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Agenda 07-16-19 The City of wr Boynton Beach y City Commission Agenda Tuesday, July 16, 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 C] www.boynton-beach.org Page 1 of 356 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 356 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation - Rev. Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Recognize and celebrate the City's commitment to work towards full compliance with the Americans with Disabilities Act. Ted Goodenough, ADA Assistant, will accept the proclamation. B. Development Department to give brief presentation of their operations. 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. B. Request to move September 3rd commission meeting to Thursday, September 5th at 6:30pm at Intracoastal Clubhouse Park to hold 1st Public Budget Workshop for FY 19/20 budget. Also schedule Special Commission meeting on Tuesday, September 10, 2019 at 6:OOpm at Intracoastal Park Clubhouse to adopt Final Fire Assessment for FY 19/20. This meeting will be held immediately before the CRA meeting. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R19-072- Authorize the City Manager to sign an agreement between Nsure Inc. and the City of Boynton Beach to provide the service of locating missing or incorrect patient insurance information as a sole source vendor. B. PROPOSED RESOLUTION NO. R19-073- Approve Phase I I (Change order #1) with Wynn & Sons Environmental Construction CO. Inc. for the resurfacing of the Family Course's cart pathways at the Golf course in the amount $84,755.20 plus a 10% contingency of $8,475.52 for a total expenditure of$93,230.72. C. PROPOSED RESOLUTION NO. R19-074-Approve a resolution of the City of Boynton Beach Page 3 of 356 supporting the creation of a Community Redevelopment Agency (CRA) in the Village of Palm Springs, FL. D. Approve the addition of the following job classification in the City's Pay Plan: Police System Engineer E. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ended May 31, 2019. F. Approve revisions to and addition of project(s) to the Fiscal Year 18-19 approved surtax projects. G. Accept surtax capital project status report for 3rd quarter of fiscal year 2018-19 - April through June 2019. H. Accept the written report to the Commission for purchases over $10,000 for the month of June 2019. I. Approve the Bid Award for "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" Bid # 030-1412-19/MFD to the following three (3) companies: Genuine Parts (Napa), Palm Truck and Truck Pro on a primary, secondary and third basis to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of$45,000. 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 July 16, 2019- "Request for Extensions and/or Piggybacks." K. Authorize the City Manager to enter into an agreement for renewal of an annual subscription to Gale Legal Forms Database for one year in the amount of$2,315.25. L. Approve the minutes from City Commission meeting held on July 2, 2019. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Approve the Bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Bid # 029-1412-19/MFD to the following ten (10) companies: Palm Truck, SBL Freightliner, Nextran, Trekker Tractor, Sunbelt, Pat's Pump, Dartco, Expert Diesel, General GMC and Southern Sewer on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of$500,000. B. Approve the Bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT" Bid # 032-1412-19/MFD to the following four (4) companies: Al Packer, Autonation Chevrolet, Grieco Ford and Schumacher Parts on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $110,000. C. Authorize utilizing the State of Florida Alternate Contract #43211500-W SCA-15-ACS for the purchase of Datrium DVS computer nodes, data nodes, and host software from Transource Services Corp in the amount of $199,959.64. The City is allowed to purchase from State of Florida Contracts. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. CITY MANAGER'S REPORT Page 4 of 356 A. Announce the introduction of two new youth program in the City's Fire and Police Departments. Police Chief Michael Gregory and Fire Chief Glenn Joseph will present the new programs. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Vice Mayor Katz has requested to discuss future Dogs on the Beach Events 12. LEGAL A. PROPOSED ORDINANCE NO. 19-020 - SECOND READING -Approve proposed amendments to Part 11, Code of Ordinances, Chapter 10, Article 11, Refuse, Garbage and Trash, Section 10-30, Rates and charges for City service; allowing rates to be set by resolution of the Commission. B. PROPOSED ORDINANCE NO. 19-021 - SECOND READING - Approving the partial abandonment an 11 ft. by 30 ft. portion of an existing utility easement along Woolbright Road as part of the Wawa project located at Woolbright Road and Congress Avenue. This area will be dedicated as public right of way by Palm Beach County, and the City utilities will be located within the public right of way. C. PROPOSED RESOLUTION NO. R19-075- Approving the Solid Waste rates and charges for residential and commercial customers. D. Provide Commission update on Quantum Park Overlay Dependent District. 13. FUTURE AGENDA ITEMS A. Dorothy Jacks, PBC Property Appraiser to address the Commission - August 6, 2019 B. Provide information concerning elected officials terms, limits, etc. to Commission. - August 6, 2019 C. Staff to present updated Social Media Policy - August 20, 2019 D. Department to give brief presentation of their operations Library - September 2019 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. 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 5 of 356 1.A. OPENING ITEMS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation - Rev. Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 6 of 356 2.A. OTHER 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 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 7 of 356 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Recognize and celebrate the City's commitment to work towards full compliance with the Americans with Disabilities Act. Ted Goodenough, ADA Assistant, will accept the proclamation. EXPLANATION OF REQUEST: July 26, 2019, marks the 29th anniversary of the signing of the Americans with Disabilities Act (ADA) into law. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, as well as increasing full participation in community life. However, the full promise of the ADA will only be reached if we remain committed to continue our efforts to fully implement the ADA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has undertaken a number of administrative actions to bring programs, services and activities into compliance. 1. In 2015, the City designated an ADA Coordinator who is responsible for coordinating all compliance activities. 2. A notice to the public and employees on their rights and protections under the ADA and how the City complies is posted on the City website and throughout the City's government buildings. 3. The City has adopted and administers a grievance procedure for resolving ADA related grievances and complaints by the public and employees. 4. A comprehensive review of polies and procedures (or self-evaluation) was completed in 2015, in four areas: equal employment opportunity, nondiscriminatory operation of programs and services, effective communication, and program and facility accessibility. 5. A Transition Plan of structural modifications needed to remove barriers limiting access to programs, including installation of curb-ramps on walks and pedestrian ways has been created and is updated annually to reflect progress towards full compliance with the Americans with Disabilities Act. 6. An Inclusion Support Team (comprised of 17 organizations, representing individuals with disabilities) has been created to provide insight and feedback, and collaborate with City departments to create inclusive opportunities throughout Boynton Beach. FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 8 of 356 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 9 of 356 Proclamation WHEREAS,on July 26,1990,President George H.W.Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities. This legislation established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. On July 26,2015,we will celebrate the 29,h anniversary of the signing of the ADA. WHEREAS, the ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions,and increasing full participation in community life. However,the full promise of the ADA will only be reached if we remain committed to continue our efforts to fully implement the ADA. WHEREAS,on the 29,h anniversary of the Americans with Disabilities Act,we,the City of Boynton Beach, celebrate and recognize the progress that has been made by reaffirming the principles of equality and inclusion and recommitting our efforts to reach full ADA compliance. NOW,THEREFORE, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach,do hereby reaffirm that the City of Boynton Beach will continue to work toward full ADA compliance. 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 16,h day of July,Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Queenester Nieves Deputy City Clerk 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Development 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 11 of 356 5.A. ADMINISTRATIVE 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Appointments 7-16-19 D Other Briette, W ilky D Other Rada, Vinola D Cather Trumble-Thomas, Teresa D Other Young, S a uira Page 12 of 356 APPOINTMENTS AND APPLICANTS FOR JULY 16, 2019 Building jAppeals Mayor Grant Alt 2 yr term to 12120(3) 1 Katz Alt 2 yr term to 12119(3) Applicants None Education visBoard III Romelus STU 2 yr term to 12119(Tabled 2) IV Penserga STU NV 2 yr term to 12119(Tabled 2) 1 Katz Alt 2 yr term to 12119(Tabled 2) II McCray Alt 2 yr term to 12120 Applicants Vinola Rada-Eligible for Alternate Appointment Teresa Trumble-Thomas—Eligible for Alternate Appointment Wilky Briette-—Eligible for Alternate Appointment Shaquira Young-—Eligible for Alternate Appointment Historic rces Preservation Board IV Penserga Alt 2 yr term to 12/20(Tabled 2) Applicants None Library Board Mayor Grant Alt 2 yr term to 12/20(Tabled 2) I Katz Alt 2 yr term to 12/19 Applicants None Senior Advisory Board Mayor Grant Alt 2 yr term to 12120(Tabled 3) Applicants None Page 13 of 356 '��1\'S;'X11'.NYfNYhnYnNYnNshnYrN,i4i2YN`�5'N=: vYYz�:`€S%Nk�tlsa�NS�Nsa�NS�Nsa�NS�Nsa�NS�Nsa�Nltflt;Y54�7�:;N4`acc&iNl1,,,0.k�0%;r�:Y Hrct,fra)n�ettAdakih =-- ,.. 'TM:9 ,,��,�€rvrcr+, �.„, ,� -N� ,nrrrurx-�^r'zna�€o ^zrtu�a�:rr.�envr:.-�.�ss.^. G.t�rr' wilkybriette eor ly 12 r it r.io> Sent Thursday,January 24, 2019 9:53 PM Tow City Clerk Subject: iso Int nt application Today's to01/24/2019 Gander Male Phone number 561-289-3868 Address 404 Villa le EmailBoynton Bomb FL 33435 United States "o ® 6 com Current occupation r°,if Human Reso=cs Manager and Professor retired,prior Educationt rs of Human Resourcest Are you a registered voter? Yes Do you reside Boynton 1 s Do you own/manage a business i i ? No t , if r'ea'r,name of business: , Are you currently serving on a City board? No Have you served on a CityNo ' board in the past? If"yes",which s) ? Have you ever been ? No convicted If M6 re ,when and where? Advisory Education and Youth Advisory Board QualificationsPersonal t1 ,Im an AdjunctProfessor at Palm Beach State College Resouces Manager. I understand the,importance of education, elementarylevel to coflegettrade school.Better resources and better schools create educated and workingcitizens. o we how bard it is tD find qualified candidates for positions here in our community. Page 14 of 356 Professional Memberships Society of Hurna,Resources Management Feel free to uttacb/upload an extra sheet or restune. Certification I,the applicant,hereby cer*that the statements and answers provided herein am true and accurate. I understand that,if appointed, any Use statrinents may be cause for removal from a board. The message has been sent from 22.244.143.250(Unfted States)at 2019-01-24 21:53:24 on!Phone 12® Entry IM 317 Refprrer �bMqApLL-b c .orpJbQa-rds--and-cotetra Ltte—es Form,Host:Am dvisp w-123fqv'mbuIIder.mLnjfoL - 4La�A jy��,ard-Ap�Wntm�ent-A �jlqatLcn Page 15 of 356 Ellis, SShhaZla From: vinola1210 <no reply@ 123fo rmbuiider.io> Sent., Friday, March 22, 2019 9:35 AM To: City Clerk Subject: Advisory Board Appointment application Today's to 03/22/2019 Name Vinola Rada Gender Female Phone number 561-704-3157 PO Address 718 SW 3rd Ave Boynton Beach FL 33426 United States Email vinolal2lO@gmail.com Current occupation or,if retired,prior occupation Adjunct Professor at Palm Beach State College Education Doctor in Business Administration Are you a registered voter? Yes Do you reside within the BYes oynton Beach City fimits9 2 Do you own/manage a No business within City limits? If"Yes",name of business: Are you currently serving on a City board? Have you served on a City yes board in the past? If "yes", is board(s) Boynton each Special Event Ad Hoe Committee and Youth Crime Prevention and when? Project, City of Boynton each Have you ever been No convicted of a crime? If"yes",when and where? Advisory or Education and Youth Advisory Board Personal Qualifications I believe that my experience on Palm Beach County School Boundary Advisory Committees serves as a stepping stone to provide guidance on issues that affect our youth,particularly in the area of education. While serving as an advisory committee to the School Board and Superintendent, was to involve parents, partners,teachers, administrators, employees and volunteers to review different issues that impact students' and for the School District's to provide quality for Page 16 of 356 all students with the sldlls in education and education is imperative to a productive adult life. My two sons' attended schools in Boynton Beach and graduated with high honors due to my involvement in their personal growtIL Professional Memberships Academy of Management and Association of Florida Colleges Feel free to attach/upload an extra sheet or resume. Certification 1,the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.105.42.230(United States)at 2019-03-22 08:34:39 on Chrome 72.0.3626.121 Entry ID:325 Referrer:www.boynton-beaqh.qrgjboa ds-and-committees For Host:www.123form builder.com/farm- 8 141 dvisory-Board-Appointm ent-Ap plication 2 Page 17 of 356 Ellis, Shil ayla From: teresa.tiumble <noreply@123formbuilder.io> Sent: Tuesday, May 07, 2019 11:59 AM : City Clerk Subject: Advisory Board Appointment application Today's date 05/07/2019 Name Teresa le-Thomas Gender Female Phone number 561-262-0771 Address 781 Manatee Bay Dr Boynton Beach FL 33435 United States Email teresa.trumble@pbcharterschools.org Current occupation or, if Employment Specialist retired, prior occupation Education M.S., Mathematical Sciences Clemson University 1992 Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If"yes", name of business: � Are you currently serving Yes on a City board? Have you served on a City Yes board in the past? If"yes",which board(s) Boynton Beach Inclusion Advisory Team (?) and when? Have you ever been No " . - convicted of a crime? , If"yes",when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications Since 1988 I've worked as a tutor, teacher,program coordinator, afterschool director, staff developer,parent trainer, instructional specialist, and employment specialist. My experience includes PK- adult learners: all academic subjects, students with disabilities,technology, Common Core, and classroom management. In i Page 18 of 356 addition, I've trained teachers for the past decade at Summit Montessori Teacher Training Institute in Davie. Currently, I work at SouthTech Academy helping students ages 14-22 finding work experiences in their career field. In this role, I manage the CITY Facebook page as well as SouthTech Works on Instagram. Finally, I am a proud parent of two amazing young adults. Professional Memberships American Montessori Society South Florida Special Needs Advisory Coalition(SNAG) Palm Beach County Council for In-Transition Youth(CITY) (Manage their Facebook page) Association of People Supporting Employment 1st(APSE) Feel free to attach/upload an extra sheet or resume. Certification 1,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 165.161.3.39(United States)at 2019-05-0710:55:45 on Chrome 70.0,3538.110 Entry ID:332 Referrer:https://www.boynton-beach.org/boards-and-committees Form Host: https:l/www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Applicatlon 2 Page 19 of 356 \`t �t •,�rat� t� t\\\\--�\iC\.\ \ \ \ \ \ t t t t t t t t 4):.}1ti UllllUllOU}l\UllllUllllllll411llV\UllllUll111}llll\S4VAAUllllUllllUllllUllllUllllUllllUllllUllllVAA1Ull\}1}1�V1)ll,,,AllllVlllll}UlA\lll➢ovu}vll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢oll➢ollLVOCaSaiDAllliLhllllll\ll1ll91Vd1LV1}VV11 From: youngshaquira1976 <noreply@12.3forrnbuilder.io> Sent Tuesday, May2 ,2 1 1 PM To: City Clerk Subject. Visory Board Appointmentapplication Attachmentr you n su mq_2019.docx Today's 05/21/2019 Name Shaquira.Young Gender Female Phone 561-860-5408 number Address 1229 Viaos l Boynton Beach FL 33426 United States Email y l976@gmail.com Current occupationr, if retired, sr prior occupation Education r e Are you a registered Yes voter? resideDo you within the Boynton 3 Beach City limits?own/manage ai Do you 3 business No within City If"yes", ss Arcyou currently No serving board?Chy i Page 20 of 356 Have you 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"yes",when and where? Advisory Education and Youth Advisory Board Board Personal I have been an educator with Palm Beach County School District for twenty years. I am Qualffications currently a Transition Specialist within the Special Education Department and I focus on students who have IEPS who are in the age range of 14-22, My educational philosophy is that all children have the right to a free and appropriate education despite any obstacles that they may face, I believe that it takes the support of the community and all school stakeholders to assist students to be successful in the educational setting which will eventually lead them to be successful members of society, Profes$ional Memberships Feel free to attach/upload ..'.!..fi..I..e,..i..d.=4173b8ca6Oc6ae8l47bfc9l�cfb55Od98 an extm sheet ...... ..... . ....................................... or resume, Certification 1,the applicant,hereby certify that the statements and answers provided herein are true and ® I understand that,if appointed, any false statements may be cause for removal from a board, The message has been sent from 9 .242.1 4.122(United states)at 2019-05-2117.31:04 on Chrome 74.0.3729.169 Entry M.,339 Referrer:ftqp&ZLwww.boynton-bPaq.-h o�roardE:-and-cornrnittees Form Host:b=.IZ%, l23formbttflde:.comLform-_583214LAdvlsory-90 arg T ApA _jA Page 21 of 356 SRAQUIRA YOUNG 1229"iia lie Fossi �}' 1 ... u. � . rs � is� � ,! �,rt° : (56I)850-5408 Boynton Beach, Florida 33426 PROFILE d r vAth vastexperiencemodifyinge education curriculum, instructional le er ® , supervision,rigorous driven 'or management;recruitment well community engagement, Tr °o i is with knowledge of graduationrequirements post- secondary options.Experienced Special Education Coordinator with knowledge of federal and state laws governingwell regulating special education and Section 504.Knowledge of effective instructional practices with leadership abilities to coordinate strategies, r ce v a °o s academic subject areas. Effective communicator ` i project and generate a positiveattitude colleagues, s, administrators and executiveleadership. EDUCA Master Y c Educationalr Nova Southeastern `v si , Davie,Florida Bachelor of Science in SpecialEducation CERTIFICATIONS Professional/ y Handicapped K-I SKML HIGHLIGHTS Ability to work with diverse groups Extensive knowledge of IDEA Knowledge of federal t y and state Knowledge f the provisions of Tide ,IL VI and IX Effective communication skills that help coordinateschool staff Experience with developing1 in-service trainings for school staff Experience with disseminating information to school administrators and staff Strong management and record e ills Experience tracking' o °to a budgetc do s for state and federal programs Page 22 of 356 Experienced Inclusion Teacherk-12 grade Experienced ESE and 504 Coordinator PROFESSIONAL EX PERIENCE Palm-Beach County School ° t " l t Tmnsition Specialist Collaborate i ss s, special education teachers and administrators to ensure the needs of the SpecialEducation Train staff and parents on Transitionof the MP Ensure t Individual Education Planst Analyze testing data of Special Collaborate °o to ensure that instructional i gn with students' Individual Education Plans Monitor tin rate of each houseschool in the southern part of the county. Collaborate i agencies and resources * Educate parents and teachers on post-secondaryoptions. Update the database for Graduation Requirements Participate in rocs of new staff Supervisejob trainers Facilitate Individual Educat° t` or students who have reached FAPE Assist in developingr development curriculum Assist with scheduling students in core classes a upon ESE services and diploma opt®o ns Track t rates at assigned high schools Elementary,Boca Raton t Special Education Collaborated ° n teachers to ensureinstructional i with s Individual Plans * Integrated interactive c of classroom for Special Education Facilitated ion Meetings,Eligibility/Ineligibility meetings * Provided Classroom Accommodations to promote learning for Special Students Coordinated Special tion Program Developed, letMonitoreds Developed, o itorc Functional °or Analysis Pla= Facilitated °I c or e® -5h grade Assisted r Q ®nFlorida Standards Assessment Page 23 of 356 * Monitored students in Response to Intervention a Collaborated with service providers * Facilitated and Coordinate Transportation request and needs for Pre-K-51h grade Ensured that Individual Education Plans are in Compliance Updated the data base in TERMS for Pry K-P grade a Title I Liasion a Assisted with scheduling Special Education Students for students Pre K-5fl'gradc * Collaborated with parents,paraprofessionals, special education teachors and administrators to ensure the needs of the Special Education Students are being met. * Community/Parent Liaison 9 Implemented Leveled Literacy Intervention to lowest 25% 9 Monitored discipline for Special Education Students 0 Analyzed testing data of Special Education Students a Scheduled students into classes based upon ESE services Hospital Homebound Teacher August 2011 Palm Beach County School District * Developed and Implemented Lesson Plans * Administered District required assessments * Collaborated with Hospital Homebound Case Manager Collaborated with assigned home school General Education Teacher Facilitated communication vAth parents and coordinate home visits Collaborated with service providers Village Academy School,Delray Beach,Florida August 2009-August 2012 Special Education Teacher I Special Education and 504 Coordinator Developed and Implemented Individual Education Plans Developed and Implemented Behavior Plans Testing Coordinator for grades kindergarten through fifth grade. Special Education Coordinator for grades K-12 Developed and Implemented lessons for students in third grade Scheduled co=es for Special Education Students in Middle and ffigh school * Monitored graduation requirements for Special Education Students in High School * School Base Team Leader for grades K-12 * Facilitated Child Study Team Meetings for grades K-12 Ensured that Individual Education Plans were compliant for K-12 grade Monitored discipline of Special Education Students Coordinated ACT accommodations for Special Education Students Monitored FCAT requirements and waivers for graduation Collaborated with service providers Page 24 of 356 Pine Grove and Plumose SOA,Delray Reach,Florida August 2005 August 2009 Special Education Teacher and Special Educatfon Coordinator a Developed and Implemented Lesson Plans for Special Education Teacher * Facilitated Child Study Meetings a Developed Behavior Plans 0 Five Star Coordinator * School Advisory Council Chairperson Sunrise Park Elementary,Boca Raton,Florida August 2002-August 2005 Pre-K Autism Teacher * Implemented and Developed Lesson Plans * Developed Individual Education Plan Goals Implemented Verbal Behavior Strategies Collaborated with Service Providers Developed Behavior Plans Atlantic Community High School,Delray Beach,Florida August 2000-August 2002 Reading Special Education Teacher Implemented and Developed Lesson Plans for students 9-10"grade Collaborated with General Education Teachers Developed Individual Educational Plan Goals Provided accommodations for assessments Aligned lessons with the state criteria Integrated technology into the classroom Starlight Cove Elementary,Lantana,Florida August 1998-August 2000 Self Contained VE Teacher * Developed and Implemented lesson plans for students in grades 3-5 * Developed Behavior Plans * Developed Individual Education Plan goals REFERENCES Dr.Marline Campbell Principal,Chloee Elementary School Page 25 of 356 Palm Beach County School District Mrs. Renee Elfe PriacipaL Boca Raton Elementary Palm Beach County SchoolDistrict Ms. de in Clemmons Assistant Principal,Lake Worth High School Palm Beach County School District Mm Laura Schultze Transition Planner,Exceptional Student Education Palm Beach County School District Page 26 0 356 5.B. ADMINISTRATIVE 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Request to move September 3rd commission meeting to Thursday, September 5th at 6:30pm at Intracoastal Clubhouse Park to hold 1st Public Budget Workshop for FY 19/20 budget. Also schedule Special Commission meeting on Tuesday, September 10, 2019 at 6:00pm at Intracoastal Park Clubhouse to adopt Final Fire Assessment for FY 19/20. This meeting will be held immediately before the C RA meeting. 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 27 of 356 6.A. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-072-Authorize the City Manager to sign an agreement between Nsure Inc. and the City of Boynton Beach to provide the service of locating missing or incorrect patient insurance information as a sole source vendor. EXPLANATION OF REQUEST: Nsure Inc. offers a unique service that will enable the EMS billing division of Fire Rescue to obtain insurance information in an efficient and reliable way. Working with the Nsure service the EMS billing division will be able to submit a greater number of ambulance transportation claims for reimbursement thus increasing the overall revenue for EMS transports. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? During ambulance transport, patient care is the primary responsibility and often time results in missing and/or incorrect patient information; without this vital information bills go unpaid. With the Nsure software locating social security number (SSN), current address, and up-to-date insurance information will be available in one place. Currently, a multitude of online portals are used and since majority of self-pay accounts are missing a valid SSN little to no information can be found. By utilizing this software the staff will have a more reliable way of obtaining patient information, and would allow the staff to improve the overall reimbursement percentage of ambulance fees. FISCAL IMPACT: Budgeted Budgeted line time (Acct 46-91), Annual contract$15,000.00 with an initial implementation fee of$999.00. ALTERNATIVES: Not approve this contract and continue current billing collection practices. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 28 of 356 CONTRACTS VENDOR NAME: Nsure, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Annual renewal option ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with NSure D Agreement Nsure Agreement D Attachment Nsure ROI Analysis D Sole Source Letter Nsure Sole Source Letter Page 29 of 356 1 2 RESOLUTION NO. R19- 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO SIGN AN AGREEMENT WITH 6 NSURE, INC., TO PROVIDE THE SERVICE OF 7 LOCATING MISSING OR INCORRECT PATIENT 8 INSURANCE INFORMATION ; AND PROVIDING AND 9 EFFECTIVE DATE. 10 11 12 13 14 WHEREAS, Nsure, Inc., provides a unique service that will enable the EMS billing 15 division of Fire Recue to obtain insurance information in an efficient and reliable way; and 16 WHEREAS, with the efforts and information provided by Nsure the EMS billing 17 division will be able to submit a greater number of ambulance transportation claims for 18 reimbursement thus increasing the overall revenue for EMS transports; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon 20 recommendation of staff, has deemed it to be in the best interests of the citizens and residents 21 of the City of Boynton Beach to authorize the City Manager to sign an Agreement with Nsure, 22 Inc., to provide the service of locating missing or incorrect patient insurance information. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Manager is hereby authorized to sign an Agreement with 29 Nsure, Inc., to provide the service of locating missing or incorrect patient insurance S:ACA\RESO\Agreements\Agreement With Nsure(Locate Patient Insurance)-Reso.Docx Page 30 of 356 30 information , a copy of which Agreement is attached hereto as Exhibit"A." 31 Section 3. That this Resolution shall become effective immediately upon 32 passage. 33 PASSED AND ADOPTED this day of , 2019. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Ty Penserga 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Queenester Nieves 57 Deputy City Clerk 58 59 60 61 (Corporate Seal) 62 S:ACA\RESO\Agreements\Agreement With Nsure(Locate Patient Insurance)-Reso.Docx Page 31 of 356 AGREEMENT AND TERMS OF USE This Agreement and Terms of Use (Agreement), is entered into by and between Nsure, Inc. ("Licensor"), with its principal place of business at 548 Market Street in San Francisco, CA 94104 and City of Boynton Beach("Licensee"), with its principal place of business located at 3301 Quantum Blvd. Suite 101 Boynton Beach, FL 33426. This Agreement is effective as of 2019 ("Effective Date"). RECITALS A. WHEREFORE, Licensor warrants that it is the owner and that it has the right to license the Software, Data, Documentation, and Services (as those terms are defined below); and B. WHEREFORE, Licensee desires to license, and Licensor is willing to grant a personal nonexclusive license to Licensee of, the Software, Data, Documentation, and Services, subject to the terms, conditions, limitations, and restrictions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. Definitions. The following capitalized terms have the meanings set forth below when used in this Agreement: a. "Authorized Users" means the directors, officers, and employees of Licensee that Licensee authorizes to use the Software, Data, Documentation, and Services. b. "Data," except as otherwise provided herein, means any of Licensor's or any third- party data vendor's digital data sets. C. "Demographic Verification" means Licensor's software product that locates and/or corrects information regarding a patient's name, social security number, date of birth, address and/or telephone number for patients. d. "Documentation" means all of the printed and digital materials including, but not limited to, help files, user reference documentation, training documentation, or technical information and briefings. e. "Insurance Discovery" means Licensor's software product that identifies potential 271 payer responses for the Licensee, including available payer information such as insurance eligibility, plan start date, co-payments, deductibles, coverage type and plan description details for patients. f. "Insurance Verification" means Licensor's software product that identifies 271 payer responses for the Licensee, including available payer information such as insurance eligibility, plan start date, co-payments, deductibles, coverage type and plan description details for patients. i Proprietary and Confidential Page 32 of 356 g. "Self-Pay Analyzer" means Licensor's software product that identifies patient propensity to pay, available credit, monthly household income, federal poverty level percentage, healthcare recovery score, collection accounts, trade accounts and employment records. h. "Licensee Data" means data Licensee provides Licensor, including, without limitation, data for patients whom the Licensee has provided care, or, if the Licensee provides billing services or collection services on behalf of a healthcare provider, for patients to whom the healthcare provider has provided care i. "Software" means the actual copy of all or any portion of Licensor's proprietary software technology, computer software code, components, web portal, dynamic link libraries (DLLs), underlying organization, object model, and programs delivered on any media, including any release provided in source, object, or executable code format(s),inclusive of backups,updates, service packs, patches, hot fixes, sample code, sample application, sample extension, or merged copies permitted hereunder. j. "Services" means software services or third-party data components that perform Demographic Verification, Insurance Discovery, Insurance Eligibility or Self-Pay Analyzer functions, tasks, or data services and are accessed over the internet. k. "Transaction" means each unique trip number entered into Licensor software. Transactions must be unique based on the date of service patient was provided care by Licensee. 2. Intellectual Property Rights and Reservation of Ownership. The Software, Data, Services, and Documentation are licensed and not sold under this Agreement. Licensor and its licensors own the Software, Data, Services, and Documentation, which are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights, inclusive of trade secrets. From the date of receipt, Licensee agrees to use reasonable means to protect the Software, Data, Services, and Documentation from unauthorized use, reproduction, distribution, or publication. Licensor and its licensors reserve all rights not specifically granted in this Agreement.Licensor and its third-party data licensors reserve the right to improve or make changes in its offerings of the Services and its associated Software, datasets, or information at any time. 3. Grant of License. Subject to the terms of this Agreement, Licensor grants to Licensee a personal, nonexclusive, nontransferable license to use the Software, Data, Documentation, and Services for which the appropriate license fees have been paid to Licensor. 4. User Accounts. Licensee will receive a sufficient number of accounts to serve its Authorized Users. Licensee agrees to provide Licensor with the names and email addresses of all Authorized Users, upon Licensor's request. Licensee acknowledges that Licensor may monitor Licensee's use of the Software and Services to ensure that it remains in compliance with this Agreement for the duration of the term. All persons using the Software or Services (with or without Licensee's authorization) will be bound by this Agreement and Licensee shall be responsible for all actions taken on its accounts. 5. Usage Restrictions. Users may only access the Software,Data and Services in connection with patients whom the Licensee has provided care, or, if the Licensee provides billing services or collection services on behalf of a healthcare provider,for patients to whom the healthcare provider i Proprietary and Confidential Page 33 of 356 has provided care. Users may not: (1) reverse engineer, decompile or disassemble Software, Services or their elements; (2) copy, alter, modify, adapt,translate or create derivative works from Software, Services or any portion of the Data; (3) make any of the Software, Services or Data available for third-party use; or (4) remove any copyright, trademark or other proprietary notices from the Software, Services or Data. 6. Monthly and Transaction Fees: Licensee shall pay Licensor the following monthly subscription and individual transaction fees: a. A monthly subscription fee of $1,249 which includes up to 250 demographic verification and insurance discovery transactions per month; and i. An individual transaction fee of$3.99 per insurance discovery transaction for each transaction in excess of 250 per month. ii. An individual transaction fee of$0.99 per demographic verification transaction for each transaction in excess of 250 per month. b. An individual transaction fee of$0.30 per insurance verification transaction. C. An individual transaction fee of$0.99 per self-pay analyzer transaction. Licensor shall refund any and all fees paid to Licensor from Licensee in the event that Licensor is unable to locate ten (10%)percent of claims with active, billable insurance coverage during the initial clean-up batch. Licensor shall have the right to increase the subscription and transaction fees on renewal by providing written notice to Licensee at least one hundred and twenty (120) days prior to the renewal date. 7. Payment Terms. Licensee shall pay an initial implementation and training fee of $999 upon execution of the Agreement. Licensor will invoice Licensee each month thereafter for the prior month's transaction fees,if any, and the current month's monthly subscription fee on or about the 5' day of the month. Licensee's payment for any outstanding fees shall be due on the 15' of the month and will be automatically paid via ACH. Licensee agrees to complete and provide to Licensor an ACH authorization form to allow for automatic payment via ACH. Overdue payments shall bear interest at the lessor of twelve percent (12%) per annum or the maximum rate allowed under applicable law. Licensor may suspend or terminate access to Software, Data, Documentation and/or Services if payment is past due and any suspension therefore shall not constitute a material breach of the terms of this agreement. 8. Term of Agreement; Cancellation Rights: This Agreement will be in effect for a period of two (2) years. Notwithstanding the aforementioned, Licensor or Licensee may terminate this Agreement during the first forty-five (45) days of the initial two-year term, with or without cause, by providing the other party written notice of its intent to cancel the Agreement. This Agreement will automatically renew for successive one(1)year terms unless sixty(60)days notice is provided prior to the end of the term of this Agreement. Licensee shall be responsible for payment of all transaction fees incurred prior to termination and a prorated monthly subscription fee for the number of days the Agreement was in effect through the termination date. Except as expressly provided herein, either party may only terminate this Agreement if the other party has breached a material term of the Agreement, and the breaching party has failed to 3 Proprietary and Confidential Page 34 of 356 �E`tis�tuutct��`rs} remedy such breach within thirty (30) calendar days following written notice of said breach. Upon any termination of this Agreement, Licensee shall immediately cease all use of the Software, Data and Services. If Licensee terminates this Agreement early without cause outside the first forty-five days of the initial two-year term, Licensee agrees it will be responsible for payment of a termination fee equal to the greater of: (1)the subscription fee multiplied times the number of months remaining in the Agreement term; or(2)the Licensee's average monthly invoice for subscription and transaction fees during the current term multiplied by the number of months remaining in the Agreement term. 9. Service Level Agreement. Subject to completion of any Software installation, Licensor will make its Software, Data, Documentation, and Services available to Licensee during the Agreement term and subsequent renewal term(s) as set forth in the Agreement. Licensee is responsible for the selection and use of telecommunications,internet access, and any other systems and services required to access the Software, Data, Documentation, or Services and any charges associated therewith. 10. Limited Warranty and Disclaimer. Licensor warrants that its Software, Data, Documentation, and Services will perform in all material respects as described so long as Licensee uses the Software, Data, Documentation, and Services in the manner authorized herein. Licensor makes no warranties with respect to Software, Data, Services, or Documentation used in a manner not authorized herein. Licensee acknowledges that the information and data provided through the use of the Software and Services is derived from third-party sources, and that Licensor has not undertaken a separate investigation to confirm its validity. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE, DATA, DOCUMENTATION AND SERVICE FUNCTIONABILITY WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS OR THAT THE OPERATION OF THE SOFTWARE, DATA, DOCUMENTATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT LICENSOR WILL CORRECT ALL SOFTWARE, DATA, DOCUMENTATION OR SERVICE ERRORS. IN ADDITION, LICENSOR DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SOFTWARE, DATA, DOCUMENTATION OR SERVICES AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE,DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SOFTWARE, DATA OR SERVICES. LICENSOR WILL USE GOODFAITH IN OBTAINING AND ASSEMBLING DATA FROM THIRD-PARTY SOURCES IT CONSIDERS RELIABLE BUT DOES NOT GUARANTEE THE ACCURACY NOR COMPLETENESS OF ANY DATA PROVIDED; MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD-PARTY DATA; AND DISCLAIMS ALL LIABILITIES ARISING THEREFROM OR RELATED THERETO. As to conflict with terms of warranty, the BAA shall prevail. 4 Proprietary and Confidential Page 35 of 356 11. Confidentiality. Licensee acknowledges that the Software, Data, Documentation, and Services constitute property with intellectual property rights of substantial value to Licensor. Licensee agrees to take such security measures to prevent the unauthorized duplication, distribution, or use of Software, Data, Services or Documentation equal to that which Licensee uses to protect its own proprietary information, and in no event will such measures be less than commercially reasonable. Licensor acknowledges that Licensee data constitutes property with intellectual property rights of substantial value to Licensee. Licensee agrees to take such security measures to prevent the unauthorized duplication, distribution, or use of Licensor data and its elements to which Licensor has access equal to that which Licensor uses to protect its own proprietary information, and in no event will such measures be less than commercially reasonable. A party may disclose the other parry's confidential information if required by any judicial or government request, requirement, or order, provided, however, that such parry will promptly notify the other party of any such request, requirement, or order prior to disclosure, and will cooperate with the other party should the parry contest any such request, requirement, or order. 