L7 $ 450.00 _Lo_cc babia $ 32.00 SY $ 2.70 $ 86.40 $ 86.40 31 6-Limerock base(mIn.Tbr of-100), '_including prune coat __L 44�CE SY 15.00 $ 660.00 $ 660.00 32 Each additional 2'Limerock base Juan. lay Of 1001 $ 44.00 1 SY 3.00 $ 132.00 132.00 Peen.and Concrete 1"Type 5-111 Asphaltic Concrete place by 38 paying machine,including tack material -Ecompaclion(0 Ion to 10 too __S 3.00 000 1,17000 Each Additional 1/2"Type 5-111 Asphaltic 1,170.010 39 Concrete place by paving machine, including tack material&compaction by ton to 10 Ion asstirunerocs) 1.50 TON $ 95.00 142.50 $ 142.50 53 Sawcut&Remove IA Asphalt Oft wide and 6vi-thick sh.11rcrek shreilder $ 44Z0 SY $ 20.00 880.00 $ 880.00 52 installed flush with edge of pavement ImcdclLs exre-c-tm- 3300 LF $ 35.00 $ 1,155.0 $ 1,155.00 Yew $ 5,607.30 No,4 Oman Ave&NE 4th Maintenance of Traffic ------------- 3 MOT Certified Flagman(per jerson� $ X00 HR $ 19.01) $ TStandard Type I barricade per FDO 456.00 $ �_56.00 4 Index No.600-Provide for project duration up to 7 days ___L 30.DD A 0,38]l 1140 $ 11.40 Type 11 barricade per FDOT Standard U_ 7 Index No.600-Provide for project -duration u f,. 7�Lo day, $ )0 00 1 CA 0.40 grin I$ 8.00 i Page 774 of 1106 Earthwork and Site Restoration ( I$ 1_-1. ... Remove and dispose of �����' ", '' 23 unsuitable material $ S.Oo E CY $ 30.00 $ 150.00 $ 150.00 6 Limerock base(min Ibr of 100), 31 including prime coat $ 8.00 SY $ 15.00 $ 120.00 $ __................_.,... _ .120.00 a 24 Import suitable fill material-inplace $, _- 700 CY $ 27.00 $ 189.00 $ 189.00 Paving and Concrete $ .... 1"Type 5-III Asphaltic Concrete place by .F.., """ 38 paving machine,including tack material &compaction(0 ton to 10 ton I'S 1.00 TON $ 390.00 $ 390.00 $ 39000 79 Single Post Sign(up to 36"x 36") $ 1.00 EA - '...$ 175.00. $ 175.00 $ 175.00 _„-....�.. ... 85 FDOT Index 304 Handicapped Sidewalk (with detectable roaming) $ 2.00'EA $ 3,000.00 $ 6,000.00 $ 6,000.00'. 86 Concrete Curb"Type D"full depth,not 'extruded Minimum assignments of 50 LF $ 30.00 LF $ 39.00 $ 1,170.00 .$ 1 ..,.�..._... __-.._....,..,w ,170.00 - w _.__ 87 :Concrete Curb"Type F"Minimum � assignments of 50 LF $ 50 00 1 LF $ 47.00 $ 2,350.00 $ 2,350.00 .. .. ...... ....._,.w.�.... ......... .... ._.. ._rw.. ' 93 Sawcut,Remove and Replace Oft wide Concrete Sidewalk(4"thick) ......... $., 12.00 SF $ 7.50 $ 90.00 $ 90.00 ......m.- _..,...,. ..,....... 99 'Install 31/8 Paver Brick $ 300.00 SF__..-" $- 5.00 $ 1,50O.00 $ - 1,500.00 100 Remove Paver Bricks $ 30000-SF $ 2.00 $ 600.00 $ - 600.00 Total- $ 13,209.40 -. .......v._.. No.S LWDD Crossings Sidewalk repair ...... Maintenanc of Traffic ' - ----- " 3 MOT Certified Flagman(per person) $ 20.00 HR $ 19.00 $ 380.00 w ,$ 380.00'.. Type I barricade per FDOT Standard ' 4 .Index No.600-Provide for project 'duration up to 7 days $ 20.00 EA $ 0.38 $ 7.60 $ 7.60 Type II barricade per FDOT Standard ` 7 Index No.600-Provide for project duration up to 7 days $ 15.00 EA $ 0.40 $ 6.00 $ 6.00 Concrete-excavation and haul-off to be included in cost $ Sawcut,Remove.and Replace 4ft wide ...............". ."'..... 94 Concrete Sidewalk(6"thick) $ 157.00 SF $ . loco ,. 1,648s0. $ 1,648s0 Total $ 2,042.10 No.6 Industrial Ave Sidewalk Repair M ntenance of Traffic _- �,....._.w. d _ ._...�.,.... -- _.. .... ..�,..,.�.,. -.- 3 '..MOT Certirfied Flagman(pee person) $ 8.00'. HR "$.. 19.00 $ 152.00 $ 152.00 Type I barricade per FDOT Standard 4 Index No.600-Provide for project duration up to 7 days $ 20.00 EA $ 0.38 $ 7.60 $ 7.60 Type II barricade per FDOT Standard . 7 Index No.600-Provide for project duration up to 7 days $ 15.00 EA $ 0.40 $ 6.00 $ 6.00 _�..........., .-�..� .w ....... - Concrete-excavation and haul-off to be included in cost 94 Sawcut,Remove and Replace 4ft wide "" Concrete Sidewalk(6"thick) $ 116.00 SF $ 10.50 $ 1,218.00 ... $._ 1,218.00 95 ':Handicapped Detectable Warnings $ 1.00 EA $ 300.00 $ 300.00 $ 300,00 Total $ 1,683.60 ��. ........ No.7 Demonstration Park Parking Lot Maintenance of Traffic Type 11 barricade per FDOT Standard 7 Index No.600-Provide for project ..duration up to 7 days $ 20.00 EA $ 0.40 $ 8.00 $ 8.00 '..Earthwork and Site Restoration 28 Sod,floritam 3.20 $ 464.00 $ 464.00 _ Paving,and Concrete 53 `;.awcwt 6 Ste t 1„._5,."Aphalt $ 145.00 56 $ 20.00 2,9000..0..,. w�.. � $ .....�.._.M....2.,,w9..0,40,.-.00 Concrete� .cavation ... ._..... ...� �. and haul-off to be g.. included in ccst $ 98 Concrete slat removal 5.. 5000 -,F 2.00'$ 100.00' $ 100.00 23 Remove and dispose of 'unsuitable mate6al ',$ 30.00 CY S 30.00 $ 900.00 $ 900,00 ...,. _ ._. .� ... 24 Import suii:able tall material otplace $ 30.00 CY 5 27.00 $ 610.00 $ 810.00 81 Flee+avt 5 QA 0t m P$ 1.00 EA .....a,_. $ 75.00 .,..��....,..,...... $. 75.00 $ 75.00 Total $ 5,257.00 ............._W_. . .......-.._,. _. ___ .__...... ,.,.... Noll Misc.Sidewalk repairs Maintenance of Traffic ,...�.�. .-. _.. __ ....�..W.....,.. ,.. -_,. 93 Sawcut,Remove and Replace Oft wide Concrete Sidewalk(4"thick) Lid $ 7.50 $ 15,000.00 $ 15,000.00 94 Sawcut,Remove and Replace 4ft wide Loncrete Sidewalk(6"thick) $_ 10.50.$ 21,000.00 $ 21,000.00 Total $ 36,000.00No.9 �POA Road and Sidewalk Removal - _-- trieadowsp Page 775 of 1106 ....... .W _ _.... ...... artenanceafTraffic ._. .._..... � m �,.�..- ,_.w...___. 'type l barricade per FOOT Standard 4 ''.,Index No.6O0-Provide for project '.duration up to 7 days $ 30 DD EA $ 0.38 $ 1L40 ! $ 11.40 Type li barricade per FOOT Standard 7 Index No.600-Provide for project .. _...M..... $ . duration up to 7 days _ $ 2000 EA $ D.aO 8.00 $..��- 8.00 Eahwork and Site Restoration 24 import suitable fill material-mislace $ 48.00 CY _ - $ ---DE $ 1296.60'..... $ 1,296.00 _ 27 Sod,bahia $ ..955 DD SY $ 2.70'.,$ 2,578.50 $ 2,578.50 Paving and Concrete -.53 Sawcut 8 Remove 1 s Asphalt -5 734.66 sv $ 20.00 $ 14,68OZO $ 14,680.0............... _ _.. ..... _.....__.....__ _..... Corecrete-2otSeSaVon and haul•otf to be Included in cost p 93 Sawcut,Remove and Replace Oft wide '...Concrete Sidewalk(4"thi k) $ 600.00 SF $ 7.50 $ 4 SOO.DO. -.... -....... _. 5 - 4,560.66 94...- Sawcut,Remove and Replace aft wide � _—� Concrete Sidewalk(6"thick) $ 190.00 SF $ 10.50 $ 1,995.00''.. t $ 1,995.00 98 Conerete slab removal $2,000.00 sF .m $ 2.00 $ 4, ,aD $..... 4,000 00 �......., ......_ � .. 'fatal... S 29,068.90 P9ae1O IllornerOamad Repairs Ptidaintenance of Traffic j Type I barricade per FDOT Standard 4 Index No.600-Provide for project duration up to 7 days S 20.00 EA $ 0.38 $ 7.60 9S 7.66 ',Type It barricade per FDOT Standard 7 '..Index.No.600-Provide for project duration note 7 days $ 20.00'....EA $ 0.40.$ 8.00 $ s.00 Paving and Concrete 1"Type 5-1I1 Asphaltic Concrete place by 40 paving machine,including tack material 6e compaction(10 ton to 50 ton S 27,00 TON $ 175.00 $ 4,72500 ......... -.. $ 4,725.001 1 Average thickness Roadway Milling, Intl.mobilization,MOT A all incidental so pork%equip.to include hauling off i stockpiling,or otherwise disposing of rraaterial. .... $ 98.00 SF $ 1.80 $ 176.40. �$_ 176.40 ---- - .... Totati $ 4,917.E - ( Street Maintenance Improve.nems Sidewalks-Replacement Account no.is 303-4905-580.63-08 Account nes.is 303-49 541.63- project number,CP026ffi 24 project number is 0P0263 ............ ........._.__...... ....-...� _ --_ - Subtotal $ 47,O14.60 S 56.050.10 ......... ........ .- .... Tmffiat project $ 103,064.70 Page 776 of 1106 �(p4 p� N r t - - - t< W E t S {S}i' } � ,,r ..s,t ,f.l. i s,,: ..ru } 4,.. \ � ;;-` ht t, r::s � } l,, .s ✓.. \ t 106, r}s tt {14 tii ,>t V ,S'i '`i.t", ,,tl t rVf%r {r fr7tt r3IICc' (ItSt Q�#f Js st{t r !}tt,f 1 t`' t Rl \lit l �t�rr v24 l' r�lht�t4 4 f 11 .y ocean ®rive and SVS 18th Street: e Problem: Existing pavement is uneven and broken, pavement needs to be mill and overlayed. Items: -1"Average thickness- Roadway Milling, incl. mobilization. MOT&all incidental work&equip. o include hauling off stockpiling, or otherwise disposing of material.(70 ) -1"Tye -III Asphaltic Concrete place by paving machine, including ck material&compaction (0 ton to 10 ton assignments) (Approx 4 tons) }` - x1 t' } 't � � � ,� �fi��}7`f�1i0.f`y1\Sl��{£�`rt;9�ytiSi•i} �'�}Yy� No.14i + s 4 V. Ir N Seacreast Blvd and NE 5th Ave ' + 1; r Problem: Existing sidewalk is bronken ands{�)t needs to be replaced. ' 451$\Sltf� tfgtRo{kap s� �s is Items. ....A.�..,_....:.:�_.._. ... , Sawcut, Remove and Replace Oft wide Concrete Sidewalk(4"thick) (Approx 256 SF) -Sawcut, Remove and Replace 4ft wide Concrete Sidewalk(6"thick)(Approx 48 SF) Ocean Drive and SW 18th Street Seacreast Blvd and NE 5th Ave Page 777 of 1106 v t saw � 4 > a�i£1���t�d �a. �. � , �v v" �i� S �"'._`t ➢r �v � �� �1�� �s4Ni<fr� v� P' P", 71 J111 F" y - ?i IN Boynton Beach'Bh dv` r wivs n SITE LOCATION � Description:Drainage problems have caused standing water at the comer of NW 3rd Ct 0 y and NW list St.The adjacent turf is higher than the edge of pavement,making It difficultip, for water to drain off the road.Edge of road failures and a large pothole have formed. a" t 7vrls �.rCURRENT CONDITION 4� } e ��� al wt �'!F v�i i"wA �-�ii e z ti4fil s�4 4 t "k t� -v \ v RECOMMENDED REPAIRS PAVEMENT: Sawcut and remove marked asphalt(roughly 400 SF). Remove base and replace with B"of compacted lime rock. +i -Apply tack coat +« Install 1.5"of S-III asphalt in two lifts(tack coat included). ,y 14 10 SHOULDER: -Along the length of the pavement repair,install 33 LF of 4 ft.wide,6"thick shellrock shoulder installed flush with nn. {' s edge of pavement(includes excavations). SWALE: Remove sod between shoulder and fence(20 fl wide)for a length of 14 ft,centered on pothole in road. Regrade the swale so the center line at 10 ft from road .1 sits 6"below edge of pavement,and replaced sod sits 1" below edge of pavement. A) r' ,� -Replace Bahia sod(280 SF) v r . NW 3rd Ct. & NW 1st St. - Asphalt Repairs mms"wa:vrxrzm®ttaszz nM MWWM r9tiv S:lEngi,"mg=Sa"wtlnlPa MP 1­%w SMCL 6 Mtat Page 778 of 1106 r b a i i��Y{t}���� �IT11 f`S r"�t� rr Ir �� o J � O rt CAM,,,k} W rfYr, tr t ow _ t �. r ' f(1Va =C E g o�� AL d � I E L" r r o m f� q�f�i� 110 c A U £ ro LL d) `v m U Mmi ;ro - 't, m 2 n 3 c o m e , d ! V� r r ,p 'h d v 4 E Mw (: N ,�I �4 u� �i� � r d 5 t �i•� �� ��y� 1 f �� � 4\ N f � �.� `t}s �r t to1a 1` fil4li, sdl; ,31 ;a $falI;S))t� ' 4-+ E �> Co rtr '1 W C �O {u� .r ( (7 rl Q m m 0) C C (� r 0 Z 13,12 Page 779 of 1106 t r { 1 S;i itt o, Flrl 1 1,14 .' a �` �`�r( d a l t '1"ASS-11 1�� r 1}i�51j � t 1c s f}rf �.n s �� rr t4 i + r�r ��- pM�rtf s4 {�r TSI 2 jt�{rt � Ell VN and St r -too Ptil r(I tr,�7 `ter t. Y � ant v.g cv 2i(r r r �i, a� t„tr� t li tlYi w as t�)A d N � 3 4 nktr s ,V;rrrt r, r�l�l ''irSS� si1r t{ ?}�5�1� `o F 00 o,�V1 'ir �r{ r��i e� {t r#� t i I 1"" 7fi1i A�� ->: i, ME i rR S1 4St rr�tf smut SI r st{ tir�(i� m tit�1 \ o', , r x VIINSr- r o w3 t r m Go 32 .Fr SW ISth.St= t0 C �N NMI� N 1 t t{� U t yt 1r s4U�7#���tdt co i oil Jrli �t`4h t 1 i o LL p mg J !¢((llljill r}#i tti� `Ut r' r s iDr Lo cg g IMF Page 780 of 1106 v L � - �",�-,-"� � tit,:•;,''t t fi St IFS t k�` � � � �� �, l,"''. v as f W 1 a- kk t ) �F Al, 4 :.y 51 T`4 10 I„ u- 1 t t I , + it F w t. ' s F,Fm , F 10 t s 7 � m r� ,G ` - a`�^ FS ✓f a t d I @2 lots" 11 a� Page 781 of 1106 I'd t t ttr k i t �r r tai xv t i r - > LL L.L. O C/J ' N CD LO C L Vw✓ CLC -gyp " L O v 42 id ti O Q) — 'O LL E a U C W O - _ m tu °= :30 O c cu O f!1 _ E U C At CO CO w � t i t O nw CL All cc t` f d ;t mN � 1 F L 3W„ ' Im L a � "�� � �si, �� � A o m `� ,fig ■� iI,} Y4i 4 V �L J N O m � E c CL � a c w � w'C ` o C O y y 1 C d 10 ig Page 782 of 1106 N+E S 1. ut and remove 11 ft x 5 ft of asphalt(6.1 SY) 2. Compact existing base add base if necessary to bring up to grade)and apply prime coat*. 3. Install 1 1/2"of S-111 Asphaltic Concrete(in 2 lifts). 1 Sawcut and remove 11 ft x 22 ft of asphalt(27 SY) 2. Compact existing base(add base if necessary to bring up to grade)and apply prime coat*. 3. Install 1 1/2"of S-1 11 Asphaltic ['Concrete(in 2 lifts). 'WE W, l, Mc ®R, .......... OR 60, j'' .............. No.8 730-736 OCEAN INLET DRIVE-REPAIRS Prime coat shall be cut back asphalt grade RC-70,or RC-250 conforming to the requirement specified in AASHTO esignation M81-75(1982)(Rate-0.10 gallons per quare yard). 'Jote that MOT will be required,however a Permit from the City will not be necessaa, Page 783 of 1106 o a uj dff t4l 1� v R t S� i I � v5 A i q � k l� \7_ , � 1`v l h Aj; �f*3�` ✓ h � �1� 1 I ���}� O v e CDca };V,, c, e r4 Y ■� c 3 .e `4 a� a cc CO lml cc Y v U cc o t. M U E N f6 � N U �- I, M ` .U). CL d U N 4) � = p S� U � _ r `n 0. N O <C J U O to O ,t S' Uti ca "a E 3 O 5 N O O X E N fn t U ... O cq co .� c3 CD � N 7 U V - c v CO m m d " 3 z • CO c n co 3 W w 0 U o u) c-° ui `r C Page 784 of 1106 E Do not overlay over concrete curbs S Z Overlay with 1"asphalt(27 Tons), >>' drag the screed on low areas. s zip � a r _ ,. Do not overlay over concrete curbs � t jjlj v it k h t , , a" No.10-POTTER ROAD- REPAIRS Page 785 of 1106 Asphalt and Concrete Repairs Proposal City Of Boynton Beach (Public Works-Engineering) Gary Dunmyer Project: Miscellaneous Asphalt and Concrete Repairs Multiple Locations Boynton Beach, Fl. 33326 ATLANTICSOUTHERN VINE AND SEALCOATING Rich Atzert Account Manager Page 786 of 1106 Your Pavement Contractor Company Info Contact Person RLANTICSOUTHERN PAVING AND SEALCOATING Rich Atert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Ichlatianticsouthernpavin .cora Sunrise, Florida, 33313 Cell:954-299-6114 Office 954-561-5305 P: 5 -531-5605 F:954-561-0465 hft-p.k/www.at1ant1csouther pavinq.com About Us We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving $ Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video AboutUs: CLICK HERE FDOT Certified r ct r Page 2 Page 787 of 1106 ADE°L®ATGProposal: Miscellaneoushalt Concrete Repair M,AN5LCIN Ocean Drive & SW 18th Street 1. Item 3-32 hours @$19.00 per hour. 2. Item 4- 15 @ .38 each. 3. Item 7- 10 @ .40 each. 4. Item 38-4 @$390.00 per ton. 5. Item 50-70 @$1.80 per sqyd. Total Price for this item: $2,303.70 N. Seacrest Blvd & NE 5th Ave 1. Item 4- 15 @ .38 each. 2. Item 3-8 @$19.00 per hour. 3. Item 7- 10 @.40 each. 4. Item 38- 1 @$390.00 per ton. 5. Item 93-256 @$7.50 per sqft. 6. Item 94-48 @$10.50 per sqft. Total Price for this item: $2,975.70 NW 3rd Ct. & NW 1 St St. 1. Item 3-48 @$19.00 per hour. 2. Item 4-30 @ .38 each. 3. Item 7-20 @.40 each. 4. Item 23- 15 @$30.00 per CY. 5. Item 27-32 @$2.70 per SY. 6. Item 31 -44 @$15.00 per SY. 7. Item 32-44 @$3.00 per SY. 8. Item 38-@$390.00 per ton. 9. Item 39- 1.5 @$95.00 per ton 10. Item 53-44 @$20.00 per SY. 11. Item 52-33 @$35.00 per LF. Total Price for this item: $5,607.30 Page 3 Page 788 of 1106 Proposal: isc ll n o l Concrete a air , Q LANTIING EOUTHERG Ocean Ave. & NE 4th St. 1. Item 3-24 @$19.00 per hour. 2. Item 4-30 @ .38 each. 3. Item 7-20 @ .40 each. 4. Item 23-5 @$30.00 per CY. 5. Item 31 -8 @$15.00 per SY. 6. Item 24-7 @$27.00 per CY. 7. Item 38- 1 @$390.00 per ton. 8. Item 79- 1 @$175.00 each. 9. Item 85-2 @$3,000.00 each. 10. Item 86-30 @$39.00 per LF. 11. Item 87-50 @$47.00 per LF. 12. Item 93- 12 @$7.50 per SF. 13. Item 99-300 @$5.00 per SF. 14. Item 100-300 @$2.00 per SF. Total Price for this item:$13,209.40 LWDD Crossings sidewalk Repair 1. Item 3-20 @$19.00 per hour. 2. Item 4-20 @ .38 each. 3. Item 7-15 @ .40 each. 4. Item 94-157 @$10.50 per SF. Total Price for this item: $2,042.10 Industrial Ave. 1. Item 3-8 @$19.00 per hour. 2. Item 4-20 @ .38 each. 3. Item 7- 15 @ .40 each. 4. Item 94- 116 @$10.50 per SF. 5. Item 95- 1 @$300.00 each. Total Price for this item: $1,683.60 Page 4 Page 789 of 1106 Proposal: Miscellaneous AsphaltConcrete it A ANTING AND OUTH R Demonstration Park 1. Item 7-20 @.40 each. 2. Item 28- 145 @$3.20 per SY. 3. Item 53- 145 @$20.00 per SY. 4. Item 98-50 @$2.00 per SF 5. Item 23-30 @$30.00 per CY. 6. Item 24-30 @$27.00 per CY. 7. Item 81 - 1 @$75.00 each. Total Price for this item: $5,257.00 Miscellaneous Asphalt and Sidewalk Repairs-Project No. 1 1. Item 93-2,000 @$7.50 per SF. 2. Item 94-2,000 @ 10.50 per SF. Total Price for this item: $36,000.00 300 POA Raod and Sidewalk Removal 1. Item 4-30 @ .38 each. 2. Item 7-20 @ .40 each. 3. Item 27-955 @$2.70 per SY. 4. Item 24-48 @$27.00 per CY. 5. Item 53-734 @$20.00 per SY. 6. Item 93-600 @$7.50 per SF. 7. Item 94- 190 @$10.50 per SF. 8. Item 98-2,000 @$2.00 per SF. Total Price for this item: $29,068.90 Potter Road 1. Item 4-20 @ .38 each 2. Item 7-20 @.40 each. 3. Item 50-98 @$1.80 per SY. 4. Item 40-27 @$175.00 per ton. Total Price for this item: $4,917.00 Page 5 Page 790 of 1106 Price Breakdown: Miscellaneous Asphaltcr , AM , G�� ®Uaa��� Repairs Please find the following breakdown of all services we have provided in this proposal.This proposal originated on March 15, 2019. Item Description Cost 1 Ocean Drive&SW 18th Street $2,303.70 2 N. Seacrest Blvd&NE 5th Ave $2,975.70 3 NW 3rd Ct.&NW 1st St. $5,607.30 4 Ocean Ave. & NE 4th St. $13,209.40 5 LWDD Crossings Sidewalk Repair $2,042.10 6 Industrial Ave. $1,683.60 7 Demonstration Park $5,257.00 8 Miscellaneous Asphalt and Sidewalk Repairs-Project No. 1 $36,000.00 9 300 POA Raod and Sidewalk Removal $29,068.90 10 Potter Road $4,917.00 Total: $103,064.70 Authorization to Proceed & Contract The above prices,specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up to 90 days from the date of the proposal. Page 6 Page 791 of 1106 PAYING AND SULCOATING Proposal: : i II I ConcreteIr SOUTHERN Payment Terms We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: k .. Gary Dunmyer I City Engineer Rich Atzert f Account Manager City Of Boynton Beach(Public Works-Engineering) Atlantic Southern Paving and Sealcoating 3301 Quantum Blvd, Suite 101 6301 West Sunrise Blvd Boynton Beach, FL,33426 Sunrises Florida, 33313 9.com [3unmyerc� flus 0:954-299-6114 : 561-945-9394 P: 954-561-5605 561-742-62.31 F: 954-561-0465 hh // .atianticsouth rn)avin .corn Page 7 Page 792 of 1106 Attachments ATLAMSOUTHERN PAVING AND SWCOATING Please click any of the links below to view and print all documents. Company Attachments About Us COI 2,019 Page 8 Page 793 of 1106 Greco-Arencibia, Adrianna From: Javier,Andrea Sent: Monday,April 15, 2019 10:14 AM To: Greco-Arencibia,Adrianna Cc: Miller, Keyla Subject: RE:Atlantic Southern Paving &Sealcoating - Certificate of Insurance&W9 Attachments: The City of Boynton Beach Certificate.pdf Approved! Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management Mailing Address: P.O. Box 310 ( Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 ( Boynton Beach, Florida 33426 " 561-742-6044 tw , JavierA@bbfl.us ( boynton-beach.org/ sLWJ 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 <Greco-ArencibiaA@bbfl.us> Sent: Monday,April 15,2019 10:02 AM To:Certificate of Insurance<COI@bbfl.us> Cc:Javier,Andrea<JavierA@bbfl.us>; Miller, Keyla<MillerK@bbfl.us> Subject: FW:Atlantic Southern Paving&Sealcoating-Certificate of Insurance&W9 Importance: High Good morning, I show that this COI was already approved by Risk last year, but I cannot find the email with your approval. Can you please review and approve again for a requisition I need to enter,thank you. Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. j Boynton Beach, Florida 33435 r 561-742-6596 561-742-6211 Greco-ArencibiaA@bbfl.Lis ( r boynton-beach.org/ 1 Page 794 of 1106 d 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:Thursday,September 27,2018 8:49 AM To: Krasnoff, Leah <KrasnoffLL=_bbfl.us> Subject:Atlantic Southern Paving&Sealcoating-Certificate of Insurance&W9 Hi Leah, I have another vendor I need entered for a requisition. Thank you From: Ketura Walters<ketura E:atlant.c�puthernj,ayiry-,corn> Sent:Thursday, September 27, 2018 8:09 A Greco®Arencibia,Adrianna<Greco-Arend iaA �bbfl.us> Cc: Rich Atzert<Rich�a��� lanticsou ........... _. Subject:Certificate of Insurance&W9 Good morningattached you will find the certificate of insurance for Boynton Beach along with our W9.Should you have any questions or concerns please do not hesitate in contacting us. Ketura Walters ATLANTICSOUTHERN Director of First Impressions €W�- rAil(OA,3110a ketura@atianticsouthempaving.com Corporate Office: 301 West Sunrise Boulevard Office: 954.581.5805 Sunrise, FIL 33313 954.581.0465 Services Nationwide withoffices in Southeast, Southwest and Central Florida. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in, Security, archiving and compliance. To find out more Click Here. 2 Page 795 of 1106 AIlCOPREN CERTIFICATE OF LIABILITY INSURANCE F 0 DATE(MMIDDPYYYY) 6/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS IGTS UPON THE CERTIFICATEHOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY , EXTEND OR ALTER THE COVERAGE FFOR U BY THE ICI S BELOW. TMS CERTIFICATE OF INSURANCE S NOT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEOR PRODUCER,AND THE CERTIFICATE OL R. 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 lien of such endorsement(s), PRODUCER Bowen, iclette Britt of Florida, LLC NAMPHOTeresa Maddox FAx 1020 N. Orlando Avenue, Butte 200 LAM, M:( o7)628-1635 Maitland FL 32751 ADDRESS: certificatesbfnlnc.crlrrt INS U i(S} FORDING COVE GE NAIC INSURER A:Amerisure Mutual InsuranceCompany 23396 INSURED ......... ATLANTIcSO .... .....—.... INSURpR B:ArnerisLlre Insurance CernFanY... 19466 Atlantic Southern Paving Sealcoating, LLC _ P.O, Box 15591 INSURER c e Fort Lauderdale FL 33313-5591 INSURER D: INSURER E: ...-... .... _...__.. ---- COVERAGES C TIFICAT NUMBER:1975683357 REVISION : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT..... -..., .ADDL SUBR POLICY EFF �LICY EXR ,. LTR TYPE OF INSURANCE POLICY NlIMI3ER MMlgiD FAMPbD19"YYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y :GL20934780402 7/28!2018 7/28/2019 EACH OCCl@RIvEIVGE $1,0®0,000 CLAIMS-MADE OCCUR i ' rb TOREWEi3.... .... - _PREMISE$(Ea=;wrrence $1,000,00D MED EXP(Any one pervon) $10,000 .. ..... —.. ( PERSONALS ADV INJURY _$1,000,000 ...._ GEN'L AGGREGATE LIMIT APPLIES PER �..GENERAL AGGREGATE $2,000,000 ---.,,POLICY®PRO- .....—...._...---_. ..._ ..._ ;.. JECT LOC j __-PRCDLICTS-COMP/OP AGG $2,000,000 .. ...._. OTHER: ..... .... ........._ $ ...._. A AUTOMOBILE LIABILITY Y ( Y CA20934760402 I 7/2812018 I 7128!2019 1 COMBINED 5INOLL LIMIT � .,,LEa aociden4j. .. 1$_7,000,,00_D..._ ..-�ANY AUTO BODILYI URY(Perperson) $ ALL OWNED SCHEDULED _ . . ...-.-. AUTOS DILY INJURY Per accident) $ NONOWQED _ .....-x HIRED AUTOS PRCAGE AUTOS LPeraccldenO $ .... ........ ................ - i PIP Per Person $10,000 B X UMBRELLA LIAR }( Y Y CL120934900401 7/28)2018 ( 7/28/2019 (-_EACFI OCCURRENCE $5,000,000 OCCUR EXCESS LIAR ., .---- ..__. ........_-- CLAIMS-MADE AGGREGATE ... $5,000,000 .----�._.._ .— _._. .... ...._ _.. DED RETE ION$ _. $.. A WORKERS COMPENSATION Y WC21058140102 7/28r2018 712812019 X i PER OTHI- AND EMPLOYERS°LIABILITYY/ STATUTE _.ER ..... ANY PROPRIETORIPARTNERP ECUTIVE E L EACH ACCIDENT $1.000,000 OFFICE EMBER EXCLUDED? N 'NIA; �.... ........ .__. , ,(Mandatory In NII) E.L.DISEASE-EA EM9F'LC7YEE:,$1,000, _._._._ 'If yes,describe under _. _..... DESCRIPTION OF OPERATIONS below (E.L.DISEASE-POLICY LIMIT $1,000,000 I i I ( i DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The following policy provisions and/lar endorsements form part of the policies of insurance represented by this certificate of insurance.The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailinge ceffificates@bmbinc.com When required by written contract,those parties listed in said contract,including the Certificate Holder,are added as an additional insured with respect to the General Liability,Including ongoing and completed operations,Auto Liability,and Umbrella Liability as afforded by the policy and/or endorsements. When required by written contract,waiver of subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Umbrella See Attached... CERTIFICATE HOLDER C NC L TI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS, 100 E. Boynton Beach Blvd. -- -- Boynton Beach FL 33425 AUTHORIZED REPRESENTATIVE _ 1968®2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 796 of 1106 AGENCY CUSTOMER ID: ATLANTICSO LOC#: A ®® ADDITIONAL E Al KS SCHEDULE Page 1 of 1 AGENCY I NAMED INSURED Bowen,Miclette&Britt of Florida,LLC Atlantic Southern Paving&Sealcoating,LLC �nm. P.O.Box 15591 POLICY NUMBER Fort Lauderdale FL 33318-5591 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability to those parties listed in said contract,including the Certificate Holder. The General Liability,Auto Liability,and Umbrella Liability certified herein are primary and non-contributory to other insurance available,but only to the extent required by written contract. ACORD 101(2008101) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 797 of 1106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number 1 Policy Effective Date GL20934780402 0845507 07/28/2018 Policy Expiration Date Date Account Number 07/28/2019 10812793 Named Insured I Agency Issuing Company ATLANTIC SOUTHERN PAVING & iBOWEN MICLETTE & BRITT OF AMERISURE MUTUAL INSURANC- SEALCOATING, LLC FLORIDA, LLC COMPANY 1, a. SECTION II-WHO IS AN INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business;or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract,written agreement,or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy;and (2) Be executed prior to the"bodily injury","property damage", or"personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work"began under a letter of intent or work order;and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work;and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a)Own; (b)Rent; (c)Lease;or (d)Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury'or"property damage"occurring after: Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 15 Pages 1 of 4 Page 798 of 1106 POLICY# L 02 EFFECTIVE DATES: 0712812018-07/28/2019 (a) All work to be performed by you or on your behalf for the additional insured(s)at the site of the covered operations is complete,including related materials, parts or equipment(other than service, maintenance or repairs);or (b) That portion of-your work"out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project, (3) Completed operations coverage, but only if: (a) The written contract,written agreement,or certificate of insurance requires completed operations coverage or'`your work"coverage;and (b) This coverage part provides coverage for"bodily injury"or"property damage"included within the"products-completed operations hazard". However,the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract, written agreement,or certificate of insurance: (1) Requires"arising out of language;or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 10 01;or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20371001, then the phrase"caused, in whole or in part,by"in paragraph 2.a.above is replaced by"arising out of'. c. If the written contract,written agreement,or certificate of insurance requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13;or (3) Both those endorsements with either of those edition dates;or (4) Either or both of the following: (a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified:or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CIS 20 37 without an edition date specified; then paragraph 2.a.above applies. d. Premises, as respects paragraph 2.a.(1)above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b)or 2.a.(1)(c)above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement: (3) Certificate of insurance:or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 10 1S Page 799 of 1106 POLICY#GL20934780402 EFFECTIVE DATES:07/28/2018-07/28/2019 g. The insurance provided to the additional insured does not apply to"bodily injury", "property damage",or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of,or failure to render,any professional services, including but not limited to: (1) The preparing,approving,or failing to prepare or approve: (a)Maps; (b)Drawings; (c)Opinions; (d)Reports; (e)Surveys: (f)Change orders; (g)Design specifications; and (2) Supervisory, inspection,or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a.Primary; b.Excess; c.Contingent;or d.on any other basis; but if the written contract,written agreement,or certificate of insurance requires primary and non- contributory coverage,this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured,and we will not share with that other insurance. i. If the written contract,written agreement,or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85,then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h.Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h.Other Insurance shown above. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(FORM B) l This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract,Agreement,or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) I WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown j in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of Insurance Services Office, Inc. CG 7048 10 15 Pages 3 of 4 Page 800 of 1106 POLICY#GL20934780402 EFFECTIVE DATES:07/28/2018-07/28/2019 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 4 CG 70 4810 15 Page 801 of 1106 C;oversheet Page I of 7.C. BIDS AND PURCHASES OVER$100,000 881/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: Award Bid rico.01 0-.2512-18/IT to the two(2)lowest responsive and responsible bidders,Atlantic Southern Paving and Sealcoating,LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc.d/b/a All County Paving of Delray Beach,Florida as Secondary Vendor,for Asphalt and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00.The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. EXPLANATION OF REQUEST: Initial Bid Term:August&,2015-August 7,2019 The purpose of this contract is to provide asphalt and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined within the bid documents. It is intent of the City to place order with the lowest priced bidder, designated as the Primary Vendor;the next low bidder will be designated as the Secondary Vendor. Purchase Orders issued under the Secondary award will be issued when the Primary Vendor voluntarily defers the'None,when the Primary Vendor is unable to perform or when the City determines that the Primary Vendor's rnaximurn service capacity has Yeen reached (based upon outstanding City Purchase Orders)and additional service capacity is still needed by the City to meet City's service timeframes. In the next 12 months,it is anticipated that Public Works Engineering, Utilities,and Facilities will use this contract for approximately$3 million worth of road and sidewalk rehabilitationtrepairs,parking lot sealcoating and parking lot construction. On June 15,2013,the City opened a total of six(6)submittals to this Bid.The submittal from Florida Blacktop,Inc.was deemed non-responsive for not meeting the minimum licensing requirements of the Bid. The submittal from Janie M. Riley, Inc. dba The Paving Lady was deemed non- responsive for failure to return Addendum No.1 as required by the Bid. In accordance with the terms and conditions of the Bid,the City reserves the right to retake multiple awards for this Bid and to award to the vendor(s) whose bid represents the most advantageous bid to the city, price and other factors considered.Awards may be made to a rnaximuen of two(2) responsive,responsible bidders on an item-by-item basis or for all items,whichever is in the city's best interest. In order to establish the lowest responsive and responsible bidders for award of this Bid,Public Works Engineering staff took what they estimated to be a typical project for the City and entered each vendors unit price into a quantity take off for that project.The results showed that Atlantic Southern Paving and Sealcoating was the low responsive bidder(primary)and M&M Asphalt Maintenance, Inc. dba All county Paving was the second low responsive bidder(secondary). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age, they are requiring more maintenan (i.ed pothole and crack repairs). The award of this bid will allow staff to begin the process of rehabilitating the City's roads and thus add 15+ years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. FISCAL IMPACT. Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES. Reject all bids received.Res®licit the requirement.Require staff to perform these services in-house. STRATEGIC PLAN: STRATEGIC PLAN APPLICATIOW CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: httns://bovntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=4400&M...PS��8of 1106 Coversheet Page 2 of 2 ATTACHMENTS: Type Description 13 Tab Sheets Bid Tabulation-Asphalt and Sidewalk Rehabilitation 0 Bid Price Analysis-Asphalt and Sidewalk Rehabilitation a Bid Advertised Bid-Asphalt and Sidewalk Rehabilitation 13 Bid Bid Attachment A-Technical Specifications a Bid Addendum No. 1 to Bid 13 Bid Addendum No.2 to Bid https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=4400&M...P W3%f 1106 City Boynton Beach �4 inancel rocurement Services . .Box 31 Boynton Bench,Florida 33425-0310 Telephone No: (561)742-6310 ,. l=A.X: ( 1)72®6316 August 1 ,2015 Michael Curry, President Atlantic Southern Paving&SealcoatingL 6301 W. Sunrise Blvd. Sundse, FL 33313 ':IIA E-MAIL TO:mjamescurry@atianticsouthernpaving.com REF:AWARD OF BID NO. 010-2512-18/17®ASPHALT ASIDEWALK REHABILITATION (ANNUAL CT CT) Dear Mr. Curry At the meeting of August 7,2015, City Commission awarded the subject Bid to your firm.The initial term of the Contract will be from August 5,2015 thru August 7, 20100 link to the approved agenda item and associated backup may be obtained at the following link: ttrjs:l oynton eac novusa-genda com/agendaintraneVCoverSheet as sn?ltem] =4400 eetiggl -197 Please submit your company's Certificate of Insurance, in full accordance with the terms and conditions of the Bid to my attention at your soonest convenience: Please ensure that the City of Boynton Beach is listed on the Certificate as ars additional insured. In addition, please submit Performance and Payment Bonds in the amount of$350,000. Upon receipt of the Performance/Payment Bonds, properly recorded in Palm Beach County records and Certificate of Insurance, e will provide you with a purchase order. The Contract Manager for this Contract is Gary Dunmyer, City Engineer, Telephone: (561) 742-6231 and e-mail: unmra e flus. We would like to thank you for responding to this Invitation to Bid and we look forward o working with Atlantic Southern Paving&Sealcoating on this requirement. Sincerely, f le Il se Triestman, CPPO, Clip Purchasing Manager cc: Gary Dunmyer, MBA, P.E., City Engineer Central File File America's Gateway to the Gulf Stream Page 804 of 1106 HIE Z S, 1.4 > 11 22 z Ina z > z Z z E E E Tru 14"Am bi V - �� 1 J,!1m;q j 9 t5 bi z W E BBz 6 LUo Q em 49 qj DZ mg Zi Z Z Z Lu LU z 0 M 0 uj w w2 4 <n w IL w to Uzi a: 0 0 0 0 0 W 0 z F- Z- V 0 -.2. iL E 0 w z w tu W 2 2 6 9 ?- 1< 11 Lu F Z Ms a 0 LU w 0 to ow .1 A, �3 z:L1 ww z a lu 4c UJ UJ -C 6 w 00 -Z 7 < , 22 8 w z 9 2 1 E LOD 0 z '26 0 0 z Z. H ix - . 1 1", 0 LU m m L3 ui 0 0 0 C, z -C -0 Ld Page 805 of 1106 Greco- rci i , Adrianna From: Dunmyer,Gary Sent: Friday,August 24, 2018 4:51 PM To: Greco-Arencibia,Adrianna Subject: PO for Atlantic southern Paving and Sealcoating On the 111 meeting in August the commission approved $3,000,000 for this contractor. Ilyse may have the approved COI. Has the PO been issued? If not can you look into doing it for me? Gary Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering ' Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33426 ` Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 Y � Y ! 561-742-6231 °ti 3 DunmyerG@bbfl.us boynton-beach.org/ w 91 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. r 1 Page 806 of 1106 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 191020 BOYNTON BEACOH,FOLORIDA 33425-0310 DATE: 04/25/19 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 73702 ORDERING DEPARTMENT: FACILITIES/ALGA/GM i DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 52597. 00 DL ADDENDUM #1 - LABOR, MATERIALS, 1.0000 52597. 00 TOOLS COMMISSION APPROVED 0:8/0.7./18 RESOLUTION. ZaTO.. 'R,1.8 1.0:4 REQ N01:4O 1$ 2 5::7 1 18>/3 i' SUPPLY ALL' LABOR, MATERIALS,. T.00LS.fi EQUIPMEi�TT, HARDWA E, .S'UPPLIES":;AND SUPERVISION FOR THE T.INSTALLATION OF (9:) NINE..R01 L-UP DOORS.:AND;: MOTOR : OPERATORS. I CONTROL BOX ;TO :BE. MOUNTED BETWEEN VERTICAL::TRACKS ' DOORS :SHALL BE-:::.9' : (W.) X 13'._0" (R);, . THEY :SHALT BE: MADE:-OF`STEEL WITH A ,CHAIN _ HOIST AND MOTOR; ;QP:ERATORS:AND`:HAVE. :A 2.0" .OF. HEADROOM.:: 2 11000 . 00 DL REMOVE FENCE &::POST 1 0: 00 11000. 00 RELOCATE. FENCE, AND';POST:. :(PER . SKETCH) : . PROVIDE AND INSTALL 2:00A.:METAL STtrDs`..WITH::5/8 DURA .ROC# .,.EACH..SIDE..,, .. CAULK ALL JOINTS. AND .PRIME AND PAINT WISHERNIIN WILLIAMS . EXTERIOR COLOR;:, WINDRIDGE .:(MAB5;105 IN' TERIO'R COLOR: STUCCO (SW237-19) PER SKETCH. 3 1910. 00 DL PERMIT FEES 1.0000 1910. 00 PROCUREMENT SERVICES: G 1-/ � y 7F .O. TOTAL: ACCOUNT NO. PROJECT yr P f 501-2516-519.49-17 PURCHASING Page 807 of 1106 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101P. P.O.X 310 #: 191020 BOYNTON BEACH,BFLORIDA 33425-0310 DATE: 04/25/19 VENDOR 14283 SHIP TO: TO: ANZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 73702 ORDERING DEPARTMENT: FACILITIES/AGGA/GM ® ® •! DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMP.RKS INSTALLATION OF' DOORS & WALLS AT NEW FLEET' BAY TASK ORDER F-21 2 019 PROCUREMENT SERVICES: P.O. TOTAL: 65507. 00 ACCOUNT NO. PROJECT $ 501-2516-519.49-17 PURCHASING Page 808 of 1106 r z TBEACH CITY OF BOYNTON REQUEST FOR PURCHASE OVER $10�000 17 l Requesting Department: ContactPerson:. ,4✓, APO Explanation forPurchase: 1A),5rW e,4-7Ia,PJ 0,4' bodejs 0 W44C .47- IWC AIZ!!W ,11-667' oe.,n.0A1 j r F- /- ! eco ended Vendor ,q,� � ollar mount of urc _ - -- ource for Isurease 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: '6P-,IP'-' ; NOTE: Pricing proposal for purchase must r _J 1 ®�®2 jo N �� �� ✓^ be presented in the same detail contained within the contract. Fund Source forPurchase: Approvals: Department Head Date 23 Purchasing Agent - _- ., Date Asst City Manager l Date City Manager ,� _ _ Date , I~ Form Revised 02/01/02 Page 809 of 1106 m m i vi H i dw7 �N W i i d E I ! E9 C7 Q 43 Q i i 1 Q C2 Q Q y� I 0 in ri Q i �in (m7 4T1 In N ri H in Q a i In a-i w r4 w 8 � e ' a i ' W 8 i I 1 i P t i I t i 1 8 ' I I Q Q Q i Q C. C) W z c i 0 O Q Q 96a W W0 i ° Q C7 Q rid I CT9 Q CQ1 Q E 1 Q 0 H Q i r-i H ri E W 1 in Q b$9 in i �( CN i I d i E� o- I � V C) I-7 a H M t Q 0 Q �3 0 oM H � 1 O C3 o- H Q m Q C!4 - 0 C) I ; E t H 1 ca O N W a i z $$ W rs 0 0 00 z o . H to c Q C m H a Q u r3 C WE+ w CY Ln HE a , ria W I co „ .. Ea i t&' r.a W 1 m I- ca O .. O �DCb W u z7 i E 0 z c®3 iX O m � w t 2 W W >4 p in� 0 N En P4WQ WQ Quu rq Q H OP i 1 C!l F40wlYh Ca •C!3 fir' M M � rte-0 W '.iia :Emu m W - -7 U O O EI —E-+OWE® :4O H E+C4' 94 E+ W EI H 1-1 p El e7 i Q it2"t',q mopes u ",J'OX0 FW EW 1 .40 s iri is p E/�W,-7 H H`i r W Q H P4 0 O m W ca 0 Cx1 a �e rn crj Oche✓x m2nfx t14 acaU QP4 QP`El" �Fq> r4 6XE@ I et} E/ I - W17 WW En aF WW WW ILI" e1 >4W MZMHO Ix 76i3 ri4 i a� H HO Fl Z, UUUC..)UCJ g 0 FA cnw C� -7 W W"we7H 7 p CaW7 �I�XO XMN04 as �11� �� rk �W'b�P4P49x � Li WWWWWW W 0 fil z x �Rc w Q dx E+ C�7 C fx Cr H00 rr E WQHO cq W ca 0 4H U4000000 o 0 H Ed C : cn O N H 11 E rWQ CY "� -UWQ WAP -m a H a E+ a W�.-.PW r.�I®1 a 1 H a 1 QW H rna%0 ws,Ul Q JQr,44L¢31t;CJ C) O Gx ri rY H Ea m e 7 'Q N P4 I Eo-Ul M,i in Q fY Q C14 Gd ra 77 iv H O a Cw m w�,re c red in ix Q P�Q Psi baa in M P4 O O b4 W W o IS rA I O W° iX Q 40 t 1 a�ts 0 N <al U�U ME-+Q ra ra HU„yeH W m °xQ °mo i i 4 Z 1 a lD z •..-g vn .. W� a4y H°r.Cle t H r-i ri H 0 UZ °mow H ®7 H °H aN Mar, �.Z>+n W`�-o 1 E-«w €4 kD z Ea H 1 O O o al -E+W O M E-1 Q W E W ch Ee Q W H O -d r-4 H O E i H H 4W4P4 t4 JeH riaW U OHH rsaHX 3L IPP in H ca fa 1 m E' MNOQX EI r4OHQ i Q =ice Oclr N ra EH+ O s Q1yv� O ggOEU QEa CSO W Qw gHr QCa E+OO Ct ri A H �a H o-•� e-7` °'„"pe I-i Cf� ;��`py� C.) w` H i pa W°M u H U 1 U0 Q Q m U I W O asQE+9H rx W�`.ru QQ e"� QN M xm I o7 in Ln in H O CFF P W m CY as W�MWa$ Q MOD e 0 nz QaD r4O� + E+ W 1 CdQ Gni W : zpaW OWNUM wW C HMUM mum P CY Q i KC u r4 14 H H Q> Q M 0 134 Pa ai C 2” P4 i W 04 i X Z a°e I ri CNCwP J W w H M i H r-1 NM 4zt H , t a + Page 810 of 1106 CN CN Z W W E-1 0 z MO : PU z F I- R-� u H U) 0 4 z 0 1 � U C) a C7 (D u : Ca 0 0 m rX4 m r-4 �4 40 z z >z i Ix 0 00 P P4 H P4 0 Z � 0 P4 N a DQ w ril > z pq Cfl ril z M, 0 mw z 0 W � i EP En C67 1 H Of w rX Ek z W rA 0 FA 0 u HH � co 0x UE� Q� H t t4 F4 uCJ OD ;v E� X 04 0 C) " U) H --, H E A co OD q m 0 > I z E-1 H 1 0 0 EI0 04 LnFH HP4 04 H0 H 4 4 Z W4 0 z 00 M N 0 cn L) 1 0 z z H M 0 H 0 cn H Os 0 E-4 W p H H o U W04 H paQ z 0 �4 Z 0� k 0 ate' i m fyj w 0 CY N W 0 > 0 Page 811 of 1106 REQUEST FOR OFFICE ASSISTANCE FROM: j% b 01 Z Date: 41 17 • PRIORITY/DATE NEEDED BY: 0 Request for 121/Direct Pay Req. for the attached-Vendor or Person to be reimbursed: Account Number: Project No.: _ 0 Request for Requisition -Vendor: AAiz-e,,61., lAle- Account Number: 150 4 --EGL(—P- SICL C!q - t I Project No.: List Items w/Quantities & Unit Costs on the back of this request. COMM)-cd/oyl Appamd q-)J/& El Verbal Quotes($500 to $1,999): Ac )emdo,-Z�ern -A-0 101 Resolti�io-n No, A-"k ot Vendor: Cost: Date: Person Spoke With:- Phone Number: COX Appld, by Vendor.- Cost- Date: 0-010t A04 otcf Person Spoke With: Phone Number: Vendor: Cost: Date: Person Spoke With: Phone Number: El Written Quotes ($2,000 to $9,999.99)-Attached. El Written Quotes($10,000 to $24,999)w/Purchases over$10,000 or -Attached. El Bid/Cfty(Over$25,000): Bid # 0 it they Entity(Over$25,000). Bid #, Bid Eft. ates® & Bid Quotes-Attached. El File As: OTHER:A6C11- Q-2 cnW -2615f 17 k Special Instructions: 10-C z4f Request completed by: Date completed: Please sign and ret&n" form tate Office Staff's Inbox; feel free to make any comments below. Page 812 of 1106 F-21-2019-Fleet Relocation(Roll-up Doors)-222 ht.E.9th Ave. RFQ NO.018-2511.18/IT PRE-QUALIFICATION F CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-RID FOR Addendum#1 ITEM" _.. . ..� v- DESCRIPTION PP V all!altar,materials,toil — UNIT TOTAE Su l Addendum s,equipment,hardware,supplies and supervision #f2 be Doomo h�e be et ween vertical tracks. p C€rrotrza3 box to 1 LS for the installation of nine roll-updoors and motor operators. (tee)x 13'-0 (Fv),they shall be iriade sof steel wvtlr a chatrr hor r r �---� and rnotor operators and have 20"cif headroom. _. Door shall meet the specifications of attached NOA ` — � � r — . Done shah[match the attached Picture,ncatcsr shall match Sherwin illia¢ras mdridge(i AR51t}&} 'The doors vertical tracks shall be installed/attaehed to the I-beam per the a s attached sketch. sem„ The above sized Storm Tete series rolling door(s)as manufactured by Rolling Door Parts.Door standard features to include this following:Curtain slats will be 4 ,�b galvanized pai F-21-2019-Fleet Relocation(Rolf-up Doors)-222 N,E,9th Ave. RFQ NO.018-2511-18JIT PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM Addendum 91 I1 EM DESCRIPTION QTY UNIT TOTAL Addendum Supply all labor,materials,tools,equipment,hardware,supplies and supervision' WI for the installation of(9)nine roll-up doors and rnotor operators.Control box to Z LS be mounted between vertical tracks, :30o Don shall ba xthey shall be made of steel with a chain hoist 4 _6 B ARM` and motor operators and have 20"of headroom. ,-Doors shall meet the specifications of attached NOA Door shall match the attached picture,color shall match She in Willie Windridge(MAB5106), U14 iThe doors vertical tracks shall be iwtalledlattached to the I-bearer per the attached sketch. The above sized Storm Tire series rolling door(s)as manufactured by Rolling Door Parts.Door standard features to include the following:Certain slats will galvanized painted steel,Curtain will beprovided with steel endiocks or malleable Iron endlocks on alternate slats.Windlocks will he used as required to meet design wind load,minimum 60 psf.Guides will be three structural steel angle&Brackets will be not Tolled steel plate to support the barrel, Counterbalance and hood.Counterbalance will be helical torsion springs housed in a steel pipe with a deflection limited tel.03"per foot of spare(width)and adjustable by means of an external tension wheel.All non-galvanized,exposed, ferrous surfaces will receive one coat of rust inhibitive primer> white or galvanized steel flat slats. Miami Dade hurricane rated. R�ur ngs are currently 10'6"but will end up around 9'6"after new do rsaelied.Addendum ove fence and Post;Relocate fence and post(per sketch) .......... #1 1 LS go 0 Provide and install 2 g metal studs With -dura'rock each side.Caulk all W0 joints and prime and paint with Sherwin%rilliammrin s Exterior Color. dridge AJ (MABS105),Interior Color:Stucco(5 737-1.9),(per sketch) Provide and Install new 36"x 84"hollow metal door,frame,and panic hardware,(per sketch) Percent Fees CE GRAND TOTAL BID PRICE Total Bid Price(in words) 4411,1i AV4 Name of Firm Submitting Bid Proposal -n 14LC e. (PRINT) Name of Person Submitting Bid Proposal (PRINT) Name of Person Submitting Bid Proposal (SIGNATURE) Date, Page 814 of 1106 F-21-2019-Fleet Relocation(Roll-tap Doond-222 N.E.9th Ave, RFQ NO.018-2521.18/IT PRE-QUALIFICATION OF CONTRACTOFIS FOR MINOR CONSTRUCTION SERVICES-BID FORM Addendum#1 I ITEM D 5CRIPTIDN YY _m UNIT TOTAL .._.� — _ —.... rSupply all labor,rnateriafsa toads,equiprnerat,hardware supplies and seeps islon for the installation of(9)mine rall-up doors and motor operators.Control box t 1 L5 028062.94 be mountedeery vertical tracks. Doors shall be 9°-6e6(w)x 13'-0"(h),they shall be made of steel with a chair-hoist and motor operators and have 20°"of headroom, Doors shall atseet the speclflcations of attached NC1A Door shall snatch the attached picture,color shall match She est�Uilli ms Iraridge( ABS10 ), The decors vertical tracks shall be installed/attached to the I-beam per the attached sketch, The above sized'Storm T`ite series mailing door(s)as manufactured by Rolling Door Parts.Door standard features to include the following;Curtain slats will e galvanized ed painted steel.Curtains will be provided with steel endlocks or malleable iron endlocks cera alternate slats.Windlocks will be:used as required to meet design wind load,minimum 60 psf.Guides will be three structural steel angles.Brackets will be hot resiled steel plate to support the barrel, counterbalance and head.Counterbalance will be helical torsion springs housed in a steel pipe with a deflection limited to.03"per foot of spare(width)and adjustable by means of ars external tension wheel,All non-galvanized,exposed, ferrous surfaces will receive one coat of rust inhibitive printer. White or galvanized steel flat slats. Miami Dade hurricane rated. Openings are currently 10'6"but will end up around 9'6"after new doors are installed. Addendurn Remove fence and Post®Relocate fence and post(per sketch) -- 1 LS 30,40(L00 Provide and Install 20ga metal studs with s/B"dura-rock each side.Caulk all Joints and prime and paint with Sherwin Williams Exterior Color:haindridge ( A0 i ),Interior Color:Stucco(SW 7-19).(per sketch) Provide and install new 36"x "hollow metal door,frame,and panic hardware.(per sketch) Sub-Total Permit Fees 7,309.06 -- GRAND TOTAL BID PRICE 114,771.00 One hundred fourteen thousand seven hundred Total Rid Price(in words) seventy one&00/100 dollars Name of Firma Submitting Bid proposal Republic Construction Carp (PRINT) __... Name of Person Submitting Bid Proposal Steven Neubarth Name of Person Submitting Bid Proposal (SIGNATURE) Date: 4/10/2019 Page 815 of 1106 kDq AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MINOR CONSLITRUCTION SERVICES CONTRACTOR THIS AGREEMENT is entered into between the City of Boynton Beach,hereinafter referred to as "the CW.and ANZCO,INC.,hereinafter referred to as'CONTRACTOR',In consideration of the mutual benefit%terms,and conditions hereinafter specified. f° PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction seMces in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERWCES;RFO No.: 818-21321-1811T. 2. SCOPE OF SERVICES/PROCESS, This Agreement applies to the performance of minor construction projects,which are those costing less than$186,000.These minor construction projects shall be initiated by the City upon issuance of a solicitation,or task order and shall be advertised to all pre-qualffied Contractors.No project under this contract shall require bid, payment or performance bonds unless specifically noticed in the solicitation,or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works DepartmenL Emergency work may be assigned at the City's discretion per the scope of the RPQ,and shall be based upon the CONTRACTOR!S expertise,or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response al"no bid.' Ifthe CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work and this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed.CONTRACTOR shall perform all senrices and provide all work product required pursuant to this agreement upon written notice 10 proceed. 