12. Use and Retention of Licensee Data. Except as otherwise expressly provided in, or otherwise inconsistent with, this Agreement,the Business Associate Agreement entered into by the parties contemporaneous herewith is hereby incorporated in this Agreement by reference with the same force and effect as if set forth herein. If Licensee seeks to use Licensor's Software, Data, Documentation, or Services to access and analyze Licensee Data, Licensee: (i) represents that it has the right to provide such data to Licensor and will provide such data to Licensor in compliance with applicable legal requirements; (ii) appoints Licensor its agent and authorizes it to use, copy, store, modify and display Licensee Data through Licensor's Software, Data, Documentation, or Services for Licensee's benefit; and (iii) authorizes Licensor to access Licensee Data to provide quality assurance, perform software maintenance, and deliver Licensee Data, Services, and technical support. During the term of the Agreement and for thirty (30) calendar days after termination, Licensor will preserve and maintain Licensee Data and,upon written request,provide Licensee with a data file containing the Licensee Data for a commercially reasonable fee. Thereafter, Licensor will have no obligation to preserve or return any Licensee Data, but may preserve Licensee Data pursuant to its document retention policies. 13. Indemnification by Licensor. Licensor will defend, indemnify, and hold harmless Licensee against all claims and expenses, except as specifically excluded herein, arising from any third-party claim alleging that Licensor's Software, Data, Documentation, or Services infringe upon the United States copyright, trademark, or service mark rights of any third-party (an "Indemnified Claim"), if Licensee: (a) has used Licensor's Software, Data, Documentation, or Services, as the case may be, in full compliance with this Agreement; (b) promptly notifies Licensor of the claim; (c) allows Licensor to have sole control of the defense and settlement of an Indemnified Claim (though Licensee may participate in its own defense at its own expense); and (d) provides Licensor with the authority, information and assistance that Licensor deems reasonably necessary for the defense and settlement of the Indemnified Claim. Licensee shall not consent to any judgment or decree or do any other act in compromise of any such Indemnified Claim without first obtaining Licensor's written consent. If an Indemnified Claim is brought or credibly threatened, Licensor shall have the option, at its sole expense, to obtain for Licensee the right to continue using Licensor's Software, Data, Documentation, or Services, or to modify Licensor's Software, Data, Documentation, or Services so that they become non-infringing. If neither of the foregoing remedies are commercially feasible, Licensee may terminate the Agreement for the infringing Software,Data,Documentation, or Services. The indemnity set forth in this Section shall be Licensee's sole and exclusive remedy for any intellectual property 5 Proprietary and Confidential Page 36 of 356 infringement claim arising out of Licensee's use of Licensor's Software, Data, Documentation, or Services. In case of Data breach by Licensor, any and all fines or costs of mitigation shall be borne by Nsure, Inc. as BAS and not by Licensee. 14. Indemnification by Licensee. Licensee will defend, indemnify, and hold harmless Licensor against all claims and expenses, except as specifically provided herein, arising from any third-party claim relating to the provision of Licensee Data in violation of this Agreement or any other agreement by which Client is bound, if Licensor: (a) has used such Licensee Data in full compliance with this Agreement; (b)promptly notifies Licensee of the claim; (c) allows Licensee to have sole control of the defense and settlement of such claim (though Licensor may participate in its own defense at its own expense); and (d) provides Licensee with the authority, information and assistance that Licensor deems reasonably necessary for the defense and settlement of the claim. Licensor shall not consent to any judgment or decree or do any other act in compromise of any such claim without first obtaining Licensee's written consent. 15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY ARISING UNDER SECTIONS 5, 12, 13 AND 14, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY IN CONTRACT, TORT, OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS, REVENUE OR DATA), EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF ANY PROVISION OF THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR HAVE ANY LIABILITY FOR CLAIMS RELATING TO BUSINESS DECISIONS MADE BY LICENSEE IN RELIANCE UPON THE SOFTWARE, DATA, DOCUMENTATION, OR SERVICES PROVIDED. As to conflict of Limits of Liability,the BAA shall prevail. 16. Miscellaneous. a. Successor and Assigns. Neither party will assign the Agreement without the other's written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, (i) Licensor may assign this Agreement without Licensee's consent to an affiliate of Licensor, or to a successor to all or substantially all of its business, assets, and obligations; and (ii) upon written notice to Licensor, Licensee may assign this Agreement to a successor to all or substantially all of its business, assets, and obligations, provided (x) such entity is not deemed by Licensor to be a competitor of Licensor, and (y) such entity agrees in writing that it will be bound by the terms and conditions of this Agreement. b. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No amendment, modification, extension, or cancellation of this Agreement shall be binding on the parties unless mutually agreed to and executed in writing by each of the parties. C. Force Majeure. If the performance of Licensor under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond its control,then Licensor shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s). 6 Proprietary and Confidential Page 37 of 356 �E`tis�tuutct��`rs} d. Governing Law. This Agreement shall be governed and construed under the laws of Palm Beach County,Florida without regard to its conflict of laws provisions. Neither party will contest transfer to the suit to Federal jurisdiction. e. Severability. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. L Notices. All required notices will be delivered by reputable overnight delivery service to the principal place of business for each party as set forth herein. g. Survival of Terms. The terms set forth in Sections 11, 12, 13, 14, 15 and 16 shall survive the expiration or termination of this Agreement. h. Counterparts. This Agreement may be executed in counterparts, all of which,taken together, shall be deemed one (1) original. i. Israel. Licensor is not against the country of Israel or people of Israeli descent. j. Public Records. 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: i. Keep and maintain public records required by the CITY to perform the service; ii. 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; iii. 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 iv. 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. v. 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: Proprietary and Confidential Page 38 of 356 (CITY CLERK) 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. CITYCLERK@BBFL.US k. 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 contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. NSURE,INC. CITY OF BOYNTON BEACH Signature: 79e�--��,4�t& Signature: Name: Michael Ciullo Name: Title: CEO Title: Date: 6/26/19 Date: s Proprietary and Confidential Page 39 of 356 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement, dated , 2019, between City of Boynton Beach ('the Licensee") and Nsure, Inc. ("the Licensor") is executed for the purpose of ensuring that Licensor carries out its obligations to the Licensee in compliance with the privacy and security regulations pursuant to the Health Insurance Portability and Accountability Act of 1996, Subtitle F Administrative Simplification, Sections 261, et seq., as amended ("HIPAA")(Pub. L. 104-191), including all pertinent regulations (45 CFR Parts 160 and 164 "Security and Privacy Regulations") issued by the U.S.Department of Health and Human Services as either have been amended by Subtitle D of the Health Information and Technology for Economic and Clinical Health Act (the "HITECH ACT"), as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). This Agreement encompasses Licensor's assurance to protect the confidentiality,integrity, and security of any personally identifiable protected health information("PHI")that is collected,processed or learned as a result of the services provided to the Licensee by Licensor, including any such information stored and transmitted electronically, referred to as electronic protected health information("e-PHI"). Licensor agrees that it shall: 1. Not use or further disclose PHI except as permitted under this Agreement or required by law; 2. Use appropriate and commercially reasonable safeguards to prevent use or disclosure of PHI except as permitted by this Agreement and all applicable laws; 3. Work to mitigate,to the extent practicable, any harmful effect that is known to Licensor of a use or disclosure of PHI by Licensor in violation of this Agreement. 4. Report to the Licensee any unauthorized use or disclosure of PHI not provided for by this Agreement of which Licensor becomes aware; 5. Require that any agents or subcontractors to whom Licensor provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to Licensor with respect to such PHI; 6. Provide an accounting of all unauthorized uses or disclosures of PHI made by Licensor as required under the HIPAA privacy rule or any breach of unsecured PHI as required by the Security and Privacy Regulations within 60 days; 7. Make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Licensor's and the Licensee's compliance with HIPAA and the Security and Privacy Regulations; The specific uses and disclosures of PHI that may be made by Licensor on behalf of the Licensee include: 9 Proprietary and Confidential Page 40 of 356 1. Receipt and storage of e-PHI related to billing claims resulting from services provided by customers of the Licensee; 2. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by customers of the Licensee; 3. Transfer of e-PHI with claims data sent to carriers and insurers via electronic means including via use of a medical billing Clearinghouse. Licensor shall assume the following obligations regarding electronic Protected Health Information(e-PHI): 1. Licensor shall implement commercially reasonable administrative, physical and technical safeguards designed to protect the confidentiality, integrity and availability of the e-PHI that it creates, receives, maintains or transmits on behalf of the Licensee. 2. Licensor shall require that any agent, including a subcontractor,to whom it provides e-PHI that was created,received,maintained or transmitted on behalf of the Licensee, agrees to implement commercially reasonable administrative, physical and technical safeguards designed to protect the confidentiality,integrity and availability of such e-PHI. 3. Licensor agrees to alert the Licensee of any security incident(as defined by the HIPAA Security Rule)or breach(as defined by the Security and Privacy Regulations)of which it becomes aware, and the steps it has taken to mitigate any potential security compromise that may have occurred, and provide a report to the Licensee of any loss of data or other information system compromise as a result of the incident. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their duly authorized agents. NSURE,INC. CITY OF BOYNTON BEACH Agent: Michael Ciullo Agent: Title: CEO Title: Sign: Sign: Date: 6/26/19 Date: io Proprietary and Confidential Page 41 of 356 ACH AUTHORIZATION FORM Company Information Company Name: Company Address: Company City: State: Zip Code: AP Contact: Phone AP Email Address: Banking Information Bank Name: ABA Routing #: Account#: Account Type: ❑ Checking ❑ Savings (Check One) Company Authorization Please sign below to confirm that you are authorizing to begin transferring payments for your invoices to/from the account mentioned above. Signature Printed Name Title Date ii Proprietary and Confidential Page 42 of 356 r r ! lbik, !I IM lk S R is�} rr2 �t yt� Iti! t��I�t�11��lllllllil�t �Allt<<t kkf 4g �1 r r r� CS C i Q.1(% i G1 Q • E ui N � ++ O p •O ZZ Z o cn +.+ z p H � •� O Q.1 v ++ 4A O tw •� t `~ a N H •L H ' 4-0 i i O •� r_ O 4.3 H 3 4-0 4-J Q p H m .� •_ U . ci4-0n •� w a, z i = 4A O CA •� 4A ._ V m m V '� ate+ ate+ 0 M M 0 O H cn V o v J J Q Cf) r- co 0 CTJ C14 2 0 (Y) CY) cy') LO Lr) C\j 0 0 z C) FM as U) U) 0- >1 Va ) 7p (3) 0 (3) CL W Co WCY) C\j Cl) cr) LO Lr) CD U) 0) E E E m m U) z z cu Q) U) U)CC7 T3 9J C1J C: Li- 0 D- 0 C) WN o 0 V '` a' c o3 . a E m 4-1 0 w o c6' oC vi .2 Q 0 0 0 0 CD LLI CDC V 000 co DC ' C • - ON C) C) .. Z Z CCL bD 4-0 a v N O W -0 z •- u u � � � � � •N of � � � "4�I rl `; a. 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O Ln N 2 (D 4al Ba 420)i 4 Ln Ln Ln' Ln v v v o a � • v o o v C3 C3z 06 U- LLI < E v a ai v C: C I LUv u co V) '' O CO z LLJ E 0 • Q . • � .• � O O mi i . � • • : Z v Q v v 0 o � s a v ~ � � v o v v o a � a � o v � Q, o r r r� 1I`t k � lk S R r�r2 �t yt� Iti! t�'�l��I�t�11��llhlllil�t �All t<<t t tt4� � I )�)jj It'll 444111 ��}�}tf))) -.Y Sole Source Vendor To Whom It May Concern: The only other company providing demographic verification, insurance eligibility, insurance discovery and self- pay analysis within one web-based system is Payor Logic, Inc. Nsure, Inc. and Payor Logic, Inc. have an agreement in place utilizing each other's resources and therefore have a non-compete in place. Reason being, Nsure acts as Payor Logic's sales and marketing arm for the small to mid-sized healthcare market, and in return, Nsure uses the Payor Logic technology and support staff. Therefore, the only option to use our technology is through Nsure, for the reason being that if City of Boynton Beach were to approach Payor Logic, Payor Logic is contractually required to send City of Boynton Beach back to Nsure for any sort of business arrangement. Respectfully, Michael Ciullo President & CEO mciullo@nsuresearch.com (925) 605-6876 i Proprietary and Confidential Page 56 of 356 6.B. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-073-Approve Phase I I (Change order#1) with Wynn & Sons Environmental Construction CO. Inc. for the resurfacing of the Family Course's cart pathways at the Golf course in the amount$84,755.20 plus a 10% contingency of$8,475.52 for a total expenditure of$93,230.72. EXPLANATION OF REQUEST: On May 21St, City Commission approved Resolution R19-056 authorizing the City Manager to sign a Phase I contract utilizing the Palm Beach County Contract#2017055 with Wynn & Sons Environmental Construction CO. Inc. for the resurfacing and installation of cart pathways on the Championship Course at Boynton Links 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. After the primary project was awarded, sufficient funds remained to make improvements to the Family Course at Boynton Links. Therefore staff recommends a change order to expand the scope of the original contract to include the resurfacing of the family course. The cost for additional scope is $84,755.20 plus a 10% contingency of $8,475.52 for unforeseen conditions for a estimated total expenditure of$93,230.72. The project is scheduled to begin as soon as the prior contract work is completed. Ideally, the contractor will not have to demobilize but continue on with the work. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide the Golf Course properly repaired cart paths for its customers. FISCAL IMPACT: Budgeted CIP Project Funds will be transferred from the Golf Course-Entry Road Project (302-4501-572.63-01, GF1805) to Golf Course-Pave cart path project(302-4501-572.63-01, GF1803). ALTERNATIVES: Do not to proceed with the project and keep family course cart paths that are old and in need of repair. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 57 of 356 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Change Order with Wynn & Sons D Attachment Cost Estimate D Contract Signed City's Piggy-back contract with Wynn & Sons D Resolution Signed Resolution authorizing the Piggy-back of PBC Contract with Wynn & Sons Page 58 of 356 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING CHANGE ORDER #1 WITH WYNN & 5 SONS ENVIRONMENTAL CONSTRUCTION CO., INC., FOR THE 6 RESURFACING OF THE FAMILY COURSE'S CART PATHWAYS 7 AT THE GOLF COURSE IN THE AMOUNT OF $84,755.20 PLUS A 8 10% CONTINGENCY OF$8,475.52 FOR A TOTAL EXPENDITURE 9 OF $93,230.72; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, staff is requesting approval of Change Order #1 for $84,755.20 plus a 12 10% contingency of $8,475.52 for unseen conditions for an estimated total expenditure of 13 $93,230.72; and 14 WHEREAS, after the primary project was awarded, sufficient funds remained to make 15 improvements to the Family Course at Boynton Links; and 16 WHEREAS, therefore staff recommends a change order to expand the scope of the 17 original contract to include the resurfacing of the family course; and 18 WHEREAS, staff is recommending that the City Commission approve Change Order 19 #1 with Wynn & Sons Environmental Construction Co., for the resurfacing of the Family 20 Course's cart pathways at the Golf Course in the amount of$84,755.20 plus a 10% contingency 21 of$8,475.52 for a total expenditure of$93,230.72. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 28 approve Change Order #1 with Wynn & Sons Environmental Construction Co., for the CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\242641 EF-10BA-4BBC-BB18-1 D7BE2B5F7DA\Boynton Beach.1 7368.1.Wynn_Sons_Change_Order_#1_- Reso.docx Page 59 of 356 29 resurfacing of the Family Course's cart pathways at the Golf Course in the amount of 30 $84,755.20 plus a 10%contingency of$8,475.52 for a total expenditure of$93,230.72 a copy 31 of the Change Order#3 is attached hereto as Exhibit"A". 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of , 2019. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Justin Katz 41 42 Commissioner—Mack McCray 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 49 VOTE 50 ATTEST: 51 52 53 54 Queenester Nieves 55 Deputy City Clerk 56 57 58 59 (Corporate Seal) CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\242641 EF-10BA-4BBC-BB18-1 D7BE2B5F7DA\Boynton Beach.1 7368.1.Wynn_Sons_Change_Order_#1_- Reso.docx Page 60 of 356 WYNN&SONS ENVIRONMENTAL CONSTRUCTION CO. INC. Estimate WEST PALM BEACH,FL.33411 !3575 6/28/2019 , 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 8-023 ACSC TYPE S-III (1 1/4) PER SY 9,971.2 8.50 84,755.20 Total $84,755.20 Page 61 of 356 i I PATHWAY AND MINOR CONSTRUCTION CONTRACT F This Agreement is made as of this day of 2019 by and between WYNN & SONS ENVIRONMENTAL CONSTRUCTION,tC ., 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, FI. 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 1.0% contingency of $17,772.00 for any unforeseen conditions for a total estimated expenditure of$195,492.50 at prices based on Palm s 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: xi AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this t 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 L Annual Pathway and Minor Construction Contract Project No. 2017055 for pathway and minor z construction and other related tasks throughout Palm Beach County currently through July 22, F 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. 'r Page 1 I� SACA\AGM'TS\Pi yback(PBC x Wynn)Resurface Pathways Agtnt.Doex 151 Page 62 of 356 � sx� 9 t i B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager k City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 'r Telephone: (561)742-6010/Facsimile: (561)742-6090 i 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: I 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 r 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 £t 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 � ^ti of false certification was made in error. If Contractor does not demonstrate that the City's A 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: N ,1rY Page 2 &\CA\AGM TS\Piggyback(PBC-Wynn)Resurface Pathways Agmt.Doex I� f� Page 63 of 356 i a 1) Keep and maintain public records required by the CITY to perfonn the service; j 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. I` �i i" { 5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES,TO THE 61 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS ;> RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN t OF PUBLIC RECORDS: i} (CITY CLERK) 3301 QUANTUM BLVD. Nk BOYNTON BEACH, �FL 33435, I �4 561-742-6061. CITYCLERK*BBFL.US i S,P 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 ,t 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. r , 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 �t term or condition,including fees,charges or costs,which the City determines to be more favorable Al t t �zr Page 3 I� ::\C"A\AGMTSTiggyback(PBC-Wynn)Resurface Pathways Agtnt.Uoex Page 64 of 356 s _. I (F than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. ,r Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. i€ I 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. i I CITY OF BOYNTON BEACH, FLORIDA ATTEST: �.a B .. y Lori LaVerriere,City Manager City Clerk l � # a APPRO D S �RM: 4tti James A. Cherof, y Art ey I( 1++ t, A 4' 14 Ijt << WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC. x WITNESS " 'Al r BY: ,. a _ JPelynn Title: President 4„ ATTEST: j3 � 1 J a F SECRI / 45 f Isi i� t ;t� i ,sib! }�s t Page 4 SXkA6MTS\Pi yback(PBC-Wynn)Resurface Pathways Agmt.Docx ,� s{ Page 65 of 356 ,3 r RESOLUTION NO. R19....... A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING UTILIZING THE PALM BEACH COUNTY CONTRACT NO. 2017055 WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO, INC., FOR THE RESURFACING AND INSTALLATION OF CART PATHWAYS AT THE GOLF COURSE IN AN ESTIMATED ANNUAL EXPENDITURE OF $177,720-50 PLUS A 10% CONTINGENCY OF $17,772.00 FOR A TOTAL ESTIMATED EXPENDITURE OF $195,49150-9 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Engineering Department is requesting to utilize the Palm I Beach County Contract #2017055 with Wynn & Sons Environmental Construction Co., Inc., I for CIP Project GF 1803 for installation, repairs and improvements tote City's Golf Course I!, pathways, curbing and other asphalt and curb repairs; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon the 2 recommendation of staff, deems it in the best interest of the citizens and residents of the City Z of Boynton Beach to approve and authorize the City Manager to sign a Contract with Wynn& 2' Sons Environmental Construction Co., Inc., to provide resurfacing and installation of cart 2 pathways and curbing at the Golf Course based on the Palm Beach County Annual Pathway 2 and Minor Construction Contract Project No. 2017055 through July 22, 2019 but which is 12 scheduled to be extended byte County through January 22, 2021 in an estimated annual 2 1 expenditure of $177,720,50 plus a 10% contingency of $17,772,00 for any unforeseen 21 conditions for a total estimated expenditure of$195,492.50. 2� NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: SACATESO�AgreemenWN&g 'th wyni,(resurface pathway tic) y-back-118C"i sat -ReSoAccX Page 66 of 356 Cl tom, I ;C' I I'l.L',k, 11 �Am 's ll%Tcbxnd k'rd'l I I m'.kl ;�y 116 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. The City Commission of the City of Boynton each hereby approves and authorizes the City Manager to sign a Contract with Wynn & Sons Environmental Construction Co., Inc, to provide resurfacing and installation of cart pathways and curbing at the Golf Course based on the Palm each County Annual Pathway and Minor Construction Contract Project No. 2017055 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 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". -Ili in That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this CZ1 day of 2019. CITY OF BOYNTON BEACH, FLORIDA 7 YES NO Mayor–Steven B.'Grant ----------- nA' ............................ Vice Mayor–Justin Katz Commissioner–Mack McCray Commissioner–Christina L. Romelus Commissioner–Ty Penserga VOTE —------------ A ('I:rk, (Corporate Seal) I % Hf�' assts h:' WlIreI �k it Page 67 of 356 PATHWAY AND MINOR CONSTRUCTION CONTRACT This Agreement is made as of this ..... day of�..... .. . . � 1 between WYNN SONS " 1 . N. 6 TAL O TRUCTI , Cap a Floridacorporation ith an address of 7268 Belvedere Road"West Palm Beach, F1. 33411 "Vr:(NN"or"Contractor"), and THE 1T" p BOYNTON BEACH, a Floridalcip l corporation,oration, ith a mailing of Post Office Box 3 10,Boynton Beach,FL 33425 (the"City"). RECITALS The °ity"s Enginewing DepartmentEngine is working on CIP Project:t ' 803 for installation,repairs and improvements to the City's Golf Course pathways arra is requesting to use WYNN which will provide the Golf Course with new and repaired cad paths for its customer, in addition to improving curbs and parking lots in need of repair; and WHEREAS, WYNN,has agreedto allow the City to piggy-backthe Palm Beach County Annual Pathway way anal Minor Construction Contract Project No. 2017055 for pathway and minor construction nd other related to s s throgout Palm Beach County currently through July 22, 2019 but which is schedulod to be extended by the County throughJanuary 22, 2021 frr err wimated annual expenditure of $177,720.50 plus a 1(r/o contingency of $17,772.00 for any foreseen conditions for a total estimated expenditure of$195,492.50 at prices based on Pal Beach County contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein.,and for other valuable consideration received, the receipt sufficiency of° which are hereby acknowledged,the parties s follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby in.corporatcd in this Agreement. �Leqtion 2. The 'ity and WYNN agree that WYNN shall provide, murfacing and installation of cart pathways and curbing at the Golf Course based on the Palm Beach County nal Pathway and Minor Construction Con of 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 thmugh Jan.uary 22, 2021 in an estimated nal expenditure of $177,720.50 plus a 10% contingency of $17,772000 for any unforescen conditions for a total estimated expenditure of$195,492.50,a copy of which is attached her to as Exhibit"A",except as hereinafter provided: , All references to balm Beach County, shall be deemed as references o the City of Boynton Beach, Venue for any litigation arising der this g ent must be in a court of competent t jurisdiction in Palm Beach County,Florida. page, 1 ,�C",kC S '3' � i Cat(PBC- ' )F-csur&m Pathways AgPA.D0tX Page 68 of 356 All' oticcs to the Keep and maintain pu li records required by the CITY to perfo.rrn the s .rvi . Upon request fr rnn the t ITY's custodian ofpublic records. provide the `ITY witlr a copy of tln requested records or allow the:records to be inspected r copied within a reasonable time t s cost that does not exceed the cost provided in chapter 119, Fla, Stat. or as otherwise provided by tart; Ensure that public rds that are exempt or that are confidential and exempt ftoin, public record disclosure requirements are rnotdisclosed except as authofized by law for the duration n f the,Agremient terra and, following compl ti rn of the contract,Contmelorshall destroy all Anis of such confidenti al and exempt records remaining in:its possession once the Contractor transfers the records in.its possession to the CITY; and Upon completion ofth contract,Co ntrs ttnr shall transferto the CITY,at no cost to the I f , all public records in Contractor's possession All records stored electronicallyby Contractor must be provided to thITY, uponrequest from the CITY'scustodian of°public records,s,i a format that is compatible with the in.fbimation technology systerms of the crl y, . CONTRACTOR CHAPTERAPPLICATION OF T O THECONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ., CONTACT THE CUSTODIAN OF PUBLIC RE'CORDS: (CITY CLERK) 3301 QUANTUM BLVD. BOYNTON BEACH, FL, m 561-742-6061. Section 3. In the event that the Palm Beach County Contract is amended, or ternfinated, WYINN shall notify the Citi*within tern I days. In the event the Palm Beach County Contract is amended or temiinated prior to its expiration, this Agreemeat shall remain in fell force and effect,and not be deerned amended or terminated,urntil specifically aniended or wrininated by parties hereto. Section 4. WYNN agrees that in the evert it enters in-to a in-tContract for the, same r substantially similes scope:of services with another local goverrunent in Florida which contains s term or condition,including fees,6harges or costs,which the City determines t be more favorable Page Page 70 of 356 than the wnns in this Contract,the parties shall enter into an Addendum to provide those teens to the City. Section 5, The insurance required shall require that.the Certificate of Insurance name the City of'BoynAon Beach as an addifional insured. Section 6. In all other aspects,the tenns and conditions of the Palm Beach County Contract are hereby ratified and shall remain hi full force and effect under this Contract,as provided by their tenns. IN WITNESS OF THE FOREGOING,the parties have set their hwids and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA AITEIST� J-LA In, el ................... By:_ Lori LaVuniere,City Manager i�y Clerk C,1 2 "S 4', . 'y Jan,,,�cs A, 4 11"I" WYNN &SONS ENVIRONMENTAL CONSTRUCTION CO., INC. BY" ........... ........... e Title: President -7 V f 01 .......... -------- SECRI.......... Page 4 S- ,`(,j%\AGMTS,%Pj&gyb&c1-(PBC a Wynill ResuTrace fthways ApntDmx Page 71 of 356 6.C. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R119-074-Approve a resolution of the City of Boynton Beach supporting the creation of a Community Redevelopment Agency (CRA) in the Village of Palm Springs, FL. EXPLANATION OF REQUEST: The City has received a request(email attached)from the Village Manager of Palm Springs, FL requesting a Resolution/Letter of Support for the Village's request to establish a CRA within their community. Mr. Rich Reade, Village Manager, will be present to speak to the Commission. In March 2018 the Village sought approval of a new CRA from the Board of County Commissioners and were not approved. Boynton Beach had passed a Resolution supporting their effort at that time. The creation of a new Community Redevelopment Agency requires the approval of the Board of County Commissioners. The Village will go before them again on August 20, 2019 to seek approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: Not approve the Resolution. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 72 of 356 ATTACHMENTS: Type Description D Resolution Resolution supporting the CRA creation for Village of Palm Springs D Addendum Email request for support Page 73 of 356 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN 3 SUPPORT OF THE CREATION OF A COMMUNITY 4 REDEVELOPMENT AGENCY (CRA) WITHIN THE VILLAGE OF 5 PALM SPRINGS, FLORIDA; AND PROVIDING AN EFFECTIVE 6 DATE. 7 WHEREAS, the Village of Palm Springs is requesting Palm Beach County to create a 8 Community Redevelopment Agency (CRA) that would provide infrastructure improvements, 9 public safety and economic/financial investment that would contribute to an improved quality 10 of life for many residents and businesses within the Village and the County; and 11 WHEREAS, the proposed CRA districts would be located within Palm Beach County 12 Commission District 2 — Commissioner Greg K. Weiss and District 3 — Commissioner Dave 13 Kerner; and 14 WHEREAS, Florida Statutes allow local governments to establish a CRA under 15 Chapter 163, Part HI, F.S.; and 16 WHEREAS, CRAs are a unique public implementation tool for local governments to 17 leverage tax increment financing to remedy conditions of"slum and blight" where they exist; 18 and 19 20 WHEREAS, CRAs offer a public/public opportunity for counties and municipalities to 21 collaboratively facilitate private investment to advance economic development, create jobs, 22 address affordable housing, expand infrastructure, improve safety, and enhance quality of life 23 for all County residents, especially residents within County Commission Districts 2 and 3; and 24 25 WHEREAS,the Village of Palm Springs has adopted a Finding of Necessity,prepared 26 in compliance with Chapter 163, Part I11, F.S. that documents the presence of "slum and 27 blighted" conditions within two areas of the Village,including the Lake Worth Road CRA Sub- 28 District and the Congress Avenue CRA Sub-District; and 29 30 WHEREAS, the Village has determined the establishment of a CRA is the appropriate 31 mechanism to remedy the conditions of"slum and blight"that are present within the CRA Sub- 32 Districts as defined in the Finding of Necessity; and 33 34 WHEREAS,the Village has worked collaboratively with Palm Beach County to review 35 the "slum and blighted" conditions in the two CRA Sub-Districts; and 36 37 WHEREAS, the County has reviewed the Finding of Necessity data prepared by the 38 Village and determined there is sufficient data to allow the Village to establish a CRA consistent 39 with Florida Statutes; and 40 41 WHEREAS, the Village has proposed a joint Village/County redevelopment approach 42 with common goal-setting,project prioritization, resource allocation, and implementation; and 43 1 S:ACA\RESO\Legislative Actions\Supporting The Creation Of The CRA In Palm Springs(2019)-Reso.Docx Page 74 of 356 44 WHEREAS, the joint Village/County redevelopment approach is consistent with 45 Florida Statutes and the Palm Beach County Charter and will help implement the 46 comprehensive plans of Palm Beach County and the Village of Palm Springs. 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 49 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 50 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 51 being true and correct and are hereby made a specific part of this Resolution upon adoption 52 hereof. 53 Section 2. The community redevelopment approach as proposed by the Village of 54 Palm Springs, in partnership with Palm Beach County, will be beneficial to the residents, 55 businesses, and property owners located within the City of Boynton Beach. 56 Section 3. The City of Boynton Beach is in full support of the establishment of the 57 Village of Palm Springs CRA. 58 Section 4. The City Clerk is requested to forward the approved and executed 59 Resolution to each of the Palm Beach County Commissioners(and copy the Palm Beach County 60 Administrator and the Village of Palm Springs Village Manager) prior to the County 61 Commission's Meeting on Tuesday, August 20, 2019. 62 Section 5. This Resolution will become effective immediately upon passage. 63 PASSED AND ADOPTED this day of , 2019. 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 67 Mayor— Steven B. Grant 68 69 Vice Mayor—Justin Katz 70 71 Commissioner—Mack McCray 72 73 Commissioner—Christina L. Romelus 74 75 Commissioner—Ty Penserga 76 77 VOTE 78 ATTEST: 79 80 81 Queenester Nieves, Deputy City Clerk 82 83 (Corporate Seal) 2 S:ACA\RESO\Legislative Actions\Supporting The Creation Of The CRA In Palm Springs(2019)-Reso.Docx Page 75 of 356 LaVerriere, Lori From: Andrea McCue <AMcCue@greenacresfl.gov> Sent: Friday,lune 28, 2019 5:21 PM To: Andrea McCue Subject: Village of Palm Springs - CRA Resolution of Support Request Attachments: Template - Resolution Supporting Creation of CRA in Palm Springs -2019.docx Good afternoon, Please see the below message from Palm Springs Village Manager Rich Reade requesting support for the establishment of a CRA in the Village. Any questions can be directed to Rich. Have a great weekend! Good afternoon everyone... I writing to request your assistance/support with the establishment of a CRA within our community. I am hoping that you would be willing to present a Resolution (See attached template)to your elected body to support Palm Springs' efforts to create a CRA to provide infrastructure improvements, public safety and economic/financial investment that would contribute to an improved quality of life for many residents and businesses within the Village and the County. We have been told that our request meets the requirements of state statute; however, after the failed request last year, we are hopeful to obtain as much support as possible to show the County Commission the real need that we have for this important funding option. The County Commission is planning to consider our request on Tuesday, August 20th (we do not know the time, but have requested a time certain) and I believe that a Resolution from the cities surrounding our Village and within the County would help to show our need (and the support) for a CRA within the Village. Also, if you and/or members of your elected body are available to attend the meeting to comment on behalf of the Village's need for a CRA, we would be extremely grateful. As we learn more about the time that we are expected to be heard on the County's agenda, I will keep you all in the loop... I have attached a template Resolution in support of the Village's request to create a CRA within our community for your consideration. Please feel free to change it as you find necessary... If possible, we would like to receive all of the Resolutions of support prior to the August 20th meeting so that we can provide them to the County Commission in advance of their consideration of our request. Thank you in advance and please let me know if I could ever be of assistance to you and/or your community in the future. Have a great day. Richard J. Reade Village Manager Village of Palm Springs, Florida 1 Page 76 of 356 6.D. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Approve the addition of the following job classification in the City's Pay Plan: Police System Engineer EXPLANATION OF REQUEST: The Network Administrator position within the Police Department's Technical Services Unit is currently vacant. This has provided an opportunity to review the organization to determine improvements that could be implemented to increase efficiency and enhance our capabilities to ensure Criminal Justice Standards and Training Commission compliance as it relates to our technological infrastructure. Moreover, the Technical Services Unit continues to absorb responsibilities for the specification, acquisition, configuration, and ongoing support of an increasing number of complex technology systems supporting Public Safety activities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The number and complexity of information technology systems in use by Public Safety continues to increase. The reclassification of a Network Administrator as a new Systems Engineer position will allow the Police Department's Technical Services Unit to recruit and hire the qualified technical staff required to manage the myriad of technology systems used by Law Enforcement personnel to fulfill their mission. FISCAL IMPACT: Budgeted This reclassification is accomplished without additional headcount: Network Administrator to Police Systems Engineer Current Grade: 22 ($53,255.77—$79,884.34) Recommended Grade: 26 ($59,548.17- $89,322.94) Reports to: Police Technical Services Manager ALTERNATIVES: Do not approve the proposed changes of the current job classifications, thereby filling the position of Network Administrator. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 77 of 356 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Organizational Chart D Other Personnel Allocation-Reorg D Other Job Description Page 78 of 356 � m- n x� a LO 0 0 u w � a VE d E Eao 3 V a W z a � g � d V Z� Fw E t15 eg -- y a ,, bszk E�w °a� u°cd _ u ao'.e V v u V G > `apo<� o m C `m =. 0 E„aE man l6 E E W .. 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N 0 C O O O N Q 0% N 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q N Lo. Co. N ('7 p. _ N_ O O O N a 0 N LO (Y) 4- 0 O rn a� c� a 0 0 V) N .C: E Q L 0 Z C 0 L tN N U 0 N O 00 0 00 00 * * O * * O LO LO O O O O 6 -q C-3 c� o6 6 6 00 00 0 0 0. m = z O O o 0 m N C6 (Y) CL o a' W N N 0% U Go 00 O O NV C LO C7 Go 4- 0 00 O O U CN (,3 (Y W O ~ a U D 00 O O O N O c a 00 o O a N Ol ZCL C14 C14 Z Ir��II h+q /W LO (N V A N a a Z m a U s J U � N H NJ O Q Nul N_ C � � .0 N � O � W H > U QL- a CL 1L 0 LO (Y) 4- 0 N N C) 000 O E N Q 0% N 00 0 00 O O O O O M N a O � N Proposed Grade: 26 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: Police Systems Engineer PURPOSE OF CLASSIFICATION The purpose of this classification is to perform advanced technical and professional work in analysis and implementation of information systems technology, to maintain server and networking systems, and to provide user support on hardware and software applications. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment forthis classification. Other duties may be required and assigned. Performs complex studies of the department to identify areas for the application of information systems technologies, identification of project funds, conducting cost/benefit analysis, development of Requests for Proposals (RFP's), evaluation and award of bids, and project management of information technology implementations. Leads projects from concept through production deployment. Provides direction to other personnel assigned to projects. Works effectively with outside contractors, vendors and other City staff through the proposal and implementation processes. Administers various computer server and network operating systems and databases; monitors performance and capacity of systems for excessive loading problems, disk space utilization, and other operating problems; monitors and queries network and server equipment to verify proper operation and analyze results. Provides "help desk"services to Police Department employees using computer systems. Controls network operations by establishing user accounts, security levels and access rights. Diagnoses, troubleshoots, and repairs problems on computer hardware, local area networks, databases, and printers; modifies the proper functioning of the central computer system and individual user units; performs system tests on a periodic basis; makes system modifications as needed; returns defective computer equipment to manufacturer for repair or replacement. Receives and unpacks new computer shipments and checks components against purchase orders; configures and delivers computer systems; installs computer hardware systems and peripherals; installs software and utility applications on computers and network servers; configures network equipment and virtual private network (VPN) for remote user access. Installs and relocates cable drops and computer equipment as required for departmental needs. Page 1 Created: March 2019 Page 93 of 356 City of Boynton Beach, Florida•Systems Engineer Adds, removes, and replaces hardware system components on network servers to increase capacity and efficiency; modifies software applications or network operating systems to remedy problems, add features or increase performance. Sets up and modifies database codes on department computer systems. Researches, evaluates, and recommends purchasing options and vendors for upgrading and replacing computer system components; compiles price quotations, prepares purchase requisitions and supporting documents. Monitors and verifies accuracy of automated backup systems on computers; performs system user file restorations as needed. Schedules archiving of system data; transfers records to permanent storage. Refers to on-line computer help, the Internet, computer manuals, technical documentation, blueprints, schematics, professional journals, and other resources in performing assigned job duties. ADDITIONAL FUNCTIONS Performs the duties of the ITS Manager in his/her absence. Performs other related duties as required. COMMUNICATION COMPETENCIES The ability to clearly communicate Department and City Goals, Policies, Strategic Plans and other key information to employees and peers using multiple communication platforms including e-mail and social media. Effectively communicates with supervisor, employees, other departments, contractors, engineers, companies, vendors, outside agencies, the public, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. Accurately and expeditiously receives and delivers messages and information to the appropriate individuals. Ability to prepare accurate and thorough written records, memos and reports. Ability to understand and follow oral and written instructions and to complete assigned tasks with minimal supervisory direction. Ability to understand and quickly and accurately follow brief oral and written instructions on moderately complex matters. KNOWLEDGE, SKILLS & ABILITIES • Knowledge of, and the ability to utilize formal project management, application development, and strategic planning techniques and methodologies. Page 2 Created: March 2019 Page 94 of 356 City of Boynton Beach, Florida•Systems Engineer • Knowledge of, and the ability to analyze business workflows with the intent to identify inefficiencies and recommend process improvements. • Knowledge of the vendor bid process. Ability to create and prepare documents for submission to a vendor bid process. • Ability to communicate effectively in both a written and verbal manner with customers, subordinates, peers, upper management and public officials. • Ability to analyze data and prepare analytical reports. • Ability to analyze, troubleshoot and resolve software application/platform issues. • Ability to use various software applications and functions including desktop publishing, spreadsheets, word processing, multi-media presentations, databases, mapping, graphics, flow charts, and other system software. • Ability to manage and support web pages and applications,their design, and implementation. • Ability to establish and maintain effective working relationships with those contacted in the course of the work including vendors, contractors, community groups, outside agencies, public officials, City employees and management. • Ability to simultaneously and effectively manage tasks, priorities and deadlines. • Ability to initiate and implement administrative procedures. MINIMUM QUALIFICATIONS Bachelor's degree in computer science, management information systems, business, engineering or a closely related field; supplemented by four (4) years previous experience performing server and/or network administration duties in a multi-user environment and technical project management. Must possess and maintain a valid Florida driver's license. PREFERRED QUALIFICATIONS Certifications in areas of Project Management (PMP, Project +, CPTM), Networking (Cisco, Network +, or other networking vendor certifications), and other technical certifications (Microsoft, Comptia, Axis, etc.) PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (20 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Tasks require the ability to perceive and discriminate colors or shades of colors and visual cues or signals. Tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as traffic hazards. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. Page 3 Created: March 2019 Page 95 of 356 City of Boynton Beach, Florida•Systems Engineer A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. Page 4 Created: March 2019 Page 96 of 356 6.E. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ended May 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 eight (8) month period ended May 31, 2019 (67% 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: Budgeted 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 $ 74,954 82% $ 87,487 $ 70,850 81% 4.2% 5.8% &Transfers Expenditures $(91,124) $(64,241) 70% $(87,487) $(58,164) 66% 4.2% 10.4% Excess (Deficit) $- $ 10,713 $ $ 12,686 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $10.7M surplus for the period ending May 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 97 of 356 The property tax rate for FY 2018-19 is 7.9000 mills, no change from the prior year; the net property taxes of $36.3M 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 eighth month in FY 2018-19, revenues and transfers realized are approximately $74.9M or 82% of the budget estimate compared to $70.8M or 81% realized to date in FY 2017-18. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $35.2M or 97% of $36.3M as compared to $32.7M or 96% 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 eighth month period ending May 31 (67% of the fiscal year) are $64.2M that is 70% 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 $64.2M or 70% of the FY 2018-19 budget. At this point in the fiscal year, FY2018-19 spending levels are $6.11M ahead of the $58.11M or 66% expended in FY 2017-18 for this same period, mainly due to Town Square costs. 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 $ 32,884 68% $46,544 $ 31,845 68% 4.6% 3.3% &Transfers Expenditures $ (48,708) $ (31,656) 65% $ (46,544) $ (29,198) 63% 4.6% 8.4% Excess (Deficit) $- $ 1,225 $- $ 2,647 For the eighth month period in FY 2018-19, • Revenues realized are $32.8M (68%) of the annual budget estimate. • Expenditures incurred are $31.6M (65%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $1.2M. Expenditures (Exhibit D)— Utility Fund FY 2018-19 expenditures to date are $31.6M or 65% of the annual Page 98 of 356 appropriation compared to expenditures of $29.1 M or 63% 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 May 31, 2019 D Addendum GF Statement of Expenditures thru May 31, 2019 D Addendum OF Statement of Revenues thru May 31, 2019 D Addendum OF Statement of Expenditures thru May 31, 2019 Page 99 of 356 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2019(67%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 $ 43,067,006 98% $ 41,458,358 40,048,507 97% LESS TIF TAXES TO CRA 7,816,311 (7,823,321) 100% 7,360,831 (7,336,119) 100% NET TAXES TO THE CITY 36,330,675 35,243,685 97% 34,097,527 32,712,388 96% LICENSES AND PERMITS BUSINESS TAXES 1,750,000 1,678,324 96% 1,731,000 1,692,407 98% BUILDING PERMITS 2,965,000 2,649,803 89% 2,712,000 2,001,738 74% FRANCHISE FEES 4,915,000 2,962,853 60% 4,865,000 3,200,621 66% OTHR LICENSES,FEES&PER 222,000 169,156 76% 222,000 195,254 88% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 17,734 24% 85,000 32,594 38% STATE SHARED REVENUES 8,852,000 5,942,533 67% 8,677,000 5,876,584 68% SHRD REV FROM OTHR LCL 335,000 240,491 72% 335,000 107,240 32% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 124,663 151,981 122% 121,300 137,657 113% CHRGS-GENERAL GOVT 508,688 323,304 64% 507,800 343,009 68% PUBLIC SAFETY 6,981,200 6,781,172 97% 6,086,500 5,324,332 87% PHYSICAL ENVIRONMENT 20,000 10,815 54% 20,000 13,401 67% CULTURE/RECREATION 411,500 292,733 71% 428,700 297,467 69% INTEREST&MISC REVENUE LIBRARY FINES 30,000 8,935 30% 30,000 12,905 43% VIOLATIONS LOCAL ORD. 393,000 328,583 84% 643,000 138,869 22% INTEREST EARNINGS 65,000 159,068 245% 65,000 10,410 16% RENTS AND ROYALTIES 363,800 335,580 92% 368,800 342,143 93% SPECIAL ASSESSMENTS 6,589,000 6,558,813 100% 6,589,000 6,572,574 100% SALE OF SURPLUS MATERIAL 1,500 8,502 567% 1,500 1,600 107% OTHER MISC.REVENUE 4,264,000 471,869 11% 4,715,145 1,712,795 36% INTERNAL FUND TRANSFERS TRANSFERS 15,927,000 10,618,000 67% 15,067,850 10,045,233 67% FUND BALANCE APPROPRIATED - - 0% 118,100 78,733 67% Total Revenues $ 91,124,026 $ 74,953,934 82% $ 87,487,222 70,849,954 81% $100,000 Two Year Cumulative Revenue Comparison and CFY $91,124 $90,000 -Budget-($in thousands) $80,000 lea® $70,000 �u Y. "v $60,000 .� i 4" �+ $50'000 „r $40,000 $30,000 $20,000 - � $10,000 6' s� $D ......... ....f Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2 017-18 Actual Cumulative 2018-19 Actual 2018-19 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S:TinaneeTinancial Reports\Monthly Financial Reports\FY2018-2019AFY1819 Budget Review-GF-thru May 19 Summarized001 Revenue Summary Revised Page $AUG,of 356 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2019(67%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 $ 188,730 68% $ 267,301 $ 179,272 67% CITY MANAGER 745,932 554,153 74% 746,362 499,095 67% CITY HALL/GEN.ADMIN. 3,837,051 1,828,771 48% 6,230,163 3,604,483 58% MARKETING/COMMUNICATIONS 464,668 292,187 63% 333,846 212,687 64% SPECIAL EVENTS 251,714 63,621 0% 0 0 0% TOWN SQUARE 5,630,454 3,913,389 0% 1,500,000 75,764 0% CITY CLERK 763,171 490,814 64% 569,241 372,222 65% CITY ATTORNEY 574,761 344,311 60% 724,916 442,942 61% FINANCIAL SERVICES 1,348,593 986,069 73% 1,184,980 795,967 67% ITS 2,439,074 1,633,169 67% 2,143,805 1,385,853 65% HUMAN RESOURCES 815,343 542,427 67% 824,823 494,625 60% PUBLIC SAFETY UNIFORM SERVICES 17,307,392 12,892,308 74% 17,039,645 12,126,210 71% ADMINISTRATIVE SERVICES 3,452,639 2,224,957 64% 3,266,135 2,237,986 69% SUPPORT SERVICES 10,381,854 7,563,150 73% 9,953,470 6,935,306 70% FIRE 24,018,134 18,472,446 77% 24,270,971 17,208,141 71% COMMUNITY STANDARDS 2,219,335 1,412,508 64% 2,066,791 1,427,189 0% EMERGENCY MANAGEMENT 28,775 3,414 12% 22,320 4,406 20% BUILDING&DEVELOPMENT DEVELOPMENT 1,172,208 887,432 76% 1,136,941 789,683 69% BUILDING 1,487,060 985,159 66% 1,502,497 919,090 61% ENGINEERING 659,397 427,835 65% 622,155 390,919 63% PLANNING&ZONING 713,629 461,096 65% 756,125 487,145 64% ECONOMIC DEVELOPMENT 463,475 278,002 60% 412,318 201,756 49% PUBLIC WORKS PUBLIC WORKS 152,825 111,890 73% 245,550 197,536 80% FACILITIES MANAGEMENT 1,915,028 1,200,702 63% 2,023,598 1,100,541 54% STREETS MAINTENANCE 1,200,324 741,222 62% 1,127,135 657,631 58% LEISURE SERVICES LIBRARY 2,336,700 1,485,454 64% 2,315,127 1,552,032 67% SCHOOLHOUSE MUSEUM SERV 322,094 205,921 64% 254,971 171,374 67% RECREATION 3,011,935 2,014,925 67% 3,005,874 1,929,981 64% PARKS&GROUNDS 3,133,819 2,028,241 65% 2,940,162 1,748,346 59% CRA REIMBURSABLE&RESERVES - 6,546 0% - 15,743 0% Total Expenditures $ 91,124,026 $ 64,240,849 70% �$-- 87 487 222 $ 58,163,925 66% $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 z& � $60,000 $50,000 1 $40,000 3 a ° CS Cx1 G] $30,000 I Uyhb yup` $20,000 3 $10,000 Sg$0 1--------- ------- z--------- ----r---------- ----r---- ---? ------- --T-------- T-------- 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-tlu May 19 Summarized001 Expenditure Summary Revised Page 1- l/o,of 356 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2019(67%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 $ 15,112,868 67% $ 21,675,000 $ 14,845,625 68 WATER CONNECTION FEE 150,000 46,390 31% 150,000 35,340 24 WATER SERVICE CHARGE 850,000 611,965 72% 850,000 629,320 74 WTR-BACKFLOW PREVNTR TEST 14,000 9,865 70% 10,000 12,696 127 RECLAIMED WATER SALES 310,000 335,915 108% 64,000 224,720 351 SEWER SERVICE 19,635,000 13,079,206 67% 18,870,000 12,828,717 68 STORMWATER UTILITY FEE 4,100,000 2,700,848 66% 3,800,000 2,576,148 68 TELEVISE SEWER LINES 10,000 10,642 106% 5,000 8,574 171 FEES 20,000 45,809 229% 20,000 1,929 10 INTEREST INCOME 35,000 156,150 446% 35,000 (26,829) -77% SALE OF SURPLUS MATERIAL 2,000 - 0% 2,000 - 0 OCEAN RGE UT TAX ADM CHG 800 648 81% 800 564 71 MISCELLANEOUS INCOME - 78,254 0% - 466 0% FUND BALANCE DECREASE(INCREASE) 1,039,304 692,869 67% 1,061,993 707,995 67 TOTAL REVENUES $ 48,708,104 $ 32,881,429 68% $ 46,543,793 $ 31,845,265 68% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 _ Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) $50,000 h ,,bey $48,705 b� �b3 I 3g ' ',. $40,000 5 � b $30,000 o, e �yc,tio ti titi �� h $20,000 9 I I $10,000 c, 1 ',. $0 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 May 19 Summari-d401 Rev Sum Page 102 of 356 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2019(67%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 $ 1,236,827 63% $ 1,946,158 $ 1,190,923 61% PUBLIC WATER TREATMENT 6,590,080 4,314,270 65% 6,009,493 3,447,975 57% METER READING&SERVICES 1,324,231 877,774 66% 1,284,678 831,301 65% WASTEWATER COLLECTION 1,620,043 1,023,939 63% 1,674,357 1,001,454 60% WASTEWATER PUMPING STATNS 2,861,825 1,709,526 60% 2,810,391 1,630,181 58% SEWAGE TREATMENT 4,856,000 2,983,828 61% 4,550,000 2,439,623 54% WATER QUALITY 644,646 386,782 60% 642,397 423,601 66% UTILITY ADMINISTRATION 17,911,961 11,481,648 64% 17,046,237 11,220,428 66% UTILITES ENGINEERING 1,523,222 1,042,238 68% 1,478,276 1,016,233 69% STORMWATER MAINTENANCE 1,255,446 758,449 60% 1,148,994 708,714 62% CUSTOMER RELATIONS 1,175,261 848,907 72% 1,226,307 800,500 65% DEBT SERVICE 6,987,200 4,991,483 71% 6,726,505 4,486,698 67% Total Expenditures $ 48,708,104 $ 31,655,671 65% $ 46,543,793 $ 29,197,631 63% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) $50,000 $48,708 hti 0 $40,000 ,.�`0..... X41 I , $30,000 a� ^� $20,000 �5,mow o , $10,000 $o A - 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 May 19 Summari-d401 Exp Sum Page 103 of 356 6.F. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Approve revisions to and addition of project(s) to the Fiscal Year 18-19 approved surtax projects. EXPLANATION OF REQUEST: The City Commission approved a list of projects for FY 18/19 to be paid with Government Surtax 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 distribution 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 will 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 added and/or changed since 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 Commission and the City's Citizen Surtax Oversight Committee. To that end, staff will 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 modifications to existing and additional projects with proposed budget dollars. All additional projects will be funded by making budget adjustments with existing Surtax dollar projects. 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 four projects in the FY 18/19 budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Facility maintenance work is critical to keep, restore or improve every part of a Facility/Building to a currently acceptable standard. FISCAL IMPACT: Budgeted The project budget adjustments merely recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. ALTERNATIVES: None STRATEGIC PLAN: Page 104 of 356 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? 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CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Accept surtax capital project status report for 3rd quarter of fiscal year 2018-19-April through June 2019. EXPLANATION OF REQUEST: The attached report is an update for the fiscal year 2018-19 capital projects that are funded through surtax funds. Projects are in varying stages and the report includes a status update for each project. Through J my 2019, the City has awarded approximately $4,454,223 worth of work from the surtax funds. With a majority of the work encompassing Sara Sims Park Improvements, Ocean Front Park, Wilson Park& Carolyn Sims Center, Denson Pool, Fire Training Facility at Fire Station#5, Street Paving, and Sidewalks. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? 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CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of June 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 June 2019: Purchase Order Vendor Amount 191124 Lawmen's & Shooters Supply $17,801.64 191125 Atlantic Southern Paving & Sealcoating $64,280.00 191126 Peninsular Electric Dist, Inc. $20,237.54 191129 1 Water, Inc. $18,000.00 191141 & 191159 Lowe's Home Improvement W hse $13,974.68 191148 Johnson-Laux Construction, LLC $10,925.35 191161 Atlantic Southern Paving & Sealcoating $34,845.21 191163 Insight Public Sector $16,397.50 191171 Atlantic Southern Paving & Sealcoating $109,473.07 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: Page 117 of 356 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 118 of 356 6.1. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Approve the Bid Award for "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" Bid# 030-1412-19/MFD to the following three (3) companies: Genuine Parts (Napa), Palm Truck and Truck Pro on a primary, secondary and third basis to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of$45,000. EXPLANATION OF REQUEST: Contract Term: August 17, 2019 thru August 16, 2021 On June 20, 2019, Procurement Services opened and tabulated four (4) bids for Large Truck Aftermarket Parts. All bids were reviewed by the Manager of Materials and Distribution. O'Reilly Automotive submitted a NO BI D. It was determined to recommend this award on a primary, secondary and third basis to three (3) companies. The award is based on the final item price and percentage discount. The award is as follows: Primary Truck Pro Discount 52% Final Item Price $711.18 Secondary Palm Truck Discount 24% Final Item Price $1,058.89 Third Genuine Parts (Napa) Discount 40% Final Item Price $1,646.69 The current bid#069-1412-17/MFD expires 8-16-19. This bid will begin once the current one expires. The initial bid term is for two (2) years with three (3) one year renewals at the same terms and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of large truck aftermarket parts, accessories and supplies. All orders are on an "AS NEEDED" basis and with high usage items being stocked at the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$45,000. FY 16/17 expenditures were $43,985.66 Page 119 of 356 FY 17/18 expenditures were $36,075.29 FY 18/19 expenditures to date are $33,276.80 ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet D Addendum Genuine Price Sheet D Addendum Palm Truck Price Sheet D Addendum Truck Pro Price Sheet D Addendum O'Reilly No Bid Page 120 of 356 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS,ACCESSORIES AND SUPPLIES BID#030-1412-19/MFD Genuine Parts Co.dba Napa Auto Parts 9250 NW 58th St. Doral,FL.33178 Phone:(954)249-0342 Contact:James Scalia Email:james_scalia@genpt.com ITEM DISCOUNT 1 40% ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT%FROM ITEM 1 FINAL ITEM PRICE Fuel Filter 2 Frei htliner#FF63009 FF63009 $111.99 40%OFF$67.19 Yellow Marker Light 2 Grote#53963 53963 $84.00 40%OFF$50.40 Leaf Springs 2 Freightliner#A16-16215-000 46-1317 $983.32 40%OFF$590.09 Brake Drum 2 Peterbilt#3796X 3796X $945.82 40%OFF$567.49 Brake Drum 2 Peterbilt#3807AX 3807AX $619.20 40%OFF$371.52 TOTAL FINAL PRICE $1,646.69 Genuine Parts Co.dba Napa Auto Parts 9250 NW 58th St. Doral,FL.33178 Phone:(954)249-0342 Contact:James Scalia Email:james_scalia@genpt.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS YES NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDA NA COMMENTS Page 121 of 356 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS,ACCESSORIES AND SUPPLIES BID#030-1412-19/MFD O'Reilly Automotive Stores 4040 North Dixie Highway Boca Raton,FL.33431 Phone(561)368-2893 Contact:Roanen Barron ITEM DISCOUNT 1 ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT%FROM ITEM 1 FINAL ITEM PRICE Fuel Filter 2 Freightliner#FF63009 $ %OFF NO BID Yellow Marker Light 2 Grote#53963 $ %OFF NO BID Leaf Springs 2 Frei htliner#A16-16215-000 $ %OFF NO BID Brake Drum 2 Peterbilt#3796X $ %OFF NO BID Brake Drum 2 Peterbilt#3807AX $ %OFF NO BID TOTAL FINAL PRICE NO BID O'Reilly Automotive Stores 4040 North Dixie Highway Boca Raton,FL.33431 Phone(561)368-2893 Contact:Roanen Barron BIDDER ACKNOWLEDGEMENT NONCOLLUSION AFFIDAVIT ANTI-KICKBACK AFFIDAVIT CONFIRMATION OF MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE PALM BEACH COUNTY INSPECTOR GENERAL LOCAL BUSINESS SCRUTINIZED COMPANIES ADDENDA SUBMITTED STATEMENT OF NO BID COMMENTS Page 122 of 356 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS,ACCESSORIES AND SUPPLIES BID#030-1412-19/MFD Palm Truck Centers 2441 S.State Road 7 Ft.Lauderdale,FL.33317 Phone:(954)584-3200 Contact:Frank Helfrich Email:fhelfrich@palmtruck.com ITEM DISCOUNT 1 24% ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT%FROM ITEM 1 FINAL ITEM PRICE Fuel Filter 2 Freightliner#FF63009 FF63009 $40.22 24%OFF$30.57 Yellow Marker Light 2 Grote#53963 LED539636RO $43.75 24%OFF$33.25 Leaf Springs 2 Freightliner#A16-16215-000 At 6-16215-000 $561.00 24%OFF$426.35 Brake Drum 2 Peterbilt#3796X 3796X $441.45 24%OFF$335.40 Brake Drum 2 Peterbilt#3807AX 3807AX $306.99 24%OFF$233.31 TOTAL FINAL PRICE $1,058.89 Palm Truck Centers 2441 S.State Road 7 Ft.Lauderdale,FL.33317 Phone:(954)584-3200 Contact:Frank Helfrich Email:fhelfrich@palmtruck.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS YES NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDA NA COMMENTS Page 123 of 356 ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS,ACCESSORIES AND SUPPLIES BID#030-1412-19/MFD Truck Pro LLC 324 Sunshine Rd. West Palm Beach,FL.33411 Phone:(561)798-8900 Contact:Chris Ethell Email:chris.ethell@truckpro.com ITEM DISCOUNT 1 52% ITEM DESCRIPTION PART NUMBER CURRENT PRICE DISCOUNT%FROM ITEM 1 FINAL ITEM PRICE Fuel Filter 2 Freightliner#FF63009 FF63009 $90.90 52%OF $43.63 Yellow Marker Light 2 Grote#53963 53963 $66.48 52%OF $31.91 Leaf Springs 2 Freightliner#A16-16215-000 46-1317 $807.48 52%OF $387.59 Brake Drum 2 Peterbilt#3796X 10041055 $261.96 52%OF $125.74 Brake Drum 2 Peterbilt#3807AX 61855 $254.81 52%OF $122.31 TOTAL FINAL PRICE $711.18 Truck Pro LLC 324 Sunshine Rd. West Palm Beach,FL.33411 Phone:(561)798-8900 Contact:Chris Ethell Email:chris.ethell@truckpro.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS YES NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDA NA COMMENTS Page 124 of 356 w 0 w E _ .E tL LL 0 0 LL LLI Ta LL in ts eq a F Lu '® ' LL U. uj rd M '9 —R uj Lu :wc >1 to IL n � � 96 r FL 49 2 ca �a Page 125 of 356 LL LL E LL LL 0 0 Al tR A, E Ta3 06 CP Cl LLJ km 4 Page 126 of 356 i uj 0 LULU m UA 23 b L L w TL LL 44 z �r wujFL � Ax RL LL d W e , Page 127 6f 356 0512212019 16:08 O'reilly Automotive Sales dept. (FAX)417 874 7198 P.0011001 STATEMENT OF NO RED If you are not bidding this servicelcommodity, please complete and return this form to; PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd„ Boynton Beach, Florida 33426. Failure to respond may rq*ult in deletion of vendor's name from the qualified bidder's list for the City of Boynton Deach. COMPANY NAME. O'Reit Automotive Stares Inc. dba O'Reil!y Auto parts ,ADDRESS: 4040 North Dixie Highway Baca Raton FL, 33431 TELEPHONE: (561) 368-2893 SIGNATURE: -Zo , DATE: 5/22/19 WE,the undersigned have declined to bid on your Bid No.030-1412W19CVM; "ANNUAL SUPPLY OF LARGEMEAVY DUTY VEHICLE AFTERMARKET PARTS,ACCESSORIES AND SUPPLIES" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform X Unable to meet specifications Unable to meet bond requirements _ Specifications unclear(explain below) Other(specify below) REMARKS: Cannot provide an example for every part in Item 2. IF YOU ARE NOT SMMrMNG A BID,RWASECO PWWORM AND ATO PROCUREM NT'SMVICO 29 Page 128 of 356 6.J. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 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 J my 16, 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). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM SOLICITATION NUMBER WASTE MANAGEMENT INTERLOCAL RESOLUTION R16-134 SEPTEMBER 14, INC. OF FLORIDA AGREEMENT FOR THE 2019 THRU DELIVERY OF SEPTEMBER 13, MUNICIPAL SOLID 2022 WASTE TO DESIGNATED FACILITIES AND FORA MUNICIPAL REVENUE SHARING RECYCLING PROGRAM HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 129 of 356 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Renewal Agreement D Addendum Original Agreement D Addendum Bid Extension Request Page 130 of 356 77te City of Boynton Beach sFinance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 June 14, 2019 EF: INTERLOCAL AGREEMENT FOR THE DELIVERYICI I T DESIGNATED ILITI FOR A MUNICIPICAL REVENUE SHARING YLI Resolution: 1 -13 CURRENT AGREEMENT TERM., 9114/2016-9/131201 Agreement between the City of Boynton Beach and Waste Management Inc. of FloridaI ) AGREEMENT RENEWAL TERM. 11 ? 9/13/202,2 _ __. Yes, I agree to renew the existing agreement under the same terms, conditions,and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Waste Management Inc, of Florida NAME OF COMPANY SIGNATURE DAVID M.MYNAN,PRES. NAME OF REPRESENTATIVE � TITLE r (please print) 0&/ /7j_/9 DATE -- - (AREA CODE)TELEPHONE NUMBER E--MA—IT- America's Gateway to the Gulf Stream Page 131 of 356 PROCESSING AGREEMENT THIS PROCESSING AGREEMENT Is made this INC.of Stof"6,2018 by and between WASTE MANAGEMENT OF FLORIDA ('W i " corporation, i , Beach,Pompano Florida 33073and the CITY OF BOYNTON BEACH, a Florida municipal P! Boynton Beach Boulevard, Boynton Beach, Florida. WITNESSETH: WHEREAS. WMIF owns and operates solid processingr centers being located In Palm Beach County with the closest proximityIn the Town of Lantana, which operatesifacilities marketprocess, recycle. and I usingI Chapter 403, Part P FloridaI the authority imunicipalities "to adequately plan and provide efficient, environmentally acceiptable solid waste management" and to "plan flor and regulate In economically feasible. cost-effective and environmentally manner the storage, collection, P separation, processing, disposalrecycling, and I health, i �. recover resources which have the potential for further "; ! fullyand WHEREAS, U-m WMIF facility at Lantana Is r I and licensed by the Solid Waste Authority of Palm. Beach County !4 4 the Palm Beach County Health Department, and the Florida I I available Irecycling goals and those required by Chapter 403, Part IV, FloridaIncluding limitedbut not reduce the amount of recyclable soliddisposed WHEREAS,statewide average of at least 75 percent; end WMIF willprovide Designdocumentation to support CITY's Leadership In Energy and Environmental t r CITY projects so designated. Page 132 of 356 NOW "I"HEREFORE, flor good and valuable c:-xinsiderastion, the partles agree asfollows, cx,xre,f.,.-,,t and Inc r1porated herein by ref nence. will rpecel-ve construction and demolition, debris as deerned In Chaphar 403, Part IV, Florida Statutx s from 'the CITY, The foreagoling sitiall Include yard v,,teste 3� The Initiall a m w, , year,s t. m fl-te dolu"r-A of execution by all par es., In addillon, the CITY' shall have .:wed. o;"' ,,o0` R re »mvow thh „tet $ emt ff:;r i?,`vlo i,.:dditio gal fi nskt ag ue periods by pr i li fig neAty (9 ,»',yam written ntitle e t:rf ft,;,s election >* so prior ,o he eyrs h 4. "�� 1, M aga, ; t(o ,f nge the C ` fr and �ittis CfE`Y gtnmm pay S. S45z00 per txonfor ,&D b. $45.00 per ton ft;r BuIM Wmst'sa nus n tr n Land Clearling Mate-d as em, $24-00 per ton 1"br Y r Wast C $65.00 per toin, fi,:,r Other C&D Waste not above flUsIxiid AAµfl. m''��tw Ia d�•�am'' aaed or �� .X e by n.R�=� City f6r pocu��' ssa1€g shall shall not 0.001ntalnany reportable qsen ltd o° a 8V. e or psre ,fte waste, s�. tno9 or other r g lad £si to MAIMrrzay ,treject 'goads In whole or In rn,?,rt, "If 11treasonably believes su(:1h load does not confbrm w"th the above requlremenlbsp, Wi .a M A5 n shall use Ms, reasonable wese � ts to tt4l'3„sn 3he C1.11"Y m3 ;tcelvaig i.vvl appropria .e µ�qyo-wn " gira ,it3 firarn the SMAf4, and shall pirrYe any r, quhre,, docume3aron";„ flilngs, xndho confirmation of the CMPs documentation c,, ;its, eci:11in a Page 133 of 356 credits, All df ttl* CITY"'P. vehic es sh3lall be weig.1hed on ceart.1', ed scales and all vvellgh t1crikeft's shall reflaict recycled matrodal. 6 WMF egreses that pricr tc� flhe (,,,;r.,)mm9ncsment - this Ag.rceernent, they will an educational moit Ing vidth the CITY and thowir maMlecths.,id employeas to discuss hc�%r baA� facliftKate the fr'Lination"Ing of thie A�,greemwrvt and 'the coorclination of the partle&, WMI.','-,- agrees tc.,� conducAt, similar mestings on a yearly basis during th9t.,,T9rrn of theAgrilimment, 7. In the event of ai default by either pairty, ndth�m.,. shall be provicied to the paily alleged to be in dedoult settIng forth the riature, of said dlefrault and pr#.,.wMng a reasonable CLINS-, pewriod Itc# said dedzstift. If a dtofftRult 'As not correm c,:Ated during said 'Clurnme.? pe,rfir�W, the nion-dcWfaultingparty rneyternflnate thIs Agreeirteard by pravviding thil-rilty, (30" day' writit.4an newfice of soald termination,, 'I 8. WMIF agi-seets to Provide Insurvicrice mesting the rereuir"ements. set forth In Exhibit A and llheev shall be named as an additional Insured,. TheInsurance policay shall fffrtclude a provielon requiring thIrt, (30) dayesi-I notice the CI—Oe in the event of cu-im,-milation, term I netkon, or lepse In coveir-age, In addition to tth%,:� foreig, fing, WMIF agrem4es indiamnifle anid hold 'the 01"IfY and Its employes."a harmiless f m any and if fleability r4siziMnl; 110 WMIF'si awl0vitles pursuent toh'• tm ix to Rice exztent that they that are In bneam.Pt of J-Us or not In i ompfience witi-i applk:.eble law, rules or regultstlorn,z,, 11's negflgent or willfully wrx,,;,ngfi,,,,fl 93'. This Ak, rr-:mmen-t alhall be conisstrued In sc,,x.:ordancx%.,1 with the laws c,,,�f the SIAte of Florida aridjurleditzition and verme shall be In Pallm Beach Cotinty,,, 10. In the e%re,'int either Dant,y is rf quired 'U.) erift:,,�rt';-a this Agreemt�, nt 0,,tinough legal mcatlon, the p.re.,vonall Ing pew y, h I b,,, tt S all a entitled toressonabie atk:)rney's f5ees incunrood. "N 'WITNESS MEREOIF', t)he parties hav� executc,,ad this r 11 Alr;jreemerd the date ant".1 year fins;t wrlltten above. Sif,,ped, seWed and dellvered In the prf,,�.,zence ot Cl"I"'t," OF BOYNTON BEACH iflkttte SL: Page 134 of 356 ..l�.:wm 51.1itoiuwmmwmmi i��.�w.��m¢ami��w��ui wmt aw.mwu�yi a City Clerk Name: Title: INC. OF FLORIDA Name; Name: VAod+kuj ase Page 135 of 356 WWV1. 77W SE Brft RoW Hobe%XV4 FL 33455 (T?Z)54&7700 SePteMber , Public rSolid 222 KE 9th Ave. I BoVntm Beach,%rlda 3343SPublic Works Solid Waste alar RE: PROCESSING Dear Adrienne, As per sour request m8nmgernent is looking ark t*continue our relationship 1 rr In To reneW tMI contract we are offering the following prices for th'S WM-Sun 5 Facility In Lantana. s n Bulk Waste:$45/tan Rwfirw$45/ton Land aearing$45/ran Yard s Other C&D Waste: Be assured we will continue to provide the ho level of service Vou have cormi to expect , behalfrom On the ani a Management, s than r r business . look forward to continuing to serve you. If you shouldani questions,phase feel free to call. Respectfully , Matt Orr 863-623-709 In all 954-347-2506 � iQ*�e if Page 136 of 356 i i � _ I " F O OR $01„,W WASU SOLUT1010 FacilitySolid Waste Management fteflity Operating Permit No.SW 0065 CDO2 Facility Designation: Sun Recycling.LLrJ Sun 5 Facilitytons per day of construction/demolition dabne,yard huh and source separated recovered matenal generated m.Palm Besch County . mile north of the intersection of Lantana Road and on the north Honda.side of Hillbrath Drive,Lantana, Facility Owner Waft Management Inc.offlorids. Facility Opennor Bryan Tindall Daft of Iwuanoe: August 27,200 Daft of Renewal: October 14,2015 Date of Emqhiration: October 14,2018 Ike permittee hereby agrees to underb*e the wtivity fiw which this permit is issued m accordence with the attached General and Specific ConditiondL gilA 1��' - — r1ate The Solid i Conditions.designated fthty in sccorda=with the attached G=Md and.Specific Date Executive Director 7501 Nodh Jog Road,West Palm Beach,Flory (501)6640M FAX(581)90-300 Page 137 of 356 GENERALCONDITIONS no following tam, conditions, limitations, and mstrictions act fixth in this, Part are 'Vx=W purstrant to the provisions of Chapter 2001-331, Law of Florida and Solid Waste Authority of Palm Beach County(herein refeared tD as the Authority.) conditions"I The amw,. condition requirenrems, limitations and restrictions Bet forth in this permit, are "permit and we landing and eminceable parmant to PalmBeach County Solid Waste Act. 2. This permit is valid only for the speciflo processes and opetutions applied for and indicated in the approved drawbW or abibits. Any unaudeemad deviation hum the approved dreurings, altibits, specifications, or condifirms of ft permit may constitute grounds for revocation and onfirmement action by the Authority. 3. Ile ismance of this permit does not convey any vested rights or any exclusive privileM. Neither does it m9borin any injury to public or private property or any invuion requiredreplatkins. This permit is not a waiver of or approval of any other permit hurt maybe 4. This permit conver no tide to land or water, does not constitute receiinition or wilanaviedgemerA of tide. 5. 11h;purnit does not relieve the pennittee fiam, F lity for mam or irjwy to hirman health or wellare, asimul, or plant M6 or properly caused by the conshuction or operation of this pannitted source,or fiom pmdfin thaefiroe nor does it allow the Permittee to cam pollution in contervention of Florida Stauxtes and Department or Health Unit rules. 6 The perimuce shall properly operam and maintain the hality and rjacais part am rums.instalIed and used by the premium to achieve compliance with the conditions ofthis permit, or other pasmits requirod by Department This provision operstion of backup or amedhiry ` ` es or similar ryiftm when necessary to above complionce vnth the conditions of the permit and when required by Department miss. Page 138 of 356 a The by accepting this specifically agroes to allow e \ Aidbarity personnel,upon presentation of coulendals or other documents a may be required by law and at reasonable times,access to the 5 notice. ses where the permitted activity is located or conducted to: L Have access to and copy any recoicli;that must be kqA under conditions;of the permit;upon reasonable prior • hispect die. a i iseder this penult C. Sample or monstor any substances or parametem at any location reasonably jancesiazy to assure compliance with this permit or Authority rules. m ge time and reasonable pdar notice may for die above activities with any condition or a depend on the eatme of the concern being urvesOpsed. 8. M,for any reamn, die parmittm does not comply with or will be miable tD Comply limitation a unmediattly provide die Auffi"with the following inforewhon: It. The period oferincompliance,including don and timm; the anticipated • noncompliance doing taken to reduce, t'II'9k, aY'1' pereeftee which may result and may be suliject to enfincam@aa action by the Authority or by the Department for penalties or Itc meocation of thh;pennit. 9. in acceptin this permit,die pmmufte understands and agme dot all records, p monitoring data and odw hillarmation relating to the openteen of this peroutted simme which am mitanitted to the Audicuity may be used by the Authority as Moride,Saftice or Autaotity rules, Seen evidem shed anly be used to the extent it is consisted with the Florida Rules of Civil Rocedure and siVropriate eAdcalim 10. 110 PWMittft G9MM to comply with chaegas in after a reasonable time for Compliance; provided, howevee, die peritonea does rot anave any other didits pwied,by Florida StAutes or Authority rules to deallenp the appropriateness or validity of such changed rules or a Page 139 of 356 IL This `t Andwrity rules. Me: mumbee shall be liable for any non-compliance of to pectnitted activity until the transfer is appwvcd by die Audwrity. 12. INs permit or a copy thereof shall be kept at the work site of dre permitted activity. 13. Upon ratluest, the permittee Bhall ftniah all records and plans required under Audronty rules. Dintog rehrocrocat actions, the retention pound for all records will be extended automadcally 1 14. When requested by the Authority, relevantfinnish any hdanation required by law which is needed to determine compliance &M were not submitted or were incorrect in the permit application or in ony npat to &a Page 140 of 356 SFZCMC COMMONS Operating Persait Number No.SW 0065 CDO2 The following terms, conditions, limitation% and resixictions set hdh in this Part are "Specific Permit Conditions" and an binding on the Parmium Enforcement of those conditions ahall be pursuiset to the provisions of Chapter 2001-331, Laws of Florida and Authority rules adopted with all specific and gencral conditions listed within this permit and conduct the permitted activity in accoolam with all applicable rapffietionS Kd OU10111105. 2. The Pammice shall limit the receipt of material to cossaructiWdernelition dd)ris CJD,yard trash and source separated recovered materials. luddantal non-CM or nowyard hub which may be contained in materials delivered to the flicility shall be removed and bandied by flic . aw in accordsom with applicable law and this mamit 3pursuant site only as a canstruction1demolition, debris, yard tmsb and sorece separated reemsord 4. Ilm Permittee agrees to store uninucessed C and D materials,in volmism indicated on the WFVV@d OPMRC=d site PIM S. The Pandthis agrees dot no non-recyclable residue will rersam on the ate over 7 days. 6. The Paraittee"I dispose of all wade requiring disposal in a Class I or a Class III landfill at a Solid Waft Authority ficility. transaction7. The Premium shall submit monthly , in km or cubic yards,all owstractioulthanclition received at the site,the amount of CID shipped for processin& die amount of CID stoololed, and the disposed.A copy ofthe facility report form s amount of non-procassed material verifiables attached and hereby made part ofthe permit. 8. 7be Parmittee shall keep accurate and this permit. Page 141 of 356 9. In der event the Florida Department of Environmental, Protection waives or removes the rz:loircmeed for ft bond to clean up and close the facility, the pamittee shall notify the and the Authority shall require a bond for clen up and closm. The parmiam Authority, shall .A written proof of bond renewal an an armed basis. 10. The Pursifte shall Xnh and maintain a SWA disposal account for the disposal ofY Class I and Class M wow met may be gerozzled as a result of the fteesficting of CID gwarated.in Palm Buch County at the Sun V . law, or .t this Permit sliall constitute a violation of this permit and shall be gmunds for immediate sespension or mvocation ofthis permit at the election ofthe Authority Governing BoanL Page 142 of 356 ADDMONALSPECMCCONDMONS Opetaft Permit Number No.SW 0065 CDO2 I Ile facility will be utilized to process only construction demolition material in an enclosed buildielp 2. The fimility will only handle coustruction and demolition materials, and will not handle any sort.of wet huh or garbage. 3. Any loading of recovered materials will Ww place within the confines of the structure presently an&i1s. 4. There will be no outdoor storap of any materials whatsoever. 5. The existing structure will be totally enclosed. Them will be doors at the east and of the 11wility which can be opened to allow trucirs to enter and to leave, and them will be one roll-up door an the northern side of the Scility which will be opened only for the purpose of allowing bucks to exit the promises. 6. The building will be maintained in a fully and very heavily insulated(wells and ceiling) condition to mitigate against noise generated during the processing of CID within do buildin& 7. The enclosed building will maintain an-exhaust syMan which will blow to the south, coupled with fiftering sptem to trap any dust or pothole material and odors. 8. Company trucla; will not be piked,overnigbt along the north wall of the property, they will be parked chmahere on the site, prituarily along the east portion of the haffity, Bo that their exhand linnes and noise when started in the morning will not be close U) the people living to the norm. 9. The northern side of the well,which hens the residents,will be maintained in a clean and painted condition. 10. Waft Mmagenicat Inc. ill of Florida wmaintain landscaping along the north border of the facility between the north side of the wall and the chain link fence which abuts,the homes of the people living to the north of the fimility. ® Wade Management Inc.of Florida will maintain the landecapi on the portion of the mg property along the veMcle rq*r fiwility which Awas the Osborne Community Center and adjoining an=. Page 143 of 356 12, Waste Management Inc.of Florida will limit its hours of operation to: 7:00 a.m.to 7:00 p.m. for the processing of C/D debris,movement of trucks and external activities binding to the function of the waste processing facility. Work within the comosed buildinS such as clean up,and clerical,corporate,and/or office and business fisictions unrelated to the processing ficility am excluded lbsin these noun of operation limitations. 13. Upon receiving a request from the Osborne communitY,a tePrwcntativc Of Waste Management be.of Florida will arrange it quarterly macting of that community group at which marting a matter relating to the facility's operations will be diBoussed.and halsho win be available to respond to any Inues which relate to tire operation of its Ilicility;to be available fDr an ongoing dialog with representatives of the Osborne community to better understand the cancerns and problems winch may exist within the comnamiW,and,thus, hot&itself out,whom appiciaristo and possible,to be of assistance in mitigating or eliminating any such probamrs. waste management fac. of Florida shall proinde copies of any requests or correspondence conceining meetinip with the 05borne co=udtY to the Authority. Authority staff shall also request copies of all correspondence ragpirding Waste Mampment Inc. of Florida fivan the Osborne community group. WINIto Management Jnc.of Florida shall Band a representative to any reading selardmed by the Authorily with the Osborno community group,that concerns the 11scility. 