4. TERM:This Agreement shall commence upon Commission approval and shall be valid for an initial to of one(1)year.The City of Boynton Beach may renew the contract with the same terms and conditions for three (3) additional, one-year renewal terms subject to vendor acceptance, satisfactory parlon-nance and determination that renewal will be in the best I ��� -nn hall a 1 ill 111 i 111 Irerviscea interest of the City.At dw 1.r HM�m s �ee n� r or i to ala�hall Im 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation,or task order that Is completed Ina with the solicitations,or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. 9. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City property, provided that the total amount of payment to CONTRACTOR shall net exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices tot CRY once per month during the progress of the work for partial payment for project completed to date, Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. Page 816 of 1106 c. Final payment Of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work Perforated,services rendered and for all materials,supplies,equipment and Incidentals necessary to complete the work, s. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for Inspection by representatives of the City and to for a period of three(3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the it in connection with the services rendered under this Agreement shall bet property of the City whether the project for which they are.made is executed or not,The Firm shall be permitted to retain copies,Including reproducibfe copies, of drawings and specifications for Information,reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall,in performing the services contemplated by this ement® faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable tot services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify,defend and hold harmless the City,its offices,agents and employees.from and against any and all claims,losses or liability.or any portion thereof, Including fees and costs,arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to Pc3P9dY occasioned by a negligent act,emission or failure of the CONTRACTOR. 9° INSURANCE, The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,0 0,OO r occurrence and$1,000,000 aggregate for personal Injury-,and$1,000,000 per occurrence/aggregate for property dernage, and CONTRACTOR liability Insurance In the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers'componsation insurance,and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an'additional named insured'and shall include a provision prohibiting cancellation of sold policy except upon thirty (30)days prior written notice to the City.Certificates of coverage as required by this section shall be delivered to the City vAthin fifteen(15)days of execution of this agreement. Professional Liability(Errors&Omissions)Insurance- Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars($1,000,ODO)per occurrence with a limit of no less than two million dollars($2.000,000)aggregate with a deductible per clalm not to exceed ton percent(10%)of the limit of liability.Consultant shall notify the City In writing within thirty(30)days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent,If it is determined during construction of the project that changes must be made due to Consuftant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional ® I any, of the Project to the proportional extent caused by such negligent errors or Page 817 of 1106 omissions 10.INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR Is an independent contractor with respect tot services provided pursuant to this agmement,Nothing In this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Nelfher CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement.The City"I not be responsible for withholding or otherwise deducting federal Income tax or social security or for contributing to the state Industrial Insurance program, oradse assuming the duties of an employer with respect to CONTRACTOR,or any employee of CONTRACTOR. 11.COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person,other than a bons fide employee working solely for the CONTRACTOR,to solicit or secure this contract,and that he has not paid or agreed to pay arry company or person, other than a bona ride employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gft, or any other consideration contingent upon or resulting from the award or making of this contract. orb or violation of this warranty,the City shall have the right to annul this contract without liability or, In Its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee,commission,percentage, brokerage fee,gft or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this agreement,will not discriminate on the grounds of race, color, national origin, religion,creed,age,sex or the presence of any physical or sensory handicap In the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Walver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a.The City reserves ft right to terminate this Agreement at any time by giving ten (10)days written notice tat CONTRACTOR. b.In the event of the death of a member,partner or officer of the CONTRACTOR.or any of its supervisory personnel assigned tot project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement,If requested to do so by the City,This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City,K the City so chooses. 16. DISPUTES. Any disputes that arise beivreen the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent jurisdiction in Palm Beach County,Florida. This Agreement shall be construed under Florida Law. Page 818 of 1106 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LeVerriere,City Manager City of Boynton Beach P.O.Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be said to the following address: C,INC. G7/ CQGpGLSefC /tCLi u'71 4 'Jr PL.• �+ 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 cml. 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 perform the service; B. Upon request from the CIIY'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 819 of 1106 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS LATIG'TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-7424061 PYLEJ FLUS THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 820 of 1106 .4 DATED this day of 20 /f CITY OF BOYNTON BEACH Lorierriere, ity Manager C TACTOR i Attest/Authenticated: Jot1J • 24-<— Title �ttyrk (Corporate SeepJudy e v Approved as to Form: Attest/Authenticated: --7 l.i Jam A.Cherof, ity A y S retary faoazosu,a Sas-yaoiui� g Page 821 of 1106 Greco-Arencibia, Adrianna From: Mootz, Gail Sent: Monday,April 22, 2019 10:18 AM To: Greco-Arencibia, Adrianna Subject: FW:ANZCO COI Attachments: COI 4.8.19.pdf Update COI Gail Mootz Project Supervisor Public Works, Facilities Maintenance [Mailing Address: P.C . Box 310 1 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. ( Boynton Beach, Florida 33435 561-742-6223 ' MootzG@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:Javier,Andrea <JavierA@bbfl.us> Sent: Monday,April 08, 2019 3:17 PM To: Krasnoff, Leah<KrasnoffL@bbfl.us> Cc:Miller, Keyla<MillerK@bbfl.us>; Mootz,Gail<MootzG@bbfl.us>; Luma,Jonele<LumaJ@bbfl.us> Subject: RE:ANZCO COI Yes, the attached meets City requirements. Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management Mailing Address: P.O. Boy:310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6044 JavierA@bbfl.us ` boynton-beach.org/ 1 Page 822 of 1106 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 beSubject topublic disclosure. From: Krasnoff, Leah > Sent: &8onday,April OD,2O193:1GPM To:Javier,Andrea< > Cc:Miller, Key|a < / >; WYomtr, Gail< �� Lunma,]on�|e� s� Smbject: FW:ANZCO COI Hi Andrea, Attached isanupdated COI because the one vvehave onfile isexpired. Does bmeet City requirements? Thank you, Leah Krasnoff Accounting Technician Financial Services Mailing Address: P.O. Box 310 | Boynton Beach, Florida 33425 Physical Address:33Q2Quantum 0vd, Suite 1D1 | Boynton Beach, Florida 53426 � 562-742-6308 I?j Krasooffi@bbfl.us boynton-beach.oro/ �� [ �� �------- --- ~� � -�� Please beadvised that Florida has abroad public records law and all correspondence tomevia email maybcsubiect10 disc|osure.Under Florida records law, email addresses are public records.Therefore, you/e-mail communication'and your e-mail address may be subject to public disclosure. From: Lunoa,Jone|e< > Sent: Monday,April O0,2O183:14 PM To: Krasnoff, Leah<Krasnoff L »; K800to,Gail< > Subject: RE:ANZ[DCOI Hello, Here is the updated [O|. Thanks, 2 Page 823 Of 1 106 Jonele Luma Administrative Associate Public Works, Fleet Mailing Address: P.Q. Box 310 I Boynton Beach, Florida 33425 Physical Address: 222 NE. 9th Ave. Boynton Beach, Florida 33435 �d 561-742-6594 LumaJ@bbfl.us I boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records lave, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Krasnoff, Leah Sent: Monday,April 08,201911:24 AM To: Mootz, Gail<MootzG«obbfl.us>; Luma,Jonele<LumaJ�,rtbfl.us> Subject:ANZCO COI Importance: High Anzco's COI has expired. I will need a new one in order to process this requisition. Thank you, Leah Krasnoff Accounting Technician Financial Services PJlailin Address: P.Q. Box 31.0 j Boynton Beach, Florida 33425 a Physical Address: 3301 Quantum Blvd., Suite 101 j Boynton Beach, Florida 334.26 `x 561-742-6308 KrasnoffL@bbfl.us I boynton-beach.org/ a ", rz 0 ro 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 824 of 1106 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �--� 2/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department W.F. Roemer Insurance Agency, Inc. PHO11 NE -- FAX - 3775 NW 124 Avenue A(C NP_fKIJ:954-731-5566 i;AIC,No):954-731-8438 E-MAIL .. .._...- __ Coral Springs FL 33065 ADDRESS: certificatesrroemer-ins.com INSURE S AFFORDING COVERAGE MAIC 0 INSURERA:American Builders Insurance Co 11240 INSURED ANZC0-9 INSURER B:Mapfre Ins.Co.of Florida 34932 Anzco, Inc. _-- 9671 Carousel Circle South INSURER C:Evanston Insurance Company Boca Raton FL 33434 INSURER D:EVANSTON INS CO 35378 INSURER E: ........ ........_... INSURER F: COVERAGES CERTIFICATE NUMBER:307061660 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' -'ADDLiSUBR -_ _- POLICY EFF ' POLICY EXP _ -------- LTR - LTR _TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY I 1MM/DDIYYYYL LIMITS D X COMMERCIAL GENERALLIABILrrY Y MKLV4PBC000169 2/22/2019 2/22/2020 .EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR -DAMAGETOiZENTED - - -- -- PREMISES.(Ea occurrence) $_300,000 MED EXP(Any one person) $5,000 ..-.. ...__. ........ PERSONAL&ADV INJURY $1,000,000-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000_ POLICY®jERo- F-1 LOC PRODUCTS $2,000,000 1 OTHER: _.... $ B ;AUTOMOBILE LIABILITY 5204070001563 11/18/2018 11/18/2019 COMBINED SINGLE LIMIT ,._(Ea accident} ............. —..._.....�.._..$-1,000,000-_. _. ANY AUTO BODILY INJURY(Per person) $ 1 OWNED X SCHEDULED BODILY INJURY P _. AUTOS ONLY AUTOS (Per accident) $ X HIRED X NON-OWNED PROPERTY AUTOS ONLY AUTOS ONLY jPeraccident) $_. C ( X UMBRELLA LIAB X OCCUR MPXS3000356 2/22/2019 2/22/2020 EACH OCCURRENCE ...... ......... �..$...._1_.,D00,000 EXCESS LIAB CLAIMS-MADEAGGREGATE _ ..... $.1,000,000 DED ) RETENTION$ A ,WORKERS COMPENSATIONWCV008883108 7/21/2D18 7/21/2019 X PER OTH- AND EMPLOYERS'LIABILITY YIN ,,,_,_STATUTE , ER _ .... ANYPROPRIETOR/PARTNER/EXECUTIVEN ( E.L.EACH ACCIDENT i$1,000 000 OFFICER/MEMBEREXCLUDED? N/A -- -- -- - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 ff yes,describe under '- -- - DESCRIPTION OF OPERATIONS below (E.L.DISEASE-POLICY LIMIT $1,000,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The interest of City of Boynton Beach is included as Additional Insured when required by written contract subject to policy terms and conditions. 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. 100 E Boynton Beach Blvd. Boynton Beach FL 33425 AUTHORIZEDREPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 825 of 1106 Coversheet Pagel of 2 6.G. CONSENT AGENDA 8/7/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR COMMISSION MEETING DATE: 8/7/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R78-104- Approve the rankings as recommended by the Selection Committee and authorize the City Manager to sign contracts with the four(4)top ranked proposers:Hatcher Construction&Development,Inc.,E&F Florida Enterprises,Inc.d/b/a Creative Contracting Group;Republic Construction Group;and ANZCO,Inc.;in order to establish a pre-qualified list of vendors in accordance with Request for Qualifications(RFQ)No.018-2511-18/IT"Pre-Qualification of Contractors for Minor Construction Services" and authorize the City Manager to award individual projects not exceeding$75,000. EXPLANATION OF REQUEST: On May 18, 2018, Purchasing Services issued a Request for Qualifications (RFQ)with the intent of establishing a pre-qualified list of vendors to perform minor construction services projects within the City. These minor construction projects may include building repairs, upgrades, and improvements including, but not limited to, patching and plumbing, carpentry, masonry, electrical and other miscellaneous repairs as may be necessary at various City sites,as well as small park and/or playground type projects. On June 18, 2018, the City opened a total of eight (8) submittals to this RFQ. After independently reviewing and scoring each proposal in accordance with the evaluation criteria contained in the RFQ,in a publicly noticed meeting held on July 10,2018,the committee disclosed its scores. The Final Ranking is as follows: FIRM NAME - RANKING Hatcher Construction&Development,Inc. 1 E&F Florida Enterprises, Inc.dba Creative 2 Contractin Grou Republic Construction Grow 3 ANCC,Inc. . 4 RPM General Contractors_,Inc. 15 - Homrich Corporation 16 _ The Car enter's Son,Inc. f 7 A submittal from All-Site Construction, Inc.was deemed non-responsive to the RFQ and was not forwarded to the Committee for evaluation and consideration. It is the intent of the City to solicit the collective pre-qualified contractors for competitive offers for minor construction services.Work may be assigned without competition in emergency situations,or in special circumstances when a contractor has previous specific knowledge or is already mobilized to a project with a pending tie-in.Individual projects that exceed$75,000 will be brought back to City Commission for consideration of award. The initial term of the contracts will be one(1)year with the option to renew the contracts for four(4)additional one-year terms, contingent upon satisfactory vendor performance,mutual agreement and determination that the renewals are in the City's best interest. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By pre-qualifying contractors to perform the specified work,the City may be assured that experienced general contractors will complete the work as bid. FISCAL IMPACT: There is no fiscal impact as a result of this approval. Individual projects $75,000 and under will be awarded by the City Manager or designee. Individual projects$75,001 and over will be brought to City Commission for consideration of award. ALTERNATIVES: Not accept the committees'rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank;or Not award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: httns://bovntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=4387&Me.Pao'Mfbf 1106 1 RESOLUTION NO.R18-104 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AGREEMENTS WITH THE 6 FOUR(4)TOP RANKED PROPOSERS TO ESTABLISH A LIST 7 OF PRE-QUALIFIED OF VENDORS FOR MINOR 8 CONSTRUCTIONS SERVICES AND AUTHORIZE THE CITY 9 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT 10 EXCEEDING 575,000; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS,on June 18,2018 City staff opened and tabulated eight(8)submittals 14 in response to RFQ No. 018-2511-18/IT "Pre-Qualification of Contractors for Minor 15 Construction Services";and 16 WHEREAS,the RFQ was issued with the intent of establishing a pre-qualified 17 list of vendors to perform minor construction serviceprojects which may include building 18 repairs,upgrades and improvements as may be necessary within the City;and 19 WHEREAS, the City Commission .of the City of Boynton Beach upon 20 recommendation of staff,deems it to be in the best interest of the citizens and residents to 21 approve the ranking and authorize the City Manager to sign Agreements with the four(4) 22 top ranked proposers for RFQ No.018-2511-18/1T for"Pre-Qualification of Contractors 23 for Minor Constructions Services." 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 26 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, 30 hereby approves the ranking and authorizes the City Manager to sign Agreements with the C:%Uscm%tamione'MppDataU.ocahMicrosoftlWindo%3kTemporary lntanet FilesWontent.tESli2FYTEOrlApprove_Ranking-and_Agrcement with_4 iviinor Consuuctiasu Services_Rcw.ducx Page 827 of 1106 31 fa (4) top ranked posers for RFQ Nd„ 018-2511-1 /IT for "Pre-Qualification of 32 Contractors for Minor Constructions Services," copies of each Agreement is attached 3 hereto and incorporated herein. 34 jjL_-qjoq 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this 1 day of_ 0Ulf. 36 CM OF BOYNTON BEACH,FLORIDA 37 YES NO 5 39 Mayor—Steven B.Grant 4 41 Vice Mayor—Christina L.Romelus 4 43 Commissioner—Mack McCray 44 45 Commissioner issioner—Justin Katz 45 47 Commissioner issioner—Jae Casello 43 49 VOTE 50 ATTEST: 51 52 53 54 Juit Ae._ ..le,CMC 55 Cit lerk S 52 53 (Corporate ) C:\Users\StenzioneMppl)MaLLoW\Miczosoft\Windowe.Temporery Intemel Files\Content.IE5\52FYTEOEUIpprove Ronking_and_Ag=meot_with_4 Minor Consteuction_services_Reso.docx Page 828 of 1106 6.J. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for May 21, 2019- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). WORK UNIFORMS AND PALM BEACH COUNTY BID # JUNE 21, 2019 THRU CLOTHING 150899 JUNE 20, 2020 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Page 829 of 1106 Grant Amount: ATTACHMENTS: Type Description D Addendum Bid Extension Request D Addendum Seacoast Renewal D Addendum Pride Renewal Page 830 of 1106 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS May 21, 2019 REQUESTING DEPARTMENT.MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT.Michael Dauta TERM:June 21,2019 to June 20,2020 SOURCE FOR PURCHASE:Palm Beach County#150899A ACCOUNT NUMBER:502-0000-141-0100 VENDOR(S):PRIDE Enterprises/Seacoast Embroidery ANNUAL ESTIMATED EXPENDITURE:$30,000 DESCRIPTION: On August 7, 2018, City Commission approved utilizing the Palm Beach County Bid#0150899A for uniforms with PRIDE Enterprises and Seacoast Embroidery. This initial term expenditure was$30,000. The Agreement allows for four(4)additional one-year renewal terms under the same prices, terms and conditions. Both vendors have agreed to renew the Agreement for an additional one-year term. 6 XCH ORI Purchasing Department Form L 5(l South Military Trail,Striae I 10 April 26, 2019 West Fakir Beach,Fl,33415-3199 (561)616-6900 Seacoast Embroidery, Inc. FAX:(561)616-6811 Ms. Jocelyn Kaufer 5893 S. Congress Ave. www.pbcgov.00r111PL1rcliasing Atlantis, FL 33462 TERM CONTRACT#150899A Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for WORK UNIFORMS Palm Beach County & CLOTHING,-INCLUDING FIRE RESISTANT, PURCHASE based on: Board of County Commissioners 1XI SOLICITATION #150899/CC (Awarded Lots #11, #3, #6, #7 and #81 Mach Bernard, Mayor The term of this contract is 06121/2019 through 06120/2020,and has an estimated dollar Dave Kerner.vice.Mayor value of$50,000.00, inclusive of all vendors awarded. Hal R.Valeclie If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof, Gregg K.Weiss Robert S.Weijirotli County User Departments will issue individual"Delivery Orders" against this contract as your authorization to deliver. The original invoice must be sent to the address on Mary LOU Berger the Delivery Order ("DO") and must reference the DO number (e.g,, DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Melissa�%,icmnlay Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quoteiresponse must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at .https�bcvssp,co,palm-beach.fl.us/webapp/vssp/AltSelfService. Failure to County Administrator comply with the foregoing may result in a delay in processing payment. Verdenia C. Baker Ifyou have any questions, please contact Colleen Cardillo at ceardill@pbcgov.org or (561) 616-6839. Sincerely, Tammy Smith Purchasing Manager c: Nick! Murphy, Parks & Recreation Amanda Ray, Facilities Development& Operations Uriah McCalla, Department of Airports .An Equal Opportonr ly Michele Liska, Youth Services Af Todd Broadlick, Purchasing Warehouse ,firimlive ACtiOn EMI)IO)'er" File & printed on sustainable x and recycled paper Page 832 of 1106 NCR ORVQ Purchasing Department Form L 50 South Military Trail,Suite 110 April 26, 2019 West Palm Beach,Fl-33415-3199 15b1)616-6800 Prison Rehabilitation Industries & Diversified Enterprises, Inc. FAX: (561)616-6811 d/b/a PRIDE Enterprises Mr. Jason M. Brown www.l)bcgov.coiii/ptri-cliasitig 223 Morrison Road Brandon, FL 33511 TERM CONTRACT#150899A M Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners Pahn Beach County ("County") is entering into a Term Contract with your company for WORK UNIFORMS Board of County & CLOTHING, INCLUDING FIRE RESISTANT, PURCHASE based on: Commissioners 1XI SOLICITATION #1508991CC (Awarded Lots #2, #4 and #5) Mack Bernard,mayor Dave Kerner,vice Mayor The term of this contract is 06/21/2019 through 06/20/2020, and has an estimated dollar value of$50,000.00, inclusive of all vendors awarded. Hal R.Valeche If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Gregg K.Weiss term of the contract, including any renewals or extensions thereof. Robert S.Weinroth County User Departments will issue individual"Delivery Orders" against this contract Mary Lou Berger as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 Melissa Niclihilay XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be County Administrator accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Failure to Verdenia C. Baker comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Colleen Cardillo at ccardill@pbcgov.org or (561) 616-6839. Sincerely, 1 Tammy Smith Purchasing Manager c: Nicki Murphy, Parks & Recreation Amanda Ray, Facilities Development& Operations "An Eqwd Opportzinity Uriah McCalla, Department of Airports ,jffirrnative Aclion Michele Liska, Youth Services Todd Broadlick, Purchasing Warehouse File 6 printed on sustainable P ,� and recycled paper Page 833 of 1106 6.K. CONSENTAGENDA 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on May 7, 2019. EXPLANATION OF REQUEST: The City Commission met on May 7, 2019 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Minutes Meeting Minutes 5-7-19 Page 834 of 1106 MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA TUESDAY,ON MAY f A Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor Shana Bridgeman, Assistant City Attorney Mack McCray, Commissioner Queenester Nieves, Deputy City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation by Pastor Bob Bender of Christ Fellowship Church The invocation was given by Pastor Bob Bender. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Commissioner McCray led the Pledge of Allegiance to the Flag. Roll Call quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor asked to insert an additional proclamation as Item 3.E and renumbering the Consent Agenda items behind it. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Romelus seconded the motion that unanimously passed. Page 835 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz, Commissioner McCray and Commissioner Penserga had no disclosures. Commissioner Romelus gave well wishes to City Clerk Judith Pyle who was injured. She attended a Social Media training session hosted by the Florida League of Cities and advised Boynton's Social Media Policy stands up pretty well compared to other cities, but the policy should be updated and added to a Future Agenda. She also attended a Medical Marijuana Summit and encouraged other Commissioners to become familiar with the issue in light of the industry's anticipated growth. She attended a Haitian American Culture Day in Delray Beach and hoped the City would partner with the organization to have a rotating event. Mayor Grant announced the following: On April 17th he attended a Coalition of Boynton West Residential Associations (COBWRA) meeting and welcomed the new president. On April 18th, he attended a ribbon cutting for Aldi grocery store and a Transportation Planning Agency meeting. He visited the Senior Center and attended another ribbon-cutting ceremony for Peter Feaman, PA, before attending Bill Torme's Basketball Tournament. He wished all a Happy Passover and Easter. On April 2314, he met with representatives from ATT. On April 24th, he attended a League of Cities meeting. On April 26th, he attended a Dimensional Harmony Choir concert noting the Acapella Choir was invited to go to London at the end of this year. April 27th, he attended the Palm Beach County School District Town Hall's Culture Community Connection. On April 28th, he watched the Avengers. On April 29th, he met with Colin Groff, Assistant City Manager, at the Lake Worth Drainage District and the new Executive Director, Tommy Strowd. He met with Kaufman Lynn who built Pacifica and met with Sister Cities. On April 30th, he attended a luncheon at Crosspointe Elementary School. He attended a new duplex dedication for Habitat for Humanity. He attended the Boynton Beach Short Film Festival hosted at the Alco Movie Theater showcasing short films produced by South Tech Academy students. Mayor Grant praised the program and advised they sold more presales tickets than all of last year and the City was happy South Tech included the words Boynton Beach in the name of the event. On May 1st, he attended a Mental Health meeting at the Children's Service Council and on May 2nd, he attended a Mayor/Manager meeting with Commissioner Weinroth. He also spoke with the engineer for the Harbor Cay project while at the Wastewater Treatment Facility. 3. ANNOUNCEMENTS, COMMUNITY, SPECIAL EVENTS AND PRESENTATIONS A. Proclaim May as Building Safety Month in order to help promote citizen awareness of building safety, energy efficiency, water conservation and sustainability. Page 836 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida 79 2019 Mayor Grant read the Proclamation. Mike Rumpf, Development Director was present to accept the Proclamation and he thanked the City Commission for the Proclamation on behalf of Shane Kittendorf, Building Official, City residents, and other staff. B. Proclaim the month of May as Haitian Heritage and May 18 as Haitian Flag Day. Mayor Grant read the Proclamation and presented it to Commissioner Romelus. Commissioner Romelus explained she was humbled to accept the award. She commented most Haitian Americans have a similar story. Her father immigrated to the United States in 1980 on a boat. He left her mother in Haiti who was pregnant to provide a better life and risked his life for the American Dream. The Haitian community is progressing in the United States and in South Florida and Haiti should be celebrated. Haiti attained its independence from slavery in 1804 and afterward helped several other South American countries as well as the United States during the American Revolution. She announced Haiti's motto Unity is Strength. C. Proclaim May 2018 as Mental Health and Trauma Informed Care Month. Woodrow Hay, Chair of Boynton Beach Mental Health Committee will be present to accept the Proclamation. Mayor Grant read the Proclamation. Woodrow Hay, Chair of the Boynton Beach Mental Health Committee, was present with other members to accept the proclamation. Mr. Hay thanked the City Commission for the proclamation and for addressing mental health. He read a lengthy list of accomplishments from July 1, 2018, to present. Highlights included participation in the Bethesda Community Needs Assessment resulting in a focus on mental health over the next three years and increased mental health and first aid training at St John Missionary Baptist Church. Three Mental health Committee members became Nationally Certified as Mental Health and First Aid trainers to serve the Healthier Boynton Beach Community. They conducted training at the First Presbyterian Church and at St, John Missionary Baptist Church. Bethesda Health had its first Mental Health First Aid training for staff in January and another session was scheduled for April 30th. They partnered with South Tech Academy and supported their mental health event and awarded certificates to art class students who competed in a mental health Public Service Announcement contest. They participated in a Health Fair Event on August 7th and the Community Caring Center Hospitality and Culinary Job Fair. They were present at the August 30th Pathways to Prosperity (P2P) Back to School Fair, the September 20th Boynton Beach Senior Health Fair and many other events. The Boynton Beach Mental Health Committee obtained a mini grant from Healthier Boynton Beach to create a Caregiver Resource and Learning Center at the City Library. The Committee donated 50 books on caregiving and introduced a group of caregivers to electronic tablets, which allowed them to search for caregiver information. They distributed over 1,000 Finding Hope brochures to consultants and Boynton Beach Schools. The Committee's "Get your Green on" Planning Committee was nominated for the Community Collaboration Award. They applied for two mini-grants in 2019 to provide services and Trauma Informed Yoga. A six-session workshop on Trauma Informed Yoga Mindfulness was held for 20 3 Page 837 of 1106 Meeting Minutes City o ission Meeting Boynton Beach, Florida May 7, 2019 caregivers. They printed and distributed over 5,000 door handle cards with mental health and emergency information to homes in the 33435 area code. They participated in the Boynton Beach Holiday Parade and was a vendor at the 5t"Annual Palm Beach County School District Mental Health Consortium at Atlantic High School attracting various counselors and private practice mental health professionals. Amanda Kofax, a member of the Steering Committee, completed 200 hours of training and promoted and conducted three free Yoga in the Park sessions, They are actively engaged in the Palm Beach County Action Alliance in Mental Health. They worked with the Bridge Director to conduct yoga and provide mental health information in Creole. The Committee has a link on the City's webpage and is represented on the COWBRA Health and Wellness Committee. They held a May 2nd event and doctors from Bethesda Health and JFK Hospital held excellent discussions. Mr. Hay thanked the City Commission and the Mayor and asked for financial support. Each member of the Commission received a green tee shirt. Commissioner Romelus suggested mental health training be discussed during the budget. Even a small allocation to cover materials to host some type of training for staff would be beneficial. D. Proclaim the Month of May 2019 as National Historic Preservation Month. Mayor Grant read the Proclamation. Present to accept the proclamation was Barbara Ready, Chair of the Historic Resource Preservation Board (HRPB). She thanked the City Commission, City Manager and staff on behalf of the HRPB for the City's continued support. The City will celebrate its Centennial Year in 2020 and she noted Historic Preservation becomes more important as the City acknowledges its history and its future. Other members of the Historical Society were present and were recognized. The Boynton Beach Historical Society is celebrating its 500 year as a Historical Society. Commissioner McCray commented he was invited to Clyde Harris's home and was shown a map of different homes in the northeast section of the City and Cherry Hill. He drew pictures of the homes, elementary school and the Old St. John Missionary Baptist Church. He suggested the Historical Society contact Mr. Harris. Mayor Grant requested anyone finding any historical items donate them to the Historical Society. E. Proclaim May 2019 as Boynton Beach Association of Firefighter's Appreciation Month. Mayor Grant read the Proclamation. An unidentified representative from the Muscular Dystrophy Association praised the City's firefighters and acknowledged the Muscular Dystrophy Association has partnered with the Firefighter's Union for 65 years. She hoped for a cure, and noted some treatments have been found. She commented last year, the City's Firefighters collected $48,000 for the Fill the Boot campaign. Commissioner McCray conveyed a short story about his donation and his three Godsons, emphasizing youth are paying attention. 4 Page 838 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 E. Announce the Solid Waste Division will be having Tire Amnesty Week for the City residents from June 3rd, 2019 - June 7th, 2019. Davidson Monestime, Solid Waste Division, reminded all about Amnesty Week. He advised residents can leave up to eight tires curbside, with or without rims as long as they are placed away from anything else including bulk items, mailboxes or low hanging wires. F. Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane Season. Mr. Monestime noted Hurricane Season starts June 16t. He urged all residents to trim trees early. Residents doing their part and trimming early will help avoid the Department having to dedicate additional resources in areas they are not supposed to service at that time. A If there is a main storm, there would be no guarantee the piles will be serviced on time. Anyone needing assistance should call Solid Waste. Commissioner Romelus commented when the City was hit by Hurricane Irma, her neighborhood was out of power for six days because neighbors did not maintain their vegetation. Commissioner McCray wanted to get the word out in District II about the tires. Mr. Monestime announced additional information was posted on the City's website and all of the City's media platforms. Mayor Grant noted the Florida Legislature created a tax holiday for hurricane preparation. The City will announce the information when it is received. G. Announcement by Police Chief Gregory of awards the Police Department received from the Palm Beach County School District. Assistant Police Chief Vanessa Snow, on behalf of the Police Department, announced two awards they received this past week. The first award was a gold award from Crosspointe Elementary School for being a strategic partner and the second was from Poinciana Elementary School for being a business partner. The awards highlight some of the core tenants of the 21St Century Policing program they follow, which has to do with community engagement. The awards demonstrate the Department was doing great things. H. Announce awards received by'the Utility Department by Colin Groff, Assistant City Manager-Public Services. Colin Groff, Assistant City Manager, announced the Utility Department received the Medium Collection Award given to municipalities with the most efficient and effective operation of a wastewater collection system. The next two awards were received through a nomination process. The Thomas R. Camp Award, was started by the founder of Camp Dresser McGee (CDM) Smith. Company shareholders nominate and select a project each year that provides excellent service to the customers. Mr. Groff announced it was 5 Page 839 of 1106 Meeting Minutes City Commission Meeting Boynton ach, Florida , 2019 nice to see a large international company recognize the City and its team for using high quality advanced water treatment technology. Mr. Groff explained the Design Build Institute of American is comprised of thousands of members and member agencies. Mr. Groff serves on the National Council of Owners, which is a group of people who run agencies and handle design-build projects, and they were asked to nominate projects for this award. He noted he did not nominate Boynton Beach, but his peers recognized Boynton Beach for their ability to use design build projects to deliver technically advanced services. Mr. Groff pointed out the award was really an award to the City Commission because they allowed staff to use these procurement methodologies. The City was ranked number one out of thousands of projects from across in the country for its East Water Treatment Plant Expansion. Mr. Groff pointed out all of the awards were for the East Water Treatment Plant, that is now, nationally recognized as one of the best in the world. He noted it was the City's first design build project and it provided a very cost effective way to deliver products. Utilities I. Glenn Joseph, Fire Chief to announce that Boynton Beach Fire Rescue is launching a Firefighter Exploring Program for the youth in our community. This free career program will help young adults prepare for careers in the fire service and other public safety professions. Glenn Joseph, Fire Chief, announced the formation of the Boynton Beach Firefighters Fire Explorer Program, Troop No 343. Chief Joseph explained the program was made possible by the support of senior staff, the City Commission and a generous donation from the High Ridge Country Club, Fire Lieutenant Greg Jackson will run the program. Mr. Jackson introduced other firefighters who were present as well as Assistant Fire Chief Clemmons. The program is a free career education program to help young men and women and prepare them for possible careers in fire service while building wealth in the community by investing in youth. There are cards about contact information. Youth, aged 14 to 20 are eligible to participate in the program, which would start this summer. Commissioner McCray requested something be done in the elementary schools. J. Kathy Cline, Fire Marshal to announce The Boynton Beach Fire & Life Safety Division joining the American Red Cross to install smoke alarms in the Forest Park Community on May 11, 2019. Kathy Cline, Fire Marshall, announced smoke inhalation kills more than 26,000 people every year which is why smoke alarms are indispensable. The Boynton Beach Fire Department has joined with the American Red Cross for the "Sound the Alarms, Save a Life" Program on Saturday, May 11, 2019, at Forest Park. They had previously passed out flyers in the neighborhood, and on Saturday, with volunteers, they will distribute and install smoke detectors. The Department also has their own Smoke Detectors Program. Residents who own and live in their home can receive a free smoke detector. She advised there is a limited amount of smoke detectors. Interested individuals should call the Fire Department, come in and show their driver's license to prove residency. Flyers 6 Page 840 of 1106 Meeting Minutes City Commission Meeting Boynton e h, Floriday 7, 2019 were available in the Chamber. The event was also advertised on the Department's Facebook page and other social media sites. Commissioner McCray thanked the Department for the annual report he read. He announced it was a job well done. K. Announcement of a communications and marketing award received by the City of Boynton Beach for the City's 2018 Calendar. Eleanor Krusell, Marketing Director, announced on Wednesday, April 171h, the City received the Gold Coast PR Council's Bernays Award in the marketing material print category for the City's 2018 Calendar. She announced the City had tough competition. The Gold Coast PR Council is South Florida's largest independent organization composed of public relations, marketing and communications professionals from Palm Beach, Broward, Martin and Dade counties. This was the first year the City entered and won an award. L. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the Grand Opening of the Dog Park expansion. Ms. Krusell announced May 10th, from 5 p.m. to 7 p.m. the City will celebrate the Joseph Crowder Dog Park expansion with a Yappy Happy Hour. The event will provide yapetizers from Mission BBQ, drinks, music, raffles, a balloon artist and photo opportunities. The first 100 guests will receive free doggy bags with a doggy bandana, treats from Natural Dog Treats and Bakery, a raffle ticket and a voucher for a free sandwich from Mission BBQ. The band Cape, playing Caribbean music will provide music and sliders will be provided by Mission BBQ. Six dog friendly eating and drinking establishments in the Renaissance Common area are offering attendees dining discounts after the event and throughout the weekend including Brass Tap, Mission BBQ, Pizza Rock, Jersey Mikes and Hurricane Dockside Grill and Burgify. JKM Services, the master developer of the Boynton village and Town Center, built the original dog park. The expansion will include an additional fenced area for larger dogs, and a pavilion with shaded seating in each area, dog exercise equipment in each area, a 12' by 24' pavilion with picnic tables in the open green space, benches in the open green area, a separate parking lot and a fishing pier. The Yappy Happy Hour is free. She gave the phone number and website. Vice Mayor Katz thanked Ms. Krusell for her help putting the event together and incorporating the businesses in Renaissance Commons. He thought the expansion and park was amazing and an awesome centerpiece for all the new development. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LiMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Dr. Piotr Blass, 113 Tara Lakes Drive, explained the City has visitors from Shakespeare's City in the back of the Chamber and they will have a Shakespeare Festival 7 Page 841 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 starting in September. He reminded all it was Johannes Brahms and Pyotr Tchaikovsky birthday and today is a special day for music and culture. He announced Lake Worth has been inspired to get energy from the Gulfstream, which was a cutting-edge idea. The City is the closest point to the Gulfstream and it is beginning to catch on. He is organizing the University of Boynton and they are making progress. They were working on ideas to extend calculus and it was going well. He announced the Mayor and City Commission were doing a great job. He is running for U.S. Congress in District 21 and hoped the City would support him. Margaret Newton, 701 NW 4th Street, thanked the City Commission as she and her family benefitted from the City addressing drainage and sewerage in her neighborhood and she no longer has the flooding problem. She read the City is issuing a policy about flooding in District II and advised the employees who worked on her street were fantastic and courteous. She noted there was a terrible accident on the corner of 4th and 6th. She does not know who is in charge of traffic for that area, but she would like them to investigate the number of accidents at the location. The road is a straight shot from 10th to her street and many people were not stopping at the stop sign. The recent accident resulted in one car being totaled and the other driver left the scene. Neighbors saw what happened and she understood they were helping the Police. She conveyed she has asked and is officially asking for stop signs on 4th Street from 10th to 61h, She has lived there for 30 years and at one time, stop signs were on 6th Avenue and 4th Street and then they reversed. She reiterated her request for someone in the Department to provide the accident statistics for that corner and then something be done about it. Commissioner McCray thanked her for the comments about Public Works employees. He advised Ms. Paris also sent a letter to Mr. Groff and Commissioner McCray did a follow up as well. He agreed the employees were exceptional. He was t-boned on 4th and 7th Street and he constantly receives calls about speeding. He believed more officers were needed there. Susan Oyer, 140 SE 27th Way, advised she was disappointed at the last City Commission meeting. There were agenda items about Town Square. The public and the developers were sworn in, but the public was not allowed to speak. She felt the Commission violated her rights to give input and no one reminded the Mayor the public about the omission. She asked whose job it was to point out procedural errors. It is a public meeting and she felt it was unacceptable to deny those who wanted to speak. She expressed she thought it was unintentional, but there should be a check in place to correct any oversight. She wanted to reschedule the items to the next agenda so the public can speak on the project. Mayor Grant commented it was an oversight and he apologized. He wanted to use comment cards at the Commission meeting and noted if it is not second reading of the Ordinance, the Commission does not need to open the floor for public comment. In the future, there will be another public meeting for the Town Square project, and he hoped the Commission would agree to have optional comment cards. Ms. Oyer mentioned she did not like comment cards. 8 Page 842 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 A woman named Catherine from 500 Ocean commented she has been living in Boynton almost two years and she was very happy to be a resident. She believed the residents were victims of a scam by management having a third-party vendor collect funds for water, trash and sewer. Her bill increased from $70 to almost $80. The billing company was in Rochester and now they have a new billing company. They keep adding service fees. The company is called Water Watch. The company collecting the water fees is Con Service. She wanted someone to investigate the issue. She was away for five weeks during the summer and her bill was the same. She complained the bill keeps increasing and she suspected other rental buildings were having the same issue. Mayor Grant asked Mr. Groff if individual units were charged or if it one meter was used for the building. Mr. Groff explained the property owner is the customer and the City sends them one bill. They have a submeter within the development over which the City has no control. The City bills the development the standard rates that they bill everyone else. The woman thought there were kickbacks involved. Mayor Grant commented the provision was probably in the contract she signed. The woman responded there was nothing in the contract she signed about the water, sewer and trash fees. Tracy Fearn, 500 Ocean, explained they have contacted the City as 500 Ocean has a major problem with mold and her unit was infested with it. She advised they tried to alert management as many other rental units at 500 Ocean also have mold. It is a brand new building and the management is terrible. Management has harassed the renters after they contacted the City and tried to retaliate and evict the renters. She praised Glenn Weixler, Community Standards Officer, who inspected her unit. Renters pay a lot of money to live there and the building was advertised as a luxury development. The renters are speaking up because management closed the Community Board down and residents cannot communicate. All the issues at 500 Ocean are getting out of hand. There are problems with security, crime, drugs, prostitutes and the amenities are all broken. Management is not doing what they should and they are trying to cover it up. One of the residents, who is an architect, thinks the building has sick building syndrome and thinks the ventilation was not installed properly. Many of the renters are sick including her and her partner and she has documentation of the various illnesses. The Palm Beach Post had an article about the issue. She asked what help could the City provide. They need experts to test the air and inspect because management is not. The developer also received a massive tax break and the problem is going to get worse. Mayor Grant commented there is a lot of language in the contract about renter rights, but unless something is sent by certified mail to the landlord's address of record, nothing they say in writing or verbally before that time counts. He suggested retaining an attorney to review the lease. Ms. Fearn explained all 341 heating, ventilation and air conditioning (HVAC) units were not wired correctly, but they somehow passed inspection. Mayor Grant explained the records are public and they should find the inspector who approved the work: Then the renters have to get their own inspector to disprove the work was done properly. Ms. Fearn did not know if the City inspected the building or if they used a private 9 Page 843 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 inspector, but each HVAC unit was wired incorrectly and they were rewired. Mayor Grant noted if they rewired the HVAC Units, they may not have been re-inspected. Mr. Groff explained the City has regulations pertaining to rental buildings that is handled by Community Standards. Officer Weixler has been onsite. They are working with the owner and requiring them to conduct air quality tests and to forward the information to the City. If the rental units do not meet standards management has to demonstrate how they would bring it up to Code and they can be cited. He recommended affected residents call Community Standards to put their concerns on the record and they will inspect the units. He reiterated all impacted residents should call Community Standards Department and if the landlord does not address the issue, it proceeds to the citation process to enforce the Code. The City inspects, gives notice and has a set amount of time to provide them with an air quality report. Usually, owners are given 30 days to correct the violation. Commissioner Penserga recognized the urgency and pointed out they need an answer right away to determine if renters need to leave or stay. Ms. Fearn explained management was moving them, then not moving them, and then back and forth. Commissioner McCray agreed and thought the matter should be expedited as the matter is unacceptable and the City had to approve the building. Mr. Groff explained the owners used private inspectors for some of the construction, and he will keep the City Commission apprised. Commissioner Romelus suggested the residents use the Next Door app since the Community Board was removed. Ms. Fearn explained they opened up a private Facebook page when management shut the Board down. Herb Suss, 1711 Woodfern Drive, commented carbon emissions will have reached 45% by 2030 and 100% by 2050, to prevent extreme climate change with global warming of 1.5 degrees Celsius. If they do not act immediately to reduce emissions, children will be impacted, coastal cities will flood and there will be food and water shortages. He announced they are now at a point of no return, but mankind can slow it down. He commented the cost of solar energy is lower than it has ever been and more and more solar energy should be introduced. He hoped the City would have solar amenities in the new Town Square project to demonstrate the City's commitment and to save money. Solar panels pay for themselves in 10 years. There are ways to solve the problem in a year and a half. He admonished the national administration for its disregard of climate change. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Building Board of Adjustments and Appeals 10 Page 844 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 N ®tion Vice Mayor Katz moved to appoint Tim Dornblaser. Board Member McCray seconded the motion that unanimously passed. Motion Commissioner McCray moved to appoint Damian Brink as a regular member. Commissioner Penserga seconded the motion that unanimously passed. Library Board Motion Commissioner McCray moved to appoint Robyn Boucard as a regular member. Commissioner Penserga seconded the motion that unanimously passed. CONSENT6. AGENDA Matters in this section of the Agenda arer n recommended the City Manager for "Consent Agenda" approval of the actionindicated in each item, with all oft the accompanying ateri l to become a part of the Public Record subject comments A. Accept surtax capital project status report for 2nd quarter of fiscal year 2018-19 - January through March 2019. B. Approve proposal from Homrich Corporation of Lake Worth, FL to reassemble the amphitheater at Sara Sims Park in an estimated amount of$43,890. C. PROPOSED RESOLUTION NO. R19-047 -Authorize the City Manager to sign a Host Agency Agreement with the AARP Foundation Senior Community Service Employment Agency, to provide a work experience training opportunity under the City's Americans with Disabilities (ADA) Coordinator. D. PROPOSED RESOLUTION NO. R19-048 -Authorize the Mayor to sign an FPL Easement for new Police Department headquarters building. E. PROPOSED RESOLUTION NO. 1 -049 - Approve utilizing the Monroe County Contract # 91-0-2016 with Boundtree Medical for the City's medical supplies on an "As Needed" basis with an estimated annual expenditure of $80,000 and authorize the City Manager to sign an Agreement. The Monroe County Contract procurement process satisfies the City's competitive bid requirements. 11 Page 845 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 F. PROPOSED RESOLUTION NO. R19-050 -Authorize the City Manager to sign two 60-month agreements for the purchase of WAN network connectivity services and Internet services and one 36-month agreement for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $2,590.28 a month, utilizing the General Services Administration (GSA) contract# GS-35F-184BA. The City is allowed to purchase from this GSA contract. G. PROPOSED RESOLUTION NO. R19-051 - Authorize utilizing the State of Florida Alternate Contract #43211500-W SCA-15-ACS for the purchase of Dell workstations and Monitors from Dell Marketing LP of Round Rock, TX in an amount not to exceed $40,000 and authorize the City Manager to sign an Agreement with Dell Marketing LP. The Florida Alternate Contract procurement process satisfies the City's competitive bid requirements. H. PROPOSED RESOLUTION NO. R19-052 - Approve and authorize the City Manager to sign an Agreement utilizing the US Communities Contract # EV2370, with the City of Kansas City being the lead agency, with Graybar Electrical Company for the purchase of electrical parts and components, and lighting for an estimated annual expenditure of$70,000. The US Communities process satisfies the City's competitive bid requirements. 1. Approve award for the bid "Backflow Prevention Device Inspection, Testing and Repair Services" Bid # 020-2821-19/EM to Line-Tec Inc. of Delray Beach, FL as the lowest, most responsive, responsible bidder who met all specifications for the anticipated annual expenditure of$25,000 on an "As Needed" basis. J. Approve increase of Purchase Order #190663 to B&B Underground Construction, Inc. in the amount of $30,030.62 for the Lift Station No. 405 Improvements project, increasing the Purchase Order from $44,825.00 to $74,855.62 due to additional paving and piping that was needed during excavation. K. Accept the City of Boynton Beach Community Rating System (CRS) Flood Mitigation Plan Progress Report, Flood Mitigation Activities Action Plan updates and Program for Public Information Evaluation Report (May 2018 to April 2019). Copies will be available to the public on the City's website on the Flood Information page. (www.boynton-beach.org/flood-information). L. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for May 7, 2019- "Request for Extensions and/or Piggybacks." M. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the five (5) month period ended February 28, 2019. N. Approve the minutes from City Commission meeting held on April 16, 2019. 12 Page 846 of 1106 Meeting Minutes City o mission Meeting Boynton Beach, Floriday 7, 2019 Motion Vice Mayor Katz moved to approve the Consent Agenda. Commissioner McCray wanted to remove item A, and seconded the motion to approve the remainder of the Consent Agenda. The motion unanimously passed. A. Accept surtax capital project status report for 2nd quarter of fiscal year 2018-19 - January through March 2019. Commissioner McCray spoke with City Manager LaVerriere regarding receiving an update regarding the surtax. Andrew Mack, Director of Public Works, explained a list of projects was contained in the meeting backup, which he read. Currently the City has $10M in projects and $3.9M was awarded through the process. There are still bids and continuing service contracts that that have not been awarded. Commissioner Romelus queried what percentage of the projects were done and how many bids were awarded to local businesses. Commissioner McCray explained they use the City's local hiring preference rules to try to award as many as possible. He could not say how many were awarded, but each time staff is instructed to award locally. Commissioner Romelus requested a tally of the number of local business awards made since inception of the surtax. Commissioner McCray explained this is the first quarterly update and wanted the information included in future reports. Commissioner McCray noted a crosswalk was installed on Seacrest Boulevard and he wanted to thank whomever was responsible. He noted one of the freezers at the Senior Center was not working. He thought the freezer could be replaced or repaired. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-053 - Approve utilizing the State of Florida Contract #2000000-18-ACS (Alternate Source Contract) with Concordance Medical, Henry Schein Medical, McKesson Medical and Medical Solutions for the City's medical supplies on an "As Needed" basis with an estimated annual expenditure of$150,000 and authorize the City Manager to sign Agreements with each of the four companies. The State of Florida Alternate Source Contract procurement process satisfies the City's competitive bid requirements. Mayor Grant read Proposed Resolution No. R19-053. 13 Page 847 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. B. Approve the Bid # 019-2821-19/IT "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to Madesen Barr Corp. and Johnson-Davis, Inc. on a primary and secondary basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $175,000 to be used on an "as needed basis Mayor Grant presented the item. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. C. Award Bid # 027-2515-19/MFD for Front Load Containers and Roll Off Repairs to GT Supplies, Inc. of Riviera Beach, FL as the lowest, most responsive and responsible bidder who met all specifications for the anticipated annual expenditure of$200,000 on an "As Needed" basis. Mayor Grant presented the item. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion for discussion. Commissioner McCray spoke with City Manager LaVerriere. In 2017 they spent$59,500; in 2018 they spent $59K and now they are spending $200K. He thought the City should have been conducting more repairs instead of spending a lump sum. Tim Howard,Assistant City Manager, agreed they should have done more in prior years. The City previously had difficulty with the contract vendor and pricing, so the City issued a new bid. This new bid is on an as-needed basis. He noted the City was working on cleaning out the Rolling Green site, and it gives the Department the ability to spend up to that amount. Commissioner McCray encouraged all to visit the Rolling Green site because a phenomenal job was done. He also noted the City used to paint the dumpsters. Mr. Mack explained it was an Art in Public Places project. Commissioner McCray liked the initiative. He thought the program started nicely and then the City dropped the ball instead of continuing. 14 Page 848 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Vote The motion unanimously passed. PUBLIC8. 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC. (Applicant requests tabling continue to May 21st meeting.) Commissioner McCray asked how many more times this item would be tabled. The citizens are sending emails and they are upset. They need some closure and thought the item should be not be continuously tabled. B. PROPOSED ORDINANCE NO. 19-014 - SECOND READING - Approve Harbor Cay Townhomes Future Land Use Map Amendment from Special High Density Residential (SHDR) to Mixed Use Low (MXL) for a 1.43-parcel, located at 605 Lakeside Harbor. Applicant: United Developers Group, LLC. Mayor Grant requested a motion to remove item C from the table. Motion Commissioner McCray moved to remove Item C from the table. Commissioner Romelus seconded the motion that unanimously passed. Attorney Bridgeman read Proposed Ordinance 19-014 by title only on second reading. Attorney Bridgeman read Proposed Ordinance 19-015 by title only on second reading. PROPOSED ORDINANCE NO. 19-015 - SECOND READING - Approve Harbor Cay Townhomes Rezoning from 1PUD, Infill Planned Unit Development to MU-1, Mixed Use 1 for a 1.43-parcel, located at 605 Lakeside Harbor. Applicant: United Developers Group, LLC. C. Approve Harbor Cay Townhomes Major Site Plan Modification (MSPM 19-003) to construct 18 townhomes and related site improvements at a density of 12.6 dwelling units per acre on 1.43 acres located at 605 Lakeside Harbor in the Mixed 1 Page 849 of 1106 Meeting Minutes City Commission Meeting Boynton c , Florida , 2019 Use-1 (MU-1) zoning district. Applicant: United Developers Group, LLC. (Tabled to May 7, 2099) Bradley Miller, Miller Land Planning, representing the applicant reviewed the project. The property is located on Federal Highway, just north of Gateway Boulevard. It is included in the CRA Redevelopment Plan and it has a mixed land use and zoning designation. The project was composed of 18 townhome units. Twenty-eight townhomes were allowed, but the developer opted to build well below the allowed density. The units fit the area. Access is via a private road called Lakeside Harbor, which traverses the property. The proposed land use was mixed-use low following the CRA Plan and has mixed use zoning of MU-1 on the site. There are eight units on one side of Lakeside Harbor and 10 on the other. Each unit is a three-story townhome with a two-car garage on the ground floor level. There are 15 parking spaces available for guests and surplus parking. The maximum height is 45 feet and the townhomes are below the maximum by about seven feet. The northeast and southern sides of the property have either a wall or picket fence or a combination thereof to control the elevation of the property and to provide security and separation. The perimeter buffering complies with the Code. As part of the development, the developer will work with homeowner regarding improving a gate that leads to 10 residential lots. The applicant sent letters to the homeowners about the project and met with them prior to the first reading. The common area has a pool on the northern side. The southeast side has a passive park area with a BBQ and artwork that will be along Lakeside Harbor Drive to fulfil the Art in Public Places (AIPP) requirements. The units range between 2,200 and 2,300 square feet of living space. They will have some restrictions. The two car garages can only used to park vehicles and not storage and this requirement will be included in some of the HOA documents. Visuals of the project were viewed. Several commitments for the HOA were in the Conditions of Approval such as trash receptacles and collection times, the garage and no changes or modifications to the patio porches or balconies. They will resurface Lakeside Harbor Drive from Federal Highway to the water. The developer included language indicating the residents of Harbor Cay are prohibited from parking at the end of Lakeside Harbor by the dock. They can park to unload a paddleboard, but long-term parking at the end of the road is not permitted. A build-up of dirt, grass and rock at the end of the Drive and a railroad tie, which creates pooling as drainage runs down the road will be improved as part of the development of Harbor Cay. The applicant committed to being a proportional participant if the owners want to make improvements to the dock, now or in the future and he will be involved in a proportional share of drainage improvements because there is no drainage there at all. Recent rain was nowhere near the 25-year storm event. The development will take whatever drainage flowing down Lakeside Harbor Drive and retain it on Harbor Cay. Vice Mayor Katz had wanted the legal documents regarding the roadway. There was a judgement he submitted to Attorney Cherof to review. The document gives the rights to Harbor Cay to use Lakeside Harbor Drive. The judgement had to do with the rights of the road and use of the dock for all of the residents on Lakeside Harbor Drive. 16 Page 850 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Harbor Cay will need to create its own HOA. If there is discussion to combine the HOA's, they can do so, but it is outside the purview of the meeting. The Department of Transportation (DOT)outfall is an inlet on Federal Highway and the Department is willing to allow them to use the inlet, but it must continue through the permitting process. Commissioner Romelus inquired if there was a way to address the entrance through the permitting process and noted there may also be a sidewalk. Mayor Grant asked about security. Mr. Miller indicated he met with the Police Department and reviewed security ideas during and after construction. Most of the security is fencing during construction and putting the equipment together at night. If needed, they could add lighting. Mayor Grant asked about the King Tide. Mr. Miller replied the response from the DOT about the inlet confirmed the DOT will allow for the outflow after a 25-year, three- day storm event. He advised a King Tide is a high tide. The engineer's calculations evaluated high tide situations and the summation was there would be a .03 acre foot increase for the run off and a .03 foot maximum storage during a high tide. The design planned as part of the project could accommodate a minimal increase over the high tide. Mr. Miller advised the developer was seeking approval for the change of land use, zoning and the final approval of the site plan for the 18 units. The applicant reviewed the staff reports and agreed to the conditions of approval. Commissioner McCray asked who removed the gate. Mr. Miller did not know. Commissioner McCray asked Legal about the information given to them regarding the roadway and the dock. Attorney Bridgeman explained it is a private property owner issue that was litigated amongst the property owners and the City should not get involved in private property matters. She recommended just voting on the site plan and what was submitted. Vice Mayor Katz asked if Mr. Miller's client did not have the ability to decide what could be done with the road and dock in the future, based on the legal judgement, and if he would have to seek input from the residents. Mr. Miller responded that was correct. The judgement does not take into account the site could be subdivided and conveyed to future owners. That was why Harbor Cay will have its own HOA. If all owners want to form a larger Lakeside Harbor Drive, they could do so. The City requirements and zoning would have to go through permitti.,ig and platting and the platting process requires the new development to have an HOA. Commissioner McCray asked if the developer would address the road to the dock. Mr. Miller explained his client offered to resurface the road to the dock as it provides continuous look throughout the community. There was no guarantee to use the dock. Mayor Grant opened up public comments. 17 Page 851 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 UMMMIMMEWEEmm— Attorney Bridgeman administered an oath to all those intending to testify. Mr. Miller took the oath and swore his prior lomments were true and correct. John Reingold, 631 Lakeside Harbor, explained he spent the last three weeks reading Florida Building and FEMA Codes. He announced he is not an attorney, but advised when someone purchases property, they purchase whatever judgements, liens, easements and rights are on the land. He feels the developer made attempts to speak to homeowners after he purchased the property, but he did not speak to all of the homeowners. He believed they only spoke to two homeowners. There were also two other people at the first meeting that did not own property in Lakeside Harbor. He noted there is an easement on the road, but there can be an overburden or an abuse on an easement. Mr. Reingold felt the project would not work because of that and further offered 16 U.S. Code 410kkk-4 indicates no governing body can be involved in private property. He announced he owns the gate with 11 other individuals. He did not want the gate or street touched and thought there was no distinction in the paperwork that separated the dock from Lakeside Harbor. Mr. Reingold understood there would be a HOA and inquired, hypothetically, what would occur if he decided he would be the Lakeside Harbor HOA. He asked if the new Harbor Cay HOA had to join the Lakeside HOA and thought there would be issues if the rules of the different HOA's conflicted. He commented certain engineers spoke with residents and gave them advice about what to do with their property to better benefit Harbor Cay. He thought it was collusive. Engineers should not speak to anyone except their client. He contended the project does not work. He thought a true developer would conduct due diligence and he did not see due diligence done. He did not want a sidewalk in front of his home and emphasized unless his neighbors get together and they all decide to pave the road, the road cannot be paved. The developer owns the north side and the south side of Lakeside Harbor and can build anything they want, but they cannot touch the road. He thought the Commission should forget about the drainage issue as all of the pumps on Lakeside Harbor were running perfectly as of Sunday and they added another one. He advised his gate will not be moved and there was a reason the gate was removed, Todd Bertossi, 626 Lakeside Harbor, agreed with Mr. Reingold. The storm that came through last week flooded his home and it was a two-hour rainstorm. He asked how the developer could raise the elevation and create a retention area for the neighborhood. He did not understand the process and advised he and four of his neighbors objected to the project. The residents were content except for the flooding and he noted the area the area is a historical area with homes dating back to 1891. Mark Mahar, 618 Lakeside Harbor, heard the concerns from the neighbors and was concerned about the accuracy of what was presented and what was just stated. The inaccuracy he is hearing is if residents were invited to meetings the developer requested. The two homeowners who spoke prior to him indicated they are general contractors. Mr. Mahar informed the Commission he is also a licensed general contractor and they have knowledge of development, building, substrait requirements, soils, and foundations. In 18 Page 852 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 order for a project to include drainage, they have to know about these Codes. Mr. Mahar noted Mr. Reingold had stated he was not in agreement, but he did not attend the meeting with the developer. He commented it is one thing to not want development, but everyone has the right to build. Mr. Mahar thought the development was a good project and it was good the developer wants to work with them. Mr. Mahar noted the positive aspects about the project. The developer was willing to improve the larger parcel. The developer could build 28 units, but are only building 18. The project is under the height limit. The project will add value to the neighborhood. The property is a historic site that has documentation dating back to the 1890's, but the homes are not historic. The developer has incorporated a drainage plan. The developer is required to build the project to meet all Codes and the FEMA Codes are stricter now than they were before. The location that is supposedly higher, currently floods down the street, but the developer was willing to contain the runoff on his site so it would not flood. He commented the developer is a willing participant to further improve the street with permission from the residents and the common owners have a say about the street and the dock. He thought whether there will be a future HOA or not had nothing to do with the issue. All of the neighbors have concerns about drainage. He thought the developer was doing the right thing. Mr: Mahar commented as to common ownership and the judgement, the residents are all part of making sure they all own 30 feet from Dixie Highway to the shore of Lake Worth. It includes the road, above and below the road, the gate and the dock. The actual street improvement between the 30 feet from Dixie Highway to where the rest of the neighborhood begins is what was referenced as being historic. The prior statement that four neighbors were opposed to the development was not true. He spoke to the other neighbors. He did not get that sense and those residents are not present. The other neighbors he spoke to supported the development. He has waited 18 years for something to occur. He encouraged and implored the neighbors who opposed the development to rethink their position and get involved in the project. No one else coming forward, Mayor Grant closed Public Comment. Mayor Grant explained the conditions of approval are not binding on the property owners. He asked if one resident did not want the road improved and the others did, if the developer would resurface all of the road except for the section in front of the home of resident who did not want the road resurfaced. Mr. Miller responded if there are some that do not want the resurfacing to occur, it is their prerogative. It was an offer to improve the entire roadway. He thought if there are modifications that need to be made if full consent is not obtained, it should be part of the conditions of approval. Mayor Grant noted there are some homes that have sidewalks, and they are the only homes on the street with them due to the Codes in effect at the time of construction. Commissioner Romelus thought it made no sense to break up the road and only resurface portions. If the judgement inJicates they would need approval of all 10 homeowners to 19 Page 853 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 resurface the entire road, it would be an improvement. If others disagreed, then let it be. The applicant has offered to resurface the entire length of Lakeside Harbor Drive for the adjacent neighborhood. It is an offer, not a requirement. Mayor Grant did not want one person to stop everyone else and he again referenced there are homes with a sidewalk without connecting sidewalks. Ed Breese, Planning and Zoning Director, clarified the applicant is not proposing to build sidewalks beyond his property line, only to resurface to the road down to its terminus if the neighbors agree. No sidewalks would be constructed beyond his site. Commissioner McCray noted Mr. Reingold commented he owned the gate. Mr. Miller explained the gate has since been removed. The developer offered to improve the gate. There will be further discussions with the homeowners about what happens beyond the property line. In order to provide drainage, the site can be described as a bowl with a higher perimeter so the drainage will run down and collect in the basin. It includes part of the roadway on Lakeside Harbor Drive. The developer will need at least the owners on both sides of that portion. Mr. Mahar is the owner of the vacant lot on the south side. The owner of the property on the north side attended the meeting and seemed to be in favor of the development. They will have to continue working with residents so the drainage would work properly. If the gate is rehung in its current condition, they can keep the original gate if wanted. Commissioner McCray advised he would support the project. Commissioner Romelus was perplexed why residents would turn down the opportunity to improve their community.. Motion Commissioner Penserga moved to approve Ordinance 19-014. Commissioner McCray seconded the motion. Commissioner Romelus wanted it to be clear since certain homeowners have expressed their unwillingness to corporate, that the developer will resurface the roadway up to their property line and their abutting neighbors to the east for roadway improvements. The developer's offers of conditional improvements do not need to be met at this point if the developer cannot obtain agreement of all the homeowners on that road. Mr. Miller agreed and pointed out the developer can comply with how the conditions are written, the conditions of approval and can reconstruct the portion of the road they need to, but they will need those property owner's approval. The same would apply to the gate. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. 0 Page 854 of 1106 " Meeting Minutes City orn ission Meeting Boynton ch, F lori a May 7, 2019 Motion Commissioner Penserga moved to approve Ordinance 19-015. Commissioner McCray seconded the motion that unanimously passed. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. Motion Vice Mayor Katz moved to approve Item C with conditions as stated. Commissioner McCray seconded the motion that unanimously passed. D. Approve text amendments to the Comprehensive Plan, including. PROPOSED ORDINANCE NO. 1 -012 - SECOND READING - Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (TBD upon return with State approval). PROPOSED ORDINANCE NO. 19-013 - SECOND READING - The Transportation Element, creating framework for potential future establishment of mobility fee. City-initiated.(TBD upon return with State approval). . CITY MANAGER'S 10. UNFINISHEDBUSINESS II. NEW BUSINESS A. Discuss Commission interest and authorize travel to National League of Cities City Summit in San Antonio, TX on November 20-23, 2019. Motion Vice Mayor Katz moved to approve authorization for travel for all who would like to attend. Commissioner McCray seconded the motion that unanimously passed. B. Mayor has requested the Commission discuss using comment cards. This is for all items and not just public comment. Three minutes to voice opinions does not apply to public hearing. 21 Page 855 of 1106 Meeting Minutes City Commission Meeting Boynton ch, Florida May 7, 2019 WHIMN Commissioner McCray noted the Commission has tried comment cards in the past. He did not support them. Mayor Grant explained the comment cards are not required. They are optional. Ms. Oyer pointed out comment cards have not worked in the past. Attendees listen to the ongoing dialog back and forth and then want to speak. She thought the cards would restrict the public. (Commissioner Romelus left the dais at 9:02 p.m.) Ms. Oyer thought it was wrong and it was bad enough they had to use them at County Commission meetings. The City Commission is the most basic level of government and she thought the public had the right to speak. Mayor Grant explained the cards were optional. If someone wanted to speak on an item, the City Commission will obtain the speaker's name and address instead of the City Clerk having to guess at the spelling. He did not want to hinder anyone. If someone wants to speak, they come up during public audience to speak about an agenda item. Commissioner Penserga requested clarification on whether the cards were optional and to supplement; not replace. Mayor Grant responded affirmatively. No one is prohibited from speaking if they do not fill out a comment card. If they want something read into the record, they still have that option to speak. Commissioner McCray noted the City Clerk can always ask the speaker to repeat themselves. Ms. Oyer pointed out she did not get a chance to speak last time and no one noticed. (Commissioner Romelus retumed at 9:04 p.m.) Commissioner McCray did not favor the comment cards. It treats adults as children and they failed three years ago. Mayor Grant contended it failed three years ago because it was required. He requested a trial run and asked for a motion to approve using the comment cards, not a public audience card, on a one-time basis at the next meeting. Motion Commissioner Penserga moved to approve. Vice Mayor Katz seconded the motion for discussion. Vice Mayor Katz pointed out the psychology in the prior Commission Chamber was all stood up and there was a line to speak formed against the wall and the acoustics were clear. In this room, when someone is finished speaking, someone else gets up and then the Mayor has to ask if anyone else wants to speak. He recommended as Mayor, he que everyone for public audience and line up along the wall. The same thing for Public 22 Page 856 of 1106 Meeting Minutes City Commission Meeting Boynton ch, Florida May 7, 2019 Audience. Vice Chair Katz was not truly behind the cards, but he agreed to try it as a practice run. Commissioner Romelus thought the comment cards should be written in the rules attached to the agendas, that if someone wanted to speak on any item on the agenda, they should stand by the podium. The City does not have to operate the same way as the County. Mayor Grant advised he has been to a lot meetings that use comment cards. Vote The motion passed 4-1, (Commissioner McCray dissenting.) Commissioner Romelus commented after the trial, she would not support continuing using the cards. ORDINANCE12. LEGAL A. PROPOSED - - SECOND READING -Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic"creating Section 14-13 entitled "Motorized Scooters". Attorney Bridgeman read Proposed Ordinance 19-010 by title only on second reading. Vice Mayor Katz commented the clarifications were made at the last meeting. The Ordinance prohibits the commercial enterprise of these devices. It would not prohibit residents from recreationally using scooters. Mayor Grant referenced section 14.A, which would prohibit the use, rental and parking of motorized scooters in the City. it does not restrict the business use. Vice Mayor Katz thought it needed to be strictly a prohibition of the commercial enterprise, not the individual, recreational use. Mayor Grant suggested language to read, "The purpose of this article is to prohibit the commercial use, rental and parking of motorized scooters in the City of Boynton Beach." Motion Commissioner McCray moved to table. Commissioner Romelus seconded the motion. Mayor Grant noted under Section 14-13, Motorized Scooters, Section A.1. would prohibit the commercial use and Section C would prohibit the commercial use and parking of a motorized scooter. Attorney Bridgeman commented a bill was recently passed regarding motorized scooters, which the Governor has not yet signed. Attorney Bridgeman commented there is a section in the Ordinance that would not prohibit the City Commission from exercising its authority to adopt ordinances governing the operation of micro-mobility devices such as scooters, but she may have to modify the Ordinance more to comply with the language in the Statute, in the event the Governor signs it. If the Governor signs the bill in the next two weeks, there may be additional modifications needed. 23 Page 857 of 1106 Meeting Minutes City Commission Meeting Boynton e c , Florida May 7, 2019 Vice Mayor Katz asked if the City would be restricted when the Governor signs the bill or if it had an effective date and learned it would become effective upon becoming law. Vote The motion passed 4-1, (Mayor Grant dissenting.) C. PROPOSED ORDINANCE NO. 19-016 - FIRST READING -Approve amending Part 2 of the City of Boynton Beach Code of Ordinances, Chapter 16, Section 16- 18 adding a definition of mooring and Section 16-60 Establishing hours of use at Harvey E. Oyer, Jr. Park., Item (d) to clarify non-permitted use. Attorney Bridgeman read Proposed Ordinance No 19-016 by title only on first reading. Motion Commissioner McCray moved to approve for discussion. Vice Mayor Katz seconded the motion. Mayor Grant explained the hours are not changing. The City was just adding the word "mooring" so it was clear park goers could not enter the park between 10 p.m. and dawn the next day. Commissioner McCray noted there are people that sit out on the water, and they bring their barges and sewage and dump it on City property. He thought it needed to be clarified. Wally Majors, Recreation and Parks Director, explained the hours are not changing for when people can come into the park. Staff is trying to address the concerns residents expressed about people tying their boats up to the park. The word storage was ambiguous so staff wanted to add the word "mooring" to the Ordinance, which specifically refers to tying a boat up to prevent it from floating away. Mayor Grant inquired what would occur if they moored their boat to the Harvey Oyer Boat Ramp dock at 11 p.m. or wherever else they could moor the boat. Mr. Majors explained if someone was actively boating and fishing, they use the park 24-hours a day, but individuals are not allowed to tie the boat to the dock and vacate the boat. If there is a complaint, it would be forwarded to the Police Department and they would be issued a civil citation which had a fine of about$85. Sergeant Phillip Hawkins, Boynton Beach Police Department, explained if the boat was moored, it would be similar to parking and the Police could tow the boat. Sergeant Hawkins advised there was a real problem at the boat park. It is a liability for the City and there are nefarious activities ongoing. The Police could either issue a citation or tow it. Mayor Grant suggested signage be used to let people know if they are moored overnight and not actively engaged in boating, fishing, or the vessel is not occupied, it will be towed. Mr. Majors explained most boaters are abide by the rules, but some break the rules. Vice Mayor Katz asked what type of nefarious activities were occurring and learned they were misdemeanors such as boating under the influence, but also stolen boats, drugs or illegal 24 Page 858 of 1106 Meeting Minutes City Commission Meeting Boynton ch, Florida7 2019 immigrants. He noted the inlet has the quickest boat ramp around, and Boynton Beach is the closest to the Bahamas. Commissioner Romelus questioned what dictates whether the Police would fine or tow. Sergeant Hawkins explained the Officer can make the determination. If the boat was left for a 30 minutes and the Officer runs the registration and are preparing to call a tow, but the owners show up, the Officers can issue the citation and have them move their boat. If the tow gets there, the boat is towed. It was noted the boat cannot be there for more than 30 minutes at a time. If the Officer issues a citation and called for the tow, but the owners showed up before the tow arrived, they will just receive issue the citation. Mayor Grant asked for comments from the public. No one came forward. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 19-017 - FIRST READING - Approval of Ordinance amending Section 14.3 regulating truck and other commercial use vehicle parking in residential neighborhoods. Attorney Bridgeman read Proposed Ordinance 19-017 by title only on first reading. Motion Commissioner McCray moved to approve for discussion. Commissioner Romelus seconded the motion. Commissioner McCray asked if a definition for an 18-wheeler was drafted. Mr. Groff advised they have to tweak the Ordinance to better clarify the regulations before the second reading. He commented the Ordinance addresses the issue the City was trying to address. It would not apply to recreational vehicles. Mr. Groff explained there are specific exemptions for those;, especially if they are on the owner's property. Vote Deputy City Clerk Nieves called the roll. The vote was -0. 13. FUTURE AGENDA ITEMS Commissioner Romelus wanted to ensure the City Commission receives the report for Margret Newton asking about the number of accidents that have occurred at the intersection she had referenced and for the Police to promulgate a plan of action. Sergeant Hawkins advised there were four accidents in the rolling year from May to May. The Police Department had taken speed measurements and he would get data together 25 Page 859 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 and ensure the Commission receives it. Speed complaints had also been addressed. Mr. Groff explained all those streets would be address in the new traffic study, once the City develops a pian for the City on where to place stop signs. There will be changes to stop signs in residential areas. The study will be finished in the next month and a half. Staff will put together a plan in the Forest Park neighborhood and then use the plan in similar neighborhoods. A. Department to give brief presentation of their operations Fire - May 2019 Development - July 2019 Library - September 2019 B. Caler, Donten & Levine (city auditors) will present the Comprehensive Annual Financial Report for FY 2018. - May 21, 2019 C. Discussion of Elected Officials expense stipend - May 21, 2019 D. Representative Mike Caruso post-legislative update - June 4, 2019 E. Commission wants to discuss public safety as it relates to the Town Square Redevelopment—June 2019 F. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - July 2019 . Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. H. The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use —TBD I. Staff to provide update on Town Square Project - May 21, 2019 26 Page 860 of 1106 Meeting Minutes City Commission Meeting Boynton Beach, FloridaMay7, 2019 14. ADJOURNMENT There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner Romelus seconded the motion that unanimously passed. The meeting was adjourned at 9:26 p.m. CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor—Justin Katz Commissioner - Mack McCray Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST Queenester Nieves, e ity Clerk for Judith l , CMC City Clerk Catherine hr Minutes Specialist 27 Page 861 of 1106 7.A. BIDS AND PURCHASES OVER$100,000 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-056-Authorize the City Manager to sign a contract utilizing the Palm Beach County Contract#2017055 with Wynn & Sons Environmental Construction CO. Inc. for the resurfacing and installation of cart pathways at the Golf course with an estimated annual expenditure of$177,720.50 plus a 10% contingency of$17,772 for unforeseen conditions for a estimated total expenditure of$195,492.50. The Palm Beach County procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract Term- January 22, 2019 to July 22, 2019 The City's Engineering Department is requesting to utilize the Palm Beach County contract#2017055 with Wynn & Sons Environmental Construction Co. for CIP Project GF1803 for installation, repairs and improvements to the City's Golf Course pathways. The work includes the following: • Resurfacing of approximately 3,030 feet of existing cart paths throughout the Golf Course • I nstallation of 880 feet of new cart paths • Installation of curbing • Repairs of an existing water control structure • Paving a section of the maintenance yard parking lot • Other miscellaneous asphalt and curb repair The project will be scheduled to start before the contract expiration. The Palm Beach County's contract is scheduled to go to PBC Commission for renewal on June 4, 2019 for the time period of July 22, 2019 thru January 22, 2021. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide the Golf Course with new and repaired cart paths for its customers, in addition to improving curbs and parking lots in need of repair. FISCAL IMPACT: Budgeted Funds are budgeted and available for CIP Project#GF1803. Account Number 302-4501-572-6301 Funds Available $250,000 ALTERNATIVES: To not approve utilizing the Palm Beach County contract and have the City issue it's own bid, which would delay the improvements. Page 862 of 1106 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resoltuion authorizing the Piggy-back of PBC Contract with Wynn & Sons D Contract City's Piggy-back cover contract with Wynn & Sons D Addendum Contract Renewal D Addendum Cost Estimate D Addendum Contract D Addendum Contract Pricing Page 863 of 1106 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING UTILIZING THE PALM BEACH COUNTY 5 CONTRACT NO. 2017055 WITH WYNN & SONS 6 ENVIRONMENTAL CONSTRUCTION CO, INC., FOR THE 7 RESURFACING AND INSTALLATION OF CART PATHWAYS AT 8 THE GOLF COURSE IN AN ESTIMATED ANNUAL EXPENDITURE 9 OF $177,720.50 PLUS A 10% CONTINGENCY OF $17,772.00 FOR A 10 TOTAL ESTIMATED EXPENDITURE OF $195,492.50; 11 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT 12 WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., 13 INC.; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the City's Engineering Department is requesting to utilize the Palm 17 Beach County Contract 42017055 with Wynn & Sons Environmental Construction Co., Inc., 18 for CIP Project GF 1803 for installation, repairs and improvements to the City's Golf Course 19 pathways, curbing and other asphalt and curb repairs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon the 21 recommendation of staff, deems it in the best interest of the citizens and residents of the City 22 of Boynton Beach to approve and authorize the City Manager to sign a Contract with Wynn & 23 Sons Environmental Construction Co., Inc., to provide resurfacing and installation of cart 24 pathways and curbing at the Golf Course based on the Palm Beach County Annual Pathway 25 and Minor Construction Contract Project No. 2017055 through July 22, 2019 but which is 26 scheduled to be extended by the County through January 22, 2021 in an estimated annual 27 expenditure of $177,720.50 plus a 10% contingency of $17,772.00 for any unforeseen 28 conditions for a total estimated expenditure of$195,492.50. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3o THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Piggy-back-PBC with Wynn(resurface pathways at GC) -Reso.docx Page 864 of 1106 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 32 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 33 Section 2. The City Commission of the City of Boynton Beach hereby approves 34 and authorizes the City Manager to sign a Contract with Wynn & Sons Environmental 35 Construction Co., Inc., to provide resurfacing and installation of cart pathways and curbing at 36 the Golf Course based on the Palm Beach County Annual Pathway and Minor Construction 37 Contract Project No. 2017055 through July 22, 2019 but which is scheduled to be extended by 38 the County through January 22, 2021 in an estimated annual expenditure of$177,720.50 plus 39 a 10% contingency of $17,772.00 for any unforeseen conditions for a total estimated 40 expenditure of$195,492.50, a copy of which is attached hereto as Exhibit"A". 41 Section 3. That this Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this day of , 2019. 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor—Justin Katz 50 51 Commissioner—Mack McCray 52 53 Commissioner—Christina L. Romelus 54 55 Commissioner—Ty Penserga 56 57 VOTE 58 ATTEST: 59 60 61 62 Judith A. Pyle, CMC 63 City Clerk 64 65 66 (Corporate Seal) S:ACA\RESO\Agreements\Piggy-back-PBC with Wynn(resurface pathways at GC) -Reso.docx Page 865 of 1106 PATHWAY AND MINOR CONSTRUCTION CONTRACT This Agreement is made as of this day of , 2019 by and between WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC., a Florida corporation with an address of 7268 Belvedere Road, West Palm Beach, FL 33411 ("WYNN" or"Contractor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, The City's Engineering Department is working on CIP Project GF 1803 for installation,repairs and improvements to the City's Golf Course pathways and is requesting to use WYNN which will provide the Golf Course with new and repaired cart paths for its customer, in addition to improving curbs and parking lots in need of repair; and WHEREAS, WYNN, has agreed to allow the City to piggy-back the Palm Beach County Annual Pathway and Minor Construction Contract Project No. 2017055 for pathway and minor construction and other related tasks throughout Palm Beach County currently through July 22, 2019 but which is scheduled to be extended by the County through January 22, 2021 in an estimated annual expenditure of $177,720.50 plus a 10% contingency of $17,772.00 for any unforeseen conditions for a total estimated expenditure of $195,492.50 at prices based on Palm Beach County contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and WYNN agree that WYNN shall provide resurfacing and installation of cart pathways and curbing at the Golf Course based on the Palm Beach County Annual Pathway and Minor Construction Contract Project No. 2017055 for pathway and minor construction and other related tasks throughout Palm Beach County currently through July 22, 2019 but which is scheduled to be extended by the County through January 22, 2021 in an estimated annual expenditure of $177,720.50 plus a 10% contingency of $17,772.00 for any unforeseen conditions for a total estimated expenditure of$195,492.50, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to Palm Beach County, shall be deemed as references to the City of Boynton Beach. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Palm Beach County, Florida. Page 1 S:ACA\AGMTS\Piggyback(PBC-Wynn)Resurface Pathways Agmt.Docx Page 866 of 1106 B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, 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 Agreement 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 Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: 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: Page 2 S:ACA\AGMTS\Piggyback(PBC-Wynn)Resurface Pathways Agmt.Docx Page 867 of 1106 1) Keep and maintain public records required by the CITY to perform the service; 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, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement 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 4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records,in a format that is compatible with the information technology systems of the CITY. 5) 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: (CITY CLERK) 3301 QUANTUM BLVD. BOYNTON BEACH, FL, 33435. 