14. waste Managentant Inc.of Florida will maintain an efibefive pea control policy and procedure. 15. Tracks,will both enter and exit the Mlity through the driveway off Of HiUbMth Street located at din south on portion of the Wlity. 16. No maintenance of ftsb and debris containers shall take place outside the hours of 8:00 &in.to 4:00 p.m.,Monday thraugh Satur6y. No mainumance of vehicles is mluwad� except for anuffsency vehicle eteenks to address unsalb operating conditions that require imwA&teauendm 17. Cwernignt perldeg of veldclas used for waste collection or transpork by the perarldee, and/or any affiliated busincues of the peruddep, shall be discontinued an the Pmel subject to this permit no later than November 10,2011. Collection or transport vehicles, underBoing maintemme or mpairs under the canopy designated for vehicle maintenance may be parked overnight while repairs am underway, but the maintenance CaSePY Shall not be used for parldie; collection or transport vehicles in semceabIc meliti0a, Autmobiles and light duty teecks .. pickup trimb) associated with the recycling business of the permitter may be parked overnight on the parcel subject to this permit Page 144 of 356 SOLID"IM X11 so!,-1,K)IN""I RECYCLING FACILITY MANAGEMENT REPORT MONnI PERMITTEE-. San Recyding LLC,Sun V PERMIT#iSW OW CDO2 ADDRESSi PHONE i 9544"18 CONTACT PERSON a - Cndg Ash CID Tabd Yard Trash Rndved YT Tow Same saparaw SHIPPED RECEIVING FACILITY WASTE TRANSHIPPED TO OTHERRECYCLING FACILITIES STOREDON SHIPPED SITE(10122) (tons) YT odiff DISPOSAL FACILITY class I Class M Rsm sipatue a e Print 7501 West Polm , Fladda 33412 ) . Page 145 of 356 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS July 16, 2019 REQUESTING DEPARTMENT.SOLID WASTE DEPARTMENT CONTACT. TERM:September 14,2019 to September 13,2022 SOURCE FOR PURCHASE:Agreement(Resolution R16-134) ACCOUNT NUMBER:431-2515-534-3462 VENDOR(S) Waste Management Inc.of Florida ANNUAL ESTIMATED EXPENDITURE:$310,000 DESCRIPTION: On October 4, 2016, City Commission awarded Resolution#R16-134 for Interlocal Agreement for the Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue Sharing Recycling Program. This initial term expenditure was$310,000. The Agreement allows for two(2)additional three-year renewal terms under the same prices, terms and conditions. The vendor has agreed to renew the Agreement for an additional three-year term. 6.K. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Authorize the City Manager to enter into an agreement for renewal of an annual subscription to Gale Legal Forms Database for one year in the amount of$2,315.25. EXPLANATION OF REQUEST: This subscription database provides unlimited access to a multitude of Florida legal forms through the Library's website. This is a Sole Source Vendor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This subscription database improves customer service by offering Florida legal forms for personal use. FISCAL IMPACT: Budgeted Annual subscription fee of$2,315.25 ALTERNATIVES: Do not renew subscription. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Gale Cengage Company START DATE: 10/1/2019 END DATE: 9/30/2020 CONTRACT VALUE: 2,315.25 Page 147 of 356 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Attachment Subscription Agreement D Attachment Sole Source Letter D Attachment Renewal oral Page 148 of 356 Gale Cengage Terms of Use Last Updated.January 2019 Revised by City ofBoynton:June 24, 2019 Introduction Thank you for using the Gale web-based services and related apps and technologies provided by Cengage Learning, Inc. and its affiliates ("Cengage"). The term "Services" as used in these Gale Terms of Use ("Terms")refers to the products, services, websites, content, databases, software, technologies, and tools delivered by Cengage and that link or otherwise refer to these Terms, or that are delivered through a website or service that links or refers to these Terms. 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Your Use of the Services You may only access the Services and related Content through the interface provided by Cengage and for lawful purposes. During the applicable term of your subscription for use of the Services if specified in an Order, Cengage grants you a limited, non-exclusive, non-transferable license only to access and to use the Services for the Permitted Use (as defined below), subject to your compliance with these Terms. You may not use the Services for any other purpose, or after the end of the applicable term, or after termination of your rights to use the Services under these Terms. You shall provide, at your own expense, suitable equipment, software, and internet access as necessary to access and use the Services and facilitate access and use of the Services by your Authorized Users. Permitted Uses For your personal, internal research and educational purposes only,provided such use does not violate the Terms, and there are no restrictions prohibiting such use, you may: • Display and use reasonable portions of content contained in the Services. • Download or make printed copies of reasonable portions of content contained in the Services, provided such downloaded or printed copies retain the Cengage and its licensor's copyright notice or if no such notice is included in the copy, a credit to Cengage and its licensor is included with the copy. • Include hyperlinks to content contained in the Services in electronic reserves, online course packs, and/or intranet sites, accessible to Authorized Users only,provided the links do not circumvent any functionality of the Services. • Extract and compile data from the content comprising the Services. 6 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 154 of 356 Prohibited Uses You represent, warrant, and agree that you will not: • Use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to any third-party claim, or otherwise violate any local, state, federal, or international law or regulation, including export control laws and regulations. Without limiting the foregoing, you agree that you will not use the Services in connection with the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons; • Upload,post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene,pornographic,profane, deceptive, or otherwise objectionable Content; • Upload,post, or otherwise transmit through, to or otherwise using the Services any Content that infringes or violates any intellectual property right,publicity right,privacy right, or other right of any third party; • Upload,post, or otherwise transmit through, to or otherwise using the Services any Content that contains any malware, viruses, spyware, worms, or other malicious code or files; • Disrupt the normal flow of communication in the Services or otherwise act in a manner that negatively affects any other users' ability to use or benefit from the Services; • Interfere with or disrupt the Services or servers or networks connected to the Services, or violate any requirements,procedures,policies, or regulations of networks connected to the Services; • Access (or attempt to access) any part of the Services or Content through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the Services; • Use the Services for any phishing, trolling, or similar activities, or to redirect users to other sites or encourage users to visit other sites; or to harvest or collect email addresses or other contact information of other users of the Services by automated or other means; • Impersonate or attempt to impersonate Cengage or a Cengage employee, another user, or any other person or entity, or post any information that misrepresents the identity, characteristics or qualifications of you or any other person, including the use of a 7 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 155 of 356 pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity,past or present; • Frame or mirror any part of the Services; • Use metatags or code or other devices containing any reference to Cengage or the Services in order to direct any person to any other website or services for any purpose; • Use the Services in a manner contrary to the educational purpose of the Services, such as by posting answers to test or assessment questions provided through the Services; • Exploit or otherwise use the Services for any commercial purpose without Cengage's prior written consent. • Frame or utilize framing techniques to enclose any Mark(defined below) or other proprietary information (including images, text,page layout and form) of Cengage or its licensors without Cengage's prior written consent. • Use any meta tags or any other "hidden text" using Cengage's Marks without Cengage's prior written consent. • Download all or parts of the Services as to create a collection of materials in any form. • Otherwise use the Services in violation of these Terms. Cengage Materials and Intellectual Property Cengage and its licensors own and retain all right, title, and interest in and to the Services, all underlying technology used with or otherwise enabling the Services, and all software and Content(other than Your Content, which you own subject to the license set forth herein) available within the Services (collectively, "Cengage Materials"), including all associated trademarks, copyrights, and other intellectual property rights. Nothing in these Terms transfers any such rights, title or interest to you or any other user, and Cengage reserves all rights not expressly granted to you. All software and apps provided to you under these Terms are licensed, not sold. You agree not to remove, conceal, or alter any proprietary rights notices (including copyright and trademark notices) contained within the Cengage Materials. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software underlying or otherwise used to provide the Services or any part thereof, except to the extent allowed by law notwithstanding this restriction. 8 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 156 of 356 All trademarks, service marks, trade names, logos and graphics included within the Services ("Marks") are trademarks of Cengage and its licensors. You may not use any Marks without the prior written consent of Cengage. Any unauthorized use by you of Cengage's Marks or other intellectual property automatically terminates the license granted by Cengage under these Terms and your right to use the Services. You agree that any breach of your obligations with respect to Cengage's and its licensors' proprietary or intellectual property rights will result in irreparable injury to Cengage and its licensors for which money damages are inadequate, and you therefore agree that Cengage and its licensors shall be entitled to seek injunctive relief to address such breach, without the requirement of posting a bond, in addition to any other relief that a court may deem proper. Federal Government customers obtain only the limited rights specified in these Terms and on other rights. The Government acknowledges that (i) all software and related documentation incorporated into the Services is existing commercial computer software within the meaning of FAR 27.405(b)(2); and(2) all other data delivered in whatever form, is limited rights data within the meaning of FAR 27.401. The restrictions in this section are acceptable as consistent with the Government's need for software and other data. Open Content Certain Services may contain Content made available through a Creative Commons license(such as Attribution 4.0 International) or similar"open"-style license ("Open License"), as clearly and expressly specified within the Services ("Open Content"). You will have the rights to use Open Content solely as specified in the associated Open License. Nothing in these Terms shall restrict your rights under any Open License to Open Content provided through the Services. Third-Party Services The Services may include services or other technology provided by third parties ("Third-Party Services"). The applicable supplier of any Third-Party Services is an intended third-party beneficiary of these Terms and may enforce these Terms directly against you with respect to such Third-Party Services. Alternately, an Order(or activation process) for a Third-Party Service may include or be accompanied by a separate service, license, or other agreement ("Third-Party Agreement"), in which case that Third-Party Service is provided solely under the terms of that separate Third-Party Agreement. 9 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 157 of 356 Cengage may also provide you with certain "Third-Party Supplier Notices" in connection with the provision of Third-Party Services. The applicable Order (or activation process) for a Third- Party Service may include or be accompanied by Third-Party Supplier Notices. Placing an Order for a Third-Party Service that includes a separate Third-Party Agreement and/or Third-Party Supplier Notices, or activating a Third-Party Service for which the activation process includes a Third-Party Agreement and/or Third-Party Supplier Notices, constitutes your acknowledgment that you have read and agree to all applicable Third-Party Agreements and Third-Party Supplier Notices. Cengage is not a parry to, and is not liable for breaches of, any Third-Party Agreement. Cengage assumes no obligation or liability for: (1) the functionality or performance of Third- Party Services, including their content, accuracy, or reliability, or (2) the acts and omissions (including with respect to privacy practices) of the suppliers of Third-Party Services. You acknowledge that a Third-Party Agreement might give the applicable third-party supplier rights with respect to your data beyond those allowed by these Terms or Cengage's Privacy Notice. Cengage does not guarantee that a third-party supplier will comply with its agreement with Cengage or its Third-Party Agreement with you, and Cengage is not required to enforce its agreement with a supplier of Third-Party Services. Collaboration Tools The Services may include comment areas, message forums, chat areas and other collaboration tools ("Collaboration Tools"). You agree to use all Collaboration Tools in good faith and not in support of any business venture or entity. Cengage disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in any Collaboration Tools. Cengage is not responsible for any errors or omissions in Content provided through Collaboration Tools, including any hyperlinks embedded in any such Content. Under no circumstances will Cengage, or its affiliates, suppliers or agents be liable for any loss or damage caused by the Collaboration Tools, including your reliance on information obtained through the Collaboration Tools. The opinions expressed in or through any Collaboration Tools are solely the opinions of the participants, and do not reflect the opinions of Cengage. Internet Links 10 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 158 of 356 Some links within the Services may lead to websites controlled by third parties. Because Cengage has no control over these websites, Cengage is not responsible for such websites' content or accessibility via the internet and does not endorse products, services, or information provided by such websites. Cengage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods, or services available on or through any other website. Further, the inclusion of these links does not imply that there is any relationship between Cengage and the linked websites. Reference to other companies does not imply any partnership,joint venture, or other legal connection where Cengage would be responsible for the actions of their respective owners. Privacy and Your Information Cengage processes personal information as defined by the applicable law where you live ("PP') in our Services for several reasons, and only when Cengage has a legal basis for doing so, such as fulfillment of a contractual obligation or with consent. Cengage may process PI under legitimate interest as long as such legitimate interest does not outweigh or infringe on the rights and freedoms of its customers. Cengage may use profiling or analytics in the Services such as usage data and engagement; please note that human intervention is always possible to override any automated decision making. Cengage may also use customer activity reports, analytics data, usage logs, and other similar information to determine how customers interact with Cengage's Services and make improvements to the Services. Cengage respects the rights of European Economic Area(EEA)residents to access, correct and request erasure or restriction of their personal information as required by law. If you are a resident of the EEA, you generally have a right to know whether or not Cengage maintains your PI. If your information is incorrect or incomplete, you have the right to ask Cengage to update it. You have the right to object to Cengage's processing of your PI. You may also ask Cengage to delete or restrict your PI. To exercise these rights,please contact Cengage via email at privacy@cengage.com and a member of Cengage's Privacy Team will assist you. Please understand that Cengage may need to verify your identify before processing your request. 11 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 159 of 356 If you are an educator,parent, or student, Cengage is a service provider to your school or organization;please reach out to the appropriate contact at your school or organization with questions or inquiries. This notice does not cover other organizations' websites that may be accessible via links through our Services. These websites have their own privacy policies and we encourage you to read them. Cengage occasionally may notify users of its Services of significant announcements regarding the operation of the Services (whether or not they have opted out of receiving marketing communications from Cengage as further described in Cengage's Privacy Notice). Some activities within the Services might request you and other users to submit information that is tabulated and stored in a database and used to produce statistics that are integral to the educational value of these activities. If the requested information is personally identifiable, your specific responses remain confidential and Cengage will not associate those responses with your name, email address, or other personally identifiable information. You hereby consent to including in (and Cengage's disclosure of) any such statistical analysis the information that you submit while participating in any such activity. For further information about Cengage's privacy and data protection practices,please read Cengage's Privacy Notice. This Privacy Notice explains how Cengage treats your personal information when you use the Services. You agree to the use of your personal data in accordance with Cengage's Privacy Notice. To the extent that any third-party website accessible through the Services has different privacy practices, terms or conditions, those practices, terms or conditions will be explained at that website and will apply to that website, in lieu of these Terms and Cengage's Privacy Notice. Accessibility Cengage provides a variety of programs and services to help make its educational materials accessible to users of all abilities. For additional information regarding Cengage's accessibility initiatives, see https://www.cengage.com/accessibility. Digital Rights Management A Service might contain or be accompanied by digital rights management technology or similar security technology designed to protect digital information against piracy and other misuse. You acknowledge that any such technology is not a defect in the Service. While accessing a Service, 12 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 160 of 356 your internet-accessible device may be directly connected to an internet site operated by or on behalf of Cengage in order to upgrade that security technology. You hereby consent to the use and automatic upgrading of that security technology. You shall not circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the security technology contained in or accompanying any Service. General Practices Regarding Use of Services and Storage of Your Content Cengage may establish general practices and limits applicable to your use of the Services, including the maximum number of days that Your Content is retained in connection with the applicable Service, the maximum storage space allotted on your behalf for such Service, and the maximum number of times (and the maximum duration for which)you are allowed to access the Service in a given period of time. Cengage may suspend or terminate user accounts for which applicable fees are unpaid, or that are inactive for an extended period of time, with or without notice. Cengage may establish and change these general practices and limits at any time, with or without notice. You acknowledge that the Services are not designed or intended to be used as part of a disaster recovery facility or an emergency data storage facility. Although Cengage takes reasonable precautions to preserve and protect Your Content, you shall not rely on the Services as your only storage means. You should make and preserve your own backup copies of Your Content. Cengage is not liable for damage to, deletion of, or failure to store, Your Content. Disclaimer of Warranties The Services and Cengage Materials are provided by Cengage on an "as is" and "as available" basis. Cengage makes no representations or warranties of any bind, express or implied, as to the Services, Cengage Materials, or other information, content or materials made available through the Services,including the Cengage Materials, the Content, Open Content, Third-Party Services, or Collaboration Tools (collectively, the "Services Items"). You agree that your use of the Services, Cengage Materials, and Services Items is at your sole risk. The Services, Cengage Materials and Services Items could include inaccuracies or typographical errors. Advice received via the Services, Cengage Materials, and Services Items is informational only, does not constitute medical,legal, tax, financial, or other professional advice, and should not be relied upon for personal, medical,legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to 13 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 161 of 356 your situation. Cengage does not warrant or make any representations regarding the use of or the result of the use of any Services, Cengage Materials or Services Items in terms of their correctness, accuracy, reliability, or otherwise, and you (and not Cengage) assume the entire cost of all necessary servicing, repair and correction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CENGAGE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CENGAGE DOES NOT WARRANT THAT THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, CENGAGE MATERIALS, OR SERVICES ITEMS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability Neither Cengage nor its suppliers, nor their respective directors, employees, officers or representatives will be liable for any damages of any kind arising from the use of or inability to use the Services, Cengage Materials, or Services Items including, but not limited to, any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any lost profits, lost data, or loss of revenue. Without limiting the foregoing, Cengage's total liability will at all times be limited to the fees you have paid to Cengage for the Services at issue during the prior three (3)months. The limitations in this paragraph shall apply to the extent permitted by applicable law. You agree that Cengage is in no way responsible or liable for any grade or assessment you may receive through or otherwise related to any Services. Indemnification YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CENGAGE, ITS AFFILIATES AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES, CENGAGE 14 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 162 of 356 MATERIALS, OR SERVICES ITEMS; ANY CLAIMS RELATED TO YOUR CONTENT; OR YOUR VIOLATION OF ANY OF THESE TERMS. This paragraph shall survive any expiration or termination of these Terms. Responsible Disclosure Surrounding Security If you are a security researcher and have discovered a vulnerability in one of our Services, Cengage appreciates your help in reporting it to Cengage in a responsible and private manner. Any identified vulnerability in our Services should be reported to security@cengage.com. Reported vulnerabilities will be triaged by Cengage's Compliance and Security Team. To allow Cengage to best analyze the vulnerability,please include the following: • URL of the vulnerable endpoint • Type and description of vulnerability • Steps to reproduce the vulnerability • Your email address and any other pertinent contact information Cengage does not want to limit the visibility we have into security risks in our Services. However, to protect our users and systems, you are prohibited from: • Accessing, downloading, modifying, or removing data of accounts that do not belong to you; • Performing any penetration testing on the sites in which the Services are provided or accessed; • Performing any denial of service(DoS) attack, including a distributed Dos (DDoS) attack or other attack that would degrade the Services; • Uploading or posting malicious software; • Engaging in social engineering of other users, Cengage employees, or Cengage partners, of any kind, including phishing; • Sending unsolicited communications, including emails, in-application chats, and SMS; • Testing any third-party applications, websites, or services that integrate or link to the Services. and 15 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 163 of 356 • Physical attempts to access Cengage property or any data centers used to provide the Services. Cengage does not currently participate in or offer a bug bounty program. You agree that you are not entitled to any compensation in relation to vulnerability identification or disclosure. If you identify a valid vulnerability and comply with these Terms, Cengage will: • Acknowledge the receipt of your vulnerability report; • Work with you to understand and document the issue; • Address the risk as deemed appropriate by Cengage; • Not suspend or terminate your account; and • Not pursue legal action against you. Termination You agree that Cengage may terminate, suspend, or block your use of all or part of the Services, without liability or refund, if in Cengage's sole determination you have breached these Terms. You agree that upon termination of your participation in the Services for any reason, Cengage may delete all information related to you on or within the Services and may prevent your continued access to and use of the Services. In order to protect the integrity of the Services, Cengage reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. Feedback You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to Cengage relating to modifying or improving the Services ("Feedback"), whether solicited or unsolicited, are non-confidential. Cengage may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant to Cengage a worldwide, non-exclusive, royalty-free,perpetual, irrevocable, transferable, sublicensable license to use Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law. Changes to These Terms 16 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 164 of 356 Cengage may change these Terms from time to time. When these changes are made, Cengage will make a new copy of these Terms available through the Services. You understand and agree that your use of the Services after the date on which these Terms have changed constitutes acceptance of the updated Terms. Miscellaneous All disputes arising out of or relating to these Terms, including all intellectual property issues and your rights and obligations, shall be governed by the laws (without regard to any conflicts of laws rules) and shall be subject to exclusive jurisdiction as set forth in the following paragraphs, based on your country of residence. Venue and jurisdiction will reside in Palm Beach County, Florida: If you reside in the United States of America or any other country not stated below: • The laws of the United States of America and the State of Florida shall apply, with exclusive jurisdiction in the state or federal courts of Palm Beach County, Florida. If you reside in the United Kingdom or in EMEA or India: The laws of England shall apply, with exclusive jurisdiction of the English courts. If you reside in Australia or Asia(excluding India): The laws of Australia shall apply, with exclusive jurisdiction in Australia courts. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply these Terms and is expressly excluded. Services and Content are not available in all languages or in all countries. Cengage makes no representation that the Services, Cengage Materials, or Services Items are appropriate or available for use in any particular location. To the extent you choose to access the Services, you do so at your own risk and are responsible for compliance with any applicable laws, including applicable local laws. These Terms are personal to you and you may not assign them or your rights or obligations under them to anyone. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Cengage may assign its rights and obligations, or these Terms, in whole or in part. 17 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 165 of 356 The failure of Cengage to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. No waiver of any term of these Terms by Cengage shall be deemed a further or continuing waiver of such term or any other term. You and Cengage acknowledge and agree that no partnership, agency,joint venture, or employment relationship is formed between you and Cengage by your use of the Services, and neither you nor Cengage have the power or the authority to obligate or bind the other. Cengage shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other disaster. These Terms along with any applicable Order and Supplemental Terms constitute the entire understanding between the parties pertaining to their subject matter, and any prior or other contemporaneous written or oral agreements between the parties are expressly superseded. Any FAQs or similar documents included in or associated with the Services are for informational purposes only and are not deemed to be part of these Terms. If Cengage provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version shall prevail. When the term "including" is used in these Terms, it shall be interpreted to mean"including, without limitation,", so that the items after the term "including" are understood to be illustrative only and not a complete list. Notice and Procedure for Making Claims of Copyright Infringement Note: the following information is provided exclusively for notifying Cengage that your copyrighted material might have been infringed. All other inquiries, such as requests for technical assistance, will not receive a response through this process. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), to be effective, written notification ("Notification") of claimed copyright infringement must be 18 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 166 of 356 submitted to the following Agent Designated to Receive Notification of Claimed Infringement: Laura Stevens Legal Department, Cengage Learning, Inc. 200 Pier 4 Boulevard Suite 400 Boston, MA. 02210 Phone: (617) 289-7700 infringements@cengage.com To be effective, the Notification must include the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining parry may be contacted; 5. A statement that the complaining parry has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Supplemental Terms Gale Digital Scholar Lab 19 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 167 of 356 1.0 Definitions 1.1 "Authorized Sites" means Internet websites or any other remote sites operated by Licensee with secure access from which Licensee's Authorized Users can obtain access to Digital Scholar Lab. 1.2 "Authorized Users" means individuals whom Licensee has granted access to Digital Scholar Lab and who have agreed to the Digital Scholar Lab Terms and Conditions. 1.3 "Session" means the cycle of activities by an Authorized Users that starts when the Authorized User connects to a database and ends when the Authorized User connects to another database or exits Digital Scholar Lab either by logging out or by timeout due to inactivity. 1.4 "Setup Fee" means the fee paid to Cengage by Licensee for setting up and configuring Licensee's access to Digital Scholar Lab. 1.5 "Source Content" means the primary source texts purchase from Cengage by Licensee and which is made available for access and analysis through Digital Scholar Lab. 1.6 "Subscription Fee" means the fee paid to Cengage by Licensee for Subscription Access to Digital Scholar Lab. Digital Scholar Lab Services. Subject to the timely payment of set up and subscription fees, as more fully detailed in an Order, and compliance with the Terms and Digital Scholar Lab Services Terms below, Cengage grants to You a non-transferable, non-exclusive, limited license during the term, as provided in an Order, to access and use, and to permit the Authorized User, as identified in an Order to access and use, Digital Scholar Lab for purposes of personal, non-commercial, academic Text and Data Mining of the Gale content, as identified in an Order(the "Source Content"). "Text and Data Mining" means the performance of automated searches of Source Content, the sorting,parsing, addition or removal of linguistic structures, and the selection and limited inclusion of content into an index or database for purposes of classification or recognition of relationships and associations for non-commercial research purposes only. Digital Scholar Lab Services Terms: a. Use of and access to Digital Scholar Lab shall be limited to Authorized Users and shall not include providing access to other libraries or third parties, unless specifically authorized by Cengage. Non-subscribing libraries and other third parties are required to enter into a separate agreement with Cengage for access and may not access Digital Scholar Lab remotely through Your website(s) or use Your remote access to gain access without the prior express written permission of Cengage. 20 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 168 of 356 b. You may only access Digital Scholar Lab using the authentication credentials provided to You by Cengage. You may not share Your authentication credentials with others or access Digital Scholar Lab as an Authorized User other than via a secure website approved by Cengage. c. You shall take all reasonable precautions to limit the usage of Digital Scholar Lab to You and Your Authorized Users, who shall agree to the Terms and these Supplemental Terms. You agree to notify Cengage if it becomes aware of any of the following: (i) any loss or theft of Your authentication credentials; (ii) any unauthorized use of any of Your authentication credentials or of Digital Scholar Lab; or(iii) any breach by an Authorized User of the Terms. Upon becoming aware of any breach of the terms of this Agreement by an Authorized User, You shall work with Cengage to cure such breach. Notification of claims of copyright infringement regarding materials available or accessible on, through or in connection with Cengage's services may be sent to Cengage Learning, Inc., 200 Pier 4 Boulevard, Suite 400. Boston, MA. 022100, Attention: General Counsel. d. All rights in and to Digital Scholar Lab not specifically provided to You hereunder shall remain the exclusive property of Cengage and its licensors. Limitations on License. a. You may download, view and print and/or make paper or electronic copies of citations, abstracts, full text or portions of Source Content for educational research and personal non-commercial use only; provided, however, that You may download no more than One Thousand (1,000) Source Content documents per Session. b. You shall not use Digital Scholar Lab or any output generated by Digital Scholar Lab as a component of, or a basis for, a directory, database or other publication prepared for sale, exchange, barter or transfer, rent, lease, loan, resold for profit, distributed, altered or in any other manner commercially exploiting any data or documentation derived from Digital Scholar Lab or the Source Content. c. You may distribute the outputs of Text and Data Mining,provided, however, that(i) where snippets and/or bibliographic metadata are distributed, they must be accompanied by a DOI link that points back to the individual full text article or book chapter, (ii) where images or text excerpts are used, You are solely responsible for securing any intellectual property or other rights for reuse from the relevant rights holder, and(iii) the distributed outputs must include a proprietary notice stating: 21 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 169 of 356 "Some rights reserved. This work permits non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited." d. You are not authorized to: (i)Use snippets of text from individual full text articles or book chapters of more than 200 characters (excluding text entity matches or bibliographic metadata); (ii) Abridge, modify, translate or create any derivative work based on the Source Content included in the Digital Scholar Lab; (iii) Remove, obscure, or modify in any way any copyright notices, other notices or disclaimers as they appear in the dataset; (iv) Substantially or systematically reproduce, retain or redistribute the dataset; (v)Extract, develop or use the dataset in any direct or indirect commercial activity; (vi)Utilize the Digital Scholar Lab output to enhance institutional or subject repositories in a way that would compete with Cengage database products or any other Cengage product, service, and/or solution, or have the potential to substitute and/or replicate any other existing Cengage database product or any other Cengage product, service and/or solution; (vii) Use any robots, spiders or other automated downloading programs, algorithms or devices to search, screen-scrape, extract, or index any Cengage website or web application e. You may provide electronic links to Digital Scholar Lab from Your web page(s) providing that You shall not allow non-subscribing institutions or any other third party to link directly or indirectly to Source Content made available through Digital Scholar Lab. f. Remote access to Digital Scholar Lab must not be made available online or via a workplace computer, except as authorized herein. Subject to Cengage approval as set forth in an Order, Remote access may be available, where You have undertaken proper security procedures preventing remote access by unauthorized users. No provision of these Terms are intended to constitute a substitution for an institutional license by a non-subscribing institution or any third party. Remote access rights are designed for the provision of services to licensed Authorized Users only and not rights for the users of a non-subscribing institution. 22 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 170 of 356 ADDENDUM 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(a,BBFL.US 23 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 171 of 356 SCRUTINIZED COMPANIES -- 287.135 AND 215.473. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice,in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 24 https://www.cengage.com/iegaiLterms-faieL# Updated: 06/24/2019 Page 172 of 356 Lv:� ne Cox Information Services 201 Village Road Shallotte, NC 28470 Tel:800.571.9554 Fax:910.755.6274 www.wtcox.com May 1, 2019 Tiffany Pagar Senior Accounting Technician Boynton Beach City Library City of Boynton Beach 115 North Federal Highway Boynton Beach, FL 33435 RE: Sole Source Justification Dear Ms. Pagar, This letter will acknowledge that WT Cox Information Services is the sole source provider for your requirements. The following factors are considered in the evaluation of our agency as the sole source provider for your title requirements and service needs: • Services and value added benefits • Vendor's past relationship with libraries • Total long term cost to library to acquire goods and services • The extent to which goods and services meet the library's needs • CoxNet, our exclusive and proprietary web-based customer interface In evaluating qualified providers these provisions have been taken into account for award recommendations. It is our pleasure to do business with you. Please do not hesitate to contact me if you have questions or require additional information. Cordially, 0 a Y11 Y� 1 Debra M. Knox Director of Contract Administration Page 173 of 356 Page 1 of 2 m Renew your subscription now! It's time to renew your Gale resource subscription.Please fill out the information below and select "Submit Renewal"to renew today. 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Comments Page 174 of 356 http://www.renew.gale.com/?runid=265&listid=l&flag=B&contract=576805 7/8/2019 Page 2 of 2 SUBMIT RENEWAL QUESTMS? Contact your subscription renewal specialist Mir Loving at(800)877=4253 x18464 or mir.loving@cengage.com. All trademarks and registered names are used herein under license.This renewal form incorporates your license agreement with Cengage Learning,including any and all amendments, addendum s,exhibits and schedules attached thereto or incorporated by reference and the standard terms of use set forth at—.cengage.com/terms.This renewal form shall be deemed to have been accepted by customer upon receipt by Cengage Learning of(i)any written confirmations indicating acceptance or;(ii)upon receipt of a customer purchase order.If any written confirmations or customer purchase orders in any way conflicts with or is inconsistent with the conditions of sale herein,this renewal form will prevail and supersede any inconsistent terms. Page 175 of 356 http://www.renew.gale.com/?runid=265&listid=l&flag=B&contract=576805 7/8/2019 6.L. CONSENTAGENDA 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on July 2, 2019. EXPLANATION OF REQUEST: The City Commission met on July 2, 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 Addendum Minutes 7-2-19 Page 176 of 356 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JULY 2, 2019, AT 6:30 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor Jim Cherof, City Attorney Mack McCray, Commissioner Queenester Nieves, Deputy City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:32 p.m. Invocation The Invocation was given by Pastor Ash of First Presbyterian Church. Pledge of Allegiance to the Flag led by Vice Mayor Katz The Commission recited the Pledge of Allegiance to the Flag. Roll Call Deputy City Clerk Nieves called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Penserga requested an update on the IT defenses in light of recent cyberattacks different municipalities have experienced as New Business 11.A. Vice Mayor Katz requested a Future Agenda item regarding an update on the Quantum Park Overlay District and learned a report would be made at the next meeting under Legal items. Page 177 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Commissioner Romelus requested an update by the Police Chief about the new No Texting while Driving Law. It was agreed it would be heard as New Business 11.B. Mayor Grant requested an item regarding tuition approval for Commissioner Romelus to attend Palm Beach County Leadership Engage Program. There was consensus it would be heard as New Business 11.C. 2. Adoption Motion Commissioner McCray moved to approve as amended. Commissioner Penserga seconded the motion that unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz had no disclosures and wished all a Happy Independence Day. Commissioner McCray had no disclosures and wished all a Happy Independence Day. Commissioner Romelus wished all a happy belated Father's Day and early 4th of July. She was happy Haiti would compete against Mexico as it was the first time Haiti made it to the Gold Cup. There will be a watch party at the RC Caribbean restaurant on Congress Avenue next to Chuckie Cheese and all were invited to attend. Commissioner Penserga volunteered with Future 6 two weeks ago for free ocean-based activities for special needs youths and all had a great time. He thanked Future 6, Wally Majors, Recreation and Parks Director, and Debbie Majors, City ADA and Grants Coordinator, for organizing the event. This past weekend, he demonstrated the hydro- flight for the City's 4th of July celebration. On a personal note, he was working on a project as part of his thesis to uncover the reasons why Alzheimer's drugs have been failing, and his work has been published in Frontiers in Neuroscience Journal. Mayor Grant attended the following between June 19th and June 27th: a Coalition of West Boynton Residential Associations meeting; a US Department of Economic Development Administration meeting with David Scott, Director of Economic Development and Strategy for the City regarding repaving US 1; the Stonewall Ball held by Compass; the Milagros Center to learn about their non-profit inside an affordable housing community; a Palm Beach County League of Cities meeting; and a Palm Tran Service Board meeting. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2 Page 178 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . A. Announce the 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. (If needed) Mayor Grant announced the budget workshops. B. Announce the Summer Youth Institute Internship Program with Boynton Beach Utilities, Pathway to Prosperity, Genesis Community Health and All Girls United, Inc. Sponsored by Healthier Boynton Beach. Joe Paternetti, Utility Director, announced the Utilities Department is pleased to be part of this program and advised Tremaine Johnson, Field Operations Manager, runs the program. Tremaine Johnson thanked the City Commission for the opportunity to be part of the program. The Utilities Department partnered with the above organizations and had 10 participants this year. For the past three years, he was the lead in the Utilities portion of the program. The Department opened up all five aspects of field operations to the participants who range in age between 15 and 18. He thought the youth should be commended how they conducted themselves. It was a great opportunity for them and an honor for Utilities to use this program as a recruiting opportunity for future employment. Commissioner McCray requested Mr. Johnson convey the City Commission commends the youth. Ricky Petty, Project Director, Healthier Boynton Beach, commented it was their pleasure to have the partnership with the City and other organizations. Healthier Boynton Beach is a health initiative funded through the Palm Health Foundation to assist caregiving citizens. The organization raises awareness to make sure family caregivers self-identify. The program provides resources and services and wants to ensure they promote health and wellness throughout the community as it relates to family caregivers. They have been offering different activities to advance their mission and have provided $33K to the communities by supporting nine different programs to help family caregivers move forward. Brianica McLaurin, Founder of All Girls United, explained the organization is a non-profit mentorship program for girls aged 12 to 18. This year, they had the opportunity to spearhead the Summary Youth Institute program. It is a program which works with businesses in Boynton Beach, and on two Saturdays, participants had the opportunity to attend workshops to learn about caregiving and what it means to start their own business as well as how to be an employee. Participants learn how to draft a resume and build relationships. 3 Page 179 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Dakota Groh has been working with the City for the past four weeks. He commented the program opened opportunities for him. He wants to work for the City after high school. It will help him in the future and he thanked the City for the program. Mayor Grant asked how the information was disseminated to the public. Mr. Petty explained they had information about the program on social media and left hard copies around the community. Funding is limited and there are only have 15 positions available. They hope to get some type of funding subsidies in the future to provide more opportunities for City youth. C. Announce additional event components the City of Boynton Beach's 4th of July event by Eleanor Krusell, Public Communications & Marketing Director. Eleanor Krusell, Public Communications and Marketing Director, announced the City would celebrate the 4t" of July at Intracoastal Park. New activities added to the event included a performance by a talented nine-year old, blind guitarist named Miles, who will be on the small stage and will be performing on the 4t". WPTV had previously aired an expose on Miles and the TV station will be present at the festivities to do a follow-up story on his debut. The City reached out to Tom Kaiser, who is integrally involved with Veterans organizations, about the event, and he advised many of the veterans are older and the fireworks may affect their memories. He requested the City thank the veterans from the main stages and the City ordered veteran lapel pins for each veteran who attends. To receive one, they should go to the information booth. She hoped all who attended the event would thank a veteran. In response to an article that aired on WPEC, the Forgotten Soldiers Outreach in Lake Worth was desperate for letters from children to send to soldiers. The Outreach creates care packages. WPEC is also sending a photographer showing the City of Boynton Beach stepped up to the plate to fill a need. Palm Beach Rocks, painted 15 rocks, which will be hidden at Intracoastal Park. Anyone finding the rocks could keep them as a memento and a table under the pavilion was available for youth to paint their own rocks. Parking was limited. Ms. Krusell encouraged all to take the air-conditioned, ADA compliant buses to the event leaving from City Hall and Journey Church beginning at 5:30 p.m. Ride share is also available at Boat Club Park. She asked all to visit the City's website and follow them on social media. She noted four buses would run continuously with the last bus leaving at about 10:30 p.m. D. Proclaim July as Recreation and Parks Month. Mayor Grant read the Proclamation recognizing July as Recreation and Parks Month. Present to accept the Proclamation was Wally Majors, Recreation and Parks Director. Mr. Majors noted FunFare Magazine featured pictures from last year's July 4t" event. Commissioner Romelus thanked Mr. Majors, Ms. DeGraffenreidt and other Parks and Public Works personnel for their help beginning the Annual Meet Your Neighbor 4 Page 180 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Picnic/BBQ at Seacrest Estates. Mayor Grant and Police Chief Gregory attended the event. E. Present Certificate of Completion to Commissioner Christina Romelus for completing the Advanced Institute for Elected Municipal Officials Mayor Grant presented Commissioner Romelus with a Certificate of Completion for the Advanced Institute for Elected Municipal Officials. Commissioner McCray was also a member and he thanked Commissioner Romelus for attending. He thought all Commissioners should attend the Institute. Commissioner Romelus indicated she is an educator and feels educating herself helps her to better serve the citizens. She thanked the City Commission for allowing her to attend different sessions and learn new and innovative way to improve the lives of the citizens of Boynton Beach. 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) David Katz, 67 Midwood Lane, hoped Consent Agenda Item D would be pulled Charles Kanter, 2905 South Greenleaf Circle, noted the City has term limits and commented Charter revisions would be forthcoming. He would like to see more flexibility to allow someone to run for mayor after two terms as a Commissioner and vice versa. He hoped it would be added to the agenda. He favored open elections where individuals vote for every district. He expressed the districts are esoteric to the people which live there. There was a lot of work done throughout in District IV and then he learned half the District was realigned and some areas placed into District I. They lost the Renaissance area. There were parts of District IV, such as High Ridge Road and the Charter School that wound up in District II. As a Poll worker, they learned no one showed up because residents east of 95 in District II were not aware High Ridge Road existed. On a different matter, he noted Miner Road ends at High Ridge Road and a traffic circle would be the best way to address the junction as opposed to a traffic light. Rae Whitely, 223 12th Avenue, announced he would like to offer his help with the sound system. He spoke to people outside of Boynton Beach about how unique the City is and how the Districts are set up. Not many cities have the opportunities the City has. District II residents vote for the representatives of District II, which is a luxury. Another discussion occurred about having the opportunity to further the progress made at the dais. He congratulated the Commissioners. He asked how progress would continue. Residents 5 Page 181 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . are concerned that in three years, progress will slow and other individuals will come in with different ideas and the City will not continue the progress that is currently occurring. He requested the City Commission consider allowing Commissioners to run for Mayor immediately after their terms are completed and vice versa. If the residents do not like the job a commissioner is doing, they would be voted out, and they currently do not have that opportunity. He thought the City was doing a great job. He shares the excitement with what is occurring and wanted the item to be voted on or discussed. Allan Hendricks, 122 SE 4th Avenue, agreed with the prior comments and was pleased with the current Commission. He would like to see the City move from the two-term and exit policy to two terms in each position of Commissioner and Mayor. He did not think it was healthy to term people out when there is a continuum of progress and would like it to go to a referendum. Susan Oyer, 140 SE 27th Way, congratulated Samir Ahmed, Boynton Beach Community High School student, who was the recipient of the Palm Beach County Property Appraiser's Office $1,500 scholarship. Mr. Ahmed plans to attend Embry Riddle University. She suggested converting the CRA Office to a Tourist Information Office when the new City Hall opens and the CRA moves its office there, as the City does not have a Tourist Office. It could also promote Boynton's Sister Cities and sell their products. Farindola exports organic olive oil, honey and a unique pecorino cheese that is made only by women. Regarding term limits, Ms. Oyer was distressed people were endorsing a dictatorship over a democracy. She likes all on the Board, but felt terms should not be non-stop and ending term limits was the wrong thing to do. She suggested looking for new candidates to replace the individuals leaving. The only way to get new ideas is to have new people and there is a reason for term limits. Herb Suss 1711 Woodfern Lane, was opposed term limits. He believes in a free choice of people electing whom they want. All can run and the City needs to continue its progress. One Commissioner should be Mayor. Mr. Suss also spoke to Commissioner Penserga about Alzheimer's and would like to take Commissioner Penserga to his Alzheimer's treatment center to meet the Head of the Department. He thought what was happening on the southern border was terrible and on July 4th, a dictator will have tanks and a military parade to start his campaign. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, Condo 102, was alarmed. She thought it was great all applauds the City Commission for them doing a fabulous job. She immigrated to the U.S. legally in 1980 for opportunities. Boynton Beach is unique. If the City is for and by the people, they should not limit individual's opportunities for choices and she supported upholding the current ordinance requiring terms limits. No one would dictate to anyone that because the Commission is young that they have better ideas than others. She felt it pits ageism against experience. Mr. Taylor had served for a long time, but young and fresh does mean anything. She pointed out individuals could be young and naive and make unwise decisions. 6 Page 182 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . No one else coming forward, Public Comment was closed. Vice Mayor Katz commented, since so many individuals came forward to speak on the same topic, it may not have been a coincidence. Single member districts ensured people from an area were able to elect someone from their area. As to term limits, he advised one would not find a single poll in the last 20 years, where the outcome was to remove term limits. There has been a trend in the country mostly perpetuated by the fact that Congress does not have terms limits, which allows politicians to become career politicians. He did not think eliminating term limits would be beneficial. A big problem in the country is career politicians and six years is a long time to serve. Commissioner Romelus agreed with Vice Mayor Katz and supported each District having someone to represent their residents. She commented Boynton Beach used to have city- wide elections decades ago and there was a reason for the change. She expressed Mr. Kanter's comments emphasized there was some confusion about how the voting district lines were delineated, which could be addressed after the Census. She requested bringing back information on how other nearby cities operate their Commission and thought they should have a discussion about the City's Charter. Mayor Grant requested and received confirmation the item would be a future agenda item to discuss the City Charter regarding elected officials. Commissioner Romelus commented research would also be provided. She thought there could be vertical mobility, which would allow elected officials to serve in different capacities in the City. Vice Mayor Katz requested Commissioner Romelus have a vote. Motion Commissioner Romelus was fine with the motion. Commissioner Penserga seconded the motion for discussion. Mayor Grant agreed a discussion was needed. He had previously mentioned the issue of Commissioner expenses and he sees many cities raising rates for elected officials. He thought paying individuals was away to get qualified people to run. Vote The vote was 3-2 (Vice Mayor Katz and Commissioner McCray dissenting.) Mayor Grant commented the item would be a Future Agenda item to discuss the City's Charter regarding elected officials compared to other municipalities. Commissioner McCray stated on the record he favors term limits. 7 Page 183 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacancies. Motion Mayor Grant moved Cory Voce from an alternate to a regular position on the Education and Youth Advisory Board. Commissioner McCray seconded the motion that unanimously passed. Vice Mayor Katz tabled his nomination for an alternate on the same Board. Commissioner McCray tabled his nomination for an alternate on the same Board. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant pulled item A and noted there was a request to pull Item D. A. PROPOSED RESOLUTION NO. R19-069 -Authorize the City Manager to enter into a three (3) year agreement with The Gehring Group for Insurance Broker Services. The estimated total three (3) cost of $210,000. B. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm Garney Companies, Inc. of Winter Garden, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821- 19/TP for Reclaimed Water Distribution System Progressive Design Build and per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. C. Approve disposal of vehicles/equipment submitted by the Fleet Division and declare sixteen (16) vehicles/equipment as surplus and approve the disposition of these items via auction using various means, such as JJ Kane live auction, JJ Kane on-line auction and GovDeals.com 8 Page 184 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . D. Approve utilizing Town of Palm Beach Invitation to Bid #2018-12 with Custom Tree Care for an estimated annual expenditure of $65,000 for tree trimming and pruning services. The Town of Palm Beach's procurement process satisfies the City's competitive bid process. E. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2019. F. 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 July 2, 2019- "Request for Extensions and/or Piggybacks." G. Approve the minutes from City Commission meeting held on June 18, 2019. Motion Commissioner McCray moved to approve the Consent Agenda less the items pulled. TY seconded the motion that unanimously passed. A. PROPOSED RESOLUTION NO. R19-069 - Authorize the City Manager to enter into a three (3) year agreement with The Gehring Group for Insurance Broker Services. The estimated total three (3) cost of $210,000. Mayor Grant looked at the score sheet regarding the three respondents. The second ranked respondent was six points behind and $27,500 less. He did not see a big difference except the price for the second ranked applicant was significantly lower. He wanted to nominate the second ranked respondent to be awarded the contract. Tim Howard, Assistant City Manager, explained the process. The ranking came from the Selection Committee and the Commission can re-rank the respondents and award whichever vendor they wish. Commissioner McCray did not want to re-rank the respondent. He understood the Mayor was looking to save funds, but the City was familiar with the firm and they have the experience. He was not opposed to paying for experience. Motion Mayor Grant passed the gavel and moved to re-rank the rulings. Commissioner Romelus wanted to hear from the Committee and asked if the six points really mattered. 9 Page 185 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Mr. Howard explained the Selection Committee reviewed the responses and scored them. There are six points difference out of four categories. The second lowest ranked got higher scores for pricing because their pricing was lower. Gehring scored higher in a couple of the categories. The vendors are all responsive. The Commission's recommendation was based on the summary scores. It is up to the City Commission if they want to take the recommendation or not. There was a maximum of 25 points assessed for cost. Mayor Grant commented one respondent was $27,000 cheaper a year for three years and it was like getting the third year free. Mr. Howard offered to review the rankings and categories where the reviewers scored Gehring higher based on experience. Part of it was because Gehring worked for the City and understand the City's operation. The incumbent will score higher in those areas. Mayor Grant felt Gehring was using complacency to charge more than the other competitors. He noted one scorer said the difference was only worth two points and another scorer thought it was worth a difference of nine points. Motion Mayor Grant passed the gavel to have the rankings as Risk Management Associates ranked 1, Gehring Group 2, and Gallagher as 3. Commissioner Romelus commented the Mayor did not have to pass the gavel and so moved. Mayor Grant seconded the motion. Vice Chair Katz commented if the points related to the annual fee are removed, and the three criteria are reviewed, the gap between the two was 20 points. Risk Management lost by 20 and when factoring in a low-ball price, the spread went from 20 to 6. A good portion is due to the low price. It is not necessarily it was because they were equal in terms of competence. He explained he supports ways to find a cheaper version of what is wanted, but the reason why the spread was six at the end was due to the price and not because they were competitive in quality. It means by using the same rubric, an inferior company that low balls will appear to have the same tabulation and he thought that was what was occurring. The Gehring Group ranked one point away from perfect regarding the non-price component because they are the incumbent and they know the City's system. Mayor Grant advised he was an insurance agent 14 years ago, and they have the same access to the same plans and insurance is costly to the City. Vice Mayor Katz asked if the incumbent company has an inherent advantage and if the City should put a term limit on the company and allow a new company to have an opportunity. Mayor Grant responded not on term limits, but if the incumbent knew the system and how to play the system, it was the Commission's job to pick a vendor. He thought based on the price point, and the respondents being all responsive and responsible bidders, trying a new company would be in the City's best interest. Commissioner Romelus thought the only big difference was under the Broker Access to Lines of Insurance Tab. She questioned what allowed all three members of the Committee to rank Gehring as a 30 as opposed to the other responders. Mr. Howard 10 Page 186 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . explained with governmental insurance coverage, not all brokers can access all the different pools. The Gehring Group, based on their submitted proposal, had access to pools the others may not have mentioned or put in their proposal or some other line. The Committee reviewed the proposals based on what the company submitted. The pricing is the major difference. Mr. Howard agreed when there is a disparity in price; it upside downs the scoring. Commissioner Romelus commented the only thing that changed was the fee. Mr. Howard explained the Committee felt Gehring had a better score in the categories that were not price related. If they did not issue an RFP, the City would issue a straight bid and award the contract to the low bidder. There are always questions about awarding to the low bidder and the quality of the low bid. The RFP process includes that factor, but it is not the overriding element. Commissioner Romelus thought they were just as qualified and did not see much of a difference. Mr. Howard commented the other three categories totaled 70 points and there was a 20 point difference. A decision had to be made if there was a large enough spread to give a comfort level that a higher price was worth the award and the Committee thought it was. Commissioner Penserga asked if it would put the City at an operational disadvantage and change the quality of getting things done if the second ranked company was chosen. Mr. Howard answered not on paper, but they have no experience with the second ranked firm. The City changes vendors for various reasons throughout the year. It would not change deadlines or timelines, but the City would not know what the work relationship is. It could be just as good or not and the City takes that risk each time an award is made. Commissioner Penserga asked what would occur if the result was not good and if it could be easily repaired. Mr. Howard explained if entering into an agreement and the firm fails to perform, there is a termination clause in the agreement. It is a 30-day notice. The City would likely move through the first year and if service is not good, the expectation is the termination would go smoothly. James Cherof, City Attorney, commented this form of contract has an easier out clause for the City so there is less likelihood of a challenge on the termination. Mr. Howard pointed out; if the contract terminates the City must restart the process and issue another RFP and then pay more. Mr. Howard has been with the City for 10 years and has terminated two contracts. Vice Mayor Katz pointed out if excluding points based on cost, the first company received 209 points, the second place company received 189, and the third place company received 184. The second and third ranked firms are almost indistinguishable and the recommended firm was almost 10 percent lower. He thought overruling the rankings of the team based on cost opened the door to future situations. He could not support a firm that ranked 10% less purely based on a Iowballed cost. 11 Page 187 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Mayor Grant repeated the motion as re-ranking the respondents. Vice Mayor Katz explained the City could not re-rank the applicants but could recommend the second ranked respondent. Commissioner Romelus commented that was her motion. Vote The motion passed 3-2 (Vice Mayor Katz and Commissioner McCray dissenting.) D. Approve utilizing Town of Palm Beach Invitation to Bid #2018-12 with Custom Tree Care for an estimated annual expenditure of $65,000 for tree trimming and pruning services. The Town of Palm Beach's procurement process satisfies the City's competitive bid process. David Katz, 27 Midwood Lane, offered, in regard to a prior conversation about term limits, if the Commission wanted a lesson about the history of term limits in the City and single- member Districts, he would discuss it as he had knowledge. Mr. Katz reviewed the meeting backup regarding the agenda item and asked why the City was using a company from Kansas. He spoke to staff about the item and learned a former Public Works employee dropped the ball in November to put out a bid for local companies. An email dated January 3, 2019 in the meeting backup, from Adriana Greco-Arencibia to Greg Gavels, the Topeka Kansas company, asked if he had any crews in Palm Beach County and the back-up materials did not contain a response. She indicated if so, the City would like to piggyback on the contract so a purchase order could be issued for the tree trimming. Mr. Katz learned the company was in Pompano Beach. He questioned why the City would use a company outside the City when the City has many the tree trimming companies. He understood because staff dropped the ball, the City would have to use a piggyback contract from the Town of Palm Beach, but Mr. Katz hoped the City would formulate a bid to be used later. He pointed out the City is always after developers for Community Benefit Agreements to hire locally. The company has contracts in Broward County and part of the backup for the item shows the opportunity to renew for four additional one-year periods, which he thought would be criminal. He favored issuing a bid to local companies and hoped the City would direct staff to ensure this never happened again as many companies in the City are involved. Commissioner McCray asked if the City had trouble with the company the City used last year or the year before. Andrew Mack, Public Works Director, did not recall having problems with tree trimming companies. There were issues with the landscaping company and the item was rebid. He clarified this item was to maintain trees in advance of a hurricane. He explained the City hired a Project Manager/Landscape Architect, who did not review the bid. Commissioner McCray asked if the City Commission had to approve the item tonight and learned they did. Commissioner McCray asked why the City did not use local companies. Mr. Mack explained the procurement policy requires, when the City intends to spend over $25,000, to issue a formal bid or use a piggyback. Staff considered the amount of time it 12 Page 188 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . would take to develop a bid. If this item is approved, it would only be valid until the remainder of the fiscal year. Mr. Mack asked if the City could break the new bid contract into categories such as medians, parks, city grounds, so there could be local participation and learned they would. Motion Commissioner McCray moved to approve, Commissioner Romelus seconded the motion. Commissioner Penserga asked why the department decided to piggyback with the Town of Palm Beach and not another town that was closer to home. Mr. Mack explained staff reaches out to vendors they know are local and other vendors if they have contracts with other municipalities. Another option to use is to search Procurement's databases. The City has piggybacked contracts with the Town of Palm Beach before. Vice Mayor Katz noted the options to extend the contract are at the City's discretion. Mr. Mack clarified those options were only for the Town of Palm Beach, not the City. In three months when the fiscal year ends, this request could come back as a Request for Proposal, which can be broken down. Mr. Mack agreed staff would issue a formal bid early on in the fiscal year. With piggyback bids there is always the risk the originating city may not renew the contract so it may not be available. Vote The motion unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 - None 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO.19-018 - SECOND READING -Approve proposed code language implementing CRA Plan-Group 4 (CDRV 19-003) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions, Article III. Relationship to Comprehensive Plan, and Article IV. Redevelopment Plans; and (2) Chapter 3. Zoning, Article III. Zoning Districts and Overlay Zones, to continue implementation of revisions related to modification of the future land use categories and to other recommendations of the Community Redevelopment Plan, including creation of the Cultural District and Boynton Beach Boulevard Overlays and Chapter 4 site development standards, correcting references to overlays. Applicant: City-initiated. 13 Page 189 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . City Attorney Cherof read Proposed Ordinance No. 19-018 by title only on second reading. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Mayor Grant opened the floor to the public. No one came forward. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0 B. PROPOSED ORDINANCE NO. 19-019 - SECOND READING - Approve amendments to the Land Development Regulations, Chapter 4, Site Development Standards, creating a new *Article II entitled "Fertilizer Use Regulations" to create regulations requiring proper application of fertilizer to protect water bodies. Applicant: City-initiated. City Attorney Cherof read Proposed Ordinance No. 19-019 by title only on second reading. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Mayor Grant opened the floor to the public. Herb Suss explained he had an experience with chemicals. He wanted the City to be cognizant to what is happening to the water system. Vice Mayor Katz explained the Ordinance is to further restrict and control existing chemicals resulting in better protections for the environment. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS — None A. IT Cybersecurity Update 14 Page 190 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . John McNally, Director of ITS, gave a brief update about cybersecurity, noting Key Biscayne, Riviera Beach, and Stuart were all attacked by Malware. He clarified what the City has done does not guarantee the City would not be subjected to cyber-attacks; it only lowers the City's risk. He gave a brief update on what the City has implemented, including firewalls and state-of-the art protections, software, employee education and best practices. He also discussed the data network, patches, and enhanced data storage. He advised there are two separate entities which audit the City and staff applies the recommendations. Commissioner Romelus asked if there was insurance and was informed the City has cybersecurity insurance coverage. B. New Texting and Driving Law Michael Gregory, Police Chief, explained there has been lot of attention regarding texting, driving and distracted driving. The new Statute became effective July 1, 2019, but there are some nuances, which he read as follows: "Florida motorists can be stopped and sited for texting and driving. The first violation for drivers is a non-moving offence with no points assessed on a driver's record. The second violation is a moving violation with three points assessed to the driver's record." In most circumstances, Florida Highway Patrol and a number of agencies will be issuing warnings almost into the end of the calendar year. Agencies will also be holding information campaigns on social media, flyers and other means to get the word out about the upcoming changes. Effective October 1, 2019, wireless communication devices could only be used in a hands free manner when driving in designated school crossings, school zones or active work zone areas such as occurs on 95 or the Turnpike. Drivers will be issued warnings to the end of the year and commencing January 1 st, the law will be fully enforced. Drivers will be citied for using wireless communication devices in a handheld manner in work or school zones. Mayor Grant asked if he could hold his phone to his ear. Chief Gregory responded it is safer not too. It should behands free. Motorists can use speakerphones or devices using the vehicle computer system. Mayor Grant repeated his question. Chief Gregory replied technically, it is probably not an offense. The law is written that motorists would have to type in characters and numbers, but the spirit of the law is the motorist is hands free and has both hands on the wheel so as not to be distracted. Commissioner Penserga liked the spirit of the law, but was concerned it may be used for profiling. Chief Gregory responded there was discussion. The profiling element has to do with whom the officer is pulling over and the rational to do so. Commissioner Penserga asked how the officer would know if someone were texting and learned the Statute specifies typing in characters, numbers and engaging the keyboard or screen with fingers thereby manipulating the device. 15 Page 191 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Commissioner McCray asked how the law is enforced with the Police Department and employees. Chief Gregory commented police and fire department employees and other groups are exempt when used during the course of official duties. The law considers today's vehicles are computer based and have digital screens for air conditioning, radio or navigational systems. The law takes into account the driver may be touching a screen to navigate or turn down the radio. That would not be a violation. If there is a cell phone and the driver is typing continuously, it would be reasonable suspicion for an officer to pull a driver over. Vice Mayor Katz commented the law was watered down to the point the law cannot be enforced. He read: "A law enforcement officer who stops a motor vehicle for a violation of paragraph A, must inform the motor vehicle operator of his or her right to decline a search of his or her wireless communication device and may not access the communication device without a warrant, confiscate the wireless communication device while awaiting issuance of a warrant, or obtain consent from the motor vehicle operator to search his or her communication through cohesion or improper methods." There is language that requires the officer to tell the driver they do not have to show him the phone, which is the only evidence they have. The law allows individuals to type on their phone in motion for GPS purposes. He thought the future of the law is to do what other states have done which means motorists are not allowed to touch their phone for any reason when driving. Vice Mayor Katz thought the law was a good effort, but is nearly impossible to enforce. Chief Gregory commented the driver could still be cited and motorists should not challenge the Officer or get into a debate over the reason for the traffic stop. Commissioner Romelus asked what the City was doing in addition to bias training, to ensure motorist are not targeting individuals improperly. Chief Gregory explained the Legislature included language requiring Officers to receive training and to report and document the race and ethnicity of who the citations were issued to and report the statistics to the Department of Highway, Safety and Motor Vehicles. Officers are required, as part of their certification, to be retrained regularly regarding ethical behavior and that profiling is unethical, illegal and not supported in Boynton Beach. Commissioner Romelus requested the Commission receive a copy of the report sent to the Department of Highway and Motor Vehicles on an annual basis. Susan Oyer, 140 SE 27th Way, asked about the status for drivers to use their cellphone for navigational purposes, noting Bluetooth was common. Chief Gregory responded navigation and GPS was exempt. Commissioner Romelus asked if a motorist could use their phone at red lights or stop signs as the vehicle was not in motion and learned drivers could. 11 C. Approve tuition of $2,000 for Commissioner Romelus to attend the Palm Beach County Leadership Engage Program 16 Page 192 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Mayor Grant read the item and acknowledged it was a walk-on item. Mayor Grant noted Commissioner Romelus has been accepted into the program which cost $2,300. Commissioner Romelus personally paid the application fee of $100 and was awarded a $300 scholarship. He read the item for the benefit of the public. Mayor Grant congratulated both Commissioner Romelus and City Manager LaVerriere on their selection and noted he had attended a few of the Palm Beach County events they held with CareerSource and other non-profits and felt it was a worthwhile investment. He requested Commissioner Romelus and the City Manager give a report. Commissioner McCray asked how much was remaining in the account and learned there was $8,800. Commissioner McCray would support the request, but felt some may take advantage because the same person is spending all the funds. Ms. LaVerriere explained she spoke with Mayor Grant about her application to the leadership program, which she wanted to attend for years. It is a highly competitive program and this year the organization received the most applications to-date. She encouraged all of the members to apply and she was unaware that two individuals from the same entity could be selected. Motion Commissioner McCray moved to approve Commissioner Romelus attending Palm Beach County Leadership Engage Program. Commissioner Penserga seconded the motion that unanimously passed. 12. LEGAL A. PROPOSED ORDINANCE NO. 19-020 - FIRST READING - Approve proposed amendments to Part II, Code of Ordinances, Chapter 10, Article II, Refuse, Garbage and Trash, Section 10-30, Rates and charges for City service; allowing rates to be set by resolution of the Commission. Attorney Cherof read proposed Ordinance No. 19-020 by title only on first reading. Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion. Commissioner McCray asked what the rates were and what the Ordinance would accomplish. Mr. Mack explained the Ordinance removes rates from the Code of Ordinances and the Commission will set them via Resolution. There is no change in the rate associated with the Ordinance. Staff will present the Resolution with the rate changes at the second reading and noted there will be no rate changes for residential service, but commercial rates will change. 17 Page 193 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Mayor Grant asked if a rate hike had been previously approved and learned one had. The City had approved an increase for the following two fiscal years. It included a residential increase that was previously approved and a commercial increase. Changes could be made when the Resolutions are presented. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 19-021 - FIRST READING - Approving the partial abandonment an 11 ft. by 30 ft. portion of an existing utility easement along Woolbright Road as part of the Wawa project located at Woolbright Road and Congress Avenue. This area will be dedicated as public right of way by Palm Beach County, and the City utilities will be located within the public right of way. Attorney Cherof read proposed Ordinance No. 19-021 by title only on first reading. Mr. Suss asked where the easement was and learned it is on Woolbright Road. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. B. PROPOSED RESOLUTION NO. R19-070 - Approving Reasonable Accommodation Policy Mayor Grant reviewed this policy was approved by the Department of Housing and Urban Development. Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Commissioner McCray asked for a hard copy of the policy. Ms. LaVerriere agreed to forward. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R19-071 -Approving Non-Discrimination Policy 18 Page 194 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion. Commissioner McCray requested a copy of the Resolution. Vote The motion unanimously passed. 13. FUTURE AGENDA ITEMS A. Department to give brief presentation of their operations Development - July 2019 Library - September 2019 B. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects -Also discuss expedited permitting ordinance. July 16, 2019 C. Vice Mayor Katz has requested to discuss future Dogs on the Beach Events - July 16, 2019 D. Dorothy Jacks, PBC Property Appraiser to address the Commission - August 6, 2019 E. Staff to present updated Social Media Policy - August 20, 2019 F. The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use - TBD 14. ADJOURNMENT Mayor Grant looked forward to seeing all at the 4t" of July events. Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Penserga seconded the motion that unanimously passed. The meeting was adjourned at 8:34 p.m. (Continued on next page) 19 Page 195 of 356 Meeting Minutes City Commission Meeting Boynton Beach, Florida July 2, 2019 ... .. ....... ... ........ ....... .... .. . CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Justin Katz Commissioner - Mack McCray Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST Queenester Nieves Deputy City Clerk Catherine Cherry Minutes Specialist 20 Page 196 of 356 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Approve the Bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Bid#029-1412-19/MFD to the following ten (10) companies: Palm Truck, SBL Freightliner, Nextran, Trekker Tractor, Sunbelt, Pat's Pump, Dartco, Expert Diesel, General GMC and Southern Sewer on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of$500,000. EXPLANATION OF REQUEST: Contract Term: September 4, 2019 thru September 3, 2021 On June 18, 2019, Procurement Services opened and tabulated ten (10) bids for Service/Parts for Large Trucks. All bids were reviewed by the Manager of Materials and Distribution. It was determined to recommend award by a lot to lot basis to the ten (10) companies. The award is based on percentage discount and service cost per hour. The award is as follows: LOT# 1 Palm Truck OEM Part Discount 16% Service Cost per Hour $115.00 LOT#2 SBL Freightliner OEM Part Discount 20% Service Cost per Hour $145.00 LOT#3 Nextran OEM Part Discount 20% Service Cost per Hour $142.00 LOT#4 NO BID LOT#5 SBL Freightliner OEM Part Discount 20% Service Cost per Hour $145.00 LOT#6 Trekker Tractor OEM Part Discount 15% Service Cost per Hour $150.00 LOT#7 Page 197 of 356 Sunbelt OEM Part Discount 20% Service Cost per Hour $125.00 LOT#8 Pat's Pump OEM Part Discount 10% Service Cost per Hour $80.00 LOT#9 NO BID LOT# 10 Pat's Pump OEM Part Discount 0% Service Cost per Hour $80.00 LOT# 11 SBL Freightliner (Primary) OEM Part Discount 20% Service Cost per Hour $145.00 Dartco (Secondary) OEM Part Discount 28% Service Cost per Hour $135.00 LOT# 12 Expert Diesel (Primary) OEM Part Discount 40% Service Cost per Hour $225.22 General GMC (Secondary) OEM Part Discount 30% Service Cost per Hour $286.75 LOT# 13 Pat's Pump OEM Part Discount 0% Service Cost per Hour $80.00 LOT# 14 NO BID LOT# 15 Southern Sewer OEM Part Discount 0% Service Cost per Hour $120.00 Note * For LOT# 11, it is recommended to go to SBL Freightliner for repair and Dartco for parts. Dartco does not have a facility located in Florida for repairs. They are able to ship parts to our location. The City currently has a bid in place that will expire 9-3-19. This bid will take effect after the current one expires. The bid will be for two (2) years and will allow for three (3) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Page 198 of 356 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of service/parts for large trucks and heavy duty equipment. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked within the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account number 502-0000-141-0100 FY 16/17 expenditures were $127,391 FY 17/18 expenditures were $205,164 FY 18/19 expenditures to date are $399,913.56 ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet Page 199 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LAF HEAVY DUTY VEHICLES AND EQUIPMENT BID#029-1412-19/MFD Dartco Transmission Sales and Service 3601 N.Graham Street Charlotte,NC.28206 Phone(704)376-2611 Contact:Jason Knotts Email:iknottsodartco.net LOT#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#2 Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD Page 200 of 356 LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#8 Aq uatech ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD Page 201 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#10 Vac-con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 28% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOT PROVIDED ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $135.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 TCM A53 $755.50 28% $621.02 29551869 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $135.00 $621.02 $756.02 LOT#12 Autocar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Torque Rod NO BID NO BID NO BID A3581069-628 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD Page 202 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber Bumpers on Side Arm NO BID NO BID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BVD Dartco Transmission Sales and Service 3601 N.Graham Street Charlotte,NC.28206 Phone(704)376-2611 Contact:Jason Knotts Email:iknottsadartco.net BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS NOT A MONORITY OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOT A LOCAL BUSINESS NO ADDENDUM SUBMITTED ADDENDA ADDENDUM 1&2 NOT RELEVANT SCRUTINIZED COMPANIES YES COMMENTS Page 203 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT BID#029-1412-19/MFD KVP Ent.DBA Expert Diesel 4700 Oakes Rd Suite G Ft.Lauderdale,FL.33314 Phone(954)583-2400 Contact:Karen Putter Email:kpitDcumminsexpert.com LOT#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#2 Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID Page 204 of 356 LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#8 Aquatech ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID Page 205 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#10 Vac-con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#12 Autocar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 40% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NONE PROVIDED ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $90.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Torque Rod $225.36 40% $135.22 A3581069-628 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $90.00 $135.22 $225.22 Page 206 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Roller Assembly NOBID NOBID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOBID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NOBID ITEM DESCRIPTION CURRENT PRICE DISCOUNT h FINAL ITEM PRICE 4 Rubber Bumpers on Side Arm NOBID NOBID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NOBID NOBID KVP Ent.DBA Expert Diesel 4700 Oakes Rd Suite G Ft.Lauderdale,FL.33314 Phone(954)583-2400 Contact:Karen Putter Email:kp(rpcumminsexpert.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS HISPANICWOMEN OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOT A LOCAL BUSINESS ADDENDUM 1 SUBMITTED ADDENDA OK/ADDENDUM 2 NOT RELEVANT SCRUTINIZED COMPANIES YES COMMENTS Page 207 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT BID#029-1412-19/MFD General GMC Truck Sales 360 South Military Trail West Palm Beach,FL.33415 Phone(561)686-8906 Contact:Leonartl Desanti Email:trucks eral m L0T#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD L0T#2 Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD L0T#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD Page 208 of 356 LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#8 Aquatech ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD Page 209 of 356 L0T#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#10 Vac-con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#12 Autocar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 30% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR $193.50 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $129.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Torque Rotl $225.36 30% $157.75 A3581069-628 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $129.00 $157.75 $288.75 Page 210 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber Bumpers on Side Arm NO BID NO BID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BSD General GMC Truck Sales 360 South Military Trail West Palm Beach,FL.33415 Phone(561)686-8906 C ontact:Leonartl DesantI Email:trucks eral m BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS NOTA MINORITY OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOTA LOCAL BUSINESS ADDENDUM 1 SUBMITTED ADDENDA OK/ADDENDUM 2 NOT RELEVANT SCRUTINIZED COMPANIES YES COMMENTS Page 211 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE ANC HEAVY DUTY VEHICLES AND EQUIPMENT BID#029-1412-19/MFD Nextran Truck Centers 7151 Industrial Drive South Riviera Beach,FL.33404 Phone(561)842-6225 Contact:Ron Wood Email:rwood@_nextrancorp.com LOT#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#2 Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 20% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOT PROVIDED ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $142.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly $93.63 20% $74.90 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $142.00 $74.90 $216.90 LOT#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 212 of 356 LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#8 Aquatech TEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 213 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#10 Vac-con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#12 Autocar TEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Torque Rod NO BID NO BID NO BID A3581069-628 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 214 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber Bumpers on Side Arm NO BID NO BID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Nextran Truck Centers 7151 Industrial Drive South Riviera Beach,FL.33404 Phone(561)842-6225 Contact:Ron Wood Email:rwood nextrancor .com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS NOT A MONORITY OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOT A LOCAL BUSINESS NO ADDENDUM SUBMITTED ADDENDA ADDENDUM 1 &2 NOT RELEVANT SCRUTINIZED COMPANIES YES COMMENTS Page 215 of 356 one(95a�58a3v10 #1 Peterbilt 77. #2 Freightliner —FFIIII 77. 112 1111 #3 Mack —FFIIII 77. 2 —1 77. 17 112 1111 #4 International III—IFFIIII 4 .1. ...1. xoxio 112 1141 [E" IIICE.F.1"IIE"I IIICE III"11E"4 —L Page 216 of 356 L-5 Sterling L-6 Case #7 Heil 77. L-8 Aquatech 77. 17 Page 217 of 356 L-9 Caterpillar sio #10 Vac-con 77. L-11 Allison Transmission 77. 17 #12 Autocw sio 2 IIAI 1ALL-11I 77. 51'IYZZE� Page 218 of 356 —#13 Vactor YE. 1 YE. FIY EFFE YE. MY I EFFE"I FIEVIII I'll S..I. YE. 11IFY YE.III IS YE. ",'1111.IFE.I "I'1111.YE. YIlL I S..I. ISII — 14 GS Products YE. IFIIF—.E IIFIIIIF 1 YE. MY I EFFE"I FIEVIII I'll S..I. 77. 11IFY YE.11117 4 1- 1111141 YE. ",'1111.IFE.1 111.YE.4 YIlL -I. ISII #o VO, YE. IFIIF—.E IIFIIIIF 1 YE. MY FIFE YE. MY I FIFE"I FERVIII I'll S..I. 77. 11IFY YE.11117 14 1. 1441 1 E- FE'll I FlIlEI FI.I-El.E.EIF FEE I FEE FIYI IIF.IIFFFFlI.lY FEE IF 1111 FEES IIIIIIIE FEE YES IIII-EIIIIIIEFF Y_IFFY IIIEI IIIIIESS 'FFY.FEFIl III—IIFIEIYII EIE.L L,1,F IIIIIEFF IIEI I I..F-El 11.1-SE I—EIFE Page 219 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTU PER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQU I PM ENT BID#029-1412-19/MFD Pe['s Pump end Blower 2141 Wes[Church S[ Orlentlo,FL.32805 Phone(800)35&1881 Conten Kevin Fender Email:oat"umo®aol.com Lor#t Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Lor#z Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID Page 220 of 356 Lor#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID Lor#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Lor#6 Aquatech ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 10% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR $80.00 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $80.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly $467.62 10% $420.86 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL S $80.00 $420.86 $600.86 Page 221 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID LOT#10 Vac-Con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 0% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR $80.00 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $80.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly $29.13 0% $29.13 0620640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $80.00 $29.13 $109.13 Lor#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 0620640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#12 Antocar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Torque 1. NO BID NO BID NO BID A 35010fi9-fi20 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NU BID Page 222 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 0% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR $80.00 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $80.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly $294.52 0% $294.52 Ofi2-Ofi40 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $80.00 $294.52 $374.62 Lor#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber 31mpers.1 Sltl Arte NO BID NO BID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID P-Pump e,d 31- 2 14 1 lower2141 W.t Chu rch S[ Orl do FL.32805 Phone(800)359-1881 Con[eR Kevin Flld I BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTIKICKBACKAFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS NOT A MINORITY OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOTA LOCAL BU SINESS NO ADDENDUM SUBMITTED ADDENDA OK/ADDENDUM 1&2 NOT RELEVANT SCRUTINIZED COMPANIES YES COMMENTS Page 223 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/Li HEAVY DUTY VEHICLES AND EQUIPMENT BID#029-1412-19/MFD SBL Freightliner LLC 2840 Center Port Circle Pompano Beach,FL.33064 Phone(954)545-1000 Contact:Edwin Chi Email:echi@_Ioubachrodt.com LOT#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#2 Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 20% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOT PROVIDED ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $145.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly $146.16 20% $116.93 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $145.00 $116.93 $261.93 LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 224 of 356 LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 20% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOT PROVIDED ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $145.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly $104.93 20% $83.94 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $145.00 $83.94 $228.94 LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#8 Aquatech TEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 225 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#10 Vac-con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 20% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NOT PROVIDED ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $145.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly $1,150.69 20% $920.55 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $145.00 $920.55 $1,065.55 LOT#12 Autocar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Torque Rod NO BID NO BID NO BID A3581069-628 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL ITEM NO BID NO BID NO BID Page 226 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber Bumpers on Side Arm NO BID NO BID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID SBL Freightliner LLC 2840 Center Port Circle Pompano Beach,FL.33064 Phone(954)545-1000 Contact:Edwin Chi Email:echi@_Ioubachrodt.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS NOT A MONORITY OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOT A LOCAL BUSINESS NO ADDENDUM SUBMITTED ADDENDA ADDENDUM 1 &2 NOT RELEVANT SCRUTINIZED COMPANIES YES COMMENTS Page 227 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT BID#029-1412-19/MFD SSES dba Southern Sewer Equipment Sales 3409 Industrial 27th Street Fort Pierce,FL.34946 Phone(800)782-4134 Contact:Felix Denmon Email:info(cDaouthernsewer.com L0T#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#2 Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND Page 228 of 356 LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#8 Aquatech ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND Page 229 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#10 Vac-con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#12 Autocar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Torque Rod NO BID NO BID NO BID A3581069-628 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND Page 230 of 356 LOT#13 Vacto r ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BIND LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 0% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR $247.17 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $120.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber Bumpers on Side Arm $29.40 0% $29.40 22295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $120.00 $29.40 $149.49 SSES dba Southern Sewer Equipment Sales 3409 Industrial 27th Street Fort Pierce,FL.34946 Phone(800)782-4134 Contact:Felix Denmon Email:info(a�southernsewer.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS WOMEN OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOT A LOCAL BUSINESS ADDENDUM 1&2 SUBMITTED ADDENDA SCRUTINIZED COMPANIES YES COMMENTS Page 231 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTU PER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQU I PM ENT BID#029-1412-19/MFD Sun Bel[IT""'lic&Equ 1pment 2201 NVV22,d St PompanoBeech,FL.33009 Phone(501)214-8505 Conten Mend P.Chavez Email:mickevchaveatDsunbeltwaste.com Lor#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 PdlI,Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID Lor#z Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NU BID LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NU BID Page 232 of 356 Lor#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Lor#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 20% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR $126.00 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $116.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly $410.60 20% $328.40 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b $116.00 $328.40 $443.40 Lor#6 A uatech ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NU BID Page 233 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#10 Vac-Con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Asse mbly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID Lor#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NO BID LOT#12 Antocar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENTPRICE DISCOUNT% FINAL ITEM PRICE 4 rque Rotl NO BID NO BID NO BID A3To5010,9 20 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL b NO BID NO BID NU BID Page 234 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Lor#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 002-0040 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENTPRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber Bumpers 11 Sill All NO BID NO BID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Sun Belt Tyre Iic&Equipment 2 20 1 NW 22,d St Pompano Beech,FL 33009 Ph,ne1501)214-1505 Co'[eR Mario P.Chavez BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTIKICKBACKAFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS NOTA MINORITY OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOTA LOCAL BU SINESS NOADDENDUM SUBMITTED ADDENDA OK/ADDENDUM I&2NOTRELEVANT SCRUTINIZED COMPANIES YES COMMENTS Page 235 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR MEDIUM/LARGE HEAVY DUTY VEHICLES AND EQUIPMENT BID#029-1412-19/MFD Trekker Tractor LLC 12601 W.Okeechobee Rd. Hialeah Gardens,FL.33018 Phone(305)821-2273 Contact:Michael Cabrera Email:michael.cabrera@trekkerarouo.com LOT#1 Peterbilt ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#2 Freightliner ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#3 Mack ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#4 International ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 236 of 356 LOT#5 Sterling ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#6 Case ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 15% ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR $150.00 ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR $150.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly $358.80 15% $304.98 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 $150.00 $304.98 $454.98 LOT#7 Heil ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#8 Aquatech ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 237 of 356 LOT#9 Caterpillar ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#10 Vac-con ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#11 Allison Transmission ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#12 Autocar TEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Torque Rod NO BID NO BID NO BID A3581069-628 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID Page 238 of 356 LOT#13 Vactor ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#14 GS Products ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Roller Assembly NO BID NO BID NO BID 062-0640 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL 5 NO BID NO BID NO BID LOT#15 New Way ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 ROAD CALL SERVICE HOUR NO BID ITEM DESCRIPTION UNIT 3 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 4 Rubber Bumpers on Side Arm NO BID NO BID NO BID 122295 ITEM PRICE FROM ITEM 3 PRICE FROM ITEM 4 TOTAL ITEM NO BID NO BID NO BID Trekker Tractor LLC 12601 W.Okeechobee Rd. Hialeah Gardens,FL.33018 Phone(305)821-2273 Contact:Michael Cabrera Email:michael.cabrera(a trekkergroup.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF DRUG-FREE WORKPLACE YES YES CONFIRMATION OF MINORITY OWNED BUSINESS NOT A MONORITY OWNED BUSINESS PALM BEACH COUNTY INSPECTOR GENERAL YES SUBMITTED LOCAL BUSINESS NOT A LOCAL BUSINESS ADDENDUM 1 &2 SUBMITTED ADDENDA SCRUTINIZED COMPANIES YES COMMENTS Page 239 of 356 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Approve the Bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALLAND LIGHT DUTY VEHICLES AND EQUIPMENT' Bid#032- 1412-19/MFD to the following four (4) companies: Al Packer, Autonation Chevrolet, Grieco Ford and Schumacher Parts on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of$110,000. EXPLANATION OF REQUEST: Contract Term: September 4, 2019 thru September 3, 2021 On June 20, 2019, Procurement Services opened and tabulated four (4) bids for Services/Parts for Small Vehicles. All bids were reviewed by the Manager of Materials and Distribution. It was determined to recommend award by a lot to lot basis to the four (4) companies. The award is based on percentage discount and service cost per hour together. The award is as follows: LOT# 1 Grieco Ford (Primary) OEM Part Discount 25% Service Cost per Hour $80.00 Al Packer (Secondary) OEM Part Discount Cost plus 9% Service Cost per Hour $85.00 Autonation Chevrolet (Third) OEM Part Discount 37% Service Cost per Hour $115.98 Schumacher Parts (Third) OEM Part Discount 34% Service Cost per Hour $119.52 LOT#2 Grieco Ford (Primary) OEM Part Discount Cost plus 8% Service Cost per Hour $80.00 Al Packer (Secondary) OEM Part Discount Cost plus 9% Service Cost per Hour $85.00 Schumacher Parts (Third) OEM Part Discount 34% Service Cost per Hour $125.00 Page 240 of 356 LOT#3 Grieco Ford (Primary) OEM Part Discount 25% Service Cost per Hour $80.00 All Packer (Secondary) OEM Part Discount Cost plus 9% Service Cost per Hour $85.00 Schumacher Parts (Third) OEM Part Discount 34% Service Cost per Hour $125.00 LOT#4 NO BID Note* For LOT# 1, it is recommended to go with two (2) thirds to have all options available in the event the primary, secondary and one of the third vendors cannot supply a part in time. The City currently has a bid in place that will expire 9-3-19. This bid will take effect after the current one expires. The bid will be for two (2) years and will allow for three (3) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of service/parts for small vehicles and equipment. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked with the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 FY 16/17 expenditures were $60,822.61 FY 17/18 expenditures were $101,608.39 FY 18/19 expenditures to date are $88,493.82 ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 241 of 356 Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet Page 242 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT BID#032-1412-19/MFD Al Packer Inc. 1530 N.Military Trail West Palm Beach,FL.33409 Contact:Millie Perez Phone:(561)689-6550/Fax(561)640-3853 Email:m erez al ackertord.com LOT#1 Chevrolet ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 9%COST PLUS ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $85.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Motor Mount $100.02 9% $109.91 22849845 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST(Addition of items 1&2) 4 $85.00 $109.91 $194.91 LOT#2 Ford ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 9%COST PLUS ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $85.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 ABS Module $219.29 9% $239.02 FB5Z2C219A ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 $85.00 $239.02 $324.02 LOT#3 Dodge ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 9%COST PLUS ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $85.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Control Arm $170.21 9% $187.04 68045131AE ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 $85.00 $187.04 272.04 LOT#4 Toro ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Rotary Blades NO BID NO BID NO BID 110-0622-03 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 NO BID NO BID NO MD Page 243 of 356 Al Packer Inc. 1530 N.Military Trail West Palm Beach,FL.33409 Contact:Millie Perez Phone:(561)689-6550/Fax(561)640-3853 Email:m erez al ackerford.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS YES NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDA NA COMMENTS Page 244 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT BID#032-1412-19/MFD Autonation Chevrolet/Steve Moore Chevy Greenacres 5757 Lake Worth Rd. Greenacres,FL.33463 Contact:Chris D'Altilio Phone:(561)433-3765 Email:daltilioc�on.com LOT#1 Chevrolet ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 37 ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $115.98 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Motor Mount $141.52 37% $89.16 22849845 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST(Addition of items 1&2) 4 $115.98 $89.16 $205.14 LOT#2 Ford ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 ABS Module NO BID NO BID NO BID FB5Z2C219A ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 NO BID NO BID NO MD LOT#3 Dodge ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Control Arm NO BID NO BID NO BID 68045131AE ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 NO BID NO BID NO MD LOT#4 Toro ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Rotary Blades NO BID NO BID NO BID 110-0622-03 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 NO BID NO BID NO MD Page 245 of 356 Autonation Chevrolet/Steve Moore Chevy Greenacres 5757 Lake Worth Rd. Greenacres,FL.33463 Contact:Chris D'Altilio Phone:(561)433-3765 Email:daltillocLMautonatilon.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS YES NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDA NA COMMENTS Page 246 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT BID#032-1412-19/MFD Grieco Ford Delray 3000 S Federal Hwy Delray Beach,FL.33483 Contact:Tara Nichols Phone:(561)272-1159 Email:tnlchols�rs.com LOT#1 Chevrolet ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 25% ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $80.00 Cars/$90.00 Diesel ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Motor Mount $91.96 25% $68.97 22849845 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST(Addition of items 1&2) 4 $80 Cars/$90 Diesel $68.97 $148.971$158.97 LOT#2 Ford ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 8%COST PLUS ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $80.00 Cars/$90.00 Diesel ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 ABS Module $219.29 8% $236.83 FB5Z2C219A ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 $80 Cars/$90 Diesel $236.83 $316.831$326.83 LOT#3 Dodge ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 25% ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $80.00 Cars/$90.00 Diesel ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Control Arm $178.75 25% $134.06 68045131AE ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 $80 Cars/$90 Diesel $134.06 $214.061$224.06 LOT#4 Toro ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Rotary Blades NO BID NO BID NO BID 110-0622-03 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 NO BID NO BID NO BVD Page 247 of 356 Grieco Ford Delray 3000 S Federal Hwy Delray Beach,FL.33483 Contact:Tara Nichols Phone:(561)272-1159 Email:tnichols riecocars.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS YES NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDA NA COMMENTS Page 248 of 356 ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT BID#032-1412-19/MFD Schumacher Parts Group 2102 S.Federal Hwy Delray Beach,FL.33483 Contact:Chris Smith Phone:(800)433-0018 Email:chrissmith(_schunmcherauto.com LOT#1 Chevrolet ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 34% ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $119.52 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Motor Mount $141.52 34% $93.40 22849845 ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST(Addition of items 1&2) 4 $119.52 $93.40 $212.92 LOT#2 Ford ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 34% ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $125.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 ABS Module $337.37 34% $222.66 FB5Z2C219A ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 $125.00 $222.66 347.66 LOT#3 Dodge ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS 34 ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR $125.00 ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Control Arm $239.00 34% $157.74 68045131AE ITEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST 4 $125.00 $157.74 $292.74 LOT#4 Toro ITEM DESCRIPTION PERCENTAGE DISCOUNT OFFERED 1 OEM PARTS NO BID ITEM DESCRIPTION UNIT HOURLY RATE 2 HOURLY RATE FOR SERVICE HOUR NO BID ITEM DESCRIPTION CURRENT PRICE DISCOUNT% FINAL ITEM PRICE 3 Rotary Blades NO BID NO BID NO BID 110-0622-03 TEM HOURLY RATE FINAL ITEM PRICE FROM ITEM 3 TOTAL COST Page 249 of 356 14 NO BID NO BID NO BID I Page 250 of 356 Schumacher Parts Group 2102 S.Federal Hwy Delray Beach,FL.33483 Contact:Chris Smith Phone:(800)433-0018 Email:chrissmith(&_schumacherauto.com BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL YES LOCAL BUSINESS YES NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES YES ADDENDA NA COMMENTS Page 251 of 356 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Authorize utilizing the State of Florida Alternate Contract#43211500-W SCA-15-ACS for the purchase of Datrium DVS computer nodes, data nodes, and host software from Transource Services Corp in the amount of$199,959.64. The City is allowed to purchase from State of Florida Contracts. EXPLANATION OF REQUEST: The current Police virtual environment server/storage equipment is reaching end of life and will no longer be supported by the vendor. This means system updates and security patches will no longer be available for the system, leaving it vulnerable to cyber intrusions. The solution chosen to host the Police virtual environment is Datrium DVX. Datrium DVX is the same technology selected and acquired for use by City ITS for City datacenter virtual environments after an extensive evaluation of virtual environment solutions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The current production server and storage for the Police servers hosts 37 servers and will be at end-of-life by the conclusion of the calendar year. Replacing the end-of-life equipment with the new Datrium DVX equipment will ensure continued reliable and efficient service. This replacement will also prevent the Police data center equipment from being out of compliance with the CJ I S Security Policy which requires servers and systems be supported with timely installation of security patches and updates. FISCAL IMPACT: Budgeted Funding has been approved in current FY 18/19 operating budget under account number 001-2112-521-64- 15 ALTERNATIVES: Not approve this purchase and operate Police servers on an unsupported system. Conversely, the City could prepare its own Bid/RFP. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 252 of 356 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing piggy-back of State of Florida Agreement D Agreement Piggy-back Agreement with Transource D Contract Master Agreement D Addendum addendum 1 D Quotes Transource quote Page 253 of 356 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING UTILIZING THE STATE OF FLORIDA COMPUTER 5 EQUIPMENT, PERIPHERALS & SERVICES CONTRACT NO. 6 43211500-WSCA-I5-ACS AND ADDENDUM NO. 1 THERETO IN AN 7 AMOUNT NOT TO EXCEED $199,959.64; AUTHORIZING THE 8 CITY MANAGER TO SIGN AN AGREEMENT WITH 9 TRANSOURCE SERVICES CORPORATION; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the current Police virtual environment server/storage equipment is 14 reaching end of life and will no longer be supported by the vendor and therefore the system 15 updates and security patches will no longer be available for the system, leaving it vulnerable 16 to cyber intrusions; and 17 WHEREAS, this Agreement allows the City's Police Department to use the State of 18 Florida Contract prices to purchase computer related equipment; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon the 20 recommendation of staff, deems it in the best interest of the citizens and residents of the City 21 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with 22 Transource Services Corporation for the purchase of Datrium DVS computer nodes, data nodes 23 and host software in an amount not to exceed $199,959.64 at prices based on State of Florida 24 Computer Equipment, Peripherals & Services Contract No. 43211500-WSCA-15-ACS and 25 Addendum No 1 thereto. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 29 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\87509096-OCAS-4352-BAAO-21AB28675B6B\Boynton Beach.17363.1.Piggy-back -_State_of Florida with Transource_(Computers) -_Reso.docx Page 254 of 356 30 Section 2. The City Commission of the City of Boynton Beach hereby approves 31 and authorizes the City Manager to sign an Agreement with Transource Services Corporation 32 for the purchase of Datrium DVS computer nodes, data nodes and host software in an amount 33 not to exceed $199,959.64 at prices based on State of Florida Computer Equipment, 34 Peripherals & Services Contract No. 43211500-WSCA-I5-ACS and Addendum No 1 thereto, 35 a copy of which is attached hereto as Exhibit"A". 36 Section 3. That this Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day of , 2019. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Justin Katz 45 46 Commissioner—Mack McCray 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Ty Penserga 51 52 VOTE 53 ATTEST: 54 55 56 57 Queenester Nieves 58 Deputy City Clerk 59 60 61 (Corporate Seal) 62 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\87509096-OCAS-4352-BAAO-21AB28675B6B\Boynton Beach.17363.1.Piggy-back -_State_of Florida with Transource_(Computers) -_Reso.docx Page 255 of 356 COMPUTER EQUIPMENT AGREEMENT This Agreement is made as of this day of , 2019 by and between TRANSOURCE SERVICE CORPORATION., 2405 W. Utopia Road, Phoenix, AZ 85027 ("TSC" 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 current production server and storage for the Police servers hosts 37 servers and will be at end-of-life by the conclusion of the calendar year. Replacing the end-of-life equipment with the new Datrium DVX equipment will ensure continued reliable and efficient service. This replacement will also prevent the Police data center equipment from being out of compliance with the CJIS Security Policy which requires servers and systems be supported with timely installation of security patches and updates; and WHEREAS, TSC, has agreed to allow the City to piggy-back the State of Florida Computer Equipment Master Services Agreement and Addendum No 1, Alternate Contract Source No. 43211500-WSCA-I5-ACS for the purchase of Datrium DVS computer nodes, data nodes and host software through March 31, 2020 in an amount not to exceed $199,959.64 at prices based on State of Florida 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 TSC agree that TSC shall provide Datrium DVS computer nodes, data nodes and host software through March 31, 2020 in an amount not to exceed $199,959.64 at prices based on State of Florida Computer Equipment Master Services Agreement and Addendum No 1,Alternate Contract Source No. 43211500-W SCA-I5-ACS, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to State of Florida, 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. B. All Notices to the City shall be sent to: Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\AAC2843C-2C91-4107-883C-81738B90B48E\Boynton Beach.17362.1.Piggyback (State)_PD_Server Purchase.Docx Page 256 of 356 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: 1) Keep and maintain public records required by the CITY to perform the service; Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\AAC2843C-2C91-4107-883C-81738B90B48E\Boynton Beach.17362.1.Piggyback (State)_PD_Server Purchase.Docx Page 257 of 356 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. CLERK@BBFL.US Section 3. In the event that the State of Florida Contract is amended, or terminated, TSC shall notify the City within ten (10) days. In the event the State of Florida Agreement 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. TSC 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 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. Page 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\AAC2843C-2C91-4107-883C-81738B90B48E\Boynton Beach.17362.1.Piggyback (State)_PD_Server Purchase.Docx Page 258 of 356 Section 6. In all other aspects, the terms and conditions of the State of Florida 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 TRANSOURCE SERVICE CORPORATION WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\AAC2843C-2C91-4107-883C-81738B90B48E\Boynton Beach.17362.1.Piggyback (State)_PD_Server Purchase.Docx Page 259 of 356 EXHIBIT A CONTRACT BETWEEN STATE OF FLORIDA AND TRANSOURCE SERVICE CORPORATION Page 5 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\AAC2843C-2C91-4107-883C-81738B90B48E\Boynton Beach.17362.1.Piggyback (State)_PD_Server Purchase.Docx Page 260 Of 356 STATE OF MINNESOTA Materials Management Division 112 Administration Building ` livnese)b 50 Sherburne Avenue •• ; DEPARTMENT OF ADMINISTRATION St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation CONTRACT NO: MNWNC-130 2405 W. Utopia Road Phoenix,Arizona 85027 CONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: executed signatures, Curtis Wescott whichever is later Email: curtisw transource.com Phone: 623.879.8882 ext 24 Through March 31, 2017 EXTENSION OPTION: UP TO 36 MONTHS You are hereby notified that your response to our solicitation,which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1.A Participating Entity's Participating Addendum ("PA")A Participating Entity's Participating.Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4.the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. i IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)have In accordance with Minn.Stat.§16C.03,subd.3. executed this Agreement on behalf of the Contractor as required by applicable a ' s,byl "p 'ons,or ordinances. By: ag (t BY: I `-� i Title: Master A reem ntAdministrator Pllntetl Tide: re, ' mcunac Date: i Date: ' By: Signature 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Pfted Nems Or delegated representative. Title: By: Date: Date: Orlainal signed FEB 2 6 2015 i BY Lucus I Janneff 1 CONTRACT NO. MNWNC-13D MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 261 of 356 COMPUTER EQUIPMENT .,. . 2014-2019 , DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLE OF CONTENTS............................................... SUMMARY......................................... EXHIBIT A-TERMS&CONDITIONS............................................... EXHIBITB-PRICING....................................................................................................................................................23 EXHIBIT B-PRICING SCHEDULE.................................................................. .........................................................25 EXHIBIT C PRODUCT AND SERVICE SCHEDULE (PSS) .....................................................................................26 EXHIBIT D -WEBSITE............................. EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF)............................................................................................28 EXHIBITF-REPORTING..............................................................................................................................................30 EXHIBITG-DEFINITIONS............................................................................................................................................31 C i i 2 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 262 of 356 i COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD SUMMARY i 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award.After evaluation by a multi--state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for Computer Equipment(Desktops, Laptops,Tablets, Servers,and Storage including related Peripherals & Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 4: Server Band 2: Laptop Band 5: Storage Band 3: Tablet The original solicitation included Band 6: Ruggedized.This band has been removed and ruggedized equipment will be allowed in Bands.1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION.All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA)at the option of Participating States.Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as j allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the I purchase of multiple configurations (e.g. an entity could purchase 10 laptops @$10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum *Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 263 of 356 5. RESTRICTIONS.The following restrictions apply to the Master Agreement.A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf(COTS)software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment(Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment. b.Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c.Third Partv Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d.Additional Prod uctlServices 1. Hardware and software required to solely support wide area network(WAN)operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. i I i I I I I 4 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 264 of 356 COMPUTER EQUIPMENT ^.