561-742-6061. CITYCLERK@BBFL.US Section 3. In the event that the Palm Beach County Contract is amended, or terminated, WYNN shall notify the City within ten (10) days. In the event the Palm Beach County Contract is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. WYNN agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition,including fees, charges or costs,which the City determines to be more favorable Page 3 S:ACA\AGMTS\Piggyback(PBC-Wynn)Resurface Pathways Agmt.Docx Page 868 of 1106 than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects,the terms and conditions of the Palm Beach County Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC. WITNESSES: BY: Daniel Wynn Title: President ATTEST: SECRETARY Page 4 S:ACA\AGMTS\Piggyback(PBC-Wynn)Resurface Pathways Agmt.Docx Page 869 of 1106 EXHIBIT A CONTRACT BETWEEN PALM BEACH COUNTY AND WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC. Page 5 S:ACA\AGMTS\Piggyback(PBC-Wynn)Resurface Pathways Agmt.Docx Page 870 Of 1106 . % 2018 4 . FIRST AMENDMENT Td I HE ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT PROJECT ® r DATED JANUARY 23r 2018 (112018-0012)BY AND BETWEEN WYNN &SONS ENVIRONMENTAL CONSTRUCTION CO. . AND PALM BEACH COUNTY THIS FIRST AMENDMENT to the ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT dated JANUARY 23, 2018 (R2018-0012) her i r "'CONTRACT" by and ®' r Commissioners f hereinafter political subdivisionFlorida, hereinafter, County, WITNESSETH on January i t t into monthtwelve WHEREAS, 1 r- y and minor construction, other related I c ; and WHEREAS, by this it t Amendment, the CONTRACTOR and the COUNTY mutually agree to amend the CONTRACT terms to add additional reporting language, with all original , conditions it prices adhered to, except as hereby amended. THEREFORE, in consideration of the mutual covenants, promises, and agreementsi contained, ies agree as follows: 1. The above recitations are truecorrect incorporated here 2. It is the intent of the partiesr that this ist Amendment shall t become binding til the date executedthe COUNTY. 3. llother provisions _ remainshall i fullf r ( 1 , x s . Responsibilities r contract Award - } shall include the following: I 1 (Lit of Proposed Participation) I r of Intent to Perform as an SBE or M/WBE Subcontractor) l be submittedit iz do . ® The COUNTY requiresT r cduring report at the end of the , the county of residence CONTRACTOR'S employees and its subcontractors' employees. agreesCONTRACTOR to prepareprovide required report withits request for final payment. 1 j Page 871 of 1106 IN WITNESS WHEREOF, the parties have caused this First Amendment to the Annual Pathway and Minor Construction Contract (R2018-0012) to be executed and sealed this day of JUN-g-5?p1 . 2018. 2 01 8 0820 JUN 0 5 2018 ATTEST: PACM kAdC:UUNTY, a Political SHARON R. BOCK Subdivision of the State of Florida Clerk and Comptroller Board of County Commissioners By:• f By: ;o, _ Deputy e c°nP�o� Melissa McKinlay, Mayor '. i; 1 ..... ```+ APPROVED AS TO FORMX%\\\\\\,\,\, ",' APPROVED AS TO TERMS AND LEGAL SUFFICIENCY p AND CONDITIONS Y li rnt Herman, Omelio A.. Fernandez, P.E. Assisunty At Roadway Production Division ATTEST: Wynn & Sons Environmental Construction Co. Inc. o ractor By: - By. eta Asst. Secretary (Signature) W m (.Seal)P� Daniel P. Wynn, President 2 R ROADWAY1PR01201712017055-Annual Pathwayl7_Annual Amendments and Change Orders\Tax Reporting_First Amendment Wynn&Sons_Rev1.docx Page 872 of 1106 WYNN&SONS ENVIRONMENTAL CONSTRUCTION CO. INC. Estimate WEST PALM BEACH,FL.33411 !3309 4/17/2019 , Ship To CITY OF BOYNTON BEACH Paola 24 EAST WOOLBRIGHT R Mendoza BOYNTON BEACH,FL 33435 Associate Engineer The links at Boynton Beach Pathway restoration 8-005 REMOVE EXISTING ASPHALT PER SY per inch lift 2,500 1.00 2,500.00 8-006 REGULAR EXCAVATION PER CY 110 5.00 550.00 8-009 FINISH EXISTING ROCK BASE PER SY 1,404 5.00 7,020.00 8-010 FINISH GRADING PER SY 2,961 3.00 8,883.00 8-025 MILL EXISTING ASPHALT- FULL SIZE MACHINE-1/2 DAY- 2 4,500.00 9,000.00 EACH 8-026 MILL EXISTING ASPHALT, PORTABLE MILLING MACHINE PER 1,500 5.00 7,500.00 SY 8-011 4'BASE PER SY 1,232 6.00 7,392.00 8-013 8"BASE PER SY 1,729 20.00 34,580.00 8-023 ACSC TYPE S-III (1 1/4) PER SY 2,693 8.50 22,890.50 8-030 SUPERPAVE ASPHALTIC CONCRETE(SP-9.5 TRAFFIC LEVEL 110 175.00 19,250.00 AC) (0-200 TON ORDERS) PER TN 8-132 PUMPING OR HAND PLACEMENT OF CONCRETE-1 DAY-EACH 6 2,000.00 12,000.00 8-107 CONCRETE CURB(TYPE D) PER LF 1,050 14.50 15,225.00 8-154 ROOT PRUNING(0"-36"DEEP) PER LF 500 10.00 51000.00 8-163 3 CY LOADER-DAY-EACH 2 loaders 4 days(material 8 1,500.00 12,000.00 support) 8-164 1-1/2 CY BACKHOE-DAY EACH weir repair 1 1,500.00 1,500.00 8-083 BCCMP PIPE CULVERT(18") PER LF 10 65.00 650.00 8-008 EMBANKMENT PER CY 40 7.00 280.00 8-101 RUBBLE RIP-RAP PER TN 10 200.00 2,000.00 8-134A CONCRETE COLLAR EMOVAL 1 1,500.00 1,500.00 8-173 TRAFFIC PAINT(ALL WIDTHS ft COLORS)PER SF 2,000 4.00 8,000.00 Total $177,720.50 Page 873 of 1106 } ANNUAL CONTRACT STATE OF FLORIDA 2 Off " OF PAL BEACH This , tract, madc flus day of.�.JAN 1 aN ,, Aa 0 �b, between, L ` TY, a political SUW%4sion of t1w, State of FlMda, (Itereinafter e9Co rvge`), «;WYNN & SOAKS m,I N OldMETAL CONSTRU MONCOMPANY. INC., Florida, and i - .tors, adnu nto p i. s, (hereinafter "Contractor). WITNESSETH: The Contractor agrees with the County', i t the n d. tion herein mentioned -at it% proper t and expense to do all the work, . all neces t =. ., matedals, prtr ruts mwhi , tools„ to Vi' state_ o 'l )rrtp+ trona. and; t compensation,taxes incurred in the perfonmanceoftho ontr rat, for the-, ANNUAL PATHWAY A . I 1 N TRU. .., . _ q w T f, '7 THE AMOUNTS : ci r�+'A w in work ordersa imed 4t e County. The 1 I t ` psi not required to issue any wuTk orders ber ,:nd r° The total value of, work ordm. issued under, , �i� x� d his, or hatIDollars ($9,,500, excwm as,may be its ped amording to Swi.. -1I taitht Contra" p i ions. Tbo Coninctor leragrm far the,comidleradon,herein m eritioned to cornmencethe wotk With adequate, forte and. equipment within: five(5) working days of the work order beingissued fair a X ciflc project. After cornmencernent of the workthie work: carder shallbe propeilyetched ' , completion, to the satisfaction of theEngineer, and sluill be,full'yomplew%rithinthe time lirrait specified in the-work, order, Should t o tirne 1imil for , leti r ofthe work ordcrcxcccd the ex.piration dztc of the amtract, the ork ordeT work will, continuz to conTlefian and the ,),Contracwshhall misure that Bonding and Insurance Govern.e do not epi A all work uWas UW 'gar to the expiration of duffs CoMmut ne emnppletcl accepted,. It is understood and that the time limit for cumpletion,off d work.is the essence of ffie Cuntract- If Contractor is to empjete tlm work withmnthe time Irmo, 'it i that fox such calendar day that any "'work,provided fix in these.Contractkic eut rm ire in""Anplet ager the time limit has cxpercd, y Iudin S anyof c ial extm s ion of thetimce limit,. r dad. i ven in the contained scheduit es fallbe deducted ftmmoniesdue!be Conizactor, not, a penty,but as, liquidated darnaga and added expense` or i for m q� The Contractor shall take: into a000unt all contingent work whdch has to be do= e, other [e },V49wng ftotmi anyosuse hatsc , , and aboJI not: pleul its wxu of kmwledgg of" udh, contingent, %,ori ,an excusic for delay in a Controdur'swork, its n n7 S` tr 1 Y Page 874 of 1106 XNNUAL CONTRACT t' nWESS .�: 9 the f'a i � s teas I Path - 'Miner Ce' ca ' Contrwt to be"cauted 8,TW scaled the daym d ycar fist teni vt, TdR 2, 018 0 J 718 ,k C"& H COQ CCom4milex PoliticalSubdivision of ft 'SlatcofFlondn 6TY 1114 P , ARD OF CGUNTY COMMISSION'ElkS s: I tt; i , } � APPROVED TO TERMIS '-t (witnIcst nalfic'' (in Sol 5 tate of in � m a f' , ® e . i . y e . fY It I yl waaa w®„ WT }, l a J 8 w yy �' M Y re' Page 875 of 1106 BID PROPOSALENCINEEftS Wynn&Sons Envir. ANNUAL PATHWAY&MINOR CONSTRUCTION CONTRACT F111=1E Construction,Inc. PBC PROJECT#2017055 $ ITEM# ITEM DESCRIPTION I CITY. UNI UNIT PRICE UNIT PRICE TOTAL 1 Emergency Response,Less than 6 Hours 10 EA t $ 50.00 $ 50.00 $ 500.00 2 Emergency Response,6 Hours to 24 Hours 20 EA $ 50.00 $ 50.00 $ 1,000.00 3 Emergency Response,24 Hours to 72 Hours 30 EA $ 50.00 $ 50.00 $ 1,500.00 ROADWAY ITEMS 4 Clearing&Grubbing 200 AC $ 50.00 $ 50.00 $ 10,000.00 5 Remove Existing Asphalt(Full Depth)(See Notes) 20,000 SY $ 1.00 $ 1.00 $ 20,000.00 6 Regular Excavation 10,000 CY $ 5.00 $ 5.00 $ 50,000.00 7 Shallow Excavation(Depth<4 Ft.) 3,000 CY $ 5.00 $ 7.00 $ 21,000.00 8 Embankment(Compacted in Place) 2,500 CY $ 7.00 $ 7.00 $ 17,500.00 9 Finish Existing Rock Base(Incl.Prime Coat) 1,000 SY $ 5.00 $ 5.00 $ 5,000.00 10 Finish Grading 20,000 SY $ 3.00 $ 3.00 $ 60,000.00 11 4"Base(Incl.Prime Coat) 15,000 SY $ 5.00 $ 6.00 $ 90,000.00 12 6"Base(Incl.Prime Coat) 20,000 SY $ 8.00 $ 7.00 $ 140,000.00 13 8"Base(Incl.Prime Coat) 5,300 SY $ 20.00 $ 20.00 $ 106,000.00 14 Optional Base Group 4 500 SY $ 11.00 $ 9.00 $ 4,500.00 15 Optional Base Group 7 10,000 SY $ 11.00 $ 20.00 $ 200,000.00 16 Optional Base Group 10 500 SY $ 11.00 $ 27.00 $ 13,500.00 17 Optional Base Group 13 10,000 SY $ 15.00 $ 27.00 $ 270,000.00 18 ACSC Type S(<20 Tons Orders) 1,000 TN $ 200.00 $ 200.00 $ 200,000.00 19 ACSC Type S(20-50 Ton Orders) 1,000 TN $ 130.00 $ 160.00 $ 160,000.00 20 ACSC Type S(51-100 Ton Orders) 1,000 TN $ 149.00 $ 150.00 $ 150,000.00 21 ACSC Type S(>100 Ton Orders) 5,000 TN $ 115.00 $ 150.00 $ 750,000.00 22 ACSC Type S-1 (1 1/4")(Incl.Tack Coat) 5000 SY $ 6.50 $ 8.50 $ 42,500.00 23 ACSC Type S-III(1 1/4")(Incl.Tack Coat) 10000 SY $ 8.50 $ 8.50 $ 85,000.00 24 Asphalt Driveway(1 1/2")(Incl.6"Base) 1800 SY $ 14.50 $ 17.50 $ 31,500.00 25 IMill Existing Asphalt,Full Size Milling Machine-1/2 Day(See Notes) 30 EA $ 3,500.00 $ 4,500.00 $ 135,000.00 26 Mill Existing Asphalt,Portable Milling Machine(See Notes) 5300 SY $ 5.00 $ 5.00 $ 26,500.00 27 Reuse Millings For Pathway(6"Deep) 3000 SY $ 5.00 $ 5.00 $ 15,000.00 28 Misc.Asphalt(0-50 Ton Orders)(Incl.Tack Coat)(See Notes) 150 TN $ 145.00 $ 175.00 $ 26,250.00 29 Misc.Asphalt(>50 Ton Orders)(Incl.Tack Coat)(See Notes) 100 TN $ 120.00 $ 175.00 $ 17,500.00 30 Superpave Asphaltic Concrete(SP-9.5 Traffic Level C)(0-200 Ton Orders) 200 TN $ 150.00 $ 175.00 $ 35,000.00 31 Superpave Asphaltic Concrete(SP-9.5 Traffic Level C)(>200 Ton Orders) 15,000 TN $ 103.95 $ 110.00 $ 1,650,000.00 32 Superpave Asphaltic Concrete(SP-12.5 Traffic Level C)(0-200 Ton Orders) 2,000 TN $ 115.00 $ 175.00 $ 350,000.00 33 Superpave Asphaltic Concrete(SP-12.5 Traffic Level C)(>200 Ton Orders) 4,000 TN r $ 100.00 r $ 110.00 $ 440,000.00 34 Pavement Texturing:Colored Coating-Standard Formula 100 SY r $ 20.00 r $ 20.00 $ 2,000.00 35 Pavement Texturing:Colored Coating-Traffic Formula 100 SY It. $ 22.00 It. $ 22.00 $ 2,200.00 36 Pavement Texturing:Heat&Imprint Existing Pavement 100 SY It. $ 35.00 It. $ 35.00 $ 3,500.00 37 Pavement Texturing:Imprint New Installation 100 SY It. $ 50.00 It. $ 75.00 $ 7,500.00 38 Pavement Texturing:Sealer Concrete 100 SY It. $ 20.00 It. $ 20.00 $ 2,000.00 39 Paver Brick 100 SY It. $ 75.00 It. $ 100.00 $ 10,000.00 40 lRemove Paver Brick 100 SY It. $ 20.00 It. $ 75.00 $ 7,500.00 41 lReset Paver Brick 100 SY $ 25.00 $ 125.00 $ 12,500.00 DRAINAGE ITEMS 42 Inlets(Curb)(Type P-1)<10' 10 EA 1t. $ 2,800.00 1t. $ 2,500.00 $ 25,000.00 43 Inlets(Curb)(Type P-1)(Partial-Top Only) 15 EA $ 2,000.00 $ 2,500.00 $ 37,500.00 44 Inlets(Curb)(Type P-2)<10' 10 EA It. $ 2,800.00 It. $ 2,800.00 $ 28,000.00 45 Inlets(Curb)(Type P-2)(Partial-Top Only) 15 EA It. $ 2,000.00 It. $ 2,500.00 $ 37,500.00 46 Inlets(Curb)(Type P-5)<10' 10 EA It. $ 3,800.00 It. $ 3,500.00 $ 35,000.00 47 Inlets(Curb)(Type P-5)(Partial-Top Only) 15 EA It. $ 2,000.00 It. $ 2,500.00 $ 37,500.00 48 Inlets(Curb)(Type P-6)<10' 10 EA It. $ 3,800.00 It. $ 3,900.00 $ 39,000.00 49 Inlets(Curb)(Type P-6)(Partial-Top Only) 15 EA It. $ 2,200.00 It. $ 2,500.00 $ 37,500.00 50 Inlets(Ditch Bottom)(Type C) 20 EA It. $ 2,800.00 It. $ 3,000.00 $ 60,000.00 51 Inlets(Ditch Bottom)(Type D) 10 EA It. $ 3,800.00 It. $ 3,800.00 $ 38,000.00 52 Inlet(Closed Flume)Type 1 20 EA It. $ 1,000.00 It. $ 2,500.00 $ 50,000.00 53 Inlet(Closed Flume)Double Barrel 5 EA It. $ 1,500.00 It. $ 4,500.00 $ 22,500.00 54 Inlet(Remove and Dispose) 10 EA It. $ 500.00 It. $ 1,500.00 $ 15,000.00 55 Manhole(Type P-8)<10' 20 EA It. $ 2,900.00 It. $ 3,000.00 $ 60,000.00 56 Manhole(Type 8)(Partial-Top Only) 10 EA It. $ 3,000.00 It. $ 3,000.00 $ 30,000.00 57 Steel Reticuline Frame&Grate(Installed)(Index 232) 25 EA $ 350.00 $ 1,250.00 $ 31,250.00 58 Adjust Existing Manhole or Inlet 25 EA It. $ 850.00 It. $ 900.00 $ 22,500.00 59 Manhole Cover(Replace) 10 EA It. $ 100.00 It. $ 1,200.00 $ 12,000.00 60 Manhole Cover(Adjust) 20 EA It. $ 850.00 It. $ 750.00 $ 15,000.00 61 Manhole Riser(1"to 2") 25 EA It. $ 50.00 It. $ 350.00 $ 8,750.00 62 Manhole Ring and Cover(24")(Traffic Rated) 25 EA It. $ 750.00 It. $ 1,500.00 $ 37,500.00 63 Modify Inlet&Install Reticuline Frame&Grate 5 EA It. $ 750.00 It. $ 1,500.00 $ 7,500.00 64 Modify,Repair and/or Rebuild Existing Curb Inlet 10 EA It. $ 1,500.00 It. $ 2,500.00 $ 25,000.00 65 Adjust Valve Box 200 EA It. $ 20.00 It. $ 50.00 $ 10,000.00 66 Valve Box Cover(Replace) 20 EA It. $ 100.00 It. $ 115.00 $ 2,300.00 67 Valve Box Cover(Adjust) 20 EA It. $ 50.00 It. $ 150.00 $ 3,000.00 68 Relocate Fire Hydrant 10 EA It. $ 2,300.00 It. $ 2,900.00 $ 29,000.00 69 Yard Drain(index 282) 10 EA It. $ 1,100.00 It. $ 1,800.00 $ 18,000.00 70 Concrete Pipe Culvert(15"RCP) 200 LF It. $ 43.50 It. $ 95.00 $ 19,000.00 71 Concrete Pipe Culvert(18"RCP) 1000 LF $ 33.50 $ 45.00 $ 45,000.00 72 Concrete Pipe Culvert(24"RCP) 1000 LF It. $ 55.00 It. $ 69.00 $ 69,000.00 73 Concrete Pipe Culvert(36"RCP) 1000 LF It. $ 100.00 It. $ 70.00 $ 70,000.00 74 HDPE Pipe Culvert(18") 1000 LF It. $ 30.00 It. $ 45.00 $ 45,000.00 75 HDPE Pipe Culvert(24") 1000 LF It. $ 35.00 It. $ 59.00 $ 59,000.00 76 HDPE Pipe Culvert(36") 1000 LF It. $ 40.00 It. $ 80.00 $ 80,000.00 77 HDPE Pipe Culvert(48") 1000 LF It. $ 45.00 It. $ 99.00 $ 99,000.00 78 A-2000 Pipe Culvert(15"PVC) 100 LF It. $ 50.00 It. $ 65.00 $ 6,500.00 79 A-2000 Pipe Culvert(18"PVC) 500 LF It. $ 50.00 It. $ 59.00 $ 29,500.00 80 A-2000 Pipe Culvert(24"PVC) 500 LF It. $ 55.00 It. $ 59.00 $ 29,500.00 81 Corrugated Steel Pipe Culvert(42"Dia.) 25 LF It. $ 100.00 It. $ 135.00 $ 3,375.00 Page 876 of 1106 N:IROA-YIGRO 1201]1201]055-An 1P,th.,y12_Bid Spec 1`-16 Bid Op,,i,q 12017055 Goth.dy&Minor Goy Item Bid Tdbuldti,,-I,x BID PROPOSAL ENCINEEftS Wynn&Sons Envir. ANNUAL PATHWAY&MINOR CONSTRUCTION CONTRACT EsnrrarE Construction,Inc. PBC PROJECT#2017055 ITEM# ITEM DESCRIPTION I CITY. JUNI UNIY PRICE UNIT PRICE I TOTAL 82 BCCMP Pipe Culvert(15") 100 LF it. $ 43.50 it. $ 65.00 $ 6,500.00 83 BCCMP Pipe Culvert(18") 500 LF it. $ 43.50 it. $ 65.00 $ 32,500.00 84 BCCMP Pipe Culvert(24") 500 LF it. $ 55.00 it. $ 75.00 $ 37,500.00 85 Mitered End Section(Round)(15") 5 EA it. $ 750.00 it. $ 1,500.00 $ 7,500.00 86 Mitered End Section(Round)(18") 10 EA it. $ 800.00 it. $ 1,500.00 $ 15,000.00 87 Mitered End Section(Round)(24") 10 EA it. $ 900.00 it. $ 1,700.00 $ 17,000.00 88 Mitered End Section(Round)(36") 10 EA it. $ 1,000.00 it. $ 2,500.00 $ 25,000.00 89 IMitered End Section(Round)(42") 10 EA it. $ 1,500.00 it. $ 2,700.00 $ 27,000.00 90 Mitered End Section(Round)(15"BCCMP) 5 EA it. $ 750.00 it. $ 1,500.00 $ 7,500.00 91 Mitered End Section(Round)(18"BCCMP) 10 EA it. $ 800.00 it. $ 1,500.00 $ 15,000.00 92 Mitered End Section(Round)(24"BCCMP) 10 EA it. $ 900.00 it. $ 1,700.00 $ 17,000.00 93 ADS Flared End(18"HDPE) 2 EA it. $ 500.00 it. $ 1,500.00 $ 3,000.00 94 ADS Flared End(24"HDPE) 2 EA it. $ 600.00 it. $ 1,600.00 $ 3,200.00 95 ADS Flared End(36"HDPE) 2 EA it- $ 700.00 it- $ 2,000.00 $ 4,000.00 96 ADS Flared End(48"HDPE) 2 EA it. $ 800.00 it. $ 3,000.00 $ 6,000.00 97 French Drains(18"CMP)(incl.Ballast Rock&Filter Fabric) 25 LF it. $ 75.00 it. $ 150.00 $ 3,750.00 98 French Drains(24"CMP)(incl.Ballast Rock&Filter Fabric) 25 LF it. $ 75.00 it. $ 200.00 $ 5,000.00 99 French Drains(18"RCP)(incl.Ballast Rock&Filter Fabric) 100 LF it. $ 75.00 it. $ 150.00 $ 15,000.00 100 French Drains(24"RCP)(incl.Ballast Rock&Filter Fabric) 100 LF it. $ 75.00 b 00.00 $ 20,000.00 101 Rubble Rip-Rap 250 TN it. $ 100.00 00.00 $ 50,000.00 102 #57 Coarse Aggregate(FDOT) 10 TN it. $ 250.00 00.00 $ 2,000.00 103 Sand Cement Endwall 15 CY it. $ 500.00 50.00 $ 11,250.00 104 Dewatering(6"Pump/Wellpoints) 10 ED $ 500.0000.00 $ 25,000.00 CONCRETE ITEMS 105 Misc.Concrete(Incl.Reinforcing Steel) 100 Cy 1t. $ 450.00 1t. $ 750.00 $ 75,000.00 106 Class I Concrete(Gravity Wall) 50 Cy it. $ 450.00 it. $ 750.00 $ 37,500.00 107 Concrete Curb(Type D)(See Notes) 10000 LF it. $ 12.00 it. $ 14.50 $ 145,000.00 108 Concrete Curb Type D Removal 750 LF it- $ 5.00 i $ 15.00 $ 11,250.00 109 Concrete Curb&Gutter(Type F) 20000 LF it. $ 13.50 it. $ 17.50 $ 350,000.00 110 Concrete Curb&Gutter Type F Removal 11000 LF it. $ 5.00 it. $ 6.00 $ 66,000.00 111 Concrete Valley Gutter 1600 LF $ 9.00 $ 18.00 $ 28,800.00 112 Concrete Valley Gutter Removal 3000 LF it. $ 3.00 it. $ 9.00 $ 27,000.00 113 Concrete Curb&Gutter(9")(PBC Standard) 100 LF it. $ 15.00 it. $ 35.00 $ 3,500.00 114 Concrete Curb&Gutter(9")Removal 25 LF it. $ 5.00 it. $ 15.00 $ 375.00 115 Concrete Flush Header Curb(PBC Standard) 25 LF it. $ 25.00 it. $ 55.00 $ 1,375.00 116 Concrete Flush Header Curb Removal 500 LF it. $ 5.00 it. $ 15.00 $ 7,500.00 117 Concrete Mountable Gutter(PBC Standard) 50 LF it. $ 15.00 it. $ 35.00 $ 1,750.00 118 Concrete Mountable Gutter Removal 50 LF it. $ 5.00 it. $ 15.00 $ 750.00 119 Traffic Separator Conic(Type 1) 1500 SY it. $ 25.00 it. $ 50.00 $ 75,000.00 120 Traffic Separator Conic(Type IV) 50 SY it. $ 45.00 it. $ 85.00 $ 4,250.00 121 Traffic Separator Concrete,Removal 50 SY it. $ 6.00 it. $ 55.00 $ 2,750.00 122 Concrete Sidewalk(4"Thick)-Less Than 10 SY 1000 SY it- $ 50.00 i $ 65.00 $ 65,000.00 123 Concrete Sidewalk(4"Thick)-10 Sy to Less than 50 SY 1000 SY it. $ 50.00 it. $ 45.00 $ 45,000.00 124 Concrete Sidewalk(4"Thick)-50 SY or Greater 5000 SY it. $ 24.00 it. $ 40.00 $ 200,000.00 125 Concrete Sidewalk(6"Thick)(Driveway)-Less Than 8 SY 500 SY it. $ 200.00 it. $ 150.00 $ 75,000.00 126 lConcrete Sidewalk(6"Thick)(Driveway)-8 SY To Less Than 35 SY 1000 SY it. $ 100.00 it. $ 150.00 $ 150,000.00 127 Concrete Sidewalk(6"Thick)(Driveway)-35 SY Or Greater 15000 SY it. $ 41.00 it. $ 49.00 $ 735,000.00 128 Concrete Sidewalk(6"Thick)(ADA Ramps) 15000 SY it. $ 60.00 it. $ 57.00 $ 855,000.00 129 Cast-In-Place and/or Surface Applied Tactile Surface 21000 SF it. $ 14.50 it. $ 18.00 $ 378,000.00 130 Pump Mix for Concrete Pumping 500 Cy it. $ 35.00 it. $ 100.00 $ 50,000.00 131 Pumping or Hand Placement of Concrete-1/2 Day 5 EA it. $ 500.00 it. $ 1,000.00 $ 5,000.00 132 Pumping or Hand Placement of Concrete-1 Day 5 EA it. $ 1,000.00 it. $ 2,000.00 $ 10,000.00 133 4"Concrete Removal 5000 SY it. $ 7.00 it. $ 12.00 $ 60,000.00 134 6"Concrete Removal 5000 SY $ 7.00 $ 12.00 $ 60,000.00 FENCING AND RAILING ITEMS 135 Type B Fence (4'High)(w/Top Rail)Green Vinyl Clad 200 LF 1t- $ 30.00 1 $ 50.00 $ 10,000.00 136 Type B Fence (6'High)(w/Top Rail)Green Vinyl Clad 400 LF it. $ 32.00 it. $ 75.00 $ 30,000.00 137 Chain Link Fence-Removal&Disposal 250 LF it. $ 20.00 it. $ 10.00 $ 2,500.00 138 Double Rail Wood Fence-Furnish&Install 400 LF $ 39.00 $ 65.00 $ 26,000.00 139 Double Rail Wood Fence-Relocation 350 LF it. $ 18.00 it. $ 25.00 $ 8,750.00 140 Double Rail Wood Fence-Removal 100 LF it. $ 8.00 it. $ 10.00 $ 1,000.00 141 Aluminum Pipe Handrail(3 Rail) 150 LF it. $ 95.00 it. $ 150.00 $ 22,500.00 142 ISteel Pipe Handrail(3 Rail) 150 LF it. $ 65.00 it. $ 150.00 $ 22,500.00 143 ISafety Pipe Rail(2") 100 T LF $ 65.00 $ 150.001$ 15,000.00 LANDSCAPING ITEMS 144 Seed and Mulch 500 9Y 1t. $ 0.50 1t. $ 3.00 $ 1,500.00 145 Sodding(To Match Existing)(See Notes) 25000 SY it. $ 1.50 it. $ 4.00 $ 100,000.00 146 Synthetic Turf(Foreverl-awn or Equal)with 2.5"Foam Underlay(F&I) 1000 SY it. $ 10.00 it. $ 130.00 $ 130,000.00 147 Top Soil(6"Thick) 2000 SY it. $ 3.00 it. $ 8.00 $ 16,000.00 148 Poured in Place Rubber Mulch(Rainbow Turf Products or Equal)(F&I) 500 SY itI $ 5.00 i $ 130.00 $ 65,000.00 149 Stump Removal 80 EA it. $ 100.00 it. $ 150.00 $ 12,000.00 150 Tree Relocation 20 EA it. $ 100.00 it. $ 200.00 $ 4,000.00 151 Tree Removal(Less than 12"Caliper) 50 EA $ 100.00 $ 500.00 $ 25,000.00 152 Tree Removal(12"-24"Caliper) 50 EA it. $ 100.00 it. $ 750.00 $ 37,500.00 153 Tree Removal(Palms-All Sizes) 50 EA it. $ 100.00 it. $ 350.00 $ 17,500.00 154 Root Pruning(0"-36"deep) 2000 LF it. $ 10.00 it. $ 10.00 $ 20,000.00 155 18"Root Barrier 100 LF it. $ 40.00 it. $ 60.00 $ 6,000.00 156 24"Root Barrier 1000 LF it. $ 41.00 it. $ 25.00 $ 25,000.00 157 36"Root Barrier 8000 LF it. $ 50.00 it. $ 30.00 $ 240,000.00 158 48"Root Barrier 500 LF it. $ 50.00 it. $ 45.00 $ 22,500.00 159 Vegetation Relocation(Including Watering) 10 HR it. $ 100.00 it. $ 100.00 $ 1,000.00 160 2"PVC Pipe(Schedule 40) 1000 LF it. $ 10.00 it. $ 20.00 $ 20,000.00 161 4"PVC Pipe(Schedule 40) 100 LF it. $ 15.00 it. $ 15.00 $ 1,500.00 162 6"PVC Pipe(Schedule 40) 200 LF it- $ 35.00 it- $ 45.00 $ 9,000.00 Page 877 of 1106 N:IROA-YIGRO 1201]1201]055-An 1Goth.,y12_Bid Spec Forms 16 Bid Op,,i,q 12017055 Gothwoy&Minor Goy Item Bid Tobuloti,,-I,x BID PROPOSAL ENCINEEftS Wynn&Sons Envir. ANNUAL PATHWAY&MINOR CONSTRUCTION CONTRACT EsnrrarE Construction,Inc. PBC PROJECT#2017055 ITEM# ITEM DESCRIPTION I QTY. JUNITI UNIY PRICE UNIT PRICE TOTAL EQUIPMENT'ITEMS 163 3 CY Loader-Day 10 EA 1t. $ 500.00 1t. $ 1,500.00 $ 15,000.00 164 1-1/2 CY Backhoe-Day 10 EA It. $ 500.00 It. $ 1,500.00 $ 15,000.00 165 140 Ton Crane,Crawler or Wheel Mount-Day 1 15 EA $ 1,500.00 $ 2,000.00 $ 30,000.00 PILING AND SHEETING ITEMS 166 8"Treated Timber Piling 100 LF 1t. $ 35.00 1t. $ 45.00 $ 4,500.00 167 10"Treated Timber Piling 100 LF It. $ 36.00 It. $ 52.50 $ 5,250.00 168 10"Treated Timberguard-Wood Piling 500 LF It. $ 51.00 It. $ 67.50 $ 33,750.00 169 12"Square Precast Pre-Stressed Concrete Piling 500 LF It. $ 62.00 It. $ 94.50 $ 47,250.00 170 14"Square Precast Pre-Stressed Concrete Piling 100 LF It. $ 65.00 It. $ 101.25 $ 10,125.00 171 Temporary or Permanent Steel Sheet Piling 100 SF $ 60.00 $ 80.00 $ 8,000.00 SIGNING AND MARKING ITEMS 172 ADA Handicapped Parking Sign-Furnish&Install 5 EA 1t. $ 350.00 1t. $ 750.00 $ 3,750.00 173 Traffic Paint(All Widths&Colors)(See Notes) 500 SF It- $ 2.50 It- $ 4.00 $ 2,000.00 174 Thermoplastic Pavement Marking(All Widths&Colors)(See Notes) 500 SF It. $ 5.00 It. $ 7.50 $ 3,750.00 175 Wheel Stops-Furnish&Install 100 EA It. $ 20.00 It. $ 55.00 $ 5,500.00 176 Remove&Re-Install Wheel Stops 100 EA It. $ 9.00 It. $ 35.00 $ 3,500.00 177 Sign(Relocate) 20 EA It. $ 10.00 It. $ 250.00 $ 5,000.00 178 Speed Humps 1000 SY It. $ 60.00 It. $ 50.00 $ 50,000.00 179 Stamped Colored Concrete(5"Thick) 100 SY It. $ 60.00 It. $ 85.00 $ 8,500.00 180 ISteel Bollard 20 1 EA It. $ 350.00 It. $ 750.00 $ 15,000.00 181 lRemovable Bollard 20 EA $ 100.00 $ 1,200.00 $ 24,000.00 MISCELLANEOUS ITEMS i 182 Premium for Conflict Condition 5 EA 1t. $2,000.0011. $ 1,500.00 $ 7,500.00 183 Premium to Increase Box Depth to>10' 5 EA It. $1,900.001j $ 1,500.00 $ 7,500.00 184 Premium to Increase Box from P to J 5 EA It. $1,500.001,. $ 1,500.00 $ 7,500.00 185 IPE Boardwalk Decking&Top Rail(5/4"X 6")-Furnish&Install 1000 LF 1t. $12.0011. $ 16.50 $ 16,500.00 186 Mail Boxes(Reset) 150 EA 1t- $25.0011- $ 20.00 $ 3,000.00 187 Pull Boxes(Brooks) 5 EA 1t. $100.001'. $ 950.00 $ 4,750.00 188 Sandblasting-1/2 Day 20 EA 1t. $750.0011. $ 2,500.00 $ 50,000.00 189 Sandblasting-Full Day 10 EA $1,200.00 $ 3,500.00 $ 35,000.00 190 Pressure Cleaning 10 ED 1t. $1,201.0011. $ 2,000.00 $ 20,000.00 191 Southern Yellow Pine Lumber-Furnish&Install 15000 BF 1t. $8.0011. $ 8.00 $ 120,000.00 192 Southern Yellow Pine Lumber-Removal&Disposal 20000 BF $1.00 $ 4.00 $ 80,000.00 TOTALBIDAIYIOUNT $11,93.6,000.00 Page 878 of 1106 N:IROADWIYIGR0I201]I201]055-A-1P,th.,y12_Bid Spec F-16 Bid 0p,,i,g12017055 Goth.dy&Minor Goy Item Bid Tobulo[ions.xlsx PBC PROJECT#2017055 THE ITEMS AND QUANTITIES SHOWN,SHALL GOVERN OVER THE PLANS. PAY ITEM FOOTNOTES IN CONSTRUCTION PLANS SHALL ALSO BE INCLUDED IN ITEM UNIT PRICE. THE COUNTY DOES NOT GUARANTEE THE ACCURACY OF THE FORMULAS AND EXTENSIONS USED IN THIS SPREADSHEET. THE ITEMS AND QUANTITIES ABOVE,SHALL GOVERN OVER THE PLANS. PAY ITEM FOOTNOTES IN CONSTRUCTION PLANS SHALL ALSO BE INCLUDED IN ITEM UNIT PRICE. As-builts shall be paid per plan sheet Removable Bollard-Includes all costs associated with installation of removable bollards at locations designated by the County. All labor and materials,including excavation,rock drain,concrete foundation,bollare pipe,ground sleeve with locking mechanism,painting and restoration of the area,are incidental to the Item. Steel Bollard-Includes all costs associated with installation of steel bollards at locations designated by the County. All labor and materials,including excavation,concrete foundation,bollard pipe,painting and restoration of the area,ar incidental to the pay item. Clearing and Grubbing Specifications for various processes required under clearing and grubbing item. Also includes cutting and capping irrigation lines. Pumping or Hand Placement of Concrete-These items shall include all equipment and labor required for placement of concrete in areas not accessible by conventional concrete truck(assumed 12'long chute),either by hand or by pumping,and shall be in addition to the per square yard price for 4"and 6"concrete items. Pump Mix for Concrete Pumping-This item represents a surcharge to the per square yard price for 4"and 6" concrete items to cover costs for special admixtures,etc.required for pumping concrete under Pumping or Hand Placement of Concrete items. Concrete Sidewalk Items-These items shall include all materials,labor and equipment. Concrete 51clewailK[0 1 HICK) amps -Includes only areas Or e ramps ana transitions l5aCK to level Concrete Traffic Separator Removal-Includes removal of base material or any other material unsuitable for planting which may be located in the traffic separator area. The cost to construct curb pads shall be included in the unit price for each respectivecurb item. Concrete Curb Type D shall include Athletic Field Backstop Curbing. Dewatering-Well Point equipment up to 150 points complete,including pump and associated jetting equipment.Well Point Equipment shall only be used in the prosecution of work under this contract as requested by the appointed Palm Beach County Project Supervisor. Double Rail Wood Fence Relocation-Includes all labor,equipment and materials required for removal of wood fence rails and posts,stockpiling and protecting material and re-installation of posts and double rail wood fence. Furnishing and installing replacement items which have been damaged during removal or storage shall be considered incidental to the pay item. Double Rail Wood Fence Removal-Includes all labor,equipment and materials required for removal of wood fence rails and posts and stockpiling on-site for recovery by County personnel or proper disposal by Contractor. Removal and disposal of existing item to be replaced or repaired shall be incidental to alldrainage structure items. Excavation includes cutting and capping irrigation lines. Finish Existing Rock Base-Includes all labor,equipment and baserock material sufficient to level,lightly grade and compact the existing rock base prior to application of prime coat. Finish Grading-Includes all labor,equipment and materials required for fine grading and shaping of areasdisturbed by other operations. Finish Grading does not replace grading and shaping incidental to the items Sodding and Seeding and Mulching. Milling Existing Asphalt Pavement Items per square yard are based on the indicated depth of milling. In the event that other millin de the are re uired,the contract rice for Mill Existin As halt Pavemlent will be ad'usted in 1/2" t xts sling spa u tze t tng ac tne-Includes use o mi ing mac ine, room rac or,an other equipment as required,transportation of equipment to and from the work site,all labor for actual milling and clean-up and satisfactory disposal of milled material. Payment shall be based upon actual time for milling and clean-up. Preparation of areas to be milled,clean-up and disposal of milled material shall be considered incidental to the unit Misc Asphalt-Includes surface courses,friction courses and other miscellaneous asphalt as required. Thermoplastic Pavement Marking and Traffic Paint-Includes all labor,equipment,materials,etc.required to furnish and install pavement marking in parking lots and other areas. All items,including parking space markings,lane lines, stop bars.handicapped symbols,directional arrows and messages,in any or all colors,shall be considered incidental to the Pay item. Pressure Cleaning-Can be paid in half day increments Remove Existing Asphalt,and Mill Existing Asphalt items-Include all equipment,labor,etc.for removal and disposal of existing asphalt pavement material. Unit Prices shall be based upon a 1"depth of milling. The contract prices will be adjusted in Y"increments for other milling depths. Root Barrier-Root removal shall be incidental to all root barriers Root Pruning shall be paid per each tree Page 879 of 1106 N:\ROADWAY\PRO\2017\2017055-Annual Pathway\2_Bid Spec Forms\6_Bid Opening\2017055 Pathway&Minor Pay Item Bid Tabulations.xlsx Page 4 of 5 PBC PROJECT#2017055 THE ITEMS AND QUANTITIES SHOWN,SHALL GOVERN OVER THE PLANS. PAY ITEM FOOTNOTES IN CONSTRUCTION PLANS SHALL ALSO BE INCLUDED IN ITEM UNIT PRICE. THE COUNTY DOES NOT GUARANTEE THE ACCURACY OF THE FORMULAS AND EXTENSIONS USED IN THIS SPREADSHEET. THE ITEMS AND QUANTITIES ABOVE,SHALL GOVERN OVER THE PLANS. PAY ITEM FOOTNOTES IN CONSTRUCTION PLANS SHALL ALSO BE INCLUDED IN ITEM UNIT PRICE. Rubble Rip-Rap-Includes finish grading,filter fabric,installation,etc. All labor and materials,including restoration of the area,are incidental to this item. emporary or Permanent bteelSheet Piling-Piling material shall e or equal. work shall e in accor ance with FDOT Standard Specifications,Section 455,Structures Foundations. Per square foot price is for Temporary or Permanent Sheet Piling actually installed and accepted by the County,including all labor,equipment and materials, cutting,splicing,dynamic and static testing,adjustments resulting from testing,removal oftemporary piling and restoration of the area Sodding-Pay Item shall include all work necessary to install and establish,including watering and fertilizing to sustai an established turf until final acceptance at no additional cost. Item shall also include the filling,leveling and repairing of any washed or eroded areas,as may be necessary. Southern Yellow Pine Lumber Southern Yellow Hine Lumber shall e pressure treated marine grad5 southern pine#1,or better,treated to 0.4 pcf retention of ACQ(AWPA UC4A,or better)and shall be paid for by boardfoot furnished and installed and accepted by the County.Cost per board foot installed shall include all labor,equipment an materials,fasteners,and cutting and shall include a maximum of 10%wasteover and above installed material measured On the field Square Precast Prestressed concrete piling-Include all costs associated with installation of Pre-stressed Concrete pilings at locations shown on plans or as designated by the County. Contractor shall receive detailed design plans for each installation,signed and sealed by a Professional Engineer licensed in the State of Florida. All labor and materials cutting,splicing,dynamic and static testing,adjustments resulting from testing and restoration of the area are incidental to the item. All work shall be in accordance with FDOT Standard Specifications,Section 455,Structures Foundations. Per foot price is for Precast Pre-stressed Concrete Pilings actually installed and accepted by the County ree Removal items snall Include all costs associa a wl ree remova Inc u Ing I require ,re uc ion o canopy,felling of trunk,stump removal,debris disposal and backfilling of hole with suitable material to provide a Replace Sprinkler System-Includes the cost of labor,as well as all parts,such as pipe,heads and fittings. Treated Timber Piling-Include all costs associated with installation of treated Southern Pine pilings at locations shown on plans or as designated by the County. Contractor shall receive detailed design plans for each installation, signed and sealed by a Professional Engineer licensed in the State of Florida. Alllabor and materials,cutting splicing, dynamic and static testing,adjustments resulting from testing and restoration of the area are incidental to the item. All work shall be in accordance with FDOT Standard Specifications,Section 455,Structures Foundations. Southern Pine timber shall be pressure treated,2.5cca or better. Per foot price is for Treated Timber Pilings actually installed and accepted by the County. Treated Im erguarWood Piling- Treated Im erguar oo Piles shall e paid tor by Linear Feet furnished and installed and accepted by the County.Cost per Linear Feet installed shall include all labor, equipmentand materials,fasteners,and cutting and shall include a maximum of 10%waste over and above installed material measured On the field Wheel Stops-Includes all labor,equipment and materials required for removal of wheel stops and re-bar or other methods of attachment,stockpiling and protecting wheel stops and accessories and re-installation of wheel stops by an acceptable attachment method. Furnishing and installing replacement wheel stopsand/or attachment devices whit have been damaged during removal or storage shall be considered incidental to the pay item. Equipment Items-40 Ton Crane,Crawler or Wheel mount,3 CY Loader, 1.5 CY Backhoe-Bid Price shall include all costs-equipment,labor,materials,operator(s),delivery,pick-up,maintenance,fuel,etc.are incidental to this item. Drainage structures shall include as incidental removal of existing structure to be replaced. Working days to complete project: See Special Provisions Bids as read at opening on Tuesday,October 10,2017,•2:00 PM All bids subject to OSBA SBE compliance and Board Approval. Prepared by:Geraldine Lazzarino-Kelly,Technical Assistant 1 Checked by: Holly B.Knight P.E,Contracts Section Manager Page 880 of 1106 N:\ROADWAY\PRO\2017\2017055-Annual Pathway\2_Bid Spec Forms\6_Bid Opening\2017055 Pathway&Minor Pay Item Bid Tabulations.xlsx Page 5 of 5 7.B. BIDS AND PURCHASES OVER$100,000 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-057-Approve and authorize the City Manager to sign an Agreement with the Haskell Company in the amount of$140,000 for programming, architectural, engineering, pre-construction services and development of a Guaranteed Maximum Price (GMP) proposal for the proposed Utility Water Quality Laboratory project to be located adjacent to the Fire Rescue Station#2, Boynton Beach, Florida. EXPLANATION OF REQUEST: The Commission authorize staff April 2, 2019 to conduct negotiations with the first ranked firm The Haskell Company of Jacksonville, FL and establish contracts in accordance with Request for Qualifications (RFQ) No. 008-2821-19/TP for Water Quality Laboratory Building Progressive Design/Build and as per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). The Current water quality laboratory, located at the West Water Treatment Plant is deteriorating and obsolete. This progressive design-build Phase I services allows for the programming, architectural, engineering, pre- construction services and Guaranteed Maximum Price proposal development for the proposed Utility Water Quality Laboratory project. Haskell will provide all design services in-house except for civil engineering site development design services which will be provided by Kimley-Horn Associates. The current project budget is $800,000 and the proposed schedule would provide for Substantial Completion in Spring of 2020. Staff will bring back a contract for construction for the Water Quality Laboratory Building project as a result of this Agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this Agreement will allow a safe structure for the new Utility Water Quality Laboratory to be located adjacent to Fire Rescue Station#2 on Woolbright Rd just west of S. Congress Avenue. FISCAL IMPACT: Budgeted Funds budgeted under account 403.5016-533.64-01-Project WT1605 ALTERNATIVES: Not approve. This design-built phase 1 services are needed to support completion of project construction and engineering certifications. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 881 of 1106 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving Agreement with The Haskell D Resolution Company for pre-construction services of the Utility Water Quality Laboratory project adjacent to Fire Station#2 D Contract Design Build Contract D Exhibit Price proposal Page 882 of 1106 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 THE HASKELL 6 COMPANY FOR PROGRAMMING, ARCHITECTURAL, 7 ENGINEERING, PRE-CONSTRUCTION SERVICES AND 8 DEVELOPMENT OF A GUARANTEED MAXIMUM PRICE 9 PROPOSAL FOR THE PROPOSED UTILITY WATER QUALITY 10 LABORATORY PROJECT TO BE LOCATED ADJACENT TO 11 FIRE RESCUE STATION #2 IN THE AMOUNT OF $140,000; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, on April 12, 2019, the City Commission authorized staff to conduct 16 negotiations with the first ranked firm The Haskell Company of Jacksonville, Florida and 17 establish contracts in accordance with the Request for Qualifications No. 008-2821-19/TP for 18 Water Quality Laboratory Building Progressive Design/Build; and 19 WHEREAS,as a result of the negotiations staff is recommending an Agreement with 20 the Haskell Company for the programming, architectural, engineering, pre-construction 21 services and Guaranteed Maximum Price proposal development for the proposed Utility 22 Water Quality Laboratory project; and 23 WHEREAS, the City Commission of the City of Boynton Beach upon 24 recommendation of staff, deems it to be in the best interest of the citizens of the City of 25 Boynton Beach to approve and authorize the City Manager to sign an Agreement with The 26 Haskell Company for programming, architectural, engineering,pre-construction services and 27 development of a Guaranteed Maximum Price proposal in the amount of$140,000.00 for the 28 proposed Utility Water Quality Laboratory project to be located adjacent to the Fire Rescue 29 Station 42. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO\Agreennents\Contract with Haskell Design Build(Water Quality Lab)-Reso.docx Page 883 of 1106 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission of the City of Boynton Beach, Florida does 36 hereby approve and authorize the City Manager to sign an Agreement with The Haskell 37 Company for programming, architectural, engineering, pre-construction services and 38 development of a Guaranteed Maximum Price proposal in the amount of$140,000.00 for the 39 proposed Utility Water Quality Laboratory project to be located adjacent to the Fire Rescue 40 Station 42, a copy of which is attached hereto as Exhibit"A". 41 Section 3. This Resolution shall become effective immediately upon passage. 42 FIRST READING this day of 2019. 43 44 SECOND, FINAL READING AND PASSAGE this day of June, 2019. 45 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 49 Mayor— Steven B. Grant 50 51 Vice Mayor—Justin Katz 52 53 Commissioner—Mack McCray 54 55 Commissioner—Christina L. Romelus 56 57 Commissioner—Ty Penserga 58 59 VOTE 60 ATTEST: 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 (Corporate Seal) S:\CA\RESO\Agreennents\Contract with Haskell Design Build(Water Quality Lab)-Reso.docx Page 884 of 1106 DBIA STANDARD FORM OF PRELIMINARY AGREEMENT BETWEEN OWNER D DESIGN-BUILDER Document No. 520 Second Edition, 2010 ©Design-Build Institute of America Washington, DC Page 885 of 1106 TABLE OF CONTENTS Article Name Page Article1 General ............................................................................................................. 3 Article 2 Design-Builder's Services and Responsibilities................................................. 3 Article 3 Owner's Services and Responsibilities............................................... .............. 4 Article 4 Ownership of Work Product............................................................................... 5 Article5 Contract Time.................................................................................................... 5 Article6 Contract Price.................................................................................................... 6 Article 7 Procedure for Payment ..................................................................................... 6 Article8 Electronic Data.................................................................................................. 6 Article9 Other Provisions......... ...................................................................................... 7 DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 1 ©2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 886 of 1106 DBIA Standard Form of Preliminary Agreement Between Owner and Design-Builder This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the 29th day of April in the year of 2019, by and between the following parties,for services in connection with the Project identified below. OWNER: City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, FL 33435 DESIGN-BUILDER: The Haskell Company 111 Riverside Avenue Jacksonville, Florida 32202 PROJECT: City of Boynton Beach Water Quality Lab In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. DBIA Document No.520-Standard Farm of Preliminary Agreement Between Owner and Design-Builder Page 2 ©2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 887 of 1106 Article 1 General 1.1 Duty to Cooperate. Owner and Design-Builder commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith to permit each party to realize the benefits afforded under this Agreement. 1.2 Definitions. Terms, words and phrases used in this Agreement shall have the meanings given them in DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder(2010 Edition) ("General Conditions of Contract"). Article 2 Design-Builder's Services and Responsibilities 2.1 Design Services. Design-Builder shall, consistent with applicable state licensing laws, provide design services, including architectural, engineering and other design professional services, required by this Agreement. Such design services shall be provided through qualified, licensed design professionals who are either(i)employed by Design-Builder,or(ii)procured by Design-Builder from independent sources. Nothing in this Agreement is intended to create any legal or contractual relationship between Owner and any independent design professional. 2.2 Preliminary Services. 2.2.1 Owner shall provide Design-Builder with Owner's Project Criteria describing Owner's program requirements and objectives for the Project.Owner's Project Criteria shall include Owner's use, space,price,time, site, performance and expandability requirements. Owner's Project Criteria may include conceptual documents, design specifications, design performance specifications and other technical materials and requirements prepared by or for Owner in EXHIBIT B. 2.2.2 If Owner's Project Criteria have not been developed prior to the execution of this Agreement, Design-Builder will assist Owner in developing Owner's Project Criteria, with such service deemed to be an Additional Service pursuant to Section 2.7 hereof. If Owner has developed Owner's Project Criteria prior to executing this Agreement, Design-Builder shall review and prepare a written evaluation of such criteria, including recommendations to Owner for different and innovative approaches to the design and construction of the Project. The parties shall meet to discuss Design-Builder's written evaluation of Owner's Project Criteria and agree upon what revisions, if any, should be made to such criteria. 2.3 Permit Issue Design Documents. Design-Builder shall prepare Permit Issue Design Documents based on Owner's Project Criteria, as may be revised in accordance with Section 2.2.2 hereof. The Permit Issue Design Documents shall include design criteria, drawings, diagrams and specifications setting forth the requirements of the Project.The parties shall meet to discuss the Permit Issue Design Documents and agree upon what revisions, if any, should be made. Design-Builder shall perform such agreed-upon revisions. 2.4 Proposal. Based on Owner's Project Criteria, the Permit Issue Design Documents, as each may be revised pursuant to Sections 2.2.2 and 2.3 above,and any other Basis of Design Documents upon which the parties may agree, Design-Builder shall submit a proposal to Owner(the"Proposal"),which shall include the following unless the parties mutually agree otherwise: 2.4.1 a proposed contract price for the design and construction of the Project, which price shall be in the form of the cost of the work plus a fee with a Guaranteed Maximum Price("GMP"). DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 3 ©2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 888 of 1106 2.4.2 a schedule and date of Substantial Completion of the Project upon which the Contract Price for the Project is based; 2.4.3 all other information necessary for the parties to enter into DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder-Lump Sum (2010 Edition) or DBIA Document No. 530, Standard Form of Agreement Between Owner and Design-Builder-Cost Plus Fee with an Option for a Guaranteed Maximum Price(2010 Edition), with the accompanying General Conditions of Contract, DBIA Document 535; and 2.4.4 the time limit for acceptance of the Proposal. 2.5 Review of Proposal. Design-Builder and Owner shall meet to discuss and review the Proposal. If Owner has any comments regarding the Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design-Builder of such comments or findings. If Design-Builder finds the revisions acceptable, Design-Builder shall, upon receipt of Owner's notice,adjust the Proposal. 2.6 Completion of This Agreement.Design-Builder's services under this Agreement shall be deemed completed upon meeting with Owner to discuss the Proposal and making those revisions to the Proposal, if any, Design-Builder finds acceptable. 2.7 Additional Services. Design-Builder shall perform the Additional Services set forth in a separate exhibit to this Agreement. The cost for such services shall be as mutually agreed upon by Owner and Design-Builder,with the Contract Price for this Agreement,as set forth in Section 6.1 hereof, being adjusted accordingly. Article 3 Owner's Services and Responsibilities 3.1 Timely Performance. Owner shall throughout the performance of this Agreement cooperate with Design-Builder. Owner shall perform its responsibilities, obligations and services, including its reviews and approvals of Design-Builder's submissions, in a timely manner so as not to delay or interfere with Design- Builder's performance of its obligations under this Agreement. 3.2 Owner's Project Criteria. Owner shall provide Design-Builder with Owner's Project Criteria. If Owner desires that Design-Builder assist Owner in developing such criteria as an Additional Service under Section 2.7 hereof, Owner shall provide Design-Builder with its objectives, limitations and other relevant information regarding the Project in EXHIBIT B. 3.3 Owner Provided Information. Owner shall provide, at its own cost and expense, for Design- Builder's information and use,the following,all of which Design-Builder is entitled to rely upon in performing its obligations hereunder: 3.3.1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines. Design-Builder includes surveying as detailed in Exhibit A. 3.3.2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. Design-Builder includes geotechnical engineering as detailed in Exhibit A. 3.3.3 Temporary and permanent easements,zoning and other requirements and encumbrances DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 4 ©2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 889 of 1106 affecting land use or necessary to permit the proper design and construction of the Project; 3.3.4 A legal description of the Site; 3.3.5 To the extent available, as-built and record drawings of any existing structures at the Site; and 3.3.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including, but not limited to, Hazardous Conditions, in existence at the Site. Article 4 Ownership of Work Product 4.1 Work Product.All drawings, specifications and other documents and electronic data furnished by Design-Builder to Owner under this Agreement("Work Product") are deemed to be instruments of service and Design-Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth below. 4.2 Owner's Limited License. If Owner fails to enter into a contract on this Project with Design-Builder to complete the design and construction of the Project and Owner proceeds to design and construct the Project through its employees, agents or third parties, Design-Builder, upon payment in full of the amounts due Design-Builder under this Agreement: (a) grants Owner a limited license to use the Work Product in connection with the Owner's completion of the Project; and (b) transfers all ownership and property interests, including but not limited to any intellectual property rights, copyrights and/or patents, in those portions of the Work Product that consist of architectural and other design elements and specifications that are unique to the Project. The parties shall specifically designate those portions of the Work Product for which ownership in the Work Product shall be transferred. Use of the Work Product is at Owner's sole risk without liability or legal exposure to Design-Builder or anyone working by or through Design-Builder, including Design Consultants of any tier. Article 5 Contract Time 5.1 Commencement Date. Design-Builder shall commence performance of the services set forth in this Agreement within five (5) days of Design-Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. Design-Builder shall complete such services no later than One Hundred (100)calendar days after the Date of Commencement. 5.2 Interim Dates. Interim milestone dates, if any, of identified portions of the services set forth in this Agreement shall be achieved as described in a separate exhibit to this Agreement. Article 6 Contract Price 6.1 Contract Price.The Contract Price for this Agreement is a GMP as set forth below. THE CONTRACT PRICE IS One Hundred Forty Thousand and 00/100 Dollars ($140,000) DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 5 ©2010 Design-Build Institute of America—RFQ 008-2821-191TP Water Quality Lab Bldg.Design Build Page 890 of 1106 See Exhibit A for details and breakdown 6.2 Scope of Contract Price. The Contract Price shall be the full compensation due Design-Builder for the performance of all services set forth in this Agreement, and shall be deemed to include all the sales, use, consumer and other taxes mandated by applicable Legal Requirements. The Contract Price shall be adjusted to reflect any Additional Services agreed upon by the parties after execution of this Agreement. Article 7 Procedure for Payment 7.1 Payment.Design-Builder and Owner agree upon the following method for partial and final payment to Design-Builder for the services hereunder: Owner to provide payment within 15 days after approved monthly invoice. Invoice to be submitted by the 25th of each month with payment 15 days after. Final payment to be made within 30 days after submittal of GMP to Owner. 7.2 Interest. Payments due and unpaid by Owner to Design-Builder shall bear interest commencing five(5)days after payment is due at the rate of Six percent Article 8 Electronic Data 8.1 Electronic Data. 8.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling(such as Building Information Models)and other Work Product may be transmitted among Owner, Design-Builder and others in electronic media as an alternative to paper hard copies (collectively"Electronic Data"). 8.2 Transmission of Electronic Data. 8.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 8.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement,ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated,transmitted, generated or interpreted. 8.2.3 By transmitting Work Product in electronic form,the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 8.3 Electronic Data Protocol. DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 6 ©2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 891 of 1106 8.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 8.3. ® Electronic Data will be transmitted in the format agreed upon in Section 8.2.1 above, including file conventions and document properties, unless prior arrangements are made in advance in writing. 8.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data,which protocol shall also address the duty, if any, to update such information if such information changes prior to Final Completion. 8.3.4 The transmitting party specifically disclaims all warranties,expressed or implied, including, but not limited to, implied warranties of merchantability and fitness fora particular purpose, with respect to the media transmitting the Electronic Data.However,transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. Article 9 Other Provisions 9.1 Initial Dispute Resolution.The parties agree that any claim, dispute or controversy arising out of or relating to this Agreement or the breach thereof that cannot be resolved through discussions by the parties shall be submitted to non-binding mediation administered by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to the Construction Industry Mediation Rules then in effect. Any claim, dispute, or controversy arising out of or relating to this Agreement or the breach thereof which has not been resolved by mediations all be submitted to binding arbitration administered by the AAA pursuant to the Construction Industry Arbitration Rules then in effect. 9.2 Confidentiality. Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (I)the transmitting party identifies it as either confidential or proprietary; (fl) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the services set forth in this Agreement. 9.3 Assignment.Neither Design-Builder nor Owner shall without the written consent of the other party assign,transfer, or sublet any portion or part of its obligations under this Agreement. 9.4 Governing Law.This Agreement shall be governed by the laws of the place of the Project,without giving effect to its conflict of law principles. 9.5 Severability.If any provision or any part of a provision of this Agreement shall be finally determined ——----------........ DBIA Document No.520-Standard Fon-n of Preliminary Agreement Between Owner and Design-Builder Page 7 @ 2010 Design-Build Institute of America®RFQ 005-2821-19/TP Water Quality Lab Bldg.Design Build Page 892 of 1106 to be superseded, invalid, illegal, or otherwise unenforceable pursuant to applicable laws by any authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of the provision of this Agreement, which shall remain in full force and effect as if the unenforceable provision or part was deleted. 9.6 Amendments. This Agreement may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 9.7 Entire Agreement. This Agreement forms the entire agreement between Owner and Design- Builder. No oral representations or other agreements have been made by the parties except as specifically stated in this Agreement. 9.8 SCRUTINIZED COMPANIES 287.135 and 215.473: By submission, Design-Builder certifies that the Design-Builder is not participating in a boycott of Israel. Design-Builder further certifies that Design- Builder 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 Design-Builder 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 Design-Builder of the City's determination concerning the false certification. Design-Builder 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, Design- Builder 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 Design-Builder 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 Design-Builder is not on either of those lists in EXHIBIT C. 9.9 TRADE SECRET: Any language contained in the Design-Builder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If Design-Builder submits any documents or other information to the City which the Design-Builder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07(Public Records Laws),the Design-Builder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt.The Design-Builder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Design-Builder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Design-Builder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 9.10 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 an public agency subject to Chapter 119, Florida Statutes.The Design-Builder shall comply with Florida's Public Records Law. Specifically, the Design-Builder shall: A. Keep and maintain public records required by the City to perform the service; DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 8 ®2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 893 of 1106 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, Design-Builder shall destroy all copies of such confidential and exempt records remaining in its possession once the Design-Builder transfers the records in its possession to the City; and D. Upon completion of the contract, Design-Builder shall transfer to the City, at no cost to the City, all public records in Design-Builder's possession All records stored electronically by Design-Builder 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. 9.11 IF THE DESIGN-BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE DESIGN-BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US 9.12 Exhibits. Exhibits to this contract are as follows: Exhibit A—Boynton Beach Water Quality Lab Phase I Proposal dated April 29, 2019 Exhibit B-Design/Build Criteria Standard Package by CPH, Inc. (August 2017) Exhibit C -Vendor Certification Regarding Scrutinized Companies Lists DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 9 ©2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 894 of 1106 In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. OWNER: DESIGN-BUILDER: City of Boynton Beach The Haskell Company (Signature) (Signature) Lori LaVerriere Peter Kinsley (Printed Name) (Printed Name) City Manager President-Infrastructure&Transportation (Title) (Title) Date: Date: 4 i Caution: You should sign an original DBIA document which has this caution printed in blue. An original assures that changes will not be obscured as may occur when documentsare reproduced. DBIA Document No.520-Standard Form of Preliminary Agreement Between Owner and Design-Builder Page 10 ©2010 Design-Build Institute of America—RFQ 008-2821-19/TP Water Quality Lab Bldg.Design Build Page 895 of 1106 Exhibit A Page 896 of 1106 The Haskell Company tel 904.791.4500 HASKELL 111 Riverside Avenue fax 904.791.4699 Jacksonville,FL 32202 web www.haskell.com Chris W.Ware Director—Project Development April 29, 2019 Re: Boynton Beach Water Quality Lab Phase I Proposal Design & GMP Development Mr. Colin Groff Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, FL 33435 Dear Mr. Groff: We are pleased to present this design-build Phase I services letter to the City of Boynton Beach (the"Owner")for programming, architectural, engineering, pre-construction services and Guaranteed Maximum Price proposal development for the proposed Water Quality Lab project in Boynton Beach, Florida. Haskell will provide all design services in-house except for civil engineering services which will be provided by Kimley-Horn. The project budget is $800,000 And proposed schedule would provide for Substantial Completion in Spring of 2020. This letter sets forth our approach and fees associated with the services to proceed with design development and deliver a Guaranteed Maximum Price Proposal (GMP) process. The design and GMP development services are broken down into the following phases and tasks: PHASE I-A—DESIGN DEVELOPMENT DOCUMENTS (60%) This phase includes the services necessary to develop the design documents to about a 60% level. The work of this sub-phase includes the following: Task 1: Conceptual Estimate 1) Use the Existing Design-Criteria package to develop a conceptual estimate to verify the budget Task 2: Design Development Documents (60% Design) 1) Hold a Kick-off Meeting to allow our Architects and Engineers to engage in discussions with the Owner about various design options and ideas for the project. 2) Perform a field survey of the existing laboratory facility and equipment to understand what does or does not work well at existing facility and what equipment will be transferred vs purchased new for new facility. 3) Review with the City alternative approaches to design and construction of the Water quality Lab and associated site utility piping. 4) Using the existing design criteria documents as a baseline, develop Design Development Documents for review and approval by the City. 5) Value engineering, constructability and risk analysis Page 897 of 1106 4(3�1 Mr. Colin Groff April 30, 2019 Page 2 6) Provide a critical path schedule to include design, permitting, procurement and construction logic 7) Identify all permitting requirements and facilitate pre-submittal meetings with City of Boynton Beach Building Department 8) Develop Initial Laboratory Equipment schedule included showing what equipment is going to be existing and relocated and what is going to be new and the models of each. 9) 75% Engineering Drawings Completed (Erosion Control/ Paving, Grading, and Drainage / Utilities/Chilled/Hot Water and Power Lines/ Phasing Plans/ Details/ Notes) 10)Initiate meetings with Palm Beach county to discuss upcoming work and permitting requirements. 11)Conduct one (1) design review meeting with City 12)Incorporate all team and owner comments into final concept design 13)Prepare and Submit documents for DART Review Process Task 3: Survey 14)Hire Surveyor to survey property and provide tree counts Task 4: Geotechnical Report 15)Hire Geotechnical Engineer to perform soil investigations and provide a report to be used in Civil and Structural Designs Task 5: Ground Penetrating Radar 16)Perform Ground Penetrating Radar(GPR) of site area to locate underground utilities. These will be reflected on Civil Design Documents and any conflicts documented and designed around. Deliverables 1) Outline specifications and basis of design narrative to include system and material narrative description 2) List of applicable building codes on drawing title sheet 3) List of anticipated building code variance requests 4) Architectural site plan, building exterior envelope elevations, building cross section, roof layout and energy code requirements, building interior floor plans and graphics as necessary to clearly present the concept 5) Civil design included 6) Schematic Landscape drawings to assist with the GMP Development 7) Structural Drawings showing major elements and member sizes 8) HVAC equipment selections and layout, one line flow diagrams, equipment locations, air intake and discharge locations, mechanical legend, energy code requirements 9) Fire protection to include confirm adequacy of utility, identify connection location. Page 898 of 1106 4� Mr. Colin Groff April 30, 2019 Page 3 10)Electrical, includes one-line diagrams, equipment sizing, generator sizing, electric room size confirmation, equipment location, electrical legend, light fixture selection, power outlet locations. 11)Communications (voice, data, video and A&V), closet location and size, outlet layouts, riser diagram. 12)Geotechnical Report 13)Survey 14)GPR Documents 15)Update Risk Register Document Schedule The work described in Phase I-A will be completed within approximately four(4) weeks from execution of phase 1 Agreement. PHASE I-B—PERMIT ISSUE DOCUMENTS t90%) This phase includes the services necessary to develop the design documents to about a 90% level and ready for permit to the various agencies. The work of this sub-phase includes the following: Task 6: Permit Issue Documents (90% Design) 1) Advance building designs to a point where they are ready to be submitted to the building Department for approval, incorporating Owner's comments from the prior Owner review meetings. 2) Initiate Prequalification process for subcontractors, vendors and material suppliers. 3) Update and refine project schedule to include additional detail and logic. 4) Finalize Laboratory Equipment schedule and identify Electrical, Plumbing or Mechanical connections required 5) 100% Civil Engineering Drawings Completed and Submitted for Permit to Health Department, SFWMD and Palm beach County 6) Submit for Building Department Permit Deliverables 1) Permit Issue Design Documents and Specs 2) Updated Project Schedule Schedule The work described in Phase I-B will be completed within approximately four(4)weeks from Owner review meeting to review Phase I-A Documents. Page 899 of 1106 Mr. Colin Groff April 30, 2019 Page 4 PHASE I-C—GMP DEVELOPMENT This phase includes the services necessary to develop a Guaranteed Maximum Price (GMP) Proposal and Contract to include City review comments. Haskell will proceed with this phase of the work upon completion of Phase I-B. More specifically, the work of this sub-phase includes the following: Task 7: Development of Guaranteed Maximum Price Proposal 1) Finalize subcontractor/vendor bid packages in accordance with Local and Small Business plan for advertisement and solicitation of proposals 2) Advertise Bid Packages, 3) Receive, analyze, and provide bid tabulations including recommendation of subcontract awards, 4) Finalize project construction schedule 5) Present Guaranteed Maximum Price Contract, DBIA Form 530 to include schedule, detailed estimate, bid tabulations, clarifications and assumptions, list of allowances and contingency detail. Deliverables 1) Guaranteed Maximum Price Contract, DBIA Form 530 2) Clarifications and assumptions 3) List of allowance and contingencies 4) GMP Book with detail estimate, bid tabulations and project schedule Schedule The work described in Phase I-C will be completed within approximately three(3) weeks from the date of completion of phase I-B and Notice to Proceed. WORK NOT INCLUDED IN THIS PROPOSAL The following items are not included in this Phase 1 Services Proposal: 1) Platting 2) Zoning 3) Land acquisition 4) Securing entitlements 5) Construction Administration services 6) Traffic studies excluded 7) Phase 1 Environmental and Asbestos Surveys are not included 8) Photorealistic renderings are not included 9) Reimbursable budgets for survey, ground penetrating radar and geotechnical engineering are included and to be coordinated by Haskell. Page 900 of 1106 41 '� Mr. Colin Groff April 30, 2019 Page 5 10)A reimbursable budget for travel and printing costs to support the Phase I deliverables is also included. SUMMARY OF FEES Fees shall be billed monthly as progress payments and shall be paid within 30 days of billing. as 1: Conceptual Estimate Included Task 2: 60% Design Deliverables Included Task 3: Survey See Below Task 4: Geotechnical Report See Below Task 5: Ground Penetrating Radar See Below Task 6: Permit Issue Documents Included Task 7: Develop GMP and Contract Documents Included Sub-Total ------------------------------------------------------------------ $ 90,000 Total Phase One D/B Service Fee ----------------------------------- $ 90,000 Reimbursable Costs —Travel and Printing------------------------ $ 5,000 Reimbursable Costs—Survey, Geotech, GPR------------------- $ 15,000 Permitting Allowance---------------------------------------------------- 1 30,000 Total Phase One Preliminary D/B Service Fee ------------------- $— Page 901 of 1106 lq� Mr. Colin Groff April 30, 2019 Page 6 Allowances 1) Permitting costs have been included as an allowance of$30,000. This is for all direct costs associated with permitting for Civil Permits and Building Permits that are paid prior to the Final GMP approval. Thank you for the opportunity to be of service. We are looking forward to working with you. Sincerely yours, I Chris Ware Director— Project Development Page 902 of 1106 Page 903 of 1106 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, Peter_Kinsley_ , on behalf of The Haskell Company certify Print Name and Title Company Name that The Haskell Company 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 Design-Builder of the City's determination concerning the false certification. The Design-Builder 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 Design-Builder 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 Design-Builder, I hereby certify that the company identified above in the section entitled 'The Haskell Company"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 Page 904 of 1106 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 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. n., The Haskell Company COMPANY NAME SIGNATURE , Peter Kinsley President- Infrastructure&Transportation PRINT NAME TITLE Page 905 of 1106 Company HASKELL The Haskell a Avenue fel 904.791.4500 4q� 111 Riverside Avenue fax 904.791.4699 Jacksonville,FL 32202 web www.haskell.com Chris W.Ware Director—Project Development April 29, 2019 Re: Boynton Beach Water Quality Lab Phase I Proposal Design & GMP Development Mr. Colin Groff Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, FL 33435 Dear Mr. Groff: We are pleased to present this design-build Phase I services letter to the City of Boynton Beach (the "Owner") for programming, architectural, engineering, pre-construction services and Guaranteed Maximum Price proposal development for the proposed Water Quality Lab project in Boynton Beach, Florida. Haskell will provide all design services in-house except for civil engineering services which will be provided by Kimley-Horn. The project budget is $800,000 And proposed schedule would provide for Substantial Completion in Spring of 2020. This letter sets forth our approach and fees associated with the services to proceed with design development and deliver a Guaranteed Maximum Price Proposal (GMP) process. The design and GMP development services are broken down into the following phases and tasks: PHASE I-A— DESIGN DEVELOPMENT DOCUMENTS (60%) This phase includes the services necessary to develop the design documents to about a 60% level. The work of this sub-phase includes the following: Task 1: Conceptual Estimate 1) Use the Existing Design-Criteria package to develop a conceptual estimate to verify the budget Task 2: Design Development Documents (60% Design) 1) Hold a Kick-off Meeting to allow our Architects and Engineers to engage in discussions with the Owner about various design options and ideas for the project. 2) Perform a field survey of the existing laboratory facility and equipment to understand what does or does not work well at existing facility and what equipment will be transferred vs purchased new for new facility. 3) Review with the City alternative approaches to design and construction of the Water quality Lab and associated site utility piping. 4) Using the existing design criteria documents as a baseline, develop Design Development Documents for review and approval by the City. 5) Value engineering, constructability and risk analysis Page 906 of 1106 4� Mr. Colin Groff April 30, 2019 Page 2 6) Provide a critical path schedule to include design, permitting, procurement and construction logic 7) Identify all permitting requirements and facilitate pre-submittal meetings with City of Boynton Beach Building Department 8) Develop Initial Laboratory Equipment schedule included showing what equipment is going to be existing and relocated and what is going to be new and the models of each. 9) 75% Engineering Drawings Completed (Erosion Control / Paving, Grading, and Drainage / Utilities / Chilled/Hot Water and Power Lines/ Phasing Plans / Details / Notes) 10) Initiate meetings with Palm Beach county to discuss upcoming work and permitting requirements. 11)Conduct one (1) design review meeting with City 12) Incorporate all team and owner comments into final concept design 13) Prepare and Submit documents for DART Review Process Task 3: Survey 14) Hire Surveyor to survey property and provide tree counts Task 4: Geotechnical Report 15) Hire Geotechnical Engineer to perform soil investigations and provide a report to be used in Civil and Structural Designs Task 5: Ground Penetrating Radar 16) Perform Ground Penetrating Radar (GPR) of site area to locate underground utilities. These will be reflected on Civil Design Documents and any conflicts documented and designed around. Deliverables 1) Outline specifications and basis of design narrative to include system and material narrative description 2) List of applicable building codes on drawing title sheet 3) List of anticipated building code variance requests 4) Architectural site plan, building exterior envelope elevations, building cross section, roof layout and energy code requirements, building interior floor plans and graphics as necessary to clearly present the concept 5) Civil design included 6) Schematic Landscape drawings to assist with the GMP Development 7) Structural Drawings showing major elements and member sizes 8) HVAC equipment selections and layout, one line flow diagrams, equipment locations, air intake and discharge locations, mechanical legend, energy code requirements 9) Fire protection to include confirm adequacy of utility, identify connection location. Page 907 of 1106 4� Mr. Colin Groff April 30, 2019 Page 3 10) Electrical, includes one-line diagrams, equipment sizing, generator sizing, electric room size confirmation, equipment location, electrical legend, light fixture selection, power outlet locations. 11)Communications (voice, data, video and A&V), closet location and size, outlet layouts, riser diagram. 12)Geotechnical Report 13)Survey 14)GPR Documents 15) Update Risk Register Document Schedule The work described in Phase I-A will be completed within approximately four (4) weeks from execution of phase 1 Agreement. PHASE I-B — PERMIT ISSUE DOCUMENTS (90%) This phase includes the services necessary to develop the design documents to about a 90% level and ready for permit to the various agencies. The work of this sub-phase includes the following: Task 6: Permit Issue Documents (90% Design) 1) Advance building designs to a point where they are ready to be submitted to the building Department for approval, incorporating Owner's comments from the prior Owner review meetings. 2) Initiate Prequalification process for subcontractors, vendors and material suppliers. 3) Update and refine project schedule to include additional detail and logic. 4) Finalize Laboratory Equipment schedule and identify Electrical, Plumbing or Mechanical connections required 5) 100% Civil Engineering Drawings Completed and Submitted for Permit to Health Department, SFWMD and Palm beach County 6) Submit for Building Department Permit Deliverables 1) Permit Issue Design Documents and Specs 2) Updated Project Schedule Schedule The work described in Phase I-B will be completed within approximately four (4) weeks from Owner review meeting to review Phase I-A Documents. Page 908 of 1106 4� Mr. Colin Groff April 30, 2019 Page 4 PHASE I-C —GMP DEVELOPMENT This phase includes the services necessary to develop a Guaranteed Maximum Price (GMP) Proposal and Contract to include City review comments. Haskell will proceed with this phase of the work upon completion of Phase I-B. More specifically, the work of this sub-phase includes the following: Task 7: Development of Guaranteed Maximum Price Proposal 1) Finalize subcontractor/vendor bid packages in accordance with Local and Small Business plan for advertisement and solicitation of proposals 2) Advertise Bid Packages, 3) Receive, analyze, and provide bid tabulations including recommendation of subcontract awards, 4) Finalize project construction schedule 5) Present Guaranteed Maximum Price Contract, DBIA Form 530 to include schedule, detailed estimate, bid tabulations, clarifications and assumptions, list of allowances and contingency detail. Deliverables 1) Guaranteed Maximum Price Contract, DBIA Form 530 2) Clarifications and assumptions 3) List of allowance and contingencies 4) GMP Book with detail estimate, bid tabulations and project schedule Schedule The work described in Phase I-C will be completed within approximately three (3) weeks from the date of completion of phase I-B and Notice to Proceed. WORK NOT INCLUDED IN THIS PROPOSAL The following items are not included in this Phase 1 Services Proposal: 1) Platting 2) Zoning 3) Land acquisition 4) Securing entitlements 5) Construction Administration services 6) Traffic studies excluded 7) Phase 1 Environmental and Asbestos Surveys are not included 8) Photorealistic renderings are not included 9) Reimbursable budgets for survey, ground penetrating radar and geotechnical engineering are included and to be coordinated by Haskell. Page 909 of 1106 4� Mr. Colin Groff April 30, 2019 Page 5 10)A reimbursable budget for travel and printing costs to support the Phase I deliverables is also included. SUMMARY OF FEES Fees shall be billed monthly as progress payments and shall be paid within 30 days of billing. Task 1: Conceptual Estimate Included Task 2: 60% Design Deliverables Included Task 3: Survey See Below Task 4: Geotechnical Report See Below Task 5: Ground Penetrating Radar See Below Task 6: Permit Issue Documents Included Task 7: Develop GMP and Contract Documents Included Sub-Total ------------------------------------------------------------------ $ 90,000 Total Phase One D/B Service Fee ----------------------------------- $ 90,000 Reimbursable Costs —Travel and Printing------------------------ $ 5,000 Reimbursable Costs —Survey, Geotech, GPR------------------- $ 15,000 Permitting Allowance---------------------------------------------------- $ 30,000 Total Phase One Preliminary D/B Service Fee ------------------- $ 140000 Page 910 of 1106 4� Mr. Colin Groff April 30, 2019 Page 6 Allowances 1) Permitting costs have been included as an allowance of $30,000. This is for all direct costs associated with permitting for Civil Permits and Building Permits that are paid prior to the Final GMP approval. Thank you for the opportunity to be of service. We are looking forward to working with you. Sincerely yours, Chris Ware Director— Project Development Page 911 of 1106 7.C. BIDS AND PURCHASES OVER$100,000 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-413-01 with CDM Smith, Inc. in the amount of$153,520 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 Lift Station No. 317 Force Main By-Pass project. EXPLANATION OF REQUEST: Contract Period: August 22, 2018—August 21, 2020 Master Lift Station No. 317 is located on Boynton Beach Boulevard just west of Congress Avenue. It is a large wastewater pumping station that receives flow from two force mains (pressure pipes) and gravity flow from the surrounding area. Master Lift Station No. 317 then re-pumps the flow to the South Central Regional Wastewater Treatment Plant. In order to reduce the amount of flow that is re-pumped by Lift Station No. 317, the scope of the project includes re-routing a portion of the influent flow from the force mains that feed the station and connecting the flow to the discharge side of the station, thereby by-passing the flow around Master Lift Station No. 317. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will improve the efficiency of the wastewater pumping system, reduce the amount of flow that is being re-pumped by Master Lift Station No. 317, and reduce the pump run times and maintenance on the pumps. FISCAL IMPACT: Budgeted Funding for the project is available in Utilities CI P account 403-5000-535-65.04, project SW R064. ALTERNATIVES: Continue to operate Master Lift Station No. 317 without any changes and not proceed with the project at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 912 of 1106 Grant Amount: ATTACHMENTS: Type Description D Task Order CDIVI Smith Proposal D Contract CDIVI Smith Gen. Consulting Contract Page 913 of 1106 FORCE MAIN BY-PASS AT LIFT STATION NO. 317 CONTRACT NO.: 046-2821-17/TP-GENERAL CONSULTING SERVICES SCOPE CATEGORY"B" TASK ORDER NO. UT-413-01 BACKGROUND This Work Order—Force Main By-Pass at Lift Station No. 317, when executed, shall become part of the Agreement for Professional Services between the City of Boynton Beach (CITY) and CDM Smith Inc. (CONSULTANT), dated August 20, 2018 as it relates to design and construction of the existing force main modifications at or near Lift Station No. 317. Lift Station No. 317 (LS 317) is located at Boynton Beach Boulevard in Boynton Beach, Florida. LS 317 is a re-pump station with two large force mains entering the wetwell and some gravity flow.The Project shall include connections to existing force mains such that the current influent flow to LS 317 is reduced by routing a portion of the influent from the force mains that feeds the station and connecting the flow to discharge side of the station in the vicinity. SCOPE OF WORK The CONSULTANT will design and prepare construction documents to install a portion of new force main to reduce the flow to the station. CONSULTANT will perform a pipeline route alternatives evaluation for the proposed force main and recommend a final pipeline alignment for development of design.The tasks below provide a description of the services to be provided. The CONSULTANT maintains a quality management system (QMS) for CITY projects performed by the CONSULTANT.Technical reviews of deliverables are budgeted for and will be performed to review milestone submittals. The following is a description of the services to fully develop Contract and Bid Documents and prepare Permit Applications. TASK 1- ENGINEERING DESIGN Subtask 1.1-Route Evaluation and Letter Report(10-Percent Design Submittal) CONSULTANT shall gather and review information for the evaluation and selection of two (2) potential force main installation alignments to meet Project needs. The pipeline route evaluation shall include the following tasks. ■ Gather and review available project background data, including CITY recommendations ■ Field observation; ■ Evaluate up to two (2) potential pipeline alignments with connections to the existing system; ■ Identification of potential conflicts and/or utility relocations if recommended; ■ Impact on public and traffic along the project alternatives corridor; ■ Proposed installation methods; com Smith Page 1 of 8 BM703 Page 914 of 1106 ■ Planning level Opinion of Probable Project Cost for alternatives; ■ Recommendation of the final alignment to be developed for design; ■ Identify data gaps required to supplement available information, in addition to other identified data needs for design. The CONSULTANT will incorporate the results of the evaluation and recommendations into a Letter Report.The Letter Report will summarize the results pursuant to the work performed under this task. Subtask 1.2-90-Percent Design Submittal (For Permitting) The 90%design submittal shall include, but not be limited to,the following information: ■ Review survey and utility location data; ■ Review geotechnical information; ■ Location of tie-ins to the existing system; ■ Final alignment (Horizontal and Vertical Drawings); ■ Final MOT(agencies MOT's requirements) and traffic control. ■ Cover Sheet, Index of Drawings, Standard Details, Symbols, Plan and Profiles; ■ Construction Duration Schedule estimate. ■ Opinion of Probable Construction Cost (OPCC), based on bid items in the standardized Proposal. ■ Technical Specifications (including CITY Standards) ■ Draft Contract Documents including the CITY's standard front-end documents (Division 00). Subtask 1.3-100-Percent Final Design(For Bid) Based on the review comments received from the CITY for the 90-Percent Design Submittal, and Permitting agencies, CONSULTANT will prepare the 100-Percent Design submittal for bid,to include the following items: ■ Response to comments from 90-percent design submittal review and permitting agencies; ■ Final Drawings; ■ Technical Specifications (including CITY Standards); ■ Final Construction Schedule estimate. ■ Opinion of Probable Construction Cost (OPCC), based on bid items in the standardized Proposal (AACE Class 2) TASK 2- PERMITTING ASSISTANCE Subtask 2.1—Prepare Permit Packages This task consists of the preparation of necessary construction permit applications to the regulatory agencies having jurisdiction on this Project. The CONSULTANT will prepare the Permit Packages and obtain applicable signatures from the CITY once the 90-percent Submittal has been reviewed and accepted by the CITY. The CONSULTANT will submit the Permit Packages to the respective regulatory agencies (FDOT, City of Boynton Beach, Palm Beach County/FDEP), com Smith Page 2 of 8 BM703 Page 915 of 1106 and respond to RFIs (up to two per agency)the agencies may have. In person meetings with permitting agencies are not anticipated. Revised 90-percent Drawings and Technical Specifications Signed and Sealed by the CONSULTANT. ■ Traffic Control or MOT shall appear in the Drawings. ■ Required Support Information to Support the Permit Request. ■ Completed Permit Applications Signed and Sealed by the CONSULTANT. ■ Address Revisions Requested by the Permitting Agencies. TASK 3- BID ASISSTANCE Subtask 3.1—Bidding Assistance This task includes services related to assisting the CITY with advertisement, bidding and procurement of the Project. CONSULTANT will provide the following services during bidding between the Request to Advertise and Recommendation of Award letter: ■ Attend one (1) mandatory pre-bid meeting and one mandatory pre-bid site visit. ■ Prepare addenda to Contract Documents in response to written technical comments by prospective bidders prior to receipt of bids for the Contract as they relate to the technical aspects of the project. The CITY shall execute and distribute addenda to prospective bidders. ■ Revise drawings using clouded revisions, and specifications using track changes with noted addenda number. ■ Maintain the bid documents in a "conformed document" status using track changes with noted addenda numbers. ■ Respond in writing to questions received during the bidding process from plan holders through the CITY. ■ The CONSULTANT will attend the bid opening conducted by the CITY. ■ Assist the CITY with the bid evaluation as may be requested by the CITY, including a bid gap analysis, and recommendation of award letter for the Bidder deemed to be the lowest responsive Bidder. Non-technical bid requirements will be evaluated by the CITY. TASK 4- LIMITED SERVICES DURING CONSTRUCTION This Task is for engineering services during construction of the Project.The scope of services assumes that the CITY will administer the construction contract on all matters between the CITY and the selected Contractor.The scope of services assumes that the CITY will advertise the Project for bids and award the entire construction contract to the lowest responsive Contractor bidding on the contract. The Task is based on a construction period of nine (9) months to substantial completion and ten (10) months to final acceptance. Services during construction will run concurrently with the construction contract period only, from notice to proceed to final acceptance. During construction,the ENGINEER shall provide the following services: Subtask 4.1-Pre-Construction Meeting CONSULTANTS'S Project Manager will attend a pre-construction meeting with the representatives from the CITY and the selected Contractor before the start of construction.The com Smith Page 3 of 8 BM703 Page 916 of 1106 Pre-Construction Meeting will be coordinated and conducted by the CITY with meeting minutes prepared by the CITY. Subtask 4.2-Submittal Review, Clarifications CONSULTANT will review and approve (or take other appropriate action in respect to) Shop Drawings, Samples and other data, for conformance with the design concept of the Project and general compliance with information given in the Contract Documents. CONSULTANT will also receive and review(for general content by the Specifications) results of tests and inspections, maintenance and operating schedules and instructions, warranties, and certificates of inspection. For purposes of estimating the level of effort associated with this sub task, it is assumed that 15 Shop Drawings will be addressed by CONSULTANT. After review, CONSULTANT will transmit these documents to the CITY with written comments. Shop Drawings will be reviewed and responded to within 14 calendar days of receipt. CONSULTANT will maintain a shop drawing log. CONSULTANT shall log clarifications (requests for information) and issue necessary technical interpretations and clarifications of the Construction Contract Documents in a timely manner. For purposes of estimating the level of effort associated with this sub task, it is assumed that 10 requests for information will be addressed by CONSULTANT. CONSULTANT shall issue necessary clarifications and interpretations of the Contract Documents. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. CONSULTANT may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. Non-technical administrative interpretations will be issued by CITY. TASK 5- ADDITIONAL SERVICES(OPTIONAL) Subtask 5.1-Full Route Survey The CONSULTANT shall provide a full route survey. The survey shall be performed in accordance survey standards for the development of construction drawings and used by the CONSULTANT to prepare preliminary and final design documents. The CONSULTANT will engage the service of a registered land surveyor to perform underground utility location services, utilizing ground penetrating radar(GPR), electromagnetic locator, and minimally intrusive excavation methods (soft-dig). The surveyor will update topographic survey with invert elevations and topography collected. Subtask 5.2-Geotechnical Report The CONSULTANT shall provide a Geotechnical Report to include the results of soil borings, laboratory testing, data evaluation, engineering analysis and construction suggestions and considerations. The report shall be used by the CONSULTANT for use in preparing preliminary and final design documents. The field investigation shall be performed in accordance with ASTM (American Society of Testing Materials) standards. com Smith Page 4 of 8 BM703 Page 917 of 1106 Subtask 5.3-Additional Engineering Services At the request of the CITY, CONSULTANT will perform additional engineering services to the CITY for work expressly excluded from the scope of services as noted in the Assumptions herein or requested by the CITY during the Project. Additional Engineering Service may include, but not be limited to, analysis or preparation of design modifications, including preparation of drawings or technical specifications, assistance in preparing or reviewing documents not expressly included in the above tasks, environmental assessments, alignment alternatives, or additional limited services during the construction contract period. A not-to-exceed amount of$20,000 is established for services related to this subtask. TASK 6- MEETINGS AND PROJECT MANAGEMENT Activities performed under this task consist of those general functions required to maintain the project on schedule,within budget, and that the quality of the work products defined within this scope is consistent with the CONSULTANT's standards and the CITY's requirements. Specific activities included are identified below: Subtask 6.1-Meetings Within 30 calendar days after the Notice to Proceed, the CONSULTANT will prepare for and attend a Kickoff Meeting at the CITY with appropriate CITY management, engineering and staff to discuss the project background, problem identification, data needs, schedule and communications.The CITY's project manager(PM)will assist the CONSULTANT with coordination of this meeting. The CONSULTANT will prepare and distribute the Kickoff Meeting minutes to the CITY. The CONSULTANT will meet with the CITY at intervals during the duration of the project to discuss the progress of the project. A total of three progress meetings to review deliverables (Letter Report, 90% Design for Permit, 100% Pre-Bid) have been planned for budget estimating purposes. The CONSULTANT will prepare meeting notes of each meeting.This task also includes internal team meetings. Subtask 6.2-Project Status Reports The CONSULTANT's project manager will prepare and submit a monthly written status report and invoice for anticipated Design duration. Additionally, the CONSULTANT will provide email updates as requested by the CITY. ASSUMPTIONS The following is a list of assumptions upon which this scope of services is based. 1. CONSULTANT will use its professional judgment to reasonably rely upon the information and data provided by CITY or obtained from generally acceptable sources within the industry. 2. Services related to assistance with advertisement of the project, coordinating the sale and distribution of non-refundable bid documents, scheduling and holding a pre-bid com Smith Page 5 of 8 BM703 Page 918 of 1106 meeting and site visit, and distributing addenda to the Contract Documents are to be performed by the CITY. 3. Review periods of two (2)weeks are anticipated for CITY review of draft deliverables prepared by CONSULTANT. CONSULTANT will submit final deliverables within three (3) weeks after receiving comments from CITY.The CONSULTANT shall obtain from the CITY, pertinent information related to the force main improvements, utility relocations, roadway improvements and resurfacing, fire protection standards and other CITY criteria and standards that may affect this scope of work. 4. The preparation of calculations to validate the service requirements, pipe size and capacity determination provided by CITY are not included in this proposal. CITY shall perform modeling that may be required to validate service requirements and Lift Station No. 317 performance. 5. The Opinion of Probable Construction Cost to be developed under this scope of work will be prepared in accordance with the cost estimate classes defined by the Association for the Advancement of Cost Engineering (AACE). 6. The CONSULTANT will include specifications for restoration of areas disturbed by construction; however, no landscape architectural services have been included. 7. It is assumed that the selected contractor will prepare Record Drawings. 8. The CITY shall be responsible for all Permit Application Fees. 9. CONSULTANT shall utilize the CITY's internet-based project management information system tool e-Builder during the Project. 10. CONSULTANT shall follow the latest CITY Utilities Engineering Design Handbook and Construction Standards. Standard Details shall be provided by the City in ACAD format. Standard Specifications shall be provided by the City in MS Word format. CONSULTANT shall provide other Specifications needed for the Project. 11. The force main alignment prepared by CONSULTANT will prioritize open-cut construction of the pipeline. If it is determined that trenchless construction methods are required after subtask 1.1, a trenchless design may be provided as an additional service by the CONSULTANT. DELIVERABLES The CONSULTANT will provide the following deliverables to the CITY: ■ Meeting Minutes (pdf format) for the project kickoff meeting and project status review meetings. ■ Draft and Final Route Evaluation Letter Report (pdf format) com Smith Page 6 of 8 BM703 Page 919 of 1106 ■ 90-percent progress Drawings, OPCC, and Technical Specifications in electronic format (pdf). Hard copies signed/sealed by FL Professional Engineer in the number required for Permit. ■ Provide three (3) hard copies sets of the Bid Set (Drawings) signed/sealed by FL Professional Engineer and three (3) hard copies sets of Bid Set Technical Specifications signed/sealed by FL Professional Engineer(one original copy, not bound). Provide electronic Files in ACAD, MS Word and pdf format of all deliverables. ■ Completed permit applications ■ Final Conformed Documents ■ During Construction: Submittal Review Response(s), Requests for Information Responses, Field Orders process through e-Builder. ■ Survey(Optional Task):Three (3) hard copies of the Full Route Survey signed/sealed by FL Professional Land Surveyor. ■ Geotechnical (Optional Task):Three (3) hard copies of a Geotechnical Report signed/sealed by FL Professional Engineer. TIME OF COMPLETION/SCHEDULE The approximate period for delivery of services defined in this Work Order is delineated in the table below. CONSULTANT will commence services within seven calendar days after receipt of the written Notice to Proceed from CITY. A Gantt Chart is provided in Exhibit A. Task No. Description Anticipated Completion in Weeks Following NTP 1.0 Engineering Design 32 2.0 Permitting Assistance 26 3.0 Bidding Assistance 40 4.0 Limited Services During Construction TBD 5.0 Additional Services TBD 6.0 Project Management and Meetings 40 COMPENSATION AND PAYMENT The compensation for this Work Order, exclusive of other direct costs, is a Lump Sum of $116,520. CONSULTANT will submit invoices, based on the percent completion of the work for each task and sub-task.The CONSULTANT will manage work hours between tasks and employee classifications, and/or utilize other appropriate employee classifications, provided that the work assignment total compensation is not exceeded.The invoice will be substantiated with written status reports and the estimated completion percentage for each task and sub-task. For invoices purposes only, the value of each Task is summarized in the table below. A fee structure breakdown is provided in Exhibit B. colm Smith Page 7 of 8 BM703 Page 920 of 1106 A not-to-exceed amount of$20,000 is established in Task 5 for additional services that may be requested by the CITY related to this Work Order.The CONSULTANT will not use the Task 5 without prior written approval of the CITY's project manager or their designee. Also, a not-to-exceed amount of$2,000 is established for other direct costs for reimbursable costs related to this Work Order. Reimbursable cost will require prior approval from the CITY designated Project Manager or their designee. The total not-to-exceed (NTE)value of this Work Order is $153,520, inclusive of reimbursable costs. Table One Task Value for Invoice Purpose Only Task No. Description Value 1.0 Engineering Design $74,940 2.0 Permitting Assistance $7,520 3.0 Bidding Assistance $5,680 4.0 Services During Construction $12,400 6.0 Project Management and Meetings $15,980 SUB-TOTAL WORK ORDER No. UT-413-01, LUMP SUM $116,520 5.0 Additional Services (Optional), NTE $35,000 Reimbursable, NTE $2,000 TOTAL WORK ORDER No. UT-413-01, NTE $153,520 colm Smith Page 8 of 8 BM703 Page 921 of 1106 k a s' ' O N 4,4 N Y)� W N LL Gl U G1 N O Z N { Q 7 C9 rn £ m f6 W Z WCO C-4 cn O rCO _ C N F f6 f0 Gl G i' U .. 