� .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues.A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response.Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions.Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms,specifications and WSCA-NASPO Terms&Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE. a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP.Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum.Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders,whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. S. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 265 of 356 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES.A response may be rejected if it is conditional or incomplete. Responses that contain conflicting,false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Fax: 651.297.3996 Department of Administration E-mail: susan.kahle state.mn.us Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR .All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. if the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat, § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State,its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP,the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time.Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter,fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements,the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD)Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD,COMPLETE,AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement(including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference)and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. 6 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 266 of 356 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION.A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, j b. gives the Lead State something significantly different from that-which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained.A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes.All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 I f l i I 7 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 267 of 356 MASTER AGREEMENT TERMS AND CONDITIONS i B. WSCA-NASPO TERMS AND CONDITIONS j 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent(0.1%or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later.than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services(less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. i. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state.All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. Minnesota WSCA-NASPO Master Agreement 3. The Solicitation including all addendums; and 4. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's responsp to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. AMENDMENTS.The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of tyle WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which rpay accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. � 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Co'ptract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option,the right to control any such litigation on such claim for relief or cause of action. 5. ASS IGNMENTISUBCONTRACT. Contract Vendor shall not assign, sell,transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date 4)f the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attendi09 any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default maybe immediate if defaults cannot be reasonably cured as allowed per Default and Rernedies term. 7. CONFIDENTIALITY NON-DISCLOSURE AND INJUNCTIVE RELIEF. 7.1 Confidentiality. Contract Vendor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential a CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I I Page 268 of 356 or would by its nature be deemed confidential obtained by Contract Vendor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a)any Participating Entity records; (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software)that result from the use of the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that(a) is or becomes(other than by disclosure by Contract Vendor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contract Vendor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractor of Contract Vendor who can be shown to have had no access to the Confidential Information 7.2 Non-Disclosure. Contract Vendor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contract Vendor shall advise Participating Entity immediately if Contract Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contract Vendor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating Entity, Contract Vendor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contract Vendor shall turn over to Participating Entity all documents, papers, and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing, Contract Vendor may keep one copy of such Confidential Informatiop necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Iniunctive Relief. Contract Vendor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 7.4 Participatina Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction(Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding,to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity,the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS&REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an 8 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUfPMENT TRANSOURCE SERVICE CORPORATION Page 269 of 356 opportunity to cure the default. The Lead.State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and j ii. Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. i 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION—INTELLECTUAL PROPERTY., DELETED SEE SECTION 2C17. 16. INDEPENDENT CONTRACT VENDOR.The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any casts allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect,the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure.to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 270 of 356 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury(including death), property damage and personal injury, including coverage for contractual liability,with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty(30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that(i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty(30)days prior written notice, and (iii)provides that the Contract Vendors liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty(30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty(30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED—SEE SECTION 211330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping.labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCAINASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions(e.g., colleges, school districts, counties, cities, etc.,)for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial Obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities(including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days Following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 11 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 271 of 356 i 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision"Purchasing Card"with no additional.charge. 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government(including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency,to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five(5)years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. i The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS -SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly SaieslAdministrative Fee Reporting Tool found at http://www.naso.or MNCPO/Calculator.as x. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is stili required. Reports shall be due no later than the last day of the month following the end of the calendar quarter(as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall afro report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD-Rom,jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed safes data report is in Section 6,Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. 12 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 272 of 356 d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free,transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. a. Acceptance. Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement)shall determine whether all Products and Services delivered meet the Contractor's published specifications(a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty(30)calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Semite,the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. h. Acceptance Testing.The Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable,the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. OWNERSHIP. a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents,whether in tangible or electronic forms, prepared by the.Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement.The Contract.Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. l b. Rights, Title and Interest.All rights, title, and interest in all of the intellectual property rights, including copyrights, patents,trade secrets,trade marks, and service marks in the said documents that the Contract Vendor conceives or originates,.either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials.Where applicable, I works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered"works for hire' as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create.The Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non- exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall 13 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 273 of 356 not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a)the Product performs according to the specifications (b)the Product is suitable for the ordinary purposes for which such Product is used, (c)the Product is designed and manufactured in a commercially reasonable manner, and (d)the Product is free of defects. For third party products sold by the Contract Vendor,the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist-the customer in engaging the manufacturer on warranty and maintenance issues: Upon breach of the warranty, the Contract Vendor will repair or replace(at no charge to the Purchasing Entity)the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. i I i i i I i i i i 94 CONTRACT NO. MNWNG-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 274 of 356 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action j ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and i conditions. i 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010,which entails, in part, the Web Content Accessibility Guidelines(WCAG)2.0(Level AA) and Section 508 Subparts A-D which can be viewed at htto:I/www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered,VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS)for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.gov/oettpolicies-and-standards/acceasiLbLlilty/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing.Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work.An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. 5. AMERICANS WITH DISABILITIES ACT(ADA). DELETED. G. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof,the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract j Vendor shall include a provisionrequiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related j to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal,the prospective lower tier participant[responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 15 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 275 of 356 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, . person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. i f 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any.lower tier covered transaction [subcontract f equal to or exceeding $25,000]with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. Aartici ant in a covered transaction p p ct on ma rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the.eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. frothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is notrequired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS.The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process.A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement.The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement,the Lead State requires that independent manufacturers and resellers cooperate with the already 16 CONTRACT NO. MNWNC•130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 276 of 356 established Contract Vendor in order to meet the.Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.ciov/ruies/final/2012/34-67716.Pdf. 11. COPYRIGHTED MATERIAL WAIVER.The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to ! request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranettinternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response,the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law,the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request,the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,.(and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13(and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article,the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act(and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES.To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations,the Contract Vendor must provide Material Safety.Data Sheets regarding those substances.A copy must be included with each delivery. 16. HUMAN RIGHTWAFFIRMATIVE ACTION.The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of$100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds$100,000 whether it will be a multiple 17 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 277 of 356 award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds$100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn: Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. §363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner)as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event.A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. §363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. §363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance 18 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 278 of 356 i by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. i 17. INDEMNIFICATION The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the Lead State and the Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents,employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Master Agreement will not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the Participating Entity, the Participating Entity shall promptly notify the Contract Vendor.The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability(including legal fees) arising out of such a claim,whether or not such claim is successful against the Participating Entity. If such a claim has occurred, or in the Contract Vendor's opinion is likely to occur,the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and at the Contract Vendor's expense. This remedy is in addition to any other remedy provided by law 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto; shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAI_ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards : i a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. 19 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 279 of 356 These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. ! � 22..NOTICE TO RESPONDERS. Pursuant to Minn. Stat. §270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number.Thisinformation may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. f 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest.An organizational conflict of interest exists when, because of existing or planned activities.or because of relationships with other persons: • a Contract.Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. i The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default.The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms"Contract,""Contract Vendor," "Master. Agreement", "Master Agreement Administrator" and"Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components,Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components"shall include, but are not limited to, Contract Vendor's firewalls, switches, routers,wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data"shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services,or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations;will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 26. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall I continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged.ln accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG)businesses and certified economically disadvantaged(ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first$500,000 of the response to 20 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 280 of 356 the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder"Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under"Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7,the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included. in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd.6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service,as indicated by the person's United States Department of Defense fond DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at any by the United States Department of Veterans Affairs; or (3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first$500,000 of the response. If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. i 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m.to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. I 29. PURCHASE ORDERS.The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.).The Ordering Entity's purchase order constitutes a binding contract 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and 21 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 281 of 356 i I f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to.result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising i. under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and. practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s)to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRET/CONFIDENTIAL INFORMATION.Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 I I 22 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 282 of 356 COMPUTER EQUIPMENT lit( j�n�ira� a 2014-2019 UEAART'MENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S)AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. i 2. PRICE STRUCTURE.The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all"quantity one" procurements.An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE.These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. i 4. BASELINE PRICE LIST.The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website.All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE(PSS). The Product.and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Cgntract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated 4 ase line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE.PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins. 11. SERVICES. Services are at the option of the Participating Entity, The Participating Addendum by each State may address service agreement terms and related travel 23 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 283 of 356 12. LEASING.The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authorityao enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to"address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor. 14. DELIVERY.Delivery of ordered product should be completed within thirty(30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. i i i i 24 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 284 of 356 COMPUTER EQUIPMENT .., .. livnesen 2014-2019 DEPARTMENT OF ADMINISTRATION i i. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE 1. B.SELINE PRICE LIST: TRANSOURCE MSRP LINK: hfto://www.transource comicustamers/wsca/BasePriceSheet.as 2. BAND DISCOUNTS—(CATEGORY EXCEPTIONS APPLICABLE IN ALL BANDS) CATEGORY MINIMUM DISCOUNT BAND 1 DESKTOP 43211507 4% I BAND 2 LAPTOP 43211503 BAND 3 TABLET 1 1,� i BAND 4 SLRVER 43211501 i BAND 5 STORAGE. 1 s CATEGORY EXCEPTION: Product Promotions 1% IMPORTANT: The minimum discount is provided,refer to Contract Vendor's Website for any additional discounts and request a quote for bulklvolume discounts.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside deliverfee must be char ed,the Contract Vendor will notify the customer in advance. 3 THIRD PARTY PRODUCTS - (APPLICABLE IN ALL BANDS) 43211724 10% i 4 SERVICES Se.'rvlces;are atthe option of ParticipatingZtates.Participating Addendums 6y each`State irnay address servrceiagreen ent _tennis and;related travel:.States may,negotiate additional services TFie majority of manufacturer'$.hardware includes a;three year warranty. Customer may:purchase warranty upgrades for certain hardware as offered For standard warranty Infocmatror` htt" ./ transiDurce.comisupbortideftiUlt.aso Accidental Damage—Complete Care: $150 Break/fix non warranty: $75/hour Desktop Installation: (options: copper, sterling and turquoise—see website for details) Copper--$25 Sterling Silver=$40 Turquoise=$75 Training$65/hour INCLUDED. 3 year warranty,`image loading, image consulting, asset tagging, consulting,stogingldeployment(products. needin sta in . nor to.deployment Will' .:be stored in contract vendor warehouse at no additional;cost 5. LEASING Contract Vendor does not offer leasing. I i 6. ADDITIONAL DISCOUNTS—Request a quote for discounts on bulkivolume purchases. a. Per Transaction Multiple Unit: Over$250,000= up to 1.5% additional on Transource systems from Baseline Pricing or.5%on peripherals Over$500,000= up to 2% additional on Transource systems from Baseline Pricing or.75% on peripherals Over$1 million-up to 3% additional on Transource systems from Baseline Pricing or 1%on peripheral b. Cumulative Discounts are based on Total Master Agreement Sales: Over$20 million—Additional .5%from Baseline Pricing Over$50 million—Additional 1%from Baseline Pricing Over$100 million--Additional 1.5%from Baseline Pricin c. Annual Volume Discounts: Over$2 million—Additional .5%from Baseline Pricing Over$5 million—Additional 1%from Baseline Pricing Over$10 million—Additional 1:5%from Baseline Pricing 25 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION it Page 285 of 356 AIt I COMPUTER EQUIPMENT ... .. 2014-2019 ^ ' DEPARTMENT Of ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales.The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the startof sales and containing the following information: a. Band number b. Part#-SKU# c. Manufacturer d. Description e. Minimum Discount f. Category Code(This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME DATE: BASELINE PRICE LIST: LINK: BAND Part#-SKU# MANUFACTURER DESCRIPTION MINIMUM CATEGORY DISCOUNT CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS:A list of third party products is to be submitted to the Lead State.Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance.The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. i 26 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 286 of 356 i COMPUTER EQUIPMENT . IT1 6tv 2014-2019 ' A' DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION.Within 30 calendar days of Master Agreement award,the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect,the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form.The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a) Baseline Price List and historic versions b) Approved Product and Service Schedule(PSS) c) Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d) Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e) Link to the WSCA-NASPO EmarketCenter f) Online ordering capability with the ability to remember multiple ship to locations if applicable to product g) Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h) Sales representatives for participating entities i) Purchase order tracking j) Available Twenty-four(24) hours per day, seven (7)days per week availability, except for regularly scheduled maintenance k) Additional Terms may not be posted on the Website without written approval of the Lead State 1) Link to the WSCA-NASPO EmarketCenter if a State is participating m) Information on accessibility and accessible products n) If participating in Premium Savings Package Program, lead with these products and display prominently on the website o) Links to environmental certification, including but not limited to take-back/recycling programs, p) Information regarding the use of Conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http:llwww,se"ov/rules/final/2012/34 67716.pdf. q) Service options, service agreements for negotiations when allowed by a participating addendum r) EPEAT, Energy Star, etc. s) Link to Signed Participating Addendums t) Link to Signed Master Agreement u) Link to solicitation and Response. 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 287 of 356 I i I COMPUTER EQUIPMENT .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide i quarterly updates of PSS and to make requests.The Action.Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement# with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below. F Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product&Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed Third Party Product Addition Provide warranty Guarantee _Marketing Approval Attach Materials for review _Material Website Change Describe and provide link for review _Miscellaneous inquiry Provide detail (e.g. key contact change, etc.) 'r The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance.Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 28 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 288 of 356 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OFADMMISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD f EXHIBIT E - ACTION REQUEST FORM (ARF) l ACTION REQUEST FORM F LOG h Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): t DATE: f DATE DATE j SUBMITTED ACTION REQUESTED: APPROVED i 1 I'l IIC 4 29 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 289 of 356 i 1'ylLyl COMPUTER EQUIPMENT .. 2014-2019 • DEPARTMENT OF AwNisrRATloN MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING I 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided. I 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. FROM TO DUE: Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: Report Name Submitted to Purpose& Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- i NASPO NASPO 1) Go to: http:l/www.naspo.orgtVVNCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select"no sales for quarter" checkbox 4)Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package(PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit I 30 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 290 of 356 JAW h- , COMPUTER EQUIPMENT 11111®S4f 2014-2019 DEPARTMENT Of ADMfNISTRATfON MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation,there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product.Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1)the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse.All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. .A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit.A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. . Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Deyi..es Fn aloe. be e fered. ..rfer-..ar..-e 1 6 of thea Master Agreement BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources,software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location.A desktop computer typically comes in several units connected together during installation: 1) the processor, 31 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 291 of 356 i r 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy.Star qualified computers and monitors automatically power down to 15 wafts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.enerciystar.gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard-the IEEE 1680 EPEAT standard—and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of.performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures.surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor.mn.aov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use.A laptop includes a j display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission.of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply pp y to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software"glue"that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment ora feature that may be chosen as an addition to or replacement for standard equipment i and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity(e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases,local governments, political subdivisions or other entities in a State maybe authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum.is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State,to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and Conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners,fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 32 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 292 of 356 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peri pheralslaccessoriesloptions and may be offered in any related band. Per Transaction Multiple Unit Discount.A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade(keep pace with the advance of technology)the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http:llwww.wnpsp.com/index.htmi. Purchasing Entity—means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation,factory integration (software or equipment components), asset management, recycling/disposal,training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network.This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network(or subnetwork)that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service(STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud:services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode,firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation.A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN.. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.)for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 33 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 293 of 356 a _ A sa i►.. aia:# . gWifkxk- t 4-0. 41 fht-c vii,ant _. -=*:. ;fit. `.._ „- 4 F' i We .. . C=: :. �f !. X WCVV aFTs flit we&mwhm mw:A, i=,aw am _ 12 60.6,axia wt t Tie lid ... s : .... .:.:;:Of1 4*5 x'10 1st !1^l t, gsit 62 I i E e n 1 rtg: r s . h d( a �dt t ray t t:us by owing iff gr fs66, 27 . 9 If Page 294 of 356 CERTIFICATE OF LIABILITYDATEIMMIDDIYYYYI INSURANCE 02/09/2015 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(les) must be endorsed. If SUBROGATION 1S 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). PRODUCERWillie of Arizona, Inc. CONTACT NAME: c/o 26 Century Blvd PHONE FAX P.D. Box 305191 C E . -877-945-7378 RfG No:1-888-467-2375 -MAIL Piashville, TN 372305191 USA EADDRESS:certificatae@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSUREDINSURERA:Atlantic 5 ecialt Insurance Co an 27154 Traneoltrce Service Corporation DBA: Transource computers INSURER B 2405 W Utopia ltd INSURER C., Phoenix, AZ 85027 INSURER 0: INSURER E: INSURER F; 1 COVERAGES CERTIFICATE NUMBER W767791 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 ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER MMlUOYlYYYY P_0 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DA AGE REN D A PREMISES Ea occurrence $ 500,0)( Y MEO EXP(Any one person) $ 10,00071,o .......02 0,000711013251-0002 04/15/2014 04/01/2015 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,ppp X POLICY❑JECT LCC PRODUCTS-COMP/OPAGG $ 21000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ea accident $ ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS BODILY INJURY(Per accident) $ HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ Per acGdent UMBRELLA LIAB OCCUR EXCESS LIAB EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ QED RETENTION$ $ WORKERS COMPENSATION A AND EMPLOYERS'LIABILITY Y!N X STATUTE ERH ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 406-D4-18-06-0000 04/01/2014 04/01/2015 If yes,describe under E.L.DISEASE-EA EMPLOYE $ 1,000,ODO DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: RFP Computer Equipment: Weaktops, Laptops, Tablets, Servers, Storage, Ruggedized Devices including related Peripherals 6 Services) State of Minnesota is included as an Additional Insured as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN to of Minnesota ACCORDANCE WITH THE POLICY PROVISIONS. Sta Materials management Division AUTHORIZED REPRESENTATIVE 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 ©7988-2094 ACORD CORPORATION. All rights reserved. ACORD 26(2094109) The ACORD name and logo are registered marks of ACORD SR ID:5417914 BATCH:Batch #: 114193 Page 295 of 356 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. aVANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement, Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVE=RAGE EXTENSIONS 1. Additional Insured—Broad Form Vendors 8, Coverage Territory—Worldwide 2. Additional Insured—by Contract,Agreement or 9. Duties in Event of Occurrence,Claim or Suit Permit relating to: 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you tease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft 5. Bodily Injury Redefined—Menta!Anguish 16. Non-awned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers'Goods o Use of Elevators 1. ADDITIONAL INSURED--BROAD FORM VENDORS Section II—Who Is An Insured is amended to include as an additional insured any person(s)or organization(s) (referred to below as vendor)with whore you agreed in a written contract or agreement to provide insurance, but only with respect to"bodily Injury"or"properly damage"arising out of"your products"which are distributed or sold in'the regular course of the vendor's business,subject to the following additional exclusions: a. This provision 1.does not apply to: (1) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (S) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or (8) "Bodily injury" or "properly damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4.or 6.;or VCG 207 07 00 Includes copyrighted material or Insurance services office,Inc. Page 1 of 7 Copyright 2009, MI!!!!I!I!I!!!!!!I1 Page 296 of 356 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products-completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient, part or container,entering into,accompanying or containing such products. 2. ADDITIONAL_INSURED—CONTRACT,AGREEMENT OR PERMIT a, Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s)with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for"bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of"your work"for the additional insured(s) at the location designated in the contract, agreement or permit;or 2. In the maintenance, operation or use of equipment leased to you by such person(s)or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract,agreement or permit. b. The insurance provided to the additional insured herein is limited.This insurance does not a pplY: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy;and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage",or"personal and advertising Injury"; i 2. To any person or organization included as an insured under the Additional insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. . To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or (b) Supervisory,inspection,architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased;or (c) Managers or lessors of premises if: (1) The"oocurrence"takes place after you cease to be a tenant in that premises;or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. S. To"bodily injury,or"property damage"occurring after: (a) All work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (b) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page 2 of 7 Includes copyrighted material of insurance Services office,Inc. VCG 207 07 08 copyright20a9,Ill1111!llrlf±I11I!!I!I!III!f!I±!I±I!irlll!I!1i111 Page 297 of 356 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or"suits"brought;or 3. Persons or organizations making claims or bringing"suiw'. 'These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III —Limits of Insurance,the General Aggregate Limit applies separately to each of your "locations"owned by or rented or leased to you. b. Under Section V—Definitions,the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway,waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Bights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard". This ! waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury"or"property damage",that requires you to waive your rights of recovery. S. BODILY INJURY REDEFINED—MENTAL ANGUISH Under Section V,the deflnition of"bodily injury"is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. S. BROADENED NAMED INSURED Section 11—Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 1130th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE— BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for"property damage"liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; Jb) Personal property in the care, custody or control of the insured; and (C) That particular part of any property that must be restored, repaired or replaced because "your work"was incorrectly performed on it do not apply to "properly damage"to "customers' goods"while on your premises nor do they apply to "property damage"arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods"is$35,000 per"occurrence". VCG 207 07 08 Includes copyrighted material of Insurance Services OtNoe,Inc. Page 3 or 7 Copyright 2009, !!!±!±!!!±!!Il111[±!!!!±!!±!!!±!Il±1!!111!!!1±w! Page 298 of 356 b. Under Section V—Definitions,the following definition is added: "Customers' Goods"means goods of your customer on your premises for the purpose of being: 1. Repaired;or 2. Used in your manufacturing process. j f i c. The insurance afforded by this provision Is excess over any other valid and collectible property insurance (including any deduccdbie) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY—WORLDWIDE i The definition of"coverage territory"Is replaced by the following: "Coverage territory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America(including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following j paragraphs: a. The requirements that you must 1. notify us of an"occurrence"offense,claim or"suit"and 2. send us documents concerning a claim or"suit" apply only when such "accident"claim,"suit"or"loss"is known to: I. You,if you are an individual; i 2. A partner, If you are a partnership; 3. -An executive officer of the corporation or insurance manager,it you are a corporation;or 4. A manager, if you are a limped liability company. b. The requirement that you must notify us as soon as practicable of an"occurrence"or an offense that may result in a claim does not apply if you report an "occurrence"to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence' Is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY(PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury"or"property damage" resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE—EMPLOYED PHYSICIANS, NURSES,EMT%AND PARAMEDICS a. Under Section Il —Who Is An Insured,the paragraph that excludes an employee or volunteer worker as insured for"bodily injury"or"personal and advertising injury"arising out of his or her providing or failing to provide professional health care services does not apply to a physician,dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical,surgical,dental,x-ray or nursing services. b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by as will follow the Other Insurance—Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS—INCREASED LIMITS AND TIME PERIOD In the insuring Agreement under Coverage C— Medical Payments,the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years_ a. The Medical Expense Limit is $15,000r pe person or the amount shown in the Declarations as the Medical Expense Limit,whichever is greater. b. This provision 12. does not apply if Coverage C — Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. Rage 4 of 7 Includes oapyrlghted materiel or Insurance Services Office,Inc. VCG 207 OT 09 copyright2U49,!!I}IFf11111}ill}I}}11111111111111llllll�llllltill Page 299 of 356 13. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the"mobile equipment"definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered"mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II —Who Is An Insured,the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of thecurrent policy period. 15. NON-OWNED AIRCRAFT The Aircraft,Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired,chartered or loaned with a paid crew;and 2. Not owned by any insured. a. The insurance afforded by this provision 15. is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL_LIABILITY CONDITIONS. 16. NON-OWNED WATERCRAFT a. Section If—Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who,With your expressed or implied consent,either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury"to a co"employee"of the person operating the watercraft;or 2. "Property damage"to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability,the limitation on the length of a watercraft Is increased to 55 feet. c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (ncluding any deductible-or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of"personal and advertising injury"are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury"committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or. (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. I VCG 207 07 09 Includes copyrighted material of insurance Services Office,Inc. Page 5 of 7 Copyright 2009, Page 300 of 356 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. a. The following is added to Section III -Limits Of Insurance section: 1. The'Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls"initiated;or (c) Number of"your products"recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all"product recall expenses"incurred for all "covered recalls"initiated during the policy period. 