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Ij� cc .� a a m m a vi ¢ c7 a � a vl vl GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CDM SMITH, INC., hereinafter referred to as "the CONSULTANT",in consideration of the mutual benefits,terms,and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services;and WHEREAS,THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach,RFQ No.046-2821-17rrP;and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders,at the request of the CITY during the term of this Agreement,including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants'work. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLEAN FINAL Page 924 of 1106 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost,and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services C-2 V.5 CLEAN FINAL Page 925 of 1106 with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes,administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL Page 926 of 1106 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 927 of 1106 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY.If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY,if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY,if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project,and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL Page 928 of 1106 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services C-6 V.S CLEAN FINAL Page 929 of 1106 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints,drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractorfor the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time,no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT,which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 12.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; •3 Conducting all necessary construction progress meetings; •A Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services 7 V.5 CLEAN FINAL Page 930 of 1106 Field observation and verification of quantities of equipment and materials installed; Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; •S Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; B• Development and implementation of a system for the preparation, review,and processing of change orders; •t• Maintenance of a daily log of each project; •3 Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; •'• Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion;and S Securing and transmitting to the CITY, required guarantees;affidavits; releases;key manuals;record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY,and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL $ Page 931 of 1106 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees,subconsultents and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. •: Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. •S Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to,changes in size,complexity,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies,reports,design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations,ordinances,codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies;cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposa[/proposal protests,re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g. defective plans and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 932 of 1106 proposals) in which event there shall be no additional cost for the provision of such services. 4+ Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. �• Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. +: Providing artwork,models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor,except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4)default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. ❖ Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 933 of 1106 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 934 of 1106 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order,the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes,and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSU LTANT,fai lure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling"basis,as some already assigned task orders near timely completion. if a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that tho CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G-12 Page 935 of 1106 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach,an event of default shall include the following: + CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90)days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default,the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLF,AN FINAL C-13 Page 936 of 1106 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 937 of 1106 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. :• The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative,the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. ❖ The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry,such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index(CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C�� Page 938 of 1106 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. B• The CITY may after examination,refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient, In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information,reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT,shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 939 of 1106 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE S-COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment to schedules and prices. ARTICLES-INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services C-17 V.5 CLEAN FINAL Page 940 of 1106 ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract,CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claimlaggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 941 of 1106 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement,maintain a"tail coverage"in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract.The CITY shalt not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12-COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 942 of 1106 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 943 of 1106 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10)days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions,conditions,or requirements herein contained,if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G-21 Page 944 of 1106 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall,however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses,economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses,projections,or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. ARTICLE 24-.NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Copy to: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C"22 Page 945 of 1106 City of Boynton Beach City of Boynton Beach Attn: Procurement Services Attn: Utilities Director P.O.Box 310 124 E.Woolbri ht Road Boynton Beach, FL 33425 Boynton Beach,FL 33435 And Notices to CONSULTANT,shall be sent to the following address: CDM Smith Inc. Attn:Suzanne Mechler,P.E. 621 NE 53rd Street Suite 265 Boca Raton, FL 33487 ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract,or any disagreement or dispute concerning it,shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it,shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 946 of 1106 ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes, The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYLEJABBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 947 of 1106 Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES,AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which shall be considered an original on the following dates: DATED this )0 4,k day of do- 20 c CITY OF BOYNTON ppBEACH City Manager C NSULTANT Attest/Authenticated: 0V`Q '•"'!rSM T of Title 197U • a — Cit erk "at y Approved to Fo Attest/Authenticated: Offi of the Cit Attorn Secretary Boynton Beach Utilities-General Consulting Services C-25 V.5 CLEAN FINAL Page 948 of 1106 EXHIBIT"A" FEE SCHEDULE FIRM: CDM SMITH INC. DATE: March 19,2018 Personnel Classifications Hourly Rate Principal $270.00 Project Manager $250.00 Senior Engineer $220.00 Process Engineer $220.00 Sr Electrical Egn. $230.00 Elec.Egn. $160.00 Process Control/Inst.Egn. $210.00 Sr.Mechanical Engineer $230.00 Mechanical Engineer $160.00 Engineer $160.00 Designer $140.00 GIS Specialist $180.00 CADD/Technician $140.00 Public Relations Specialist $150.00 Construction Inspector $165.00 Sr.Rate analyst $240.00 Clerical/Administrative $120.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CI.,EAN FINAL C-2fi Page 949 of 1106 EXHIBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contacts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by AM,Best Co.of`B+"or higher.(NOTE do insurance contract or binder stay be accepted as proofof insurance if Certificate is provided upon selection of vendor,) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) --------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------- -------------------------------------------------------------- General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Internodal ---------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 -------------------------------.._--_-------------------------------------------------------------------------------- ----------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined -------------------------------------------------------------------------------------------------------------I-------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ---------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost -------------------------------------------------------- --------------------------------------------------------------- Other- As Risk Identified to be determined -------------------------------------------------------------------------------------------------------------------_---------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 950 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date; Name of Firm: Office Location: 1. 1 Service: I (Check One) p Plarmin /Study Activity,Re ortOther ❑ Design/Engineering Services/Preliminary Bid Document ❑ Finat Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name ofPraject: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating Check One ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? 1 ❑ I Yes 1 ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of paper, 8. Name title and office ofrating officer e. .Utilities Director): 9, Signature ofratinofficer: Boynton Beach Utilities-General Consulting Services V.5 CLF.AN FINAL C"28 Page 951 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerical) 1 to 5 with 5 beingthe hi hest score N/A 1. Thorou h site investigation 1 2 13 14 15 2. ..Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity,accuracy,and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID,&AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Secs afford competition 1 12 3 4 15 2. Secs complete/thorough 1 2 3 4 15 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineers estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. 1 Pre-bid conference participation 1 2 3 4 5 8. Respons to inquiries 1 2 3 4 5 9. Bid evaluation ualit /timeliness 1 2 3 4 5 10. Response to building&permittinq agencies 1 2 3 14 5 11. Addendum preparation&permit applications 1 2 3 14 5 Name and title of rating officer(e.g. Utilities Director): rn Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 952 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Drawings Reflect True Conditions 1 12 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. 1Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5 Documentation,etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 1 2 3 14 1 5 Name and title of rating officer(e.g. Utilities Director): Si nature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3U Page 953 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the highest score NIA 1. Thorou h investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solvin ? 7. Overall results 1 2 3 4 5 Name and title of ratinq officer(e.g. Utilities Director): Signature of ratinp officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 954 of 1106 CERTIFICATE OF LIABILITY INSURANCE DAT0802�01 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. w a IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on thisO certificate does not confer rights to the certificate holder in lieu of such endorsement(s). '� PRODUCER CON EACT 0 Aon Risk Services Northeast, Inc. PHONE (g66) 283-7122 FAX 800-363-0105 d Boston MA Office AIC.Na Ext: /C.No, 53 State Street E-MAIL 2 0 suite 2201 ADDRESS: _ 805tOn MA 02109 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: National union Fire Ins Co of Pittsburgh 19445 GDM Smith Inc. INSURER B: New Hampshire insurance company 23841 75 State street, Suite 701 Boston Ma 02109 USA INSURER C: American Home Assurance Co. 19380 INSURER D: Illinois National insurance cc 23817 INSURER E: Lloyd's syndicate No. 2623 AA1128623 INSURER F: COVERAGES CERTIFICATE NUMBER:570072564350 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limas shown are as requested INSR ADD[BURR YEXP LTR TYPE OF INSURANCE [NBC WVD POLICY NUMBERMMID LIMIT A X COMMERCIAL GENERALLIABIUY GL 4 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $300,000 PREMISE nonce MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 rq GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4,000,000 PRO-POLICY �JECT X LOC PRODUCTS-COMP/OPAGG 54,000,000 OTHER: 0 n A AUTOMOBILE LIABILITY CA 1921822 01101/201801/01/2019 COMBINEDSINGLE LIMIT $2,000,000 'c A05 A X ANYAUTO CA 1921821 01/01/2018 01/01/2019 BODILY INJURY(Perperson) 0 OWNEDSCHEDULED MA BODILY INJURY(Per accident) d AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE K ONLY AUTOS ONLY Peraocdenl O d UNBRELLALIAB HOrCUR EACH OCCURRENCE V EXCESS LIM CLAIMS-MADE AGGREGATE DED I RETENTION B WORKERS COMPENSATION AND WC014649625 01/01/2018 01/01/2019 X PER OTH- E6PLOYER&LIABILITY YIN AOS STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $1,000,000 B OFFICERIMEMSER EXCLUDED? N NiA WC014649626 01/01/2018 01/01/2019 (Mandatory in NH) AK,AZ,VA E.L.DISEASE-EA EMPLOYEE $1,000,000 if e under DESCRIP ON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-_ E Archit&Eng Prof PSDEF1800033 01/01/2018 01/01/2019 Each claim 51,000,000 Professional/claims Made Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Addmanal Remarks Schedule,maybe attached Nmare space is required) City of Boynton Beach is included as Additional insured in accordance with the policy PProvisions of the General Liability and automobile Liability policies. XCU coverage is included under the General Liability go icy where required by written contract. ri.r contractual Liability is included under the General Liability policy where required by written contract. 3 ■ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach AUTHORIZED REPRESENTATIVE Attn: Charles J. Magazine Risk Manager � �y 100 E. Boynton Beach Blvd. �y� r, f- pe—z? Po BOX 310 . [a c.?��i c%L'.rlrrs; c/�` .,,,!>. Boynton aeach FL 33435-0310 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 955 of 1106 AGENCY CUSTOMER ID: 10518329 LOC#: ADDITIONAL REMARKS SCHEDULE Page _of_ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. CDM Smith Inc. POLICY NUMBER See Certificate Number: 570072564350 CARRIER I IN IC CODE see certificate Number: 570072564350 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER, INSURER ADDITIONAL POLICIES if a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION I.rnITS LTR INSD VIVO DATE DATE NIDD MMlDD WORKERS COMPENSATION C N/A WC014649627 01 01/2018 01 O1 2019 CA D N/A WC014649628 01/01/2018 01/01/2019 FL B N/A WC014649629 01/01/2018 01/01/2019 IL, KY, NC, NH, UT, VT B N/A wc014649630 01/01/2018 01/01/2019 MA, No, OH, WA, WI, WY B NJAwc014644631 01J01/2018 01/01/2019 NI, PA ACORD 101(2008/01) 92008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Page 956 of 1106 7.D. BIDS AND PURCHASES OVER$100,000 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-1113-02 with Carollo Engineers in the amount of$198,810 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 Congress Avenue Force Main Isolation Valves project. EXPLANATION OF REQUEST: Contract Period: August 22, 2018—August 21, 2020 Boynton Beach Utilities owns and operates a wastewater collection system and pumping system that pumps wastewater to the South Central Regional Wastewater Treatment Plant. The central part of the system includes a 36-inch force main pressure pipeline along Congress Avenue which transmits the majority of the City's wastewater south to the Wastewater Treatment Plant. Due to the criticality of the force main pipe and its age, Staff would like to implement reliability improvements in the wastewater piping system. The primary goal is to establish alternate flow patterns in the system during maintenance, repair, or emergencies to enable the diversion of wastewater flow to the existing 24-inch force main in the eastern part of the City. This project will investigate the existing condition of the 36-inch forceman, plan, and design improvements to install isolation valves in the wastewater system to be able to divert the flow. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will provide increased flexibility and reliability in the Utilities wastewater collection and transmission system; improve the ability to respond during emergencies, maintenance and repair; and provide an improved level of service to the residents and businesses in the utilities service area. FISCAL IMPACT: Budgeted Funding for the project is available in Utilities C I P account 403-5000-535-65.04. ALTERNATIVES: Continue to operate the existing wastewater system and not proceed with the project at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 957 of 1106 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Carollo Proposal D Contract Carollo Contract Page 958 of 1106 Engineers...Working Wonders With Water® January 18, 2019 Mr. Michael Low Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Proposal for Engineering Services Forcemain Isolation Valves Dear Mr. Low: As requested, we have prepared the following proposed scope of services for the subject project. Background The City of Boynton Beach Utilities (Boynton) owns and operates a wastewater collection system, including local and master pump stations and a forcemain network. The forcemain collection system generally pumps to the SCR wastewater treatment facility at the south of the service area. The central part of the system includes a 36 inch forcemain along Congress Ave, which transmits the majority of the City's wastewater to the south. This main is aging, and is primarily of ductile iron material. Provided the criticality of this forcemain and its age, the City desires to establish reliability improvements in the collection system. The primary goal is to establish alternate reliable flow patterns in the system which maintain a majority of system operation during maintenance or repair. This project will investigate, plan for and design improvements to install isolation valves in the system to improve flexibility and reliability. This project will establish a desired operational methodology, conduct an analysis, make recommendations, then design, permit and construct system improvements. This includes: - Establish a methodology for improving operational flexibility and reliability - Determine primary and alternate flow routes/patterns - Determine hydraulic limits of these routes - Investigate the DIP force main along Congress Ave - Recommend locations for Isolation valves - Conduct Survey/SUE at identified locations for potential valve installation - Address the condition of the pipe with ultrasonic wall thickness measurements - Design the addition of isolation valves - Permit the construction of the valves for the project - Bid the project - Construct—provide limited construction support services 350.54.014 1 Boynton FM Valve Scope 1-18-2019 9897 Lake Worth Road, Suite 302, Lake Worth, Florida 33467 P.561.868.6400 F.561.868.6401 carollo.com Page 959 of 1106 January 18, 2019 Page 2 SCOPE TASKS TASK 1 — DATA GATHERING The purpose of this task is to collect and review the available data to complete the project. Data collection will include a variety of sources based on the best available data, requiring data from Carollo and the City. The required data is anticipated to include, but not be limited to: • Existing model (developed by Carollo under the UMOP) • Operational and SCADA data of the system, with a focus on the master pump stations along Congress Ave. Pressure and flow data are desired where available. • City maintained GIS data • Record drawings of pipelines along Congress Ave and other key areas. • Pump curves and/or record drawings for pump stations in the affected area • Historical maintenance and repair data with the focal area. All collected data will be reviewed and compiled for use in the tasks which follow. Data evaluation will focus on the current operation of master pump stations and the major forcemains to the WWTP. To further complement the data collection effort, we anticipate a field visit after initial review of the data. Along with City staff, this visit is anticipated to confirm received data and to evaluate the existing forcemain route and to establish potential valve installation sites. Deliverables 1. Summary of collected data TASK 2—OPERATIONAL METHODOLOGY AND FLOW PATTERNS This task will utilize the existing system data, including GIS maps, record drawings, operational data, repair history and hydraulic model of the wastewater system as a basis. Carollo will review data to develop potential operational flow pattern alternatives during hypothetical maintenance or repair scenarios. The goal will be to identify and establish scenarios for Page 960 of 1106 January 18, 2019 Page 3 potential flow patterns in the system, to be provided in figures in the next task as part of the preliminary recommendations. Flow patterns will be identified using GIS, hydraulic model and operational data as available. The model will be utilized to estimate potential flow or reduced flow situations during alternate flow patterns in the system. These scenarios will be presented in the following task, including figures and summary of hydraulic data in each scenario. Hydraulic model evaluation will be limited to the master pump stations which are directly impacted with the valve installation and focus on typical flow loss during normal operating conditions. This will not include lift station recommendations or improvements. Deliverables 1. Flow patterns and hydraulic impacts (to be included in Task 3 report) TASK 3—PRELIMINARY RECOMMENDATIONS The purpose of this task is to identify and establish recommendations for system improvements (valve installation), based on operational and preliminary site evaluations. It is anticipated that the recommendations will include up to 6 valve installation locations. Some sites may be identified as potential areas along the existing forcemain, which will be further investigated in tasks which follow. Recommendations will be summarized in the form of a brief summary report. The report will describe operational goals and potential flow scenarios for lift stations during operation, considering redundancy/backup scenarios. Recommendations will also include the suggested locations for valve installation, to be further investigated prior to final design. Figures will provide maps of the site locations (or general areas) for potential valve installation. Each site and potential alternative sites will be identified in figures which include areas to be surveyed, SUE locations, potential GPR and potential ultrasonic thickness measurement. These sites will be further investigated via survey and SUE efforts in the tasks which follow. Design efforts will follow based on the additional data collection. Deliverables 1. Report with figures Page 961 of 1106 January 18, 2019 Page 4 TASK 4— FIELD INVESTIGATION (SURVEY, SUE, GPR AND ULTRASONIC TESTING) The purpose of this task is to conduct detailed field investigation. Based on the preliminary site locations identified in the previous tasks, a combination of investigation may occur. Sites are anticipated to be initially surveyed for pipe location, including SUE investigation to determine depths of the forcemain and potential conflicting nearby utilities. GPR and Ultrasonic tools may also be utilized as determine on a location specific need. Survey— Survey will include topographical survey of the identified area for potential valve installation. Each survey area will vary in size, but is anticipated to include an approximate 50'x300' area for each site. Some sites may be extended where the installation location may vary, based on the allotted survey scope. SUE - Subsurface Utility Engineering will occur to confirm the depth of the forcemain at each location. Additional SUE may occur to gather information on other nearby utilities as necessary. SUE is anticipated to be limited to less than thirty (30) soft digs in total. This does include a limited allotment for MOT efforts where the SUE/pipeline location impacts traffic. GPR —Ground penetrating radar may be utilized where numerous other existing utilities exist within the anticipated area of valve installation, and other location information cannot confirm the necessary details. An estimated two to three GPR sweeps may occur per valve site (one sweep per 100 feet). Ultrasonic thickness measurement— During field investigation and SUE efforts, and where the existing forcemain is metallic in material and safely accessible, it is beneficial to conduct ultrasonic thickness measurements on the top of the forcemain in order to estimate the internal condition of the pipeline. Wall thickness estimation will occur based on the use of ultrasonic thickness measurement equipment (based on location and depth). The team will establish a plan to assess multiple locations the pipeline where safely accessible. Record drawings will be utilized in order to select the best potential locations for assessment. Results by location will be provided to the City along with recommendations related to the construction/addition of valves. This task includes an established allowance for a combination of these efforts to be provided up to the limit identified. Each investigational tool may be implemented on a site specific basis, as determined based available data and adjusting to potential challenges which may vary between sites. If the results of detailed field investigation impact the preliminary recommendations for valve locations, these outcomes will be provided to the City in the form of a technical memorandum Page 962 of 1106 January 18, 2019 Page 5 along with revised figures. The team will meet with the City to discuss these outcomes and agree upon the final design prior to proceeding with final design. Deliverables 1. Survey and field investigation results (survey, SUE data, Ultrasonic data) 2. Memorandum summarizing recommendations prior to final design TASK 5 — DESIGN Based on the results of the preliminary recommendations and field investigation, the team will move forward with design of the valves. The design will include construction plans and specifications for the addition of up to 6 valves into the existing forcemain along Congress Ave or the nearby related areas. Prepare plans at the 60 and 100 percent design level for the addition of valves into the forcemain, including: o Drawings — Utilizing investigational data, provide site drawings for each individual site where a valve installation will be completed. This will generally include a plan and section view of the proposed valve insertion, along with details of the surrounding site and restoration requirements. Detail drawings related to the valve fittings, taps, or other construction methods will be provided in detail sheets (where one design applies to multiple sites). o Operational Methodology — As initially provided in Task 2, a final methodology will be established for diverting flow and maintaining service in the forcemain. This will include figures and a descriptive statement noting potential scenarios which could occur. o Materials and Methods of Construction — The Engineer will consider alternatives for construction including methods of construction, valves, and connection methods based on the project constraints. The Engineer will determine and establish the preferred methods of construction based on City standards, requirements, and cost impact. o Plans shall be developed in AutoCAD format, full size (22"x34") plans, developed on a 1"= 20' scale. o Plans shall include: o Cover Sheet, Index, location map, legend, general notes o Plan sheets o Profile/Section views (1"= 20' scale or better) o Valve insertion methods details (1"= 10' scale or better) o General utility details Page 963 of 1106 January 18, 2019 Page 6 o Specifications — Provide specification related to the construction, including valves, piping, fittings, general construction method requirements. o Estimate of Construction Cost—Provide a preliminary cost estimate for the construction of the valve addition and an estimate of repair costs for the surface impacts and repairs required. The cost estimate shall be based upon current industry historical and regional information, bid data, etc. Deliverables 1. 60% and 100% plans 2. Specifications 3. Cost Estimate TASK 6 — PERMITTING Prior to construction, the Engineer will submit for and obtain permits. Permits anticipated in this scope include: • FDEP construction permit—A permit determination will be completed with FDEP based on the final design. Depending upon the amount of pipeline modified, a permit for the valve addition / pipe modification may be required, and is included in this scope. • City ROW permit- For construction within the easement of City maintained roads, a City ROW permit is anticipated. This does not include maintenance of traffic (MOT), roadway or stormwater design. MOT will be included as part of the construction effort by the contractor if required. • County ROW permit—Congress Ave (CR 807) is a County Road. For construction along Congress Ave, a Palm Beach County ROW permit is anticipated. This does not include maintenance of traffic (MOT), roadway or stormwater design. MOT will be included as part of the construction effort by the contractor if required. • FDOT or other permitting is not anticipated or included based on the pipeline corridor. TASK 7 — BIDDING It is anticipated that the Bid Set submittal will be advertised to hire a General Contractor to construct the Work. Carollo will submit bid documents in accordance with the City's requirements for public advertisement of the Project. The City will advertise and distribute the bidding documents as well as subsequent addenda to the potential bidders as part of this phase of the project. Page 964 of 1106 January 18, 2019 Page 7 Prebid Conference Carollo will attend 1 prebid conference with the City's Purchasing Department and potential bidders. Carollo will summarize the discussion and decisions reached during the meeting. Carollo will submit the summary of the discussion to the City for review and acceptance. Responses to Bidder Questions Based upon questions received from the potential bidders, Carollo will prepare responses to and a subsequent addenda. Carollo assumes that the City will review Carollo's draft responses to bidder questions prior to them being issued to the bidders. Carollo will revise the responses based upon the City's comments in order to constitute they are acceptable to the City for amendment of the bid documents. It is presumed that the City will distribute the final addenda package to the potential bidders. Evaluation of Bids Carollo will evaluate the bids received in order to assess if the bidders are responsive and responsible in the perspective of the Engineer of Record. It is presumed that the City Purchasing Department will also review the bids in order to determine they meet the City's criteria for necessary bonds, insurance, M/WBE requirements, etc. Carollo will prepare a tabulation of the bids and prepare a Recommendation of Award Letter. Conformed Set Submittal Based upon the addenda produced, Carollo will conform the construction documents and develop the Conformed Set. Deliverables • Responses to Bidder Questions • Recommendation of Award Letter • Conformed Set Submittal - 1 signed and sealed hardcopy and PDF copy with drawings in AutoCAD format TASK 8 — CONSTRUCTION SUPPORT SERVICES Carollo will provide construction support services during the construction of the valve installation. It is anticipated that the work will be constructed over a duration of 6 months. It is presumed that the City Resident Project Representative (RPR) will observe the construction work, process pay requests, and other associated services not listed below to be performed by Carollo. It is presumed the City will perform services with respect to notifying and interacting with the Public regarding the Project. Carollo will provide the following limited construction administration services: Preconstruction Conference Carollo will attend and summarize the Preconstruction Conference. The City will generate the agenda and moderate the pre-con agenda. Page 965 of 1106 January 18, 2019 Page 8 Construction Progress Meetings Carollo will attend up to 6 Progress Meetings during construction. It is anticipated that the City will hold some meetings on a regular basis and others on a monthly basis. Carollo will assist the City in the preparation of materials for the meeting as directed by the City. The City will determine the schedule for the progress meetings at the Preconstruction Conference. Carollo will summarize the progress meetings in coordination with the City's Construction Manager. The City's Construction Manager will review the meeting summaries prior to them being issued to the General Contractor. Shop Drawing Submittals Carollo will review construction submittals for the Project. Carollo will review submittals within 15 calendar days from receipt from the General Contractor. Carollo will develop and maintain a shop drawing log. For budget purposes it is anticipated that a total of 3 submittals will be processed. Request for Information Carollo will provide responses to up to Requests for Information (RFI) from the General Contractor. Carollo will develop and maintain a log of Requests for Information. Site Visits Carollo will attend up to 6 individual site visits during construction. The site visits will follow construction progress meetings. Carollo will prepare a summary of the site visits in order to document the observations. Issues with the work will be elevated to the City's Construction Manager for communication to the General Contractor. Substantial and Final Completion Site Visits Carollo will perform 1 Substantial Completion site visit and develop a punch list. Following completion of the punchlist by the General Contractor, Carollo will perform one Final Completion site visit. Record Drawings Carollo will utilize the General Contractors redline markups in order to develop a set of Record Drawings. Carollo will prepare a draft Record Drawing Submittal to the City. Based upon the City's review comments, Carollo will prepare and sign and seal the final Record Drawings. FDEP Request for Approval to place a Domestic Wastewater Collection/Transmission System into Operation Based on the required permits in Task 6, Carollo will complete the FDEP Form to place the new modifications into service. Carollo will document significant deviations from the permit application and the constructed condition. A draft of the required certifications will be submitted to the City for review prior to making the submittal to the regulatory agency. Deliverables • Preconstruction Conference Meeting Summary • Construction Submittal Review Comments • Request for Information Responses Page 966 of 1106 January 18, 2019 Page 9 • 1 Substantial Completion Punchlist • Final Record Drawings - 1 signed and sealed hardcopy and drawings in AutoCAD format & PDF format. • FDEP Request for Approval to place a Domestic Wastewater Collection/Transmission System into Operation TASK 9—MEETINGS/ PROJECT MANAGEMENT Project Management. Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants. Progress Meetings. Progress meetings will be held monthly to discuss the progression and direction of the project, milestones that have been achieved, current work efforts, budget, schedule, and any issues that may arise. Monthly Progress Reports. Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status, and work to be completed by the next progress report. Communications. Project management will include general communication among Carollo and Boynton staff members for overall facilitation, and to manage delivery of the project on time and within budget while meeting Boynton's goals. COMPENSATION The total compensation shown in the table below is based on the hourly maximum rates established in Exhibit A to the General Utilities Engineering Master Agreement. Task Description Budget Billing Method 1 Data Gathering $7,333.00 Lump Sum 2 Operational Methodology and Flow Patterns $5,125.00 Lump Sum 3 Preliminary Recommendations $12,135.00 Lump Sum 4 Field Investigation $43,695.00 Lump Sum/Per Item (Sub) 5 Design $45,710.00 Lump Sum 6 Permitting $10,015.00 Lump Sum 7 Bidding $10,617.00 Lump Sum 8 Construction Support Services $43,074.00 Lump Sum 9 Meetings/Project Management $21,106.00 Lump Sum Total $198,810.00 Page 967 of 1106 January 18, 2019 Page 10 The billing method shall be lump sum. Subconsultant will charge on a per item basis. A detailed fee breakdown is attached. CLIENT shall make payments to Carollo for services performed for this task order in accordance with Section 2 of the Agreement, and in accordance with the following requirements: • Charges will be lump sum and invoiced on a monthly basis as a percent complete. • Mileage will be charged at the IRS Reimbursement Rate of$0.58/Mile • Charges for outside professionals (subconsultants) will be charged at 1.1 times their direct invoice to the ENGINEER. • Rates and factors underlined in this section are subject to adjustment on an annual basis. PROJECT SCHEDULE The CLIENT and the ENGINEER upon agreement of the goals, objectives, and scope will develop milestones for each assignment if necessary. The overall schedule for this work order is estimated for 15 months after notice to proceed. Engineering design is estimated at a duration of 6 months, followed by bidding and construction. Note that the bidding and construction period/duration are based on City and Contractor schedules. PROJECT ASSUMPTIONS The CLIENT shall furnish the ENGINEER available studies, reports and other data pertinent to the ENGINEER's services; obtain or authorize the ENGINEER to obtain or provide additional reports and data as required; furnish to the ENGINEER services of others required for the performance of the ENGINEER's services hereunder, and the ENGINEER shall be entitled to use and rely upon all such information and services provided by the CLIENT or others in performing the ENGINEER's services under this Work Order. The ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, over water, reclaimed water, and/or wastewater quality and/or quantity, or over the way the CLIENT's plant(s) and/or associated processes are operated and/or maintained. Modeling results, data projections and estimates are the ENGINEER's professional opinion based on the ENGINEER's experience and judgment. The ENGINEER does not guarantee that actual water, reclaimed water, and/or wastewater distribution system operational characteristics will not vary from the modeling results, data projections and estimates prepared by the ENGINEER. The ENGINEER is not liable to, and does not indemnify, the CLIENT, or any third party relative to inconsistencies between the ENGINEER's hydraulic modeling results, data projections and estimates and actual water, reclaimed water, and/or wastewater Page 968 of 1106 January 18, 2019 Page 11 distribution system operational characteristics realized by the CLIENT or any third party in the future, except to the extent that such inconsistencies are determined to be the result of negligence or errors or omissions on the part of the ENGINEER. SUBCONSULTANT PARTICIPATION • Craig A Smith and Associates will provide subconsultant services for field investigation (Task 4) as follows, with additional detail attached: o Survey— provide survey for the proposed 6 locations for valve installation o SUE— provide up to 30 SUE locates for the force main or existing o GPR — provide GPR to locate utilities in the area of anticipated valve installation Please contact us if you have questions or comments. We look forward to working with you on this project. Sincerely, CAROLLO ENGINEERS, INC. `Zll� 34' s, Elizabeth Fujikawa, PE, LEED AP Vice President Page 969 of 1106 0 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CAROLLO ENGINEERS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17(TP; 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 970 of 1106 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six {6} copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services C_2 V.5 CLEAN FINAL Page 971 of 1106 .._.................. with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL Page 972 of 1106 of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 973 of 1106 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL Page 974 of 1106 control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL Page 975 of 1106 Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-� Page 976 of 1106 Field observation and verification of quantities of equipment and materials installed; Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; *o Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. :• Recommending courses of action,and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; ❖ Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; :• Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 977 of 1106 programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, 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. ❖ 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 978 of 1106 proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. :• Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. ❖ Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. ❖ Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 979 of 1106 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 980 of 1106 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 CONS ULTANT,faiIure 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 V.5 CLEAN FINAL C-12 Page 981 of 1106 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: 4- 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; s 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. •3 CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. ❖ In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 982 of 1106 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 983 of 1106 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. 4 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 984 of 1106 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 985 of 1106 by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 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 986 of 1106 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 occurrencelaggregate 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 987 of 1106 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 988 of 1106 price or uonsidaration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,gift, orcontingent fee. ARTICLE 13TRUTH-IN-NEGOTIATION CERTIFICATE — 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of e 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 aoofthe date ofthe 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 inoocunoto, incomplete,or non-current wage rates or due to inaccurate representations of fees paid tooutside CONSULTANTS. The City shall exercise its rights under this ^Certifioete''within one(1)year following payment. ARTICLE 14'SUBCONTRACTING 14.1 The CITY reserves the right k/accept the use n[uSUB-CONSULTANT or0ureject the selection ufoparticular sub-CONSULTANT and toinspect all facilities ofany SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT toperform properly under this contract. The CONSULTANT is encouraged to seek |ouo| vendors for participation in subcontracting opportunities. |fthe CONSULTANT uses any sub CONSULTANTS unthis project the following provisions ofthis Article shall apply: 14.2 |faSUB-CONSULTANT fails Voperform ormake progress, aorequired bythis Cnrkract, and it is necessary to replace the SUB-CONSULTANT to complete the work inmtimely fashion, the CONSULTANT shall promptly doso, subject tu acceptance of the new SUB-CONSULTANT by the QTY. The substitution of subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract asset forth inthe Scope ofWork. 14.3 The CONGULTANT, ito8U8'CDN8ULTANT8. agen{a, uemmnta, 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 ofthis contract. ARTICLE 15DISCRIMINATION PROHIBITED - 15.1 The CONGULTANT, with regard tuthe work performed by it under this Controct, 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 ofemployees orprocurement ofmaterials nrsupplies. ARTICLE 16'ASSIGNMENT 181 The CONSULTANT shall not sublet orassign any ofthe services covered bythis Contract without the express written consent ofthe CITY. Boynton Beach Utilities General Consulting Services C-20 v.5CLEAN FINAL Page 080of11O0 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 990 of 1106 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 991 of 1106 ARTICLE 24-.NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Co y to: _ Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: CAROLLO ENGINEERING INC. Attn: Elizabeth Fujikawa 9897 Lake Worth Road Suite 302 Lake Worth, FL 33467 ARTICLE 25-INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 992 of 1106 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 993 of 1106 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 day of A 0,14,1 120 / CITY OF BOYNTON BEACH 4= LtiL6' rnu,-jcC City Manager CONSULTAN IGINFF� Q•++• F•+.��' Attest/Authenticated: o`;:�OATs TitleM_G e Seal) City CI k Approved as to Form: ttesttAuthenticated: Offf6e of the City Attorney Michael W. Barnes, Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 994 of 1106 EXHIBIT"A" FEE SCHEDULE FIRM: Carollo Engineers,Inc. DATE: March 14 2018 Personnel Classifications Hourly Rate Principal $279.00 Project Manager $279.00 Senior Engineer $202.00 Process Engineer $202.00 Sr Electrical Egn. $257.00 Elec.Egn. $202.00 Process Control/Inst.Egn. $202.00 Sr.Mechanical Engineer $257.00 Mechanical Engineer $202.00 Engineer $162.00 Designer $140.00 GIS Specialist $185.00 CADD/Technician $140.00 Public Relations Specialist N/A Construction Inspector $141.00 Sr.Rate analyst $202.00 Clerical/Administrative $105.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 995 of 1106 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. (NOTA: 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 Tban Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,00Qoo0.00 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 ------------------------------------------------------------------------------------------------------------------------------------------ Bovnton Beach Utilities-General Consulting Services C-27 6 CLEAN FINAL Page 996 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: I. Service: I (Check One) ❑ Planning/Study Activity,Report,Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award p Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating I (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ I Yes I ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title,and office of rating officer e. .Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 997 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorou h site investigation 1 2 3 4 5 2. Meetinj cost limitations 1 2 3 4 5 3. Desi n/results suitability 1 2 3 4 5 4. Coo erative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. 'Plans clear/detailed 1 1 1 2 3 4 1 5 7. 'Plan/spec accuracy 1 1 2 3 14 1 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 bein the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 8. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting agencies 1 2 3 4 5 11. 1 Addendum preparation&permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): -Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 998 of 1106 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score I NIA 1. Drawings Reflect True Conditions 1 2 1 3 14 5 2. Plans/S ecs Accurate/Coordinated 1 2 3 4 5 3. Design Constructabilit 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. 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 V.5 CLEAN FINAL C-30 Page 999 of 1106 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 bein the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 14 5 4. Accuracy of documents 1 2 3 14 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 1 4 5 solving? 7. Overall results 1 2 3 1 15 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 1000 of 1106 7.E. BIDS AND PURCHASES OVER$100,000 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve an increase to the estimated annual expenditure to the "Cooperative Bid to Furnish, Deliver and Discharge Quicklime" with Lhoist North America by an $170,000 increasing estimated annual expenditure from$350,000 to $520,000 for the remainder of fiscal year 2019. EXPLANATION OF REQUEST: Initial Bid Term: December 16, 2017 - December 15, 2019 The City of Boynton Beach is lead agency on this cooperative bid that includes the Cities of Delray Beach and Lake Worth. The current contract term is from 12-16-2017 to 12-15-2019 City Commission approved an annual expenditure of$350,000 in 12-05-2017. Chemicals usage is dependent upon output from the treatment plant and meeting water quality goals to provide excellent drinking water to our customers. Water production at this plant has increased as compared to last fiscal year. This has resulted in higher than anticipated usage of quicklime. An engineering consultant who was recently retained, by the City of Boynton Beach, to perform an evaluation on lime softening practices at the water treatment plant, concluded that the current lime dosing was at its optimal setting for this plant. The Utility will be issuing a bid for the procurement of quicklime needed beyond December 2019 and will return to Commission for further approval following completion of the bid process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Quicklime is necessary to prevent scaling in the water pipelines and in reducing hardness in the water supply. Lhoist North America has been a reliable vendor that has consistently provided the Utilities Department with high-quality quicklime over the past several years. FISCAL IMPACT: Budgeted Funding is available in Utilities account 401-2811-536-52.35 . Recent fiscal expenditures for this chemical are as follows: • FY13/14 $305,000 • FY14/15 $296,502 • FY15/16 $269,258 • FY16/17 $400,000 • FY17/18 $419,155 • FY 18/19 to date $340,000 ALTERNATIVES: None STRATEGIC PLAN: Page 1001 of 1106 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Agenda item that awarded bid D Bid Bid Document Page 1002 of 1106 Coversheet Page 1 of 2 7.A. BIDS AND PURCHASES OVER$100,000 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve award of the"Co-Operative Bid To Furnish,Deliver And Discharge Bulk Quicklime",Bid No.:002-2821-18/IT,to Lhoist North America of Alabama,LLC as the lowest,responsive and responsible bidder meeting all specifications. The estimated annual expenditure is$350,000. This product will be ordered on an"As Needed" basis. EXPLANATION OF REQUEST: Initial Bid Term: December 16,2017-December 15,2019 The City of Boynton Beach is lead agency on this co-operative bid that includes the Cities of Lake Worth and Riviera Beach. Bid proposals were solicited based on chemical specifications for quicklime and quantities for the three participating Cities. On November 28,2017,Procurement Services received and opened two(2)bid proposals for the supply of quicklime. AGENCY EST.ANNUAL TOTAL PRICE PER TON QTY.(TONS) Carmeuse Lime Lhoist N.America of and Stone Alabama City of Boynton Beach 1,500 $305.71 $299.07 City of Lake Worth 550 $305.71 $299.07 City of Riviera Beach 1,268 *See below $300.83 "Carmeuse did not return Addendum No.1 to the Bid which added the City of Riviera Beach's estimated annual requirements and revised the bid price sheet. The bid from Carmeuse Lime and Stone is hereby rejected as non-responsive for failure to return Addendum No.1 to the Bid.Based upon the bid submittals,staff recommends that the bid be awarded to Lhoist North America of Alabama,LLC as the lowest responsive and responsible bidder. The initial bid term is for a period of two years with the option to renew for three(3)additional one-year terms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Lack of,or poor quality,quicklime may result in the scaling of pipelines and increased water hardness to consumers.The purpose of this bid award is to secure a source to provide the best quality quicklime at the most economical price,with delivery to various governmental entities that have elected to participate in the Co-operative bid. FISCAL IMPACT: Funds are available in account 401-2811-536-52-35.Recent fiscal expenditures for this chemical are: FY 12/13-$264,826 FY 13/14-$304,180 FY 14/15-$296,501 FY 15/16-$269,257 FY 16/17-$372,699 ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti-scalants.However,this may lead to higher water treatment costs or possible water quality infractions. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1003 of 1106 https://boyntonbeach.novusagenda.com/agendaintranet/CoverSheet.aspx?ItemID=3306&... 12/11/2017 Coversheet Page 2 of 2 ATTACHMENTS: Type Description D Tab Sheets Tab Sheet-Quicklime D Bid Bid Submittal-Lhoist North America Page 1004 of 1106 https://boyntonbeach.novusagenda.com/agendaintranet/CoverSheet.aspx?ItemID=3306&... 12/11/2017 r 19 November 21, 2017 City Boynton Beach Manager of Purchasing 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 To Whom It May Concern: hoist North America of Alabama, LLC would like to thank you for the opportunity to submit our bid for the City of Boynton Beach's Quicklime uicklime Re quirements— Bid No. Please find attached the completed bid forms, as well as any requested attachments. Should you have any questions, need additional information, please do not hesitate to contact our Florida Sales Manage email at dale.'ames 9 , Dale James, at 314-614-495o or vi date-james@lhoist.com Sincerely, is Lhoist North America of Alabama, LLC 0.ftict Eliza eth A. Hart Florida Sales Coordinator Encls. Florida Sales Office 1479 Town Center Drive, suite 229 Lakeland,FL 33803 877-644-9010 Page 1005 of 1106 INVITATION TO BID FOR FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No..- BID OPENING DATE: NOVEMBER i 2017 ITIME) PURCHASING SERVICES, CITY Page 1006 of 1106 r The City of Boynton Beach Purchasing Services 100 E.Boynton Reach Boulevard J P.o.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 FAX. 1561)742-6316 INVITIATION TO BID FOR "FURNISH, LIVER, AND DISCHARGE BULK QUICKLIME" BID .. -1 Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or y: November 28,,2017, No Later Than :3P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITYL 2ND FLOOR unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. CONE OF SILENCE Page 1007 of 1106 After the deadline to submit a proposal, a bid, or other response to a competitive solicitation, City Staff Members and Members of the City Commission are prohibited from communicating directly or indirectly with bidders or proposers, regarding the substance of the bid or proposals until such time as the City Commission (1) awards or approves a contract, (2) rejects all bids or responses, or(3) otherwise takes action which ends the solicitation process. (City Code Section 2-234). Improper communications during this "cone of silence" period can result in penalties to a proposer or bidder as set forth in City Code Section 2-236. 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: tdqqtMgUj&tb&Ls purposeSCOPE OF BID: The f this Invitationl is to securer i , liver and discharge1 is li for a two-year term at the best possibleprice the Cities t . City n Beach Purchasingis 100 E. Boynton Beach le Boynton Beach, FL 33435 Ilyse TriesTriestman, Purchasingr ( 1) 742-6322 or rret ani _ .us Office FRIDAY, P.M. 2 Page 1008 of 1106 3 INVITIATION TO BID FOR DELIVER, AND DISCHARGEI LI " BID .. 002-2821-1811T Section 9—SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until November 28 2017 at 2:30 P.M. LOCAL TIME in Purchasing Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, FL. 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at(561) 742-6322 to determine if any addendum(s)were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, and three [3] copies, of the bid response shall be submitted in one sealed package clearly marked on the outside"BID TO FURNISH, DELIVER AND DISCHARGE BULKQUICKLIME" to: City of Boynton Beach, Purchasing Services, P.O. Box 310, 104 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the lyped 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. F: The City of Boynton Beach reserves the right to reject any or all bids, to waive any informalities or irregularities in any proposals received, to re-advertise for bids, to award in whole or in part to one or more bidders, or take any other such actions that may be deemed to be in the best interests of the City. 3 Page 1009 of 1106 a COOPERATIVE PURCHASING The Invitation for Bid represents a cooperative procurement. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Governmental Purchasing CooperativeProcurement i nal Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. AGENCY DELIVERY ADDRESS CONTACT PHONE City f Boynton East Water Treatment Plantr l r t , 1) -6447 Beach 124 E. WoolbrightContract Bqynton Beach, Coordinator City r Treatment Plant Tim M. Sloan, ( 1) 586-1636 Worth 1 College StreettPlant Lake Worth, FL 33460 Manager 4 Page 1010 of 1106 SPECIAL CONDITIONS 1. PURPOSEOFBID The City of Boynton Beach is requesting bids from vendors to supply quicklime per the conditions and specifications contained in this document. The contract term shall be for an initial period of two years with the option to renew for three (3) additional one (1) year periods providing that all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Boynton Beach on behalf of the participating governmental agencies referenced within this bid document. 2. PRICING All bid prices, prior to award, shall be effective for a minimum of 90 days after bid opening date. 3. POST SALE AUDIT ADJUSTMENT All items sold to the participating co-op entities as a result of this bid are subject to Post Sale Audit Adjustment. In the event an audit indicates a vendor has not honored quoted price lists and discounts, the vendor will be liable for any and all overage charges. 4. MARKET CONDITIONS The participating co-op entities reserve the right to purchase on the open market should lower market prices prevail, at which time the successful bidder shall have the option of meeting the lower price or relieving the participating co-op entities of any obligation previously understood. 5. AWARD Award will be made to the responsible, responsive bidder meeting specifications, and is in the best interest of the participating entities. 6. METHOD OF ORDERING Items shall be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order or blanket purchase order release. 7. VENDOR SERVICE REPRESENTATIVE The bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after hours, weekends, and holidays must be identified. 8. COMPETENCY OF BIDDERS Pre-award inspection of the bidder's facility may be made prior to award of contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this bid and who can provide evidence that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and 5 Page 1011 of 1106 well-established company in line with the most business practices in the industry and as determined by the proper authorities of participating co-op entity. CANCELLATION9. Order will be subject to immediate cancellation if either product or service does not comply with specifications as stated herein or fails to meet the participating co-op entities performance standards. 10. RIGHT In the event that any of the provisions of the contract are violated by the successful bidder, the City Of Boynton Beach, a lead agency, in coordination with the participating governmental entities may serve written notice upon such bidder of its intention to terminate the contract. 11.AS SPECIFIED A purchase order or blanket purchase order will be issued to the successful bidder with the understanding that all Quicklime delivered must meet the specifications herein. Quicklime delivered not as specified will be returned at the bidder's expense. At the option of the participating co-op entities, samples from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 12.TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. if submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the bidder's authorized signature affixed to the bidder acknowledgement form attests to this. 13. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH In compliance with Chapter 442, Florida Statutes, any item delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must include the following information: A. The chemical name and the common name of the toxic substance. B. The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosivity, and reactivity; 2. The known acute and chronic health effects or risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. b Page 1012 of 1106 +n C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. D. The emergency procedure for spills, fire, disposal, and first aid. E. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 14. REGULATORY COMPLIANCE The Bidder should submit with its bid a statement that the product or chemicals added to the drinking water conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative standards). If not submitted with the bid, the bidder must submit this statement within three (3) business days of City's request. Failure to submit this statement within the deadline may be ground 15. SECURITY The awarded Vendor shall be required to obtain authorization for all personnel that will be on City premises at delivery sites. The Vendor will be required to complete a"1/endor Pass Request Form" and provide photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor with the notification of award letter. Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the City within twenty-four(24) hours of the personnel change by modification of the names submitted on the original Vendor Pass Request Form. Al personnel shall check in with the Security Guard or Operator on duty immediately upon arrival at the delivery location. Photo identification, purpose of visit, and name of City staff contact shall be required for entry. Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Vendor will not release, discuss, or share any information on systems, equipment and/or operations with any non-City personnel. Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. The awarded Vendor shall be held responsible for complying with these procedures. 7 Page 1013 of 1106 16. I The quantities shown are estimated as annual requirements. The participating co-op entities reserve the right to increase or decrease the total quantities as necessary to meet actual requirements. 17. INSURANCE REQUIRED See Attachment"K. . INDEMNIFICATION/HOLD Contractor shall, in addition to any other obligation to indemnify the participating co-op entities and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the participating co-op entity, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged bodily injury sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the work; or b) violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; of c) liens, claims or actions made by the Contractor or any subcontractor or other party performing the Work. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any costs or expenses, including attorney's fees, incurred by any participating Co-op entity to enforce this agreement shall be borne by Contractor. 19. RENEWAL The successful bidder shall be awarded a contract for two (2) years with the option to renew the contract for three (3) additional one (1) year periods. Option for renewal will only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal will be subject to appropriation of funds by each participating co-op entity. 20. PROTECTION OF PROPERTY The successful bidder shall at all times guard against damage or loss to the property of each participating co-op entity or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. Each participating co-op entity may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents. s Page 1014 of 1106 21.TRANSFER PROHIBITED The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of their Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation without prior written consent of the corresponding governmental entity. 22. PAYMENT Payments shall be made on a per-order (delivery) or monthly statement basis (for actual deliveries made). All invoices submitted for payment must include certified weight certificates indicating gross, tare and net weights in addition to showing the purchase order number and must be directed to the appropriate governmental entity. OBLIGATION23. 1 IT IS FURTHER UNDERSTOOD THAT AT NO TIME WILL ANY ENTITY OR MUNICIPALITY BE OBLIGATED TO PLACE AN ORDER WITH THE CONTRACT AWARDEE SHOULD THAT AWARD BE AGAINST THE BEST INTERESTS OF THAT GOVERNMENTAL UNIT. 24. PRICING Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges. A. Pricing shall be based on delivered cost per ton. The contract sum includes all labor, materials and freight charges. Pricing shall be firm for the initial period of December 16, 2017 until July 15, 2018. Pricing changes will be allowable twice per year In accordance with Section 24. C. "Escalation/De-escalation." B. In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. Rail Surchar e—The rail fuel surcharge rate will be based on actual contracts, invoices, or published rates of the Vendor's rail carrier. Vendor shall provide documentation regarding the rail carrier's pricing as part of the request for an adjustment to the rail surcharge. Trucking Surcharge—The truck fuel surcharge rate will be based on the Retail On- Highway Diesel Price— U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration for the third Monday of May and November. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported. 9 Page 1015 of 1106 h C. Escalation/De-escalation: 1. The City will accept price adjustments on July 1- each year. The Contractor must submit sufficient documentation to be given consideration for a price increase, and must pass on a price decrease when the Contractor's costs are reduced. Approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor Statistics BLS) reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information Administration WTI publications on spot crude oil prices, BLS Crushed and Broken Limestone Index, BLS Mining Machinery and Equipment Index, and copies of vendor monthly internal cost reports and/or actual invoices. . Rail and Truck freight charges and changes for transfer costs require written verification from vendor's freight and transfer subcontractors provided to Purchasing Services prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on December 16, 2017, subject to change in accordance with the schedule provided in Section 24.C.1. 3. Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. All cost increases must be approved by the City in writing before going into effect. DELIVERIES25. It is the Cooperative's intent to purchase bulk quicklime from a source that will provide prompt and convenient shipment and service. Consideration will be given therefore to the supplier's method of delivery and to his reliability. If delivery requirements cannot be consistently met, the Cooperative reserves the right to cancel any award and to purchase this product on the open market. A. Deliveries are required within 48 hours of the receipt of an order from any participating entity. Deliveries to each location must be made during normal working hours unless special arrangements have been made by a particular entity. B. Delivery is required via pneumatic truck in approximately twenty-five (25) ton truckloads. Product must be discharged by the vehicle operator into storage silos at each entity's utility location listed above. C. Certified weight certificates must be furnished with all invoices indicating gross, tare and net weights, and the appropriate purchase order number. D. The Co-operative will not pay charges for time spent unloading due to in-experienced drivers, mechanical failure (truck or compressor, etc.), broken or plugged air lines, hoses, or valves. No additional charges for split loads (if tanker doesn't empty out and delivers balance of load to another unit water plant)will be accepted. E. The successful bidder will be responsible for setting up a routine delivery schedule with each entity's plant supervisory personnel. Any changes in this schedule must be approved by the appropriate authority. 10 Page 1016 of 1106 26. LOCATION OF DELIVERIES GOVERNMENTAL UNIT ESTIMATED ANNUAL DELIVERY LOCATION NTITY City of Boynton Beach 1® TONS 1620 S.Seacrest Blvd. 124 E.Woolbright Road Boynton each, FL 33435 Boynton Beach, FL 33435 Sci I No loads before 7:00 A.M.Monday e uirements: thru Friday. Saturday it needed. City of Lake Worth 550 TONS 301 S. College Street 301 College Street Lake Worth, FL 33460 Lake Worth, FL 33460 Spetial_Reulrement.. Delivery Time-Monday thru A_ Friday 7:00 AM.to 3:00 PA, IMAT�EDAG�GREGRTE TOTAL, i_2,050 TONS 27. NOTICE OF AWARD The City Of Boynton Beach, as lead agency, will issue a "Notice of Award Letter' to the awardee. However, it is and shall be understood and agreed that a Contract shall not be deemed to be awarded and validly entered into between the successful bidder and each participating governmental entity until written notice has been given to the awarded vendor by the entity through its authorized agent, and purchase order shall be issued to the bidder covering same. 28. SPECIFICATIONS FOR BULK E A. SAMPLE ANALYSIS The successful bidder's product will be tested weekly for a period established by any entity to determine if quicklime consistently meets bid specifications. Tests can be conducted by each participating co-op entity. Failure to consistently meet reguired bid s ecifications for product gualfty will be grounds for contract termination. B. PRODUCT SPECIFICATIONS The pebble quicklime shall conform to ANSI/AWWA Standard B202-07 (revision of ANSIJAWWA B202-02), -Quicklime and Hydrated Lime", and shall be substantially free from foreign and deleterious matter, core, iron, ash and dirt. The amount of insoluble matter is not to exceed 6. IN THE EVENT ANY SHIPMENT RECEIVED CONTAINS INSOLUBLE MATTER IN EXCESS OF 5.0 PERCENT, THIS SHALL BE GROUNDS FOR IMMEDIATE CANCELLATION. Its predominate physical size shall range from 1/4" to 3/8" with no more than 2" of each 11 Page 1017 of 1106 shipment passing through a No. 100 U.S. Standard sieve at the producer's plant. There shall not be more than 0.5% retained on a No. 100 mesh sieve and 99.5% passing, after slaking and wet washing. There shall be a minimum of 92% available CaO as determined by chemical analysis in accordance with ANSIIAWWA Standard B202-07, Section 5.3.2. Also, in accordance with this standard, there shall also be a minimum 40 degree C rise in temperature within three minutes; the slaking reaction is to be complete within 10 minutes (Section 5.4.1). All requirements for National Sanitation Foundation (NSF) certification required by the Environmental Protection Agency, Florida Department of Environmental Protection, or Palm Beach County Health Unit will be met. C. QUALITY CONTROL REQUIREMENTS A physical and chemical analysis MUST be furnished with each delivery. The analysis shall be certified and performed by a reputable recognized testing laboratory. A one-pound, air-tight sample, MUST also accompany each load delivered. There shall be a minimum of 92% available CaO. Added to that, each entity reserves the right to reject, at supplier's expense, any shipment, which fails to meet the specifications given above. The supplier shall be given ten days after notification of any such failure to arrange for a reputable independent laboratory to analyze one (1) of the retained samples from the shipment in question. Both the entity and the supplier will be bound by such determination. The laboratory fee covering any such analysis will be paid by the entity if the results pass inspection or by the supplier if they fail. If the material has been unloaded and placed in the entity's storage silos prior to obtaining final test results, the supplier shall reimburse the entity at the rate of 2% of the delivered cost per ton for each percentage point that the material fails to meet the 92% minimum available calcium oxide. ® Local Business 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. 12 Page 1018 of 1106 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. EXECUTIONBID: 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. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 13 Page 1019 of 1106 k RIGHTS 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 each; 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", I4 Page 1020 of 1106 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 proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from 15 Page 1021 of 1106 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 proposal 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 RE UIREMENTS: 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. ON PUBLIC ENTITY CRIMES: All Invitations to Bid as defined by Section 287.012(16), Florida Statutes, requests for proposals as defined by Section 287.012(23), Florida Statutes, as may be amended and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO 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. 16 Page 1022 of 1106 LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s)shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This bid may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same price(s) and the same effective period as this bid. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re-bid any or all items. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same Contract price, and for the same effective period as this bid, to the PALM BEACH COUNTY SCHOOL BOARD. 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 cant'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. 17 Page 1023 of 1106 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. 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 UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidders 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. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 18 Page 1024 of 1106 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. 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: 19 Page 1025 of 1106 JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any que-stions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to flyse Triestman, Purchaalp-cL Manager, Monday through Fri at (561) 742-63202. E-mail trijestmani Abbfi.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 20 Page 1026 of 1106 Attachment"A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases, and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co.of`B+"or higher.(NOTE.- An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc., and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LI-MITLU-QUIRED 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 m---- Automobile Liability -^ --, ------------ a__------ -- Combined Single Limit ,a, $ 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 ___-_ - 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 -______________W -_-_-_-_-_-_-_-_--__-_–__- Each Occurrenceto be determined Umbrella Form Aggregate to be determined ----------–-----------------------._---------------------------------._.---------- Worker's Compensation StatutoryLimits 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 ------------------....-_................. ____-........---.............. INSURANCEADVISORYFORM 21 Page 1027 of 1106 BIDDER Submit Bids To: PURCHASING SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: "FURNISH, DELIVER AND DISCHARGEL I " Bid Number: 002-2821-1811T Bid Due: NOVEMBER 28, 2017, 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 Vendor: Lhoist North America of Alabama,LLC Federal I.D. Number: 63-1002780 A Corporation of the State of. AL Area Code: 863 Telephone Number: 644-9010 Area Code: 863 FAX Number: 644-6030 Mailing Address: 1479 Town Center Drive, Suite 22 CitylStatelZip: Lakeland, FL 33803 Vendor Mailing Date: 11/21/2017 E-Mail Address: dalejames@lhoist.com t ori i tur J. Dale James Name Type THIS PAGE TO BE SUBMITTED ! PACKAGE TO BE CONSIDEREDPL CCE ALE 22 Page 1028 of 1106 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.0.Box 310 Boynton Beach Florida 33425-0310 Telephone: (561)742-5310 FAX: (561)742-6316 ADDENDUM . 1 DATE: November 9, 2017 BID TITLE: Furnish, Deliver and Discharge Bulk Quicklime BID NO.: 002-2821-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. 1. The bid opening date remains unchanged and is November 28, 2017 at 2:30 PM. 2. The scope of the bid is revised to include the City of Riviera Beach's usage. 3. Page 4, Cooperative Purchasing, is revised to include delivery and contact information for the City of Riviera Beach as follows: AGENCY DELIVERY ADDRESS CONTACT PHONE City yn n East Water Treatment Plant Taralyn Pratt, ( 1) 742-6447 124 E. WoolbrightContract Boynton ch, FIL 33435 1 Coordinator City f Lake Lake Worth Waterla iSloan, 1 586-1636 Worth1 College StreetWater Plant La ke Worth, FL 33460 Manager Cily of Riviera lir Treatment r Plant;Beach I rPlant Riviera sup2rjfl�� 1 Page 1029 of 1106 4. Special Conditions, Paragraph 26 Location of Deliveries, is revised as follows: GOVERNMENTAL UNIT ESTIMATED ANNUAL DELIVERY LOCATION QUANTITY it of Boynton Beach 1620 S. Seacrest Blv—d. 124 E. Woolbright Road Boynton Beach, FIL 33435 Boynton Beach, FL 33435 1,500 TONS No loads before 7:00 A.M. Special Monday thru Friday. Requirements: Saturday if needed. 301 S. College Street Lake City of Lake Worth 550 TONS Worth, FL 33460 301 College Street Special Delivery Time—Monday Lake Worth, FL 33460 Requirement: thru Friday 7:00 A.M. to 3:00 P.m. gity of Riviera Beach 800 W. Blue Heron Blvd. 800 W. Blue Heron Blvd. 1,268 TONS Riviera L 33404 Riviera Beach, FL 33404 Dellve!y 11me—MondU thry Friday, 8:00 A.M. to 4:00 P.M. ESTIMATED AGGREGATE TOTAL: g&§q 3j,318 TONS 5. The Bid Form is revised and replaced in its entirety with a revised bid for attached herewith. Sincerely, Tim W. Howard Assistant City Manager-Administration Director of Financial Services cc: Finance/Procurement 2 Page 1030 of 1106 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX.• (561)742-6316 . 'I FURNISH, DELIVER AND DISCHARGELQUICKLIME BID No.: 002-2821-1 /IT RESPONDENT MUST SIGN, DATE AND INCLUDE r OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED . J. Dale James PRINTiOPREPRESENTATIVE _Lhoist North America of Alabama, LLC 11/20/17 COMPANYNAME OF DATE 3 Page 1031 of 1106 BID FORM - REVISED PER ADDENDUM I BID NO. 002-2821-18/IT BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO FURNISH, DELIVER AND DISCHARGE QUICKLIME To All Bidders: 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 proposal sheet for each. Basis of Award: The award will be made to the lowest responsive and responsible bidder by total annual price. The undersigned proposes to furnish, deliver and discharge the quicklime in a000rdanoe with the specifications for the sum of- NAME F CITV ESTIMATED BASE FREIGHT RATE FREIGHTT ANNUAL PRICE PER PER TON PER TON TOTAL QUANTITY IN TON RAIL TRUCK TONS City Beach 1,500 284.92 Included in 14.15 299.07 City Worth 550 284.92 Included in 14.15 299.07 Cilly of Riviera Beach J.,268 284.92 included i 15.91 300.83 TOTAL ANNUAL PRICE: 994.545.94 TOTAL TWO-YEAR PRICE: 989,091.88 Lhoist North America of Alabama, LLC COMPANYNAME SoilkffRIE J. Dale James 314-614-4950 PRINTEDN I OFFICIAL TELEPHONE Sales ger (863 ) 644-9030 dale j es{alhoist.co IL E-MAIL ADDRESS Page 1032 of 1106 NON COLLUSION AFFIDAVIT I State of FL ) County olk ) J. Dale James being first duly sworn, deposes and says that: 1) He is s Manaver of_LhoLg-North AmQrica of AlabarnaUC (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)_Sales Manuager This 20 day of Nov. , 20 17 My commission expires EUIZABETH HART r iic- 6► i fission j GG 121639 My Comm.Noes Sep 17,1021 OF THIS PAGE TO BE SUBMITTED FOR BID CONSIDEREDTO BE LETE AND ACCEPTABLE 24 Page 1033 of 1106 ANTI-KICKBACK 1 IT STATE OF FLORIDA } 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: J_ 5;���2L SIGNATU60 Sworn and subscribed before me this 20 day of Nov. ,20 17 Printed Information: J. Dale James NAME Sales Mpager ITL LI to of Florida at Large Lhoist North America of Alabama, LLC Mao COMPANY ;,•°�; :- N EMUNTHANNEHARTtaryFublk-5tateofFlorEdaCommission GG 121639 m.Expires Sep 17,2021deddrcuurhhateaalNotaryAssn. " FICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMrrTED FOR BID TO BE CONSIDERED LT ACCEPTABLE Page 1034 of 1106 CONFIRMATION 1 IBUSINESS 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 OwnedBusiness? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing r i i n for Certification Date of Certification THIS PAGE TO BE SUBMITTEDI TO BE CONSIDEREDCOMPLETE AND ACC L Page 1035 of 1106 CONFIRMATION 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. 14��'K Vnr' it 27 THIS PAGE TO BE SUBMITTED I PACKAGE TO BE CONSIDEREDC LT ACCEPTABLE Page 1036 of 1106 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. Lhoist North America of Alabama, LLC CONTRACTOR NAME Title: Sales Manager Date: 11/20/2017 THIS PAGE TO BE SUBMITTED FOR BIDPACKAGE TO BE CONSIDERED COMPLETE ACCEPTABLE 28 Page 1037 of 1106 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, X/A 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 each, 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 F] Year Established: Active: Verified by: Date: 29 Page 1038 of 1106 ACC>R CERTIFICATE OF LIABILITY INSURANCE 16� SATE$ ;f7 IS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I 7S UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE FI ATI LY OR NEGATIVELYe EXTEND OR ALTERAFFORDED Y THE POLICIES BELOK THIS CERTIFICATEFINSURANCE T CONSTITUTE A CONTRACT BETWEEN THE ISSUING IIS (S), AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE TIFF T HOLDER. IMPORTANT., If tho cortificalatr is EKY ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisionsr be endorsed. If SUBROGATiON 13 WAIVED,subject to The,terms and conditions a@ airy policies mire n ement, statement thisn � fer to the rt holder In Neu such end ar ret s. PRODUCER Ee Marsh USA,lance PHONEFa 4400 Cornedw Bank Tovar FNW 1717 Main tL DE1411,TX 76201-73557 ADD Aln: c. ash. 065)966 IMMEPA%AFFORDINGCOVEPAGE KAIC 4191= -171119 I A*ACE Afnestan nawance LoMpy 122667 INSUREDOctal Monn America,Inc. INSURER 0a MIA I id1A D Box 98M INSURER C r ACE Fie Un Isey__:23752 Fe Waft TX 76M ResunseRo.Aafi Genwal Inswarce 42757 INSURER E,NIA HBA �2 IN RER F C CERTIFICATE ® REVISION NUMBER: 2 IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIST BELOW HAVE BEEN ISSUED TO THE MURED NAMED ABOVE FOR THE POLICY PER 66 — INDICATED. T TANDI C ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOMMENT WITHRESPECT TO VMICH THIS CERTIFICATE IAAF BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBES HEi2 IN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS SUCH POLICIE&LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 5 INSURANCE POLICY CPR P I POLICY LIMITS iL T I COMMERCIAL GENEMLIA90.111Y HOO G27870284 i}2018 1011012018 HO E LIN0,000 CLAI x '.OCCUR w � Ear IkEl�our�4-oce1 MEET EXP y ome parsonj 5 58000 PERSONAL&ADV IEJURY 1° 00,59 D AGGREGATE l ITLIES PER FIS TE $ 1a POLICY JEST _..-;LOG WTS-COMFMPASO3, E A AUTOMOBILE LIABILITY ISA 1 7 100617 1 1,20111 COMINN 0 sr L LI 3, x ANYAUTO BODILY IMURY J ) OWTOE Y TOS SCHEDULEC BODILY t demo AUTOSDAMAGE ONLY OS Y NON-OWNEDHIRED T UMDRILLALIAB OCCUR EACHOCCURRENCEI$ EXCESSLIAB S• ELATE I7 RETENTION RS C EN ATION 414 7 ) 10401 18 x C AND PL IL Y t N SCF C di 25 ) 100112017 S 112010 TATUTE ER 1®0 NIETO et. _.. I 5 am {OFFICE EMBEREXCL ? H00 N►A 150 10101017 10101 t6 1 # E.L.SIS E- EPL�Y 1. .a ;r er SCHIPTI N desalbeOFOPERATIONS berow rEEL.MSFASE-POLEYLIMIT S to ESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES IACDAe 101I.AddWomdRemarks Schmdul&maybe d9achaddInwe Space R air CERTIFICATE L CANCELLATION CITY OF BOYNTON BEACH SHOULD F THE ABOVE DESCR40EDPOLICIES BE CANCELLED BEFORE 100 E BOYNTON BEACH BLVD THE I TION DATE THEREOF, NOTICE WILL BE DELIVERED I BOYNTON BEACH.FL 33435 ACCORDANCE WITH THE POLICY PROVISIONS. AUTMOM2EDREPREWWrATIVE O4 Marsh USA Inc. Manashl Mukhely 1938-2016 ACORD CORPORATi . All rights reserved. ACORD 25( 3) The ACORD name and logo are registeredr of ACORD Page 1039 of 1106 AGENCY CUSTOMER ID.- 344191 LOC . -5a 39 0 117 AC40R& ADDITIONAL REMARKS SCHEDULE Page 2 of—2 AGENCY NAMED INSURED Won USA,hr– LNLythAwdea Irz. PO ON 98M POUCY'NUMBER Ft.WOO TX 76185 CARRIER NAIC FEFFECTW9 DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 13 A SCHEDULE TO ACORD FORM, FORM NUMBER: __15 FORM TITLE, Cerfificate of Liabiffly Insurance LhoW Noft kneka Inc„and Its subskilmles. LboW WE Anwfta,inp.pomolly Clamical Lino Company) ChandcollhugowlCo,hr. Ung Nodh AmKica d Team LW. L NOM Anoka d Mbama,LLC LNW NwM Anwica d Nb%wk Inc. 1-hobt Hann Ameft of Aram,lot 38th A=rVa of Wqvia,W. Lholig Nodh Attaks d Tennessee,lat. Rankin Ind heal Maerals i1cwmally Ran&Lheskmw Co) N.C.spinks Clay Cunpany,W. Add Gas SWuNne LLC ACORD 101(2008101) 0 2008 ACORD CORPORATION. 11h reserved. The ACORD name and to are registered marits of ACORD Page 1040 of 1106 8.A. PUBLIC HEARING 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC (Tabled at the March 19, 2019 Commission Meeting) (Applicant requests fabling continues to May 7th meeting.)(Applicant requests tabling continues to May 21st meeting.) EXPLANATION OF REQUEST: The 0.77-acre subject property consist of two parcels, both currently vacant. The applicant is requesting Conditional Use and Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through, and related site improvements. The drive-through portion of the proposed use requires Conditional Use approval at the proposed location. The fast food restaurant is generally compatible with the remainder of the commercial uses on the corridor and with the surrounding residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. The drive-through facility is located completely behind the restaurant structure and is not visible from South Federal Highway. The building's design is typical of most commercial structures with a mix of painted split face CMU block and textured stucco finish, with the fagade above the two entrances covered in a contrasting surface material called alumawood, which contributes to the overall focal points of the project entrances. The building has a flat roof with a parapet and a combination of earth tone and branded colors. Staff recommends approval subject to including all conditions of approval. The Planning and Development Board reviewed the item at the February 26, 2019 meeting and did not recommend approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Fiscal impact of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: Page 1041 of 1106 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Taco Bell Staff Report D Location Map Exhibit A® Location Map D Letter Exhibit B ® Justification Letter D Drawings Exhibit C ® Project Plans D Attachment Exhibit D ® Conditions of Approval D Addendum Exhibit E ® Development Order D Letter PBC Letter Page 1042 of 1106 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-007 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, AICP* Principal Planner DATE: February, 19 2019 PROJECT NAME: Taco Bell Restaurant COUS 18-005/ MSPM 18-007 REQUEST- Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. PROJECT DESCRIPTION Applicant: Raymond Funk, Coastal QSR, LLC Property Owner: Knuckles, LLC Agent: Craig L. Cornelison, Cornelison Engineering & Design Location: Northwest corner of South Federal Highway and SE 23rd Avenue (See Exhibit A— Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC)/ C-3 Community Commercial Proposed Uses: Fast food restaurant with drive-through facility Acreage: 0.77 Page 1043 of 1106 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 2 Adjacent Uses: North: Developed multifamily property, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right of way of SE 23rd Avenue; further south, developed commercial property, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial, (Sunoco gas station); East: Right-of-way of South Federal Highway; farther east, developed multifamily property, classified Special High Density Residential (SHDR) and zoned R-3, Multifamily; and West: Undeveloped commercial property, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The 0.77-acre subject property consist of two parcels, both currently vacant. The applicant is requesting Conditional Use approval associated with a request for Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through, and related site improvements. The drive-through portion of the proposed use requires Conditional Use approval at the proposed location. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit B—Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Page 1044 of 1106 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 3 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property currently has one primary point of ingress and egress; the driveway is located on the SE 23rd Avenue near the west property line in order to maximize the distance between the entry point and the existing intersection. The proposed access provides adequate ingress and egress to the property for automobiles, pedestrians, and emergency/service vehicles. The proposed driveway is required to maintain an ingress/egress easement and will be shared with the property to the immediate west (see Exhibit D — Conditions of Approval). In addition, adequate pedestrian access will be accomplished by expanding the existing sidewalk on South Federal Highway to eight (8) feet in width and creating a connection from the proposed building, which also connects to an existing five (5) foot sidewalk along the south side of the project site. A traffic study was preformed by Traffic Planning & Design, Inc. for the applicant. The study indicates that the proposed use will generate 449 new net trips per day and 31 new P.M. peak hour trips. Approval from the county is required prior to permit issuance (see Exhibit D —Conditions of Approval). 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum parking required for a restaurant is calculated at one (1) parking space per 2.5 seats or one (1) parking space per 100 square feet, whichever is greater. The use proposes 42 seats, which would require 19 parking spaces. Since the building has 1,927 square feet, 20 parking spaces are required. The site plan depicts 20 parking spaces immediately behind (to the west) of the building, one of which is a handicap parking space. The design of the parking areas is sensitive to the neighboring properties and is designed to include perimeter landscaping. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster is proposed at the south west corner of the property, setback approximately 10 feet from the south property line. The refuse area is screened by both the six (6) foot wall and landscaping. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. A 30 foot by 30 foot public easement is required for the relocated pump station adjacent to the west property line and SE 231 Avenue. An additional 10 foot public easement is required along the length of the south property line. The applicant will be required to construct two (2) manholes, one (1) at the western end of the easement and one (1) at the eastern end, the easement must also include 2" PVC sewer pipe and 8" gravity line each stubbed out and capped to the City's specifications. A developer agreement for Page 1045 of 1106 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 4 the necessary utility improvements must be executed prior to permit issuance (see Exhibit D - Conditions of Approval). 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The drive-through facility is located completely behind the restaurant structure and is not visible from South Federal Highway. Projects proposed in the Federal Highway District in the Community Redevelopment Area are subject to the "Pedestrian Zone" portion of the Land Development Regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the streetscape design concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees, lighting, and locating the building along South Federal Highway to address the public right-of way. The site plan depicts 34 palm trees and 22 trees throughout the property. As the City requires the planting of trees every 25 feet on-center along vehicular use areas, the applicant shall revise the landscape plan at time of permit submittal to depict a tree every 25 feet on-center along the north side of the drive-through. Palm species include, Sabal, Royal, and Alexander. Tree species include Black Olive, Densa Pine, Green Buttonwood, Glaucous Cassia and Orange Geiger. Trees will be provided ranging in overall height from 12 feet to 21 feet; shrubs and hedges provided will range from 10 inches to 36 inches in height. The plant material chosen will be native and/or drought-tolerant. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The project proposes the installation of five (5) new light poles. In an effort to minimize glare and impact on surrounding properties, the light fixtures will be full cutoff design, and the light levels are depicted to be below the code maximum of 5.9 foot-candles. The light poles will have an overall height of 20 feet. Relative to signage for the project, the applicant is currently depicting two (2) wall signs, however signage has not been fully designed, therefore staff recommends conditions of approval that require staff review and approval of sign design prior to permitting (see Exhibit "D" —Conditions of Approval). 7. Required setbacks and other open spaces. The proposed restaurant meets the minimum setback requirements of the C-3 zoning district within the Urban Commercial District Overlay Zone. The overlay district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting South Federal Highway. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along South Federal Highway, the proposed building is setback 13 and Page 1046 of 1106 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 5 one-half feet; along SE 23rd Avenue, the building is setback 32.45 feet. The building is set back 41.21 feet from the north property line and approximately 190 feet from the west property line (see Exhibit D —Conditions of Approval). 8. General compatibility with adjacent properties, and other property in the zoning district. The fast food restaurant is generally compatible with the remainder of the commercial uses on the corridor and with the surrounding residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. The building's design is typical of most commercial structures with a mix of painted split face CMU block, textured stucco finish and alumawood focal point. The building has a flat roof with a parapet and a combination of earthtone and branded colors. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The building is designed as a one-story structure, with the parapet wall at a height of 22 feet and two (2) inches, which is compatible with the structures on neighboring properties, and under the maximum allowable height of 45' in the C-3 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. It is a local convenience as intended by LRC future land use designation. Coffee, breakfast, lunch, and snacks are staples for neighborhood businesses and residents. Additionally, it is creating employment opportunities for the residential communities. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. All restaurant activities take place entirely within the fully enclosed building. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall Page 1047 of 1106 Taco Bell Restaurant COUS 18-005/MSPM 18-007 Page 6 be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this project because the proposed use is neither a bar, nightclub, nor similar establishments. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\Taco Bell\StaffReport\StaffReport-COUS18-005 MSPM18-007.doc Page 1048 of 1106 EXHIBIT A LOCATION MAP IF { } tet kk k i� r q E S E 23 rc1 Awe y sr, ' s i t 0 15 30 60 90 Feet Page 1049 of 1106 LOIRNELISON EXHIBIT B C' ED- ENGINEERING & 38039 Old 5cn Avenue „` "" DESIGN, INC. Zephyrhills,FL 33542 Tel.(813)788-7835 Fax.(813)788-7062 June 14, 2018 www.cornelison-eng.com City of Boynton Beach Planning &Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Tel. (561) 742-6260 RE: Letter of Justification Taco Bell, 2319 S. Federal Highway, Boynton Beach Parcel ID No. 08-43-45-33-06-000-0010 (portion of) To Whom It May Concern: This Letter of Justification is to request Conditional Use approval for the construction of a 1,918 SF Taco Bell restaurant with drive-thru and related site infrastructure.We believe this request is consistent with other fast-food restaurants permitted in nearby areas of the City and is also consistent with the City of Boynton Beach's Land Development Regulations (Chapter 3, Article IV, Section 4). Below are the standards used to evaluate a Conditional Use Application: 1. Ingress and egress to the subject property and proposed structures thereon,with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site will be accessed via a proposed driveway to/from SW 23rd Avenue along the left(west)property line, which will provide adequate ingress and egress to the property for automobiles, pedestrians, and emergency/service vehicles and/or staff. The proposed driveway will be shared with the property to the immediate west of the entrance. In addition, adequate pedestrian access will be accomplished by a sidewalk connection to be constructed from the proposed building to the existing sidewalk along the front of the site(along S. Federal Highway), which also connects to the existing sidewalk along the south side of the project site, along SE 23rd Avenue. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Adequate off-street parking will be provided for the proposed project; the parking spaces shown on the proposed site plan exceed the spaces required. The design of the proposed use will incorporate elements to minimize any noise, glare, economic, and/or odor effects on adjacent and nearby properties and the City as a whole. Landscaping will be placed along the perimeter of the site to further screen, buffer, and mitigate the facility from having any impact on adjacent properties. Site deliveries will be made when the restaurant is closed to not interfere with restaurant operations. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above. A dumpster with enclosure will be situated on the site with adequate access for refuse trucks to service the project per the City's requirements. 4. Utilities, with reference to locations, availability, and compatibility. There are existing utilities near or adjacent to the site, which will provide adequate access to water, sewer, electric, and phone service. Existing electric lines and a fiber-optic vault are to the east of the property along S. Federal Highway; an existing water meter is near the southeast corner of the site; and there is an existing City lift station adjacent to the south property line along SE 23rd Avenue. These utilities are compatible with other existing services in the area and adjacent properties. Page 1050 of 1106 CORNELISON ENGINEERING& DESIGN,INC. City of Boynton Beach, Conditional Use Justification June 14,2018, Page 2 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Screening, buffering, and landscaping will be designed in accordance with City standards. Trees, shrubs, and hedges will be utilized to incorporate the general characteristics of the proposed use, the surrounding areas, and similar uses in the City. Various types of trees will be provided ranging in overall height from 12'to 21';shrubs and hedges provided will range from 10"to 36"in height. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The signage and proposed exterior lighting will be compatible and in harmony with adjacent and nearby properties and will be placed in such as manner as to avoid glare and prevent safety hazards for traffic. 7. Required setbacks and other open spaces. The proposed use will be positioned on the property to meet all applicable setbacks and open space requirements. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed use is compatible with the adjacent properties and other property in the zoning district. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the City as a whole. There will be a one-story, 22'building on the property, which is compliant with City standards, as well as compatible and in harmony to adjacent and nearby properties and other fast-food restaurants in the City. 10. Economic effects on adjacent and nearby properties, and the City as a whole. The proposed use will not hinder the development or economic stability of nearby properties or the City as a whole. As a new development, the proposed project will have a positive effect on the area and increasing the value of surrounding properties. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan. Not applicable (proposed site is zoned C-3). 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. The proposed use will be designed in compliance with the operational performance standards referenced above. There will be minimal pollution and noise as there is with any construction;the noise will not exceed the City's noise ordinance. Construction times will be the same as all other general construction projects (typically 7:00 am to 4:00 pm, Monday-Friday). If you should have any questions, please do not hesitate to contact me. 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I - GA-19 AV' I 4 l— "^P'NVId—HI ° A.D f£Z d I -F,a 6-0,\ ��+�� EXHIBIT D Conditions of Approval Project Name: Taco Bell Restaurant File number: COUS 18-005/ MSPM 18-007 Reference: 31d review plans identified as a Maior Site Plan Modification with a February 13, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. 1. Provide a 30 foot by 30 foot public utilities easement for pump station X located adjacent to SE 231d Avenue on the east side of the west property line. The easement shall be located directly west of the joint driveway serving this development and the future development on the western portion of the site. The easement is to be recorded at the county prior to permit issuance. 2. Provide a ten (10) foot public utilities easement along SE 231d X Avenue and a ten (10) foot public utilities easement along Federal Highway. The easement is to be recorded at the county prior to permit issuance. 3. A Developers Agreement addressing the construction of the pump X station is to be completed prior to permit issuance. 4. The joint use driveway shall be adjusted to the west to align with the X centerline of Coastal Bay Blvd. 5. Additional comments may be provided at time of permitting based on X the conditions of approval. 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: None. Page 1061 of 1106 Taco Bell Restaurant(COOS 18-005/MSPM 18-007) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. A cross-access easement is required to maintain access to the X remaining parcels to the west. 7. On Sheet C04, there are improvements depicted within the utility X easement along the north side of the property. Please provide written authorization for the encroachment, seek and receive abandonment approval, or remove encroachment. 8. Increase the height of the shrubs planted on the east and south of X the building to a four foot minimum, to offset the height of the finished floor and ramps. 9. Provide Palm Beach County Engineering approval of the proposed X project to ensure they will not require a corner clip or additional right- of-way. If additional corner clip or right-of-way is required by the County at time of permitting, it may require a Major Site Plan Modification which requires additional public hearings. 10. Revise cool white lighting to warm white. X 11. Although review of signs for compliance with codes will be conducted X at time of permit submittal, please be aware the logos (such as the "bell") placed on building facades are limited to 20% of the individual worded sign it is associated with, or a maximum of 9 square feet. 12. Landscaping around the dumpster enclosure shall be planted at a X minimum of one-half the height of the enclosure. 13. If the Conditional Use for a drive-thru is approved, per the Community X Design Standards for drive-through facilities, the building fagade on which the drive-through window is located shall have windows that occupy no less than 25% fagade, located at pedestrian level. A maximum of 10% of this 25% may be non-transparent. Provide dimensions and show calculations. 14. This project is subject to the public art program. Submit an X application and coordinate with the City's Public Art Manager. 15. A unity of title will be required for the remaining three parcels to the X west. 16. Revise the landscape plan to depict the 25 trees on-center along all X vehicular use areas at time of permit submittal. Page 1062 of 1106 Taco Bell Restaurant(COOS 18-005/MSPM 18-007) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT 17. Clearly dimension the setback of the building from each property line X to the closest point of the building. 18. Sanitary sewer lines shall be placed underneath the sidewalk to X maximize the landscaping types allowed in the east and south perimeter landscape buffers. No trees are permitted to be planted within 5' of any utility line. The site plan may require revisions to provide the required landscaping along SE 23rd Avenue and install the required forcemain within the required 10' easement. 19. Additional comments may be rendered at time of permitting. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. 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\Taco Bell\Exhibit D-COUS18-05 MSPM18-007 COA-CC5.14.doc Page 1063 of 1106 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Taco Bell Restaurant (COUS 18-005/ MSPM 18-007) APPLICANT: Raymond Funk, Coastal QSR, LLC APPLICANT'S ADDRESS: 1340 Hamlet Avenue, Clearwater, FL 33756 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 19, 2019 APPROVAL SOUGHT: Request Conditional Use and Major Site Plan Modification approval for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Northwest corner of South Federal Highway and SE 231d Avenue 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\Taco Be11\StaffReport\MSPMP18-007_DO.doc Page 1064 of 1106 C$C May 10, 2019 a � ORI Mr. Ed Breese Director of Planning&Zoning Department of Development Department of Engineering City of Boynton Beach and Public Works P.O. Box 310 P.O.Box 21229 Boynton Beach,FL 33425-0310 West Palm Beach,FL 33416-1229 (561)684-4000 RE: Taco Bell-2319 S Federal Hwy FAX:(561)684-4050 Project#: 190216 www.pbcgov.com Traffic Performance Standards Review Dear Mr. Breese: The Palm Beach County Traffic Division has reviewed the Taco Bell - 2319 S Federal Hwy Traffic Impact Statement, revised May 6, 2019, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Unified Palm Beach County Board of County Land Development Code(ULDC). The project is summarized as follows: Commissioners Municipality: City of Boynton Beach Mack Bernard,Mayor Location: NWC of SE 23'Ave and US 1 Dave Kerner,Vice Mayor PCN: 08-43-45-33-06-000-0010 Access: Full access driveway connection onto SE 23rd Ave Hal R.Valeche (existing proposed, not necessarily( g or p p y implies approval Gregg K.Weiss by County through this TPS letter, see later) Existing Uses: Vacant Robert S.Weinroth Proposed Uses: Fast Food Restaurant w/DT= 1,908 SF Mary Lou Berger New Daily Trips: 449 New Peak Hour Trips: 38 (19/19)AM; 31(16/15)PM Melissa McKinlay Build-out: December 31, 2020 Based on our review, the Traffic Division has determined the proposed development meets the Traffic Performance Standards of Palm Beach County. County Administrator ' Please note the receipt of a Traffic Performance Standards (TPS) approval letter Verdenia C.Baker does not constitute the review and issuance of a Palm Beach County Right-of- Way (R/W) Construction Permit nor does it eliminate any requirements that may be deemed as site related. For work within Palm Beach County R/W, a detailed review of the project will be provided upon submittal for a R/W permit application. The project is required to comply with all Palm Beach County standards and may include R/W dedication. i "An Equal Opportunity Affirmative Action Employer" CU printed on sustainable and recycled paper Page 1065 of 1106 Mr. Ed Breese ACII C May 10, 2019 ®G Page 2 2 No building permits are to be issued by the City after the build-out date specified I above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. The approval letter shall be valid no longer than one y ear fromdate of issuance unless_an application for a Site Specific Develoiment_Order has been approved, an application for a Site Specific Development Order has been submitted, or the approval letter has been suaerseded by another aplsroval_ letter for the same ro e If you have any questions regarding this determination, please contact me at 561- 684-4030 or email QBari(u�nbc og vorg. Sincerely, Quazi Bari,P.E. Senior Professional Engineer Traffic Division QB:HA:gg cc: Turgut Dervish,PE,Traffic Planning and Design,Inc. Hanane Akif,E.I.,Project Coordinator II,Traffic Division Steve Bohovsky,Technical Assistant 111,Traffic Division File: General-TPS-Mun-Traffic Study Review F:\TRAFFIC\HA\MUNICIPALITIES\APPROVALS\2019\190216-TACO BELL- 2319 S FEDERAL HWY.DOCX Page 1066 of 1106 11.A. NEW BUSINESS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Mayor Grant has requested to discuss the Commission expense allocation stipend. Below is the current information concerning the Commission's compensation. EXPLANATION OF REQUEST: The Commission compensation is comprised of two items: Salary which is outlined in the City Charter and is adjusted annually in April by the increase in the consumer price index. Currently (as of 4/1/19) the salary amounts are: Mayor $23,823 annually Commissioners $19,853 annually The other component of the Commissions compensation is an expense allocation, set by a resolution of the City Commission to cover expenses incurred in the performance of their official duties. The last change in the annual expense allocation was in 2010. Currently as per R16-135 the expense allocations are: Mayor $7,117, payable in monthly installments of$593.08 Commissioners $6,582, payable in monthly installments of$548.50 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 1067 of 1106 Page 1068 of 1106 11.B. NEW BUSINESS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Authorize Commissioner Romelus to attend Sister Cities International Conference in Houston, TX, July 17-19, 2019. EXPLANATION OF REQUEST: Commissioner Romelus has requested to attend the Sister Cities International conference in Houston, TX. Commissioner has offered to pay for her airfare and is requesting that the City pay her registration, hotel, food. Conference overview and agenda is attached, topics include: • Africa Symposium and US-China Mayors' Summit • Special sessions on Africa, China, Mexico, Japan and Germany • Citi8es highlighting strong NxtGen and Woman Entrepreneurship • Partnership models with global organizations like Rotary International, CLAIR, National League of Cities, UNICEF • Fast-track and How-to sessions on Business of Sports, Arts and Culture, Unique Port Cities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Funds are budgeted for Commission travel under account 001-1110-511-40-12. Funds available $11,800. Estimated cost: Registration $575 Hotel $460 Food, etc $150 Estimated Total $1,185 ALTERNATIVES: Do not approve travel. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 1069 of 1106 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Conference Overview D Attachment Conference Agenda D Attachment Commission Travel Policy Page 1070 of 1106 ws.Sister Cities International 4CITIES BUSINESS �- �. 2019 Conference Overview The Sister Cities International (SCI) Conference, held in Houston this year July 17-19,will be SCI's most international, most action-oriented, and most networking-focused conference ever. Topics include: - All day Wednesday Africa Symposium and US-China Mayors' Summit - Active participation from mayors from around the world with special sessions on Africa, China, Mexico,Japan and Germany - Cities highlighting strong NxtGen and Woman Entrepreneurship - Emerging Issues such as Innovation Through Adversity, Resilience and Disinformation - Partnership models with global organizations like Rotary International, CLAIR, National League of Cities, UNICEF - Fast-track and How-to sessions on Business of Sports,Arts and Culture, Unique Port Cities "Cities Mean Business" reflects Sister Cities' mission:To be the Global Resource for International Cities. Sister Cities International will: 1. Recharge our network and partners with exciting, successful programs 2. Outline networking paths that ROCK our 700+ attendees 3. Cultivate Global Citizenship among NxtGen and Young Professionals 4. Kick off the strategies that start business opportunities This conference is committed to using minority/woman-owned businesses as vendors For more information, visit our conference page at https:JJsistercities.orJannual-conference-2019. Staff Contact: Leletha Marshall, Director of Events and Advancement Imarshall@sistercities.org 202-347-8637 Page 1071 of 1106 It h Sister Cit'c Intcrnatiocal 1 CITIES EA S II ESS S Sister Cities National Conference Houston, Texas July 17-19, 2019 "Cities Mean Business" correlates with SCI Mission: to be the Global Resource for International Cities. This conference will: • Help SCI relationships spark business opportunities • Provide practical networking and collaboration tools • Integrate Global Citizenship with NxtGen and Young Professionals • Model success in Africa, China, Germany, Japan and Mexico Attendance Goal: 700 Wednesday, July 17 7:30am Registration 8:00am Africa Regional Forum Begins (offsite, All Day) 8:00am US-China Mayors' Summit Begins (All Day) 6:00pm Global Leaders Circle and VIP Reception Optional City and Attraction Tours Organized by 3'Party Thursday, July 18 7:30am Registration and Continental Breakfast 9:00am Opening Flag Ceremony 11:00am Annual Board Meeting and Election of Officers 12:OOpm Lunch Page 1072 of 1106 Tracks Begin 1) Business and Diplomacy 2) Culture is Business 3) Unique Cities 1:30pm (T1) Online Gaming (T2) Music Diplomacy (T3) Port/Coastal City 2:30pm (T1) Sports Diplomacy (T2) The Business of Art (Dance/Folk/Digital) (T3) Dynamic Cities 3:30pm (T1) Innovation Through Adversity/Resilience (T2) Disinformation (T3) Women Mean Business 5:30pm Mayor's City Welcome Reception (offsite) Friday, July 19 7:30am Registration and Breakfast 8:00am Diplomatic Briefings (Plenary) 9:00am Global Awareness Tea Regional Presentations Tracks Begin 1) Sister Cities How-To's 2) Mayors How-To's 3) Partnership How-To's 10:45am (T1) Fast Tracks (T2) Compassionate Cities (T3) Partnerships 12:00pm Lunch (Keynote: Assistant Secretary of State for Educational and Cultural Affairs, Marie Royce) 1:00pm (T1) Human Trafficking in MY Town? (T2) New NLC Partnerships (T3) Working with Rotary, National Guard Page 1073 of 1106 2:00pm (T1) Risk/Reward of SCI Partnerships 2:30pm US-Mexico Mini Summit (to 5:30pm) 2:30pm US-Germany Mini Summit (to 5:30pm) 3:00pm (T1) Working with Your Consulate 3:00pm (T1) Youth Leadership Summit Final Simulation 6:00pm Conference Cocktail Reception 7:00pm Annual Awards Dinner and Gala Saturday, July 20 9:00am Board of Directors Meeting Page 1074 of 1106 1 1 1 RESOLUTION NO. R 07- 15� 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 ESTABLISHING A TRAVEL POLICY; RESCINDING 6 ALL PREVIOUS RESOLUTIONS AND POLICIES 7 GOVERNING TRAVEL BY THE CITY COMMISSION; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach desires to establish 11 a travel policy to provide for an administrative process by which each member of the 12 Commission would obtain concurrence of a majority of the members of the City Commission 13 for approval of travel expenditures; and 14 WHEREAS, passage of this Resolution will rescind all previous Resolutions and 15 policies governing travel by the City Commission; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 18 Section 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission 20 Section 2. That the City Commission of the City of Boynton Beach does hereby 21 establish a Travel Policy, a copy of which is attached hereto as Exhibit"A". 22 Section 3. That any and all previous Resolutions and/or Policies governing travel 23 are rescinded. 24 Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 1075 of 110 it 1 PASSED AND ADOPTED this 18 day of December, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 or—Je aylo 7 8 !, 9 Vice M r—J odli ez 10 11 • 12 Commis'�sioner—Ronald Wei an 13 14 c 15 Commissioner—Woo . Hay 167 18 Commissioner—Marlene Ross 19 ATTEST: 20 21 p � . 22 ol 23 Jaiiph M. Prainito, CMC 24 y Clerk 25 26 27 28 (C Sear 29 30 SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 1076 of 110 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1 . Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 1077 of 1106 City of Boynton Beach City Commission Gt�IVFE�t���E=�&°�'�tA1����F�ECt' ��►T Date of Request: 2008 City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: Date NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 1078 of 1106 12.A. LEGAL 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-016 - SECOND READING -Approve amending Part 2 of the City of Boynton Beach Code of Ordinances, Chapter 16, Section 16-18 adding a definition of mooring and Section 16-60 Establishing hours of use at Harvey E. Oyer, Jr. Park., Item (d) to clarify non-permitted use. EXPLANATION OF REQUEST: Item (d) currently specifies that the Oyer Park shall not be used for storage of any kind, including but not limited to storage of vessels, vehicles and trailers. The Recreation & Parks Department recommends amending the ordinance by adding the word "mooring" so as to provide better clarity as to what is not permitted. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Although this as not been a major problem, on occasion, boats are left along the water's edge at the Park for several hours. This can become problematic if a boat becomes loose and enters into the channel feeding in and out of the boat ramps, which can become very busy. FISCAL IMPACT: Non-budgeted No impact. ALTERNATIVES: Do not approve the change. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1079 of 1106 ATTACHMENTS: Type Description Ordinance clarifying that mooring of boats is not D Ordinance permitted at Harvey Oyer Jr Park Page 1080 of 1106 1 2 ORDINANCE NO. 19- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART II, CODE OF ORDINANCES, CHAPTER 16, 6 "PARKS AND RECREATION", ARTICLE II, "CITY PARKS AND 7 BEACHES", SECTION 16-18 ADDING A DEFINITION FOR 8 MOORING; AMENDING SECTION 16-60, "ESTABLISHING HOURS 9 OF USE AT HARVEY E. OYER, JR. PARK", SUBSECTION (d) TO 10 CLARIFY WHAT IS NOT PERMITTED; PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, City staff has been reviewing existing code language to assure that the 15 Parks and Recreation Chapter is clear and consistent throughout the Code of Ordinances; and 16 WHEREAS,Boynton Beach Harvey E. Oyer,Jr.Park is one of the City's most popular 17 and busiest parks; and 18 WHEREAS, the boat launch docks at Harvey Oyer park are frequently used and 19 limited in space; and 20 WHEREAS, on occasion, boats are left along the water's edge at the park for several 21 hours which can be a problem if a boat becomes loose and enters into the channel feeding in 22 and out of the boat ramps; and 23 WHEREAS, to allow full and fair access to the boat launch docks, City staff has 24 determined that the ordinance should be amended to clarify that mooring is not permitted; and 25 WHEREAS,the City Commission deems it to be in the best interest of the citizens and 26 residents of the City to amend Chapter 16 of the City's Code of Ordinances as hereinafter 27 referenced. 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, THAT: 30 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 31 herein by this reference. 32 Section 2. Chapter 16, "Parks and Recreation", Article H, "City Parks and 33 Beaches", Section 16-18, "Definitions" of the City's Code of Ordinances is hereby amended S:ACA\Ordinances\Chapter 16-Boat Docks At Harvey Oyer Park(Mooring)(2019).Docx 1 Page 1081 of 1106 34 by adding the words and figures in underlined type and by deleting the words and figures in 35 struck-through type, as follows: 36 Sec. 16-18. Definitions. 37 As used in this article: 38 Director means the Recreation and Parks Director of the city. 39 Park means land owned by the city, and intended for current or future active or passive 40 recreation. 141 Mooring means the act, or a means, of fastening a ship/vessel. 42 Vehicle means any wheeled conveyance, whether motor powered, animal-drawn, or self- 43 propelled. The term shall include any trailer in tow of any size, kind or description. 44 Exception is made for baby carriages and vehicles in the service of the city parks. 45 46 Section 3. Chapter 16, "Parks and Recreation", Section 16-60 of the City's Code 47 of Ordinances is hereby amended by adding the words and figures in underlined type and by 48 deleting the words and figures in struck-through type, as follows: 49 Sec. 16-60. Establishing hours of use at Harvey E. Oyer, Jr. Park. 50 51 (a) The Harvey E. Oyer, Jr. Park shall be closed at 10:00 p.m. to all persons, except: 52 (1) Fishermen; 53 (2) Boaters actively engaged in fishing or boating or preparation thereof, and 54 (3) Official permit holders utilizing the boat club building. 55 56 (b) It shall be unlawful for anyone, except the enumerated persons,to enter the Park between 57 the hours of 10:00 p.m. and dawn of the next day. 58 59 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but not 60 limited to, storage of vessels, vehicles and trailers. 61 62 (d) The docks in the lagoon at the park are intended for loading and unloading boats. The 163 loading/unloading docks shall not be used for storage 21 �mooring and all persons who 64 use the loading/unloading docks must clear the docks as quickly and efficiently as 65 possible. No boats, personal property, or other objects shall occupy or obstruct the 66 loading/unloading docks for more than thirty (30) minutes at a time. 67 68 (e) No tether, lock or other personal property shall be permanently attached to any fixtures, 69 trees or other objects on the Harvey E. Oyer, Jr. Park premises. 70 71 (f) Any decal holder actively engaged in fishing, boating or preparation thereof for a period 72 of three (3)days or more shall notify the city in writing in advance. The city shall tag the 73 trailer and/or vehicle of any such decal holder as an"Extended Stay"vehicle. Any vehicle 74 or trailer that remains in the Park for three (3) days or more without prior permission 75 from the city shall be removed, towed or otherwise disposed of at the owner's expense. 76 S:\CA\Ordinances\Chapter 16-Boat Docks At Harvey Oyer Park(Mooring)(2019).Docx 2 Page 1082 of 1106 77 (g) Vehicles without a trailer may only park in areas designated for single vehicles. 78 79 Section 4. Each and every other provision of the Code of Ordinances of the City 80 of Boynton Beach not herein specifically amended shall remain in full force and effect as 81 previously enacted. 82 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 83 same are hereby repealed. 84 Section 6. Should any section or provision of this ordinance or portion hereof, any 85 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 86 such decision shall not affect the remainder of this ordinance. 87 Section 7. Authority is hereby granted to codify said ordinance. 88 Section 8. This ordinance shall become effective immediately upon passage. 89 90 FIRST READING this day of 2019. 91 92 SECOND, FINAL READING AND PASSAGE this day of , 2019. 93 94 CITY OF BOYNTON BEACH, FLORIDA 95 96 YES NO 97 98 Mayor— Steven B. Grant 99 100 Vice Mayor—Justin Katz 101 102 Commissioner—Mack McCray 103 104 Commissioner—Christina L. Romelus 105 106 Commissioner—Ty Penserga 107 108 109 VOTE 110 ATTEST: 111 112 113 114 Judith A. Pyle, CMC 115 City Clerk 116 117 118 (Corporate Seal) S:ACA\Ordinances\Chapter 16-Boat Docks At Harvey Oyer Park(Mooring)(2019).Docx 3 Page 1083 of 1106 12.B. LEGAL 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 19-010 - SECOND READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14- 13 entitled "Motorized Scooters". (Tabled to May 21, 2019) EXPLANATION OF REQUEST: Proposed Senate Bill 542 sponsored by Senator Jeff Brandes and House Bill 453 sponsored by Representative Jackie Toledo, both related to the regulation of motorized scooters, have been filed for consideration during the 2019 legislative session. A copy of both Bills are attached. The Bills initially contain the following key provisions: . MICROMOBILITY DEVICE is defined for the first time in Florida Statutes as: Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips, which is incapable of traveling at speeds greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycles as defined in this section. . MOTORIZED SCOOTER is redefined as shown—Any vehicle or micromobilitv. device that is dowered bL a motor with or without no h ,.:._ a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 20 3 miles per hour on level ground. . A municipality may regulate the operation of micromobility devices and for-hire motorized scooters but a municipal ordinance or regulation may not conflict with this chapter or federal law and may not be more restrictive than the City regulation of bicycles. . The City may require a person offering micromobility devices or for-hire motorized scooters to obtain a City license. . The operator of a micromobility device or motorized scooter has all of the rights and duties applicable to the rider of a bicycle. . A person is not required to have a valid driver license to operate a micromobility device or motorized scooter. . A person may park a micromobility device or motorized scooter on sidewalks in a manner that does not impede the normal movement of pedestrian traffic. Currently, operation of a motorized scooter is prohibited on sidewalks or sidewalk areas: (1) Except as provided in s. 316.008 or s. 316.212(8), a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. (2)A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (3)This section does not apply to motorized wheelchairs Fla. Stat. Ann. § 316.1995 (West) However, per Florida Statute 316.008(7)(a) a county or municipality may enact an ordinance to permit, Page 1084 of 1106 control, or regulate the operation of vehicles, golf carts, mopeds, motorized scooters, and electric personal assistive mobility devices on sidewalks or sidewalk areas when such use is permissible under federal law. The ordinance must restrict such vehicles or devices to a maximum speed of 15 miles per hour in such areas. The City does not have an ordinance permitting motorized scooters to operate on sidewalks. If the proposed Bills become law as worded, an ordinance prohibiting motorized scooters on sidewalks would not be enforceable unless the ordinance also prohibited bicycles. Anticipating the passage of new laws that preempt municipal regulation of motorized scooters the Commission requested the preparation of an Ordinance banning motorized scooters with the hope that some or all of a City ordinance adopted in advance of new state law might survive the new state law. To that end, the proposed ordinance was drafted. The most recent action at the State level is reflected in the Committee Amendment attached. All versions of the proposed legislation to date significantly limit municipal regulation and provide for regulation exclusively by State and Federal Law. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? TBD FISCAL IMPACT: TBD ALTERNATIVES: 1. Not adopt ordinance banning motorized scooters 2. Revise ordinance banning motorized scooters STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance banning commercial use of motorized scooters Page 1085 of 1106 I ORDINANCE NO. 19-010 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 14 OF THE CODE OF ORDINANCES OF THE 6 CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC"; 7 CREATING SECTION 14-13 ENTITLED "MOTORIZED 8 SCOOTERS"; PROVIDING FOR DEFINITIONS; 9 PROVIDING FOR REGULATIONS; PROVIDING FOR 10 PENALTY; PROVIDING FOR CODIFICATION, 11 CONFLICTS, SEVERABILITY; AND PROVIDING FOR 12 AN EFFECTIVE DATE. 13 14 WHEREAS, motorized scooters are micromobility devices that are an emerging 15 transportation option that has been marketed to community members and tourists around 16 the county as a transportation option of motorized scooter sharing services; and 17 WHEREAS, the measures set forth in this ordinance are intended to create 18 guidelines and procedures for the use and parking of Motorized Scooters throughout the 19 City; and 20 WHEREAS, the City Commission finds that it is in the best interest of the 21 community,residents, and the businesses of the City of Boynton Beach to amend Chapter 22 14 of the City's Code of Ordinances and create Section 14-13 entitled "Motorized 23 Scooters". 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 26 27 Section 1: The foregoing"WHEREAS" clauses are hereby ratified and confirmed 28 as being true and correct and made a specific part of this Ordinance by this reference. 100302926.1306-90018211 Page 1 of 4 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1086 of 1106 I Section 2: Chapter 14 of the Code of Ordinances of the City of Boynton Beach is 2 amended by creating the followingi: 3 Section 14-13—Motorized Scooters 4 (a)—Purpose and Applicability 5 1) The purpose of this Article is to prohibit the commercial use, rental, and 6 parking of Motorized Scooters in the City of Boynton Beach. 7 2) The provisions of this Article shall apply to the use and parking of Motorized 8 Scooters. For the purposes of this Article, the User shall be liable for 9 complying with the applicable provisions of this Article and either can be 10 issued citations and subject to fines for violation of the provisions of this I I Article. 12 3) Law enforcement agencies and their personnel are exempted from the 13 provisions of this article while utilization is in the course of police operations. 14 (b)—Definitions 15 For the purposes of this Article, the following words shall have the meaning 16 indicated: 17 1) Motorized Scooter or Scooter shall mean a micromobility device that is powered by 18 a motor with or without having a seat or saddle which is designed to travel on not 19 more than three wheels, and which is not capable of propelling the vehicle at a speed 20 greater than 20 miles per hour on level ground. 21 2) User means the person who operatesd a Motorized Scooter. 1 Text reflects amendment of the Ordinance on second and final reading 100302926.1306-90018211 Page 2 of 4 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1087 of 1106 I (c)— General Regulations 2 The commercial use and the parking of a Motorized Scooter is prohibited within the 3 jurisdictional limits of the City of Boynton Beach. This prohibition includes,but is not 4 limited to, renting a Motorized Scooter outside the Citv limits of Bovnton Beach and 5 operating such Motorized Scooter within the City limits gLB-gynton Beach. 6 (d)—Penalty 7 Any violation of this Article that is not prosecuted as a violation of State traffic laws may 8 be prosecuted as a municipal ordinance and is punishable by a fine of$100.00 for each 9 occurrence of a violation. 10 Section 3: Codification. It is the intention of the City Commission of the City of I I Boynton Beach, that the provisions of this Ordinance shall become and made a part of the 12 Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this 13 Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to 14 "Section," "Article" or other word or phrase in order to accomplish such intention. 15 Section 4: Conflicts. All Ordinances or parts of Ordinances, Resolutions or 16 parts thereof in conflict herewith,be and the same are hereby repealed to the extent of such 17 conflict. 18 Section 5: Severability. Should any section, provision, paragraph, sentence, 19 clause of word of this Ordinance or portion hereof be held or declared by any court of 20 competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be 21 considered as eliminated and shall not affect the validity of the remaining portions or 22 applications of this Ordinance. 23 Section 6: Effective Date. This Ordinance shall become effective on upon 100302926.1306-90018211 Page 3 of 4 CODING: Words in st+4ie#waiig type are deletions from existing law; Words in underlined type are additions. Page 1088 of 1106 I adoption. 2 3 PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH,FLORIDA, THIS 161h DAY OF APRIL 2019. 5 6 PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA THIS 21st DAY 8 OF MAY,2019. 9 10 I I CITY OF BOYNTON BEACH, FLORIDA 12 13 YES NO 14 15 Mayor— Steven B. Grant 16 17 Vice Mayor—Justin Katz 18 19 Commissioner—Mack McCray 20 21 Commissioner—Christina L. Romelus 22 23 Commissioner—Ty Penserga 24 25 VOTE 26 ATTEST: 27 28 29 30 Judith A. Pyle, CMC 31 City Clerk 32 33 34 35 (Corporate Seal) 36 100302926.1306-90018211 Page 4 of 4 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1089 of 1106 12.C. LEGAL 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-017 - SECOND READING -Approval of Ordinance amending Section 14.3 regulating truck and other commercial use vehicle parking in residential neighborhoods. EXPLANATION OF REQUEST: Long term and overnight parking in residential neighborhoods of trucks, trailers, and other non-passenger vehicles (excluding recreational vehicles) creates visual blight. Truck parking, other than temporary parking associated with delivery or site construction work is not consistent with the character of residential neighborhoods. The code amendments contained in this ordinance establish clearer guidelines and penalties (fines) for violation of parking restrictions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Advances Safe and Livable Neighbors elements of the City's Strategic Plan FISCAL IMPACT: Non-budgeted Insignificant increase in revenue resulting from collection of fines. ALTERNATIVES: Expand or reduce listed vehicles Modify fines Take no action STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: See above CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1090 of 1106 ATTACHMENTS: Type Description D Ordinance Ordinance with changes between first and second reading D Attachment Language in Ordinance that changed between first and second reading highlighted in yellow Page 1091 of 1106 I ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 4 AMENDING CHAPTER 14, MOTOR VEHICLES AND TRAFFIC, 5 SECTION 14.3, TRUCK PARKING REGULATED; ADDING 6 DEFINITIONS, PROVIDING FOR PENALTIES; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, CODIFICATION, AND AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the City Commission finds that the parking of trucks designed or used 11 primarily for commercial hauling or transportation and truck trailers in or immediately adjacent 12 to residential neighborhoods creates visual blight; and 13 14 WHEREAS, it is the desire of the City Commission to promote harmonious and 15 healthful development including adequate provisions for traffic, the promotion of safety and 16 the promotion of good civic design and appearance. 17 18 19 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS: 21 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a part of this Ordinance. 24 25 Section 2. Section 14.3 of Chapter 14 of the Code of Ordinances is hereby deleted in 26 its entirety and replaced as follows: 27 28 Sec. 14-3. Truck parking, regulated. 29 1. The intent of this Section is to limit and prohibit the parking in residential areas of 30 the City of trucks or other vehicles that are primary designed for commercial use 31 and not primarily designedpassenger as passengas passenger vehicles and: 32 a. to eliminate the visual blight created by large commercial vehicles 33 being parked in residential areas over-night(from dusk to dawn) or for long 34 periods of time. 35 b. to minimize physical damage to publicly maintained rights of way. 36 C. to protect property values and character of property within residential 37 areas. 38 d. to reduce traffic congestion._ 39 e. to protect children from traffic injuries. 40 2. It is hereby declared unlawful for any individual to park,cause to be parked or allow 41 to be parked any of the following vehicles for a longer period than fifteen (15� 42 minutes or to allow the vehicle motor or any accessory refrigeration or cooling 43 motor running _in any area of the city zoned for single- or two—family any area of the city zoned for single- or two--family residential 1 S:ACA\Ordinances\Truck Parking(2nd Read)MR Edits.Docx Page 1092 of 1106 44 use as defined on the City's Official Zoning Map or along any street that fronts such 45 residential area without regard to the zoning classification: 46 a. Any truck, truck cab, truck trailer, farm, or construction vehicle or heavy 47 equipment, semi-tractor, bus, dump truck, or wrecker/tow truck, 48 b. Any motor vehicle with more than two (2) axels excluding a recreational 49 vehicle, 50 c. Any motor vehicle having a Gross Vehicle Weight Rating(GVWRgreater 51 than 16,000 pounds excluding a recreational vehicle, and 52 d. Any truck with a gross vehicle weight rating (GVWR) between 14,000 lbs. 53 and 16,001 lbs. that has been designed or modified to r-eplage the 4am4ar-d 4t—1- 54 11aA *^ , 66E)fHfHE)d. e ^ for commercial moving, shipping, or trucking purposes 55 (i.e.^ +� "box"truck, " " 56 l+;i;t 57 58 60 3. Exceptions to the above standards, excluding the running of motors, are limited to 61 the following: 62 a. When in connection with the actual loading or unloading of such vehicle, 63 delivering of goods or services, and/or construction activity pursuant to 64 permitted improvements to the property, and 65 b. Recreational vehicles, which are regulated separately from this section 66 of the Code of Ordinances. 67 C. 68 69 owner-or-leasehold-geettl2ant of the pr-eige4y and flie is �r-311-—1-4 70 71 72 EIC. The term "truck" does not include pick-up trucks that would otherwise 73 comply with the restrictions within Subsections 2.b, 2.c, and 2.d above. 74 4. A violation of this Section of the Code constitutes a Municipal Ordinance Violation 75 and is subject to penalties as set forth in Section 1-6 of the Code of Ordinances. The 76 city mayprosecuteviolations by issuance of notices to wear for violation of a City 77 Ordinance, in which case, the penalty for a violation shall be as follows: 2 S:ACA\Ordinances\Truck Parking(2nd Read)MR Edits.Docx Page 1093 of 1106 78 a. First violation - $100.00 79 b. Second violation - $200.00 80 c. Third or more violations - $500.00 per violation 81 82 Each calendar day on which a violation exists shall constitute a separate 83 violation for the purpose of determining the fine. 84 85 Section 3. Codification. It is the intention of the City Commission of the City of 86 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code of 87 Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be 88 renumbered,re-lettered and the word "Ordinance" may be changed to "Section," "Article" or other 89 word or phrase in order to accomplish such intention. 90 91 Section 4. Conflicts. All Ordinances or parts of Ordinances, Resolutions or parts 92 thereof in conflict herewith,be and the same are hereby repealed to the extent of such conflict. 93 94 Section 5. Severability. Should any section, provision, paragraph, sentence, clause of 95 word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction 96 to be unconstitutional or invalid,in part or application,it shall be considered as eliminated and shall 97 not affect the validity of the remaining portions or applications of this Ordinance. 98 99 Section 6. Effective Date. This Ordinance shall become effective on upon adoption 100 but enforcement shall be delayed until after September 1, 2019 to afford the City Administration 101 time to provide notice to the public of these regulations. 102 103 FIRST READING this day of 2019. 104 105 SECOND, FINAL READING AND PASSAGE this day of , 2019. 106 107 CITY OF BOYNTON BEACH, FLORIDA 108 YES NO 109 110 Mayor— Steven B. Grant 111 112 Vice Mayor—Justin Katz 113 114 Commissioner—Mack McCray 115 116 Commissioner—Christina L. Romelus 117 118 Commissioner—Ty Penserga 119 120 VOTE 121 ATTEST: 122 123 3 S:ACA\Ordinances\Truck Parking(2nd Read)MR Edits.Docx Page 1094 of 1106 124 125 Judith A. Pyle, CMC 126 City Clerk 127 (Corporate Seal) 4 S:ACA\Ordinances\Truck Parking(2nd Read)MR Edits.Docx Page 1095 of 1106 HIGHLIGHTED WORDS ARE CHANGES BETWEEN FIRST AND SECOND READING Section 2. Section 14.3 of Chapter 14 of the Code of Ordinances is hereby deleted in its entirety and replaced as follows: Sec. 14-3. Truck parking, regulated. 1. The intent of this Section is to limit and prohibit the parking in residential areas of the City of trucks or other vehicles that are primary designed for commercial use and not primarily designed as passenger vehicles and: a. to eliminate the visual blight created by large commercial vehicles being parked in residential areas over-night(from dusk to dawn) or for long periods of time. b. to minimize physical damage to publicly maintained rights of way. C. to protect property values and character of property within residential areas. d. to reduce traffic congestion. e. to protect children from traffic injuries. 2. It is hereby declared unlawful for any individual to park, cause to be parked or allow to be parked any of the following vehicles for a longer period than fifteen (15)minutes or to allow the vehicle motor or any accessory refrigeration or cooling motor running in any area of the city zoned for single- or two-family residential use as defined on the City's Official Zoning Map or along any street that fronts such residential area without regard to the zoning classification: a. Any truck, truck cab, truck trailer, farm, or construction vehicle or heavy equipment, semi-tractor, bus, dump truck, or wrecker/tow truck; b. Any motor vehicle with more than two(2)axels excluding a recreational vehicle, c. Any motor vehicle having a Gross Vehicle Weight Rating (GVWR)greater than 16,000 pounds excluding a recreational vehicle, and d. Any truck with a gross vehicle weight rating (GVWR)between 14,000 lbs. and 16,001 lbs. that has been designed or modified for commercial moving, shipping, or trucking purposes i.e. "box" truck). 3. Exceptions to the above standards, excluding the running of motors, are limited to the following: Page 1096 of 1106 a. When in connection with the actual loading or unloading of such vehicle, delivering of goods or services, and/or construction activity pursuant to permitted improvements to the property; and b. Recreational vehicles, which are regulated separately from this section of the Code of Ordinances. C. C. The term "truck" does not include pick-up trucks that would otherwise ~ mpl�with the restrictions within Subsections 2.b, 2.c and Id above 4. A violation of this Section of the Code constitutes a Municipal Ordinance Violation and is subject to penalties as set forth in Section 1-6 of the Code of Ordinances. The city may prosecute violations by issuance of notices to wear for violation of a CitX Ordinance, in which case, the penalty for a violation shall be as follows: a. First violation - $100.00 b. Second violation - $200.00 c. Third or more violations - $500.00 per violation Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. Page 1097 of 1106 13.A. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Department to give brief presentation of their operations Development- July 2019 Library - September 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 1098 of 1106 13.B. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Representative Mike Caruso post-legislative update- June 4, 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 1099 of 1106 13.C. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Staff to give update on Building Wealth/Local Preference/Surtax programs- June 4, 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 1100 of 1106 13.D. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 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 1101 of 1106 13.E. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 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- July 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 1102 of 1106 13.F. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, J my 15, 2019 @ 5:00 P.M. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. EXPLANATION OF REQUEST: Our FY 2019/2020 Budget process is underway. Proposed Budget Workshops are scheduled to be held July 15-17, 2019 at the Intracoastal Park Clubhouse. Typically the Commission staggers the starting times to accommodate the public's attendance at these workshops. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. Based on past Workshops times, staff is recommending the following times: Monday, July 15, 2019: 5:00 p.m. Tuesday, July 16, 2019: 10:00 a.m. Wednesday, July 17, 2019: 2:00 p.m. As a reminder, Tuesday, July 16, 2019 there will also be a regular City Commission meeting at 6:30 pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 1103 of 1106 Is this a grant? No Grant Amount: Page 1104 of 1106 13.G. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: Staff to present updated Social Media Policy - August 20, 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 1105 of 1106 13.H. FUTURE AGENDA ITEMS 5/21/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/21/2019 REQUESTED ACTION BY COMMISSION: The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1106 of 1106