3. Subject to 2.above, the Each Product Recall Limit is the most we will reimburse you for the sum of all j "product recall expenses"arising out of any one"covered recall"for the same defect or deficiency. 4. Subject to 3. above, we will pay only the amount of"product recall expenses"in excess of the deductible amount shown in the Product Recall Schedule. i Products Recall Schedule Limits of Insurance Product Recall Aggregate Limit .$50,000 ' Each Product Recall Limit $25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown in the Declarations will replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV—Conditions: You must see to it that the following are done in the event of an actual or anticipated"covered recall"that may result in"product recall expense": j 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect"your product"that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within SO days after our request.We will supply you with the necessary farms;and 5. .Permit us to examine any insured under oath,while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 8 of 7 Includes copyrighted material of insurance SaMoss office.Inc. VCG 207 07 09 Copyrlght2009, !!!!111111]!IHii111111111111111111l11lIiiI1111111 Page 301 of 356 c. The following definitions are added to the Definitions Section: j 1. "Covered recall' means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition In 'your product"has resulted in or will result in "bodily injury"or"property damage". 2. "Product Recall Expense"means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling"your product": (1� For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular"employees"for necessary overtime; (4) For hiring additional persons, other than your regular"employees'; (6) Incurred by"employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or"property damage"as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense"does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality,durability or performance; (3) Lass of customer approval,or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; i (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any Insured knew or had reason to know at the inception of this insurance;and (7) Redall of 'your products"that have no known or suspected defect solely because a known or suspected defect in another of'Your products"has been found 19. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS Under Section i -Coverages,Supplementary Payments-Coverages A and 13, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. VCG 207 07 09 Includes copyrighted material of Insurance Services Office,Inc. Page 7 of 7 Copyright 2409,11111IN11f11111!111111111111111111111111) MIIII Page 302 of 356 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. I A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b, 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 5. , If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels,the refund may be less than pro rata. The can- cellation will be effective even it we have not made or offered a refund. 6, if notice is mailed, proof of mailing will be sufficient proof of notice. B. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 45 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. I C. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first j Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. D. Concealment,Misrepresentation or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured,at any time,intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property;or 4. A claim under this policy. E. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy pe- dod and up to three years afterward. F. Inspections and Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find;and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or or- ganization to provide for the health or safety of workers or the public.And we do not warrant that conditions: 1.. Are safe or healthful;or 2. Comply with laws,regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections,surveys, reports or recommendations. VIL 40102 05 Includes copyrighted material of Insurance Services Office,Inc. Pagel of 2 Copyright 2004,11IIIIIIIIIIIIIIIIII!!IIIIIIIIII!III11111I!IIII!I! Page 303 of 356 . • i • G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period,the broadened coverage will immediately apply to this policy. H. Premiums 1. All Named Insureds shown in the Declarations are jointly and severally liable and responsible for the pay- meet of all premiums. 2. The first Named Insured shown in the Declarations will be the payee of any return premiums we pay. 1. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only.At the close of each audit pe- riod we will compute the earned premium for that period.Audit premiums are due and payable on notice to the first Named Insured. if the sum of the advance and audit premiums paid for the policy period is greater than the earned premium,we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. J. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. K. Unintentional Errors or Omissions Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with re- spect to the coverage afforded by this policy, provided such failure or omission is not intentional. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonre- newal. i i i Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc. VIL 00102 05 i Copyright 2004,11!11!11!!111111!!111111111!1!11!1!1!11111111111!1 Page 304 of 356 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No.43211500-WSCA-I5-ACS This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and Transource Service Corporation ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor Page 305 of 356 shall of all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CONTRACT MANAGER. Ill. Annual Appropriation.The Participating Addendum is amended to add the following: Pursuant to section 287,0582, F�S., if the ACS binds the State or an agency fort purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. IV. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.&, Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractors business or financial records, documents, or files of any type or form that refer to or relate to the Contract.The Contractor will retain such records for five years after the expiration oft Contract, or the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.myfladda.com/library- arch[ves/records-management/general-records-scheduleso, whichever is longer. The Contractor agrees tori rs the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractot's compliance With the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime;travel and lodging expenses, and expert witness and documentary fees. V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. V1. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Transource Service Corporation Department ofManagemen By: e es �PC By: Name: Erin Rock Name: urfiscstt Title: Chief of Staff Title: NASPO ValuePoint Contract nr Date: Date: _22tjk22jj_ Page 2 of 2 Page 306 of 356 Transource Services Corp SALES 2405 W. Utopia Road Phoenix, AZ 85027 QUOTATION Amended 71: Quotation No.: 318314 Quotation Date: 06/12/19 Due Date: 08/31/19 Customer No.: C990314 Customer Ref. No.: Page No.: Page 1 of 2 ...�...�...�...�...�...�...�...�.�.w..,......................�.-.-.-.-.-.-.-.. �...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�.-.-.-.-..--w.-.. BILL TO SHIP TO Boynton Beach Police Department Boynton Beach Police Department 2045 High Ridge Road 2045 High Ridge Road Boynton Beach FL 33426 Boynton Beach FL 33426 Account Rep: Barb Sullivan Contact Name: Craig Richards Ship Via: Terms: Net 30 FOB: FOB Destination w.w....w....w......_.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w......w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w. Line Item No. Description Qty Unit Price Total 1 NVP NASPO ValuePoint MPA#MNWNC 130 1 2 NVP-FL State of Florida PA#43211500-WSCA-I5-ACS 1 3 TSC-ITEM Datrium DVX Compute Node 2100, 1 U, 128GB,2x E5-4114 v5, 3 $7,022.40 $21,067.20 MFR#CN21 00-SYS-4 B 2x10 cores,2xiGbE,2x10GbE SFP+, 1+1 1100W,2x 240GB Boot 4 TSC-ITEM Option, DVX CN,Memory Upgrade,32GB DIMMs(set of 4)2666 9 $2,186.52 $19,678.68 MFR# Mhz OPTCNRAM128GB2 5 TSC-ITEM Option, DVX CN,Cache SSD 3.84TB w/Sled 6 $1,110.31 $6,661.86 MFR# OPTCNSSD384OGB1 6 TSC-ITEM Datrium Compute Node Vmware vSphere 6.7 Install 3 $532.00 $1,596.00 MFR# OPTCNOS-VSPHERE6 7 7 TSC-ITEM Option, DVX CN, 1 OG SFP+OpticalTransceiver Module(set of 2) 3 $303.24 $909.72 MFR# OPT-CN-SFP-SR-2 8 TSC-ITEM Datrium DVX Data Node HW, Disk,48TB raw, 12x 4TB HDDs, 1 $18,602.06 $18,602.06 MFR#D12X4C-HW 2x10/25G SFP28 per Ctlr 9 TSC-ITEM Optical Transceiver, 10/25G SFP28,4-Pack 1 $868.08 $868.08 MFR# OPTXCVRSFP2825G1 f 10 APC 11 TSC-ITEM NetShelter SX 42U 600mm Wide x 1200mm Deep Enclosure with 1 $1,636.41 $1,636.41 MFR#AR3300 Sides Black 12 TSC-ITEM RK PDU 2G SWCHD OU 15A 100-120V 8 5-15 2 $765.93 $1,531.86 MFR#AP8931 13 Software 14 TSC-ITEM Datrium DVX, Host Software,Standard Edition, Premium Support, 3 $12,694.50 $38,083.50 MFR# 3YR LICHOSTSTDPREM3Y R Phone: (623)879-8882 Fax: (623)879-8887 E-Mail: barbst7atransource.com Website: www.transource.com )(1 PC) Page 307 of 356 Transource Services Corp SALES 2405 W. Utopia Road Phoenix, AZ 85027 QUOTATION Amended 71: Quotation No.: 318314 Quotation Date: 06/12/19 Due Date: 08/31/19 Customer No.: C990314 Customer Ref. No.: Page No.: Page 2 of 2 Line Item No. Description Qty Unit Price Total 15 TSC ITEM LIC-D1 2X4STD PREM 3YR Datrium DVX, D1 2X4 SW, 1 $43,524.00 $43,524.00 MFR# Standard Edition, Premium Support,3YR LICD12X4STDPREM3Y 16 TSC-ITEM CUSTOMER PURCHASING PROGRAM T1 VMWARE 6 $2,902.96 $17,417.76 MFR#VS6-EPL-C-T1 VSPHERE 6 ENTERPRISE PLUS FOR 1 PROCESSOR 17 TSC-ITEM CUSTOMER PURCHASING PROGRAM T1 VMWARE 1 $5,279.62 $5,279.62 MFR#VCS6-STD-C-T1 VCENTER SERVER 6 STANDARD FOR VSPHERE 6(PER INSTANCE) 18 Support 19 TSC-ITEM ;Support,CN2100,4HR HW,3YR 3 $1,539.61 $4,618.83 MFR# SUP-CN2100-4HR3YR 20 TSC-ITEM Datrium DVX Data Node HW Support, D1 2X4,4 Hours,3YR 1 $5,301.86 $5,301.86 MFR# SUPD12X4HW4HR3YR 21 TSC-ITEM PRODUCTION SUPPORT/SUBSCRIPTION VMWARE 12 $854.05 $10,248.60 MFR# ;VSPHERE 6 ENTERPRISE PLUS FOR 1 PROCESSOR FOR 2 VS6-EPL-P-SSS-C ;YEAR 22 TSC-ITEM ;SERVER 6 STANDARD FOR VSPHERE 6(PER INSTANCE) 2 $1,466.80 $2,933.60 MFR# #FOR 2 YEAR VCS6 STD P SSS C SBA certified"American Small Manufacturer" Subtotal $199,959.64 Shipping Tax Total Order Value $199,959.64 Remarks: PT BlueAlly Phone: (623)879-8882 Fax: (623)879-8887 E-Mail: barbst7atransource.com Website: www.transource.com )(1 PC) Page 308 of 356 9.A. CITY MANAGER'S REPORT 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Announce the introduction of two new youth program in the City's Fire and Police Departments. Police Chief Michael Gregory and Fire Chief Glenn Joseph will present the new programs. EXPLANATION OF REQUEST: One of our strategic priorities in the City is to engage our youth. The City has outstanding programs for youth through our Recreation programming, several Police Department initiatives and our Fire Department's new Explorer program, to name just a few. Chief Gregory will share our new summer program titled "Teen Summit" and Chief Joseph will share our plans for the creation of a female mentoring program. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Youth mentoring is a strategic initiative of the City and fulfills our mission of growing a strong, sustainable and engaged community. FISCAL IMPACT: Non-budgeted The programs will cost approximately $25,000 annually. We will utilize donated funds from Christ Fellowship church. We receive $25,000 each year from the church therefore these funds can continue to pay for the program each year. Acct. No. 691-0000-247-01-34 ALTERNATIVES: STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Growing a strong and sustainable community. Providing opportunities for youth to learn about the Police and Fire Service as possible career opportunities. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 309 of 356 Grant Amount: Page 310 of 356 11.A. NEW BUSINESS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Vice Mayor Katz has requested to discuss future Dogs on the Beach Events 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 311 of 356 12.A. LEGAL 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-020 - SECOND READING -Approve proposed amendments to Part II, Code of Ordinances, Chapter 10, Article II, Refuse, Garbage and Trash, Section 10-30, Rates and charges for City service; allowing rates to be set by resolution of the Commission. EXPLANATION OF REQUEST: Solid Waste operations are fully funded through an approved rate structure. As operational and capital costs increase or decrease, rates should be adjusted to ensure financial sustainability of the Division. In order to maintain long term financial stability, rates should be reviewed and adjusted annually based on projected changes in the cost of supplies, materials, labor, and contractual services. Costs changes in these categories are captured by the federal government and published in various Consumer Price Indices (CPI's). Staff is proposing to replace the existing fee structure from the City Code of Ordinances and allow rates to be set by resolution of the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A well managed and funded Solid Waste operation is an important part of the ongoing success of the city. The services provided are some of the essential requirements needed to provide a good quality of life to the residents and business. FISCAL IMPACT: Budgeted Appropriate rates for the services of the Solid Waste Division are essential for the long term stability of the operation with the appropriate level of investment in the maintenance and improvement of the Division. ALTERNATIVES: Maintain the existing method of rate adjustments. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 312 of 356 ATTACHMENTS: Type Description D Ordinance Ordinance approving removal of Solid Waste rates in Code and done by Resolution Page 313 of 356 I ORDINANCE NO. 19- 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AMENDING CHAPTER 10 OF THE CITY'S 4 CODE OF ORDINANCES, "GARBAGE, TRASH AND 5 OFFENSIVE CONDITIONS," ARTICLE II, "REFUSE, 6 GARBAGE AND TRASH", SECTION 10-30,"RATES AND 7 CHARGES FOR CITY SERVICE" ALLOWING FOR 8 SOLID WASTE RATES TO BE SET BY RESOLUTION; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 WHEREAS, Solid Waste operations are fully funded through an approved rate 12 structure and as operational and capital costs increase or decrease, rates should be adjusted to 13 ensure financial sustainability of the utility; and 14 WHEREAS, in order to maintain long term financial stability,rates should be adjusted 15 annually based on projected changes in the cost of supplies, materials, labor, and contractual 16 services which costs changes in these categories are captured by the federal government and 17 published in various Consumer Price Indices (CPI's); and 18 WHEREAS, the City Commission finds the adoption of the proposed ordinance is in 19 the best interest of the health, safety, and welfare of the citizens and residents of the City of 20 Boynton Beach. 21 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 22 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 23 Section 1. Each "Whereas" clause set forth above is true and correct and 24 incorporated herein by this reference. 25 Section 2. Chapter 10,Garbage,Trash and Offensive Conditions,Article H,Refuse, 26 Garbage and Trash, Section 10-30 is amended as follows: 27 28 ARTICLE II. REFUSE, GARBAGE AND TRASH* 29 30 ... 31 32 Sec. 10-30. Rates and charges for City service. 33 The rates and charges for refuse collection service provided by the City shall be as follows: 34 35 Current rate schedules shall be maintained on file in the Office of the City Cleric and shall be 36 available, without charge, to the public. Fees shall be paid according to the fee schedule S:ACA\Ordinances\Solid Waste Rate Increase By Resolution(2019)-Ordinance.Docx -1- Page 314 of 356 72 approved by the City Commission. All Solid Waste Division fees are subject to amendment 73 by resolution by the City Commission. 74 (all 16'emmepei6i 75 (1) Monthly eoffliffle.,_; 76 77 78 . 79 11. n;sposal ekar-ge-A fixed disposal ehar-ge as se+ and modilie,l +;__ +_ +;__ 80 81 82 83 84rp 85 86 87 r0 88 90 91 92 . 93 94 95 Dep ,.4v , 96 . 97 - �;� v � , Mdk; �, <. For FY-2017-18 , For FY-2018-19 For �T�19 20 M7.58 5- For FY -0-21 � For v � For 98 - For 99 100 101 M ar- ops .,diti ns 102 103 Section 3. Each and every other provision of Chapter 10, not herein specifically 104 amended shall remain in full force and effect as previously enacted. 105 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 106 are hereby repealed. S:ACA\Ordinances\Solid Waste Rate Increase By Resolution(2019)-Ordinance.Docx -2- Page2- Page 315 of 356 107 Section 5. Should any section or provision of this ordinance or portion hereof, any 108 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 109 decision shall not affect the remainder of this ordinance. 110 Section 6. Authority is hereby granted to codify said ordinance. 111 Section 7. This ordinance shall become effective immediately upon its passage and 112 adoption. 113 FIRST READING this day of , 2019. 114 115 SECOND, FINAL READING AND PASSAGE this day of 116 , 2019. 117 118 CITY OF BOYNTON BEACH, FLORIDA 119 YES NO 120 121 Mayor— Steven B. Grant 122 123 Vice Mayor—Justin Katz 124 125 Commissioner—Mack McCray 126 127 Commissioner—Christina L. Romelus 128 129 Commissioner—Ty Penserga 130 131 132 VOTE 133 ATTEST: 134 135 136 137 Queenester Nieves 138 Deputy City Clerk 139 140 141 142 (Corporate Seal) S:ACA\Ordinances\Solid Waste Rate Increase By Resolution(2019)-Ordinance.Docx -3- Page 316 of 356 12.B. LEGAL 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-021 - SECOND READING - Approving the partial abandonment an 11 ft. by 30 ft. portion of an existing utility easement along Woolbright Road as part of the Wawa project located at Woolbright Road and Congress Avenue. This area will be dedicated as public right of way by Palm Beach County, and the City utilities will be located within the public right of way. EXPLANATION OF REQUEST: As part of the Wawa project at Woolbright Road and Congress Avenue, a partial abandonment of an 11 ft. by 30 ft. portion of an existing utility easement is required. The abandoned portion of the easement will be dedicated as public right of way to comply with Palm Beach County's expanded intersection requirements and allow for a required right turn lane from Woolbright Road to Congress Avenue. The County requires the dedication area to be free and clear of any encumbrances or encroachment, therefore the purpose of the abandonment is to clear the title to allow the dedication as public right of way. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no adverse impact to City programs or services. The City's utilities will be accessible within the public right of way. FISCAL IMPACT: Budgeted There is no fiscal impact to the City. ALTERNATIVES: Do not approve the abandonment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 317 of 356 ATTACHMENTS: Type Description D Ordinance Ordinance for partial abandonment of existing Utility Easement for Wawa Project (Woolbright) D Addendum Utility Easement Abandonment Sketch and Legal Description D Addendum Specific Purpose Survey with Portion of Utility Easement to be Abandoned Highlighted D Addendum Right of Way Dedication D Addendum Existing Utility Easement Page 318 of 356 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE PARTIAL ABANDONMENT 5 OF AN EXISTING 11 FOOT BY 30 FOOT WIDE PORTION OF 6 A UTILITY EASEMENT ALONG WOOLBRIGHT ROAD AS 7 PART OF THE WAWA PROJECT LOCATED AT 8 WOOLBRIGHT ROAD AND CONGRESS AVENUE, SUBJECT 9 TO STAFF COMMENTS; AUTHORIZING THE CITY 10 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL 11 BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 12 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City is requesting the partial abandonment of a portion of an 16 existing 11 foot by 30 foot wide utility easement recorded December 18, 2000, in ORB 17 12202, Page 1344 of the Public Records of Palm Beach County; and 18 19 WHEREAS, the abandoned portion of the easement will be dedicated as a public 20 right of way to comply with Palm Beach County's expanded intersection requirements and 21 allow for a required right turn lane from Woolbright Road to Congress Avenue; and 22 23 WHEREAS, the County requires the dedication area to be free and clear of any 24 encumbrances or encroachments, therefore the purpose of the abandonment is to clear title 25 to allow the dedication as a public right of way and the City's utilities will be accessible 26 within the public right of way; and 27 28 WHEREAS, comments have been solicited from the appropriate City 29 Departments, and public hearings have been held before the City Commission on the 30 proposed abandonment; and 31 32 WHEREAS, staff finds that the portion of utility easement no longer serves a 33 public purpose, and the City Commission adopts that finding. 34 35 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 37 38 Section 1. The foregoing Whereas clauses are true and correct and 39 incorporated herein by this reference. 40 41 Section 2. The City Commission of the City of Boynton Beach, Florida, does 42 hereby partially abandon a portion of an existing 11 foot by 30 foot wide utility easement 43 recorded December 18, 2000, in ORB 12202, Page 1344 of the Public Records of Palm 44 Beach County, subject to staff comments. The property being abandoned is more 45 particularly described as follows: 46 47 A PORTION OF THE NORTHWEST ONE—QUARTER (NW 1/4) OF SECTION 32, 48 TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND 49 BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 319 of 356 50 INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE 51 RECORDED IN PLAT BOOK 30,PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS 52 OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 53 FOLLOWS: 54 55 COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE 56 S87"39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE 57 CENTERLINE OF SOUTHWEST 15TH AVENUE (WOOLBRIGHT ROAD)AS SHOWN ON 58 SAID PLAT, A DISTANCE OF 444.27 FEET; THENCE, DEPARTING SAID LINE, 59 NO2"20'21"W, A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH 60 THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH 61 AVENUE(WOOLBRIGHT ROAD) , AS RECORDED IN OFFICIAL RECORD BOOK 62 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; 63 THENCE S87"39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE,A DISTANCE OF 64 30.00 FEET; THENCE NO2"20'21"W, A DISTANCE OF 11.00 FEET; THENCE 65 N87"39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02"20'21"E, A DISTANCE OF 66 11.00 FEET TO THE POINT OF BEGINNING. 67 68 SAID LANDS LYING IN SECTION 32,TOWNSHIP 45 SOUTH,RANGE 43 EAST,CITY 69 OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA 70 CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. 71 72 Section 3. The City Manager is hereby authorized and directed to execute the 73 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 74 Records of Palm Beach County, Florida. 75 76 Section 4. This Ordinance shall take effect immediately upon passage. 77 78 FIRST READING this day of , 2019. 79 80 SECOND, FINAL READING AND PASSAGE THIS day of 81 2019. 82 83 CITY OF BOYNTON BEACH, FLORIDA 84 85 YES NO 86 87 Mayor— Steven B. Grant 88 89 Vice Mayor—Justin Katz 90 91 Commissioner—Mack McCray 92 93 Commissioner—Christina L. Romelus 94 95 Commissioner—Ty Penserga 96 97 VOTE 98 S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 320 of 356 99 ATTEST: 100 101 102 103 Queenester Nieves 104 Deputy City Clerk 105 106 107 (Corporate Seal) S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.docx Page 321 of 356 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of an existing utility easement recorded December 18,2000 in ORB 12202,Page 1344 of the Public Records of Palm Beach County, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF THE NORTHWEST ONE—QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION,PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S87"39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE (WOOLBRIGHT ROAD) AS SHOWN ON SAID PLAT,A DISTANCE OF 444.27 FEET;THENCE,DEPARTING SAID LINE, NO2"20'21"W,A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD),AS RECORDED IN OFFICIAL RECORD BOOK 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S87"39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE,A DISTANCE OF 30.00 FEET; THENCE NO2"20'21"W, A DISTANCE OF 11.00 FEET; THENCE N87"39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02"20'21"E, A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. IN WITNESS WHEREOF,the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2019. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Queenester Nieves Lori LaVerriere, City Manager Deputy City Clerk S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 322 of 356 STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2019. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances\Abandonments\partial Abandonment 11 foot Utility Easement along Woolbright(Wawa)-Ordinance.dou Page 323 of 356 EXHIBIT "A" DESCRIPTION: A PORTION OF THE NORTHWEST ONE—QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS A PORTION OF TRACT H-5 AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT H-5; THENCE S87°39'39"W ALONG A LINE 53 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SOUTHWEST 15TH AVENUE (WOOLBRIGHT ROAD) AS SHOWN ON SAID PLAT, A DISTANCE OF 444.27 FEET; THENCE, DEPARTING SAID LINE, NO2°20'21"W, A DISTANCE OF 7.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT—OF—WAY LINE OF SAID SOUTHWEST 15TH AVENUE(WOOLBRIGHT ROAD) , AS RECORDED IN OFFICIAL RECORD BOOK 2494, PAGE 586 OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE S87°39'39"W ALONG SAID NORTH RIGHT—OF—WAY LINE, A DISTANCE OF 30.00 FEET; THENCE NO2°20'21"W, A DISTANCE OF 11.00 FEET; THENCE N87°39'39"E, A DISTANCE OF 30.00 FEET; THENCE S02°20'21"E, A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING A TOTAL OF 330 SQUARE FEET/0.0076 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE ABSTRACTED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FILE NO. 18127297 JC4, DATE: MARCH 8, 2019 AT 8:00 A.M.. REVISED MARCH 18, 2019 AT 8:31 AM, ALL PLOTTABLE EXCEPTIONS ARE SHOWN. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S87°39'39"W ALONG THE NORTH RIGHT—OF—WAY LINE OF WOOLBRIGHT ROAD ALSO BEING THE SOUTH LINE OF THAT PARCEL MARKED AS (NOT INCLUDED) TRACT H-5 ON THE PLAT OF TENTH SECTION, PALM LEISUREVILLE, RECORDED IN PLAT BOOK 30, PAGES 129-141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4. RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT) BASED ON FIELD MEASUREMENTS. 5. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 6. REFERENCES TO PLAT BOOKS OR OFFICIAL RECORDS BOOK PERTAIN TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JUNE 14, 2019. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 3 D g bl ly signed by Dad d CAUL_FIELD & WHEELER INC. dVld Lindley DATE 6/14/19 DN c US,s[Fbnds,l Boc CIVIL ENGINEERING — LAND PLANNING _Is.nn�nrveyng o Caulfeldn Wheeler,Inc, 1 LANDSCAPE ARCHITECTURE — SURVEYING DavdLnd1ey 1� t' 7900 GLADES ROAD — SUITE 100 indley�eo;9�;4104309m DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX561 —750-1452 DAVID P. LINDLEY F.B./ PG. N/A REGISTERED LAND WAWA WOOLBRIGHT AND CONGRESS SURVEYOR NO. 5005 SCALE NONE BOYNTON UE ABANDONMENT STATE OF FLORIDA SKETCH OF DESCRIPTION L.B. 3591 JOB EXHIBIT "A" Li J Z Ln Q W Q ui cn V) Q NORTH w cn Q 0 LiLi LOCATION MAP _:j z NOT TO SCALE rPROJECT z LOCATION WOOLBRIGHT ROAD SECTION 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST NOTES COORDINATES, BEARINGS AND DISTANCES COORDINATES SHOWN ARE GRID DATUM = NAD 83 (90 ADJUSTMENT) ZONE = FLORIDA EAST LINEAR UNIT = US SURVEY FEET COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION ALL DISTANCES ARE GROUND SCALE FACTOR = 1.000042659 GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE BEARINGS AS SHOWN HEREON ARE GRID DATUM, NAD 83 (90 ADJUSTMENT), FLORIDA EAST ZONE. ROTATION EQUATION, GRID TO PLAT LEGEND 00'23'13" CLOCKWISE — CENTER LINE P.O.C.— POINT OF COMMENCEMENT B.E. — BUFFER EASEMENT PGS — PAGE(S) D.E. — DRAINAGE EASEMENT R — RADIUS R/W — RIGHT—OF—WAY ESMT. — EASEMENT RGE. — RANGE F.P.L.—FLORIDA POWER & LIGHT SEC — SECTION L — ARC LENGTH A — DELTA (CENTRAL ANGLE) L.A.E. — LIMITED ACCESS EASEMENT TWP. — TOWNSHIP O.R.B. — OFFICIAL RECORD BOOK P.B. — PLAT BOOK U.E. — UTILITY EASEMENT P.B.C.R. — PALM BEACH COUNTY RECORD W.E. — WATER EASEMENT P.O.B. — POINT OF BEGINNING S.E. — SANITARY EASEMENT SHEET 2 OF 3 CAULFIELD & WHEELER, INC. DATE 6/14/19 CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING 7900 GLADES ROAD — SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 52 FAX 561 —750-14F.B./ PG. N A WAWA WOOLBRIGHT AND CONGRESS SCALE NONE BOYNTON UE ABANDONMENT SKETCH OF DESCRIPTION JOB EXHIBIT "A" 10'X148' FPL ESMT-- 10'X148' FPL ESMT (ORB 12020, PG 605)l (ORB 12020, PG 605) TRACT H-5 UNPLATTED (PLAT BOOK 30, PAGES i P.O.C. 129-141) 1 — — — S.E. CORNER OF THE MARKED (NOT 30'X30' WATER ESMT Ij3E INCLUDED) TRACT H-5 ON THE PLAT OF (ORB 12202, PG 1344) 1 II TENTH SECTION, PALM LEISUREVILLE 1 (PLAT BOOK 30, PAGES 129-141) N 87'39 1 30,Q30'X30' WATER ESMT (ORB 12202, PG 1344) 5022021 E NO2'20'21"W11.00' IP.O.B. 11.00' NO2°20'21"W 7 RAW -7.00' S87'39'39"W(GRID)— 444.27' (ORB 2494, PAGE 58 — — — — — — — — — — �� BEARING BASIS - - - - - - - - - - S87'39'39"W 30.00' o N. RIGHT-OF-WAY LINE o (ORB 1736, PG 688) Ln o S.W. 15TH AVENUE/WOOLBRIGHT ROAD o (PUBLIC RIGHT-OF-WAY) (WIDTH VARIES) (ORB 1736, PG 688) S87°39'39"W (GRID) — — — — —� GRAPHIC SCALE ( IN FEET ) 0 10 20 40 NORTH INTI INCH DED DISPLAY FEET SHEET 3 OF 3 CAUL_FIELD & WHEELER, INC. DATE 6/14/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1"=20' BOYNTON UE ABANDONMENT SKETCH OF DESCRIPTION JOB -ll;' a°s °» 4664 L6t V012101-1 7.1Nf10O HOV38 WIVd � LA IIII-�s -1 °°° 'HOV38 NO1W.08 -101.1103 'a" ' '1SV3 £b 30NV8 'Hinos 9* dIHSNM01a °"a33"°"3 Ni 'v I-]-] HII e a uu i lv� 'Z£ N01103S -10 N01180d V [I ;p - = o - op � - W r O r ry�zz Q 0 O U =S H U W m Q ® Qa O W D ~m O MOW r ~ U m r _ �W W �or czu F—V) ® r',Oa a W �¢M eeea�eeeA goo ga < a <: o� s6 j—Sd3LNi 6gd�666o6 6 n6': eft er t� xW a0 o N m,, Aaaa$oa InNIAv SS3dONc3 of o s s s Q o0 w m d p O x nnooa0000a 3 oa a:o 000000a�oo - 3 0 u)m w o IV d1%.dV11�IW Wof o 0 0 a Q n „`ora„ VOINOI-i 'AiNnOD HOV38 WIVd -Z— 30tl 'HOV38 NOIN1.08 d0 Lilo E: ea Novdna rz. s i, •1SV3 £4 30NV8 'Hinos Sb dlHSNM01 SNI ']a�lrzlnn� a�al��rni� Z£ NOLL03S d0 NOLL210d V I I I I _ I I s ® s SO1'23'53'E a� I I I L_–� aa,c I I 1 i . I I I mel I I I r of � @ I I rqua us”vc.n� � I I I Ime,zsze zas,nin I � @I I s Is I I '__ .... � i I I I Iii I�g�'I a l asp 1� II I I I I I � � SII i i s sr i R S I z= I I I I ' I II i ISI 2)¢ m� v91 Iq� z I g' m rT�[If(n Q go I I I it I 8� 1= I Ips — _— =1 I i �. 3 yo��3� I ��li , � _m /5012325 EL3g ? I a 4 plw / w 3 ww ozs – 7 / i m�zw z a � _ w w A-m�� I ao.o' ^ NO1'2 a 1 wwr _ A 5 __m _.. PM 2 __. 111 12 _ s 1 N.. ooaaaa�aa��,aN..�3 SII - 'r sI B 4' � mm a wFs so vac a m o IIIM zS z a w w r e o 11 u-1-1"Il IFARE5 ) o I wz IIIN 32 w j¢~YW woo W o z L ES A (t o LINI IF III IN 12 �w e oa>»�,tioioz��<_ _ – rza3 cs – so z'1s• (clk0) 21111v _ zs�z C o`a sl ow wwo nE w – 4�•. DESCRIPTION: EXHIBIT "A" A PORTION OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA AND BEING ALSO KNOWN AS TRACT H-5, LESS THE EAST 200 FEET THEREOF, AS MARKED (NOT INCLUDED) ON THE PLAT OF TENTH SECTION, PALM BEACH LEISUREVILLE RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE, ALONG THE NORTH LINE OF SAID SECTION 32, N8739'39"E, A DISTANCE OF 60.01 FEET; THENCE, DEPARTING SAID NORTH LINE, ALONG A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32, S01°23'16E, A DISTANCE OF 40.01 FEET TO A POINT ON A LINE 40 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 32 AND THE POINT OF BEGINNING; THENCE, ALONG SAID PARALLEL LINE, N8739'39"E, A DISTANCE OF 13.76 FEET TO A POINT ON A LINE 73.76 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32; THENCE, ALONG SAID PARALLEL LINE, S01°23'25"E, A DISTANCE OF 141.94 FEET; THENCE S46°51'53"E, A DISTANCE OF 56.24 FEET TO A POINT ON A LINE 71 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF S.W. 15TH AVENUE (WOOLBRIGHT ROAD), AS NOW LAID OUT AND IN USE; THENCE, ALONG SAID PARALLEL LINE, N8739'39"E, A DISTANCE OF 436.23 FEET TO A POINT ON A LINE 550 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32; THENCE, ALONG SAID PARALLEL LINE, S01°23'53"E, A DISTANCE OF 11.00 FEET TO A POINT ON A LINE 60 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF S.W. 15TH AVENUE (WOOLBRIGHT ROAD), AS NOW LAID OUT AND IN USE; THENCE, ALONG SAID PARALLEL LINE, S8739'39"W, A DISTANCE OF 439.26 FEET; THENCE N46°51'53"W, A DISTANCE OF 71.29 FEET TO A POINT ON A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 32; THENCE, ALONG SAID PARALLEL LINE N1°23'25"W, A DISTANCE OF 142.20 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING A TOTAL OF 7,408 SQUARE FEET/0.1701 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE ABSTRACTED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FILE NO. 18127297 JC4, DATE: MARCH 8, 2019 AT 8:00 A.M.. REVISED MARCH 18, 2019 AT 8:31 AM, ALL PLOTTABLE EXCEPTIONS ARE SHOWN. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF S01°23'25"E ALONG THE WEST LINE OF THE NORTHWEST ONE QUARTER OF SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT) AND BASED ON FIELD MEASUREMENTS. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. REFERENCES TO PLAT BOOKS OR OFFICIAL RECORDS BOOK PERTAIN TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON APRIL 26, 2019. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 'I OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 1� t' 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-145L DAVID P. LINDLEY F.B./ PG. N/A REGISTERED LAND WAWA WOOLBRIGHT AND CONGRESS SURVEYOR NO. 5005 SCALE NONE RIGHT-OF-WAY DEDICATION PARCEL STATE OF FLORIDA SKETCH OF DESCRIPTION L.B. 3591 JOB 7 EXHIBIT "A" OKEECHOBEE BLVD. Li J Z Ln Q W ~ Q ui cn V) Q NORTH w cn _- 0 Li LOCATION MAP J z PROJECT z NOT TO SCALE LOCATION — WOOLBRIGHT ROAD SECTION 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST NOTES COORDINATES, BEARINGS AND DISTANCES COORDINATES SHOWN ARE GRID DATUM = NAD 83 (90/98 ADJUSTMENT) ZONE = FLORIDA EAST LINEAR UNIT = US SURVEY FEET COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION ALL DISTANCES ARE GROUND SCALE FACTOR = 1.000042659 GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE BEARINGS AS SHOWN HEREON ARE GRID DATUM, NAD 83 (90 ADJUSTMENT), FLORIDA EAST ZONE. ROTATION EQUATION, GRID TO PLAT LEGEND 00'23'13" CLOCKWISE — CENTER LINE P.O.C.— POINT OF COMMENCEMENT B.E. — BUFFER EASEMENT PGS — PAGE(S) D.E. — DRAINAGE EASEMENT R — RADIUS R/W — RIGHT—OF—WAY ESMT. — EASEMENT RGE. — RANGE F.P.L.—FLORIDA POWER & LIGHT SEC — SECTION L — ARC LENGTH A — DELTA (CENTRAL ANGLE) L.A.E. — LIMITED ACCESS EASEMENT TWP. — TOWNSHIP O.R.B. — OFFICIAL RECORD BOOK P.B. — PLAT BOOK U.E. — UTILITY EASEMENT P.B.C.R. — PALM BEACH COUNTY RECORD W.E. — WATER EASEMENT P.O.B. — POINT OF BEGINNING S.E. — SANITARY EASEMENT SHEET 2 OF 7 CAULFIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING 7900 GLADES ROAD — SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 52 FAX 561 —750-14F.B./ PG. N A WAWA WOOLBRIGHT AND CONGRESS SCALE NONE RIGHT—OF—WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 EXHIBIT "A" 30 29 I CENTERLINE OF L.W.D.D. CANAL L-26 _ _ N87'39' 01:7N87'39'39"E (GRID) 60.01'1 N LINE OF SECTION 32 31 32 P.O.C. I N.W. CORNER SECTION 32, TOWNSHIP 45S, RANGE 43E 1 0 0 o N I w W -� 0 o N 793569.698 I _ _ E 953671.518 I _ fv C N o 00NOD � 1 m N m r') I G7D P.O.B. ;mu m N 793532.1451 I , U z z E 953732.447 N87 39,39++E 41 13.76' 60.00' I I I I I I I I 73.76' I 1 1 - 1 wO N D I z om0 o Ln I -Ti ; � m � � 1 A -- m C7 m w N 00 0 W DC7 c''_ cn W 22 0 I ^j LWDD ACCESS ESMT 1 r Z - m 0 y z Ln (ORB 11375, PG 1081) 1 m CO 01 z z 1 II m _ J 00 o � � � N 1 - - - - - - - - - - � rO N� N 110.00 z� � C00 ry < D � � -vD Wr, W W o � 1 r n 0 c 0 o m D� 0m0 rn = C o o L4 w Z GO 0 1� ;a � � G7 o (� m _0 L14 C) z 10 C) `. w m (n N n m o � 1° o ion I z ww 0 I 0b 0 N GRAPHIC SCALE NORTH 1 No ( I N FEET ) 73.76' zo 0 10 20 40 010.00' 1 _ 13.76' MATCHLINE SEE SHEET 5 OF 8 INTENDED DISPLAY SCALE 1 INCH = 20 FEET SHEET 3 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX 561 -750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1))=20) RIGHT-OF-WAY DEDICATION PARCEL SKETCH OF DESCRIPTIONJOB bgae7 EXHIBIT "A" MATCHLINE SEE SHEET 4 OF 8 60.00' 13.76 o 73.76' z TRACT H-5 o N UNPLATTED CONGRESS AVENUE N w zo N OWNER: BW WOOLBRIGHT I (PUBLIC RIGHT-OF-WAY WIDTH VARIES) I O Iv " v! CONGRESS LLC 60.00' 10.00 v! m PROPERY CONTROL NUMBER 1 oo S 08434532000003080 N 793389.981 � �.�� 6'• OFFICIAL RECORD 1 E 953735.897 I `S/shy BOOK 29937, PAGE 413 550.00' I /� 6'- /C N 793352.356 1 1• '9E 953790.681 co o 9 � > N8436.23' W W cN,a 9cF '?,9. moo. o cn \ S� o rN ri \ 6J S87.39 39, W Z 439.26— N N. RIGHT-OF-WAY LINE a co (ORB 1736, PG 688) w o zCo o 1 m m 0 o W S.W. 15TH STREET WOOLBRIGHT ROAD o W 1 N O O C/) 00 "' (PUBLIC RIGHT-OF-WAY) m � ; (WIDTH VARIES) Z 0 (ORB 1736, PG 688) CAo N 1 1 I S87'39'39"W (GRID) — — GRAPHIC SCALE ( IN FEET ) 0 10 20 40 NORTH INTENDED DISPLAY SCALE 1 INCH = 20 FEET SHEET 4 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX 561 -750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1))=20) RIGHT-OF-WAY DEDICATION PARCELLl I gnn-d�l SKETCH OF DESCRIPTION j JOB EXHIBIT "A" TRACT H-5 10'X148' FPL ESM UNPLATTED (ORB 12020, PG 605) 1 OWNER: BW WOOLBRIGHT CONGRESS LLC I 1 1 PROPERY CONTROL NUMBER 08434532000003080 I 1 OFFICIAL RECORD BOOK 29937, PAGE 413 550.00' 30'X30' WATER ESMT (ORB 12202, PG 1344) 001 I 110o 01 IIo N 87'39'39"E 436.23' I ^ N o R/W DEDICATION W W � N 7 R/W 439.26' N z 1 S87'39'3991W — (ORB 2494, PAGE 586)— — — — — — — — — — — 1 J J � � Q Q � o � N. RIGHT-OF-WAY LINE (ORB 1736, PG 688) 1w o S.W. 15TH STREET / WOOLBRIGHT ROAD o g 1 1 (PUBLIC RIGHT-OF-WAY) 1 (WIDTH VARIES) (ORB 1736, PG 688) 1 1 1 S87-39'39"W (GRID — — —i I I GRAPHIC SCALE ( IN FEET ) 0 10 20 40 NORTH INTI DED INCH DISPLAY FEET SHEET 5 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1152 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1)'-20' RIGHT—OF—WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 EXHIBIT "A" OWNER: BW WOOLBRIGHT CONGRESS LLC PROPERY CONTROL NUMBER 08434532000003050 OFFICIAL RECORDUNPOATTED TRACTAH E5378 10'X148' FPL ESMT — (ORB 12020, PG 605) - - - - - - - - - - - - - - - - - 2' WATER AND SEWER AND MAINTENANCE AGREEMENT (ORB 13076, PAGE 114) ' / (ORB 13210, PAGE 265) — — — — — — — — — — -7 -t/l— — — — — — — — — — — — — / / - - - - - - - _ 550.00' co 12' WATER AND SEWER AND MAINTENANCE AGREEMENT o (ORB 13076, PAGE 114) co 13210, PAGE 265 — — W _I / N 87'39'39"E 436.23 — — — N 'W W 30'X30' WATER ESMT R W DEDICATION N ( 12202, PG 1344) / W ORB o Z O J S87'39'39"W 439.26' 7 R/w f- (ORB 2494, PAGE 58§1 - - - - - - - - - - - - - - - - - - - - - - - - - - - '� 0 N. RIGHT-OF-WAY LINE (ORB 1736, PG 688) W o S.W. 15TH STREET / WOOLBRIGHT ROAD o 0 � (PUBLIC VARIES) RIGHT—OF—WAY) WAY ) ' (ORB 1736, PG 688) ' S87-39'39"W (GRID) — ' GRAPHIC SCALE ( IN FEET ) 0 10 20 40 INTENDED DISPLAY SCALE NORTH 1 INCH = 20 FEET SHEET 6 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING — LAND PLANNING LANDSCAPE ARCHITECTURE — SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD — SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1`20) RIGHT-OF-WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 EXHIBIT "A" OWNER: BW WOOLBRIGHT CONGRESS LLC — PROPERY CONTROL NUMBER 08434532000003050 r OFFICIAL RECORD B� , PAGE NPLATTEDTRACT H7 5 w - - - - - - - - - - - - - - - - I /2' WATER AND SEWER AND MAINTENANCE AGREEMENT(ORB 13076, PAGE 114) 16'X49' INGRESS EGRESS ES MT NI (ORB 13210, PAGE 265) (ORB 10718, PG 893)J12' WEST LINE OF THE 550.00' EAST 200' OF TRACT H-5 N 793370.162 WATER AND SEWER AND MAINTENANCE AGREEMENT�IE 954226.568 ON (ORB 13076, PAGE 114) L _ C (ORB 13210,�PAG��265) — — — — — — —�— — o �1— — — — N87 39 39 E 436.23 L w R/W DEDICATION o o c" �, 0 1 m - 0 ow 7 R/W z I N S87'39'39"W 439.26'— — —(ORB 2494, PAGE 586) — — - - - - - - - - — N 793359.163 N ' E 954226.837 W Z o UN. RIGHT-OF-WAY LINE a (ORB 1736, PG 688) rn I � o o WS.W. 15TH STREET / WOOLBRIGHT ROAD C> 0 (PUBLIC RIGHT-OF-WAY) (WIDTH VARIES) ' (ORB 1736, PG 688) S87'39'39"W (GRID) — GRAPHIC SCALE ( IN FEET ) 0 10 20 40 INTENDED DISPLAY SCALE NORTH 1 INCH = 20 FEET SHEET 7 OF 7 CAUL_FIELD & WHEELER, INC. DATE 4/26/19 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY DLS f. 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 FAX (561)-750-1452 F.B./ PG. N/A WAWA WOOLBRIGHT AND CONGRESS SCALE 1`20) RIGHT-OF-WAY DEDICATION PARCEL SKETCH OF DESCRIPTION JOB 7 w ' Dec-18-2988 89:25�r 0 0—4 9 9$.:� ORD 12202 Pg 1.34.4 INiI N!NI H�i N Ni!11p 11 H II Ai!1 N I NI1.Ni I NN City of nnynton Beach 1cKi 'noynlon Beach nivel P.O.[lox 310 13rvntron mach,33425 EASEMENT THIS INDENTURE made this day of ,A.D., , , by Fidelity Federal Bank & Trust , a corporation existing under the laws of the un i ted skates of ,Ame:r�c u and having its principal place of business at 205 Datura s t. ,W.P.e. ,, F L 3 3 4 0 1 first part,to the City of Boynton Beach, a political subdivision of the State of Florida,second party: (Wherever used herein, the terms,"first party"and"second party"shall include singular and plural,heirs, legal representatives and assigns of individuals and the successors and assigns of corporations,wherever the context so admits or requires.) WITNESSETH Whereas, the first party is the owner of property situate in Palin Beach County,Florida,.and described as follows: PCN 08-43-45-32-00-000-3080f, 08•-43-45-32-00-000-3050 Legal Description: See Attached., and, N%gMREAS,the second party desires an easement for water r and/or other appropriate purposes incidental thereto,on,over and across said property, and, WHEREAS,the first party is willing to grant such an easement, NOW,THEREFORE, for and in consideration of the mutual covenants each to the other rrtnrting and one dollar and other good and valuable considerations,the first party does hereby grant unto the party of the second part,its successors and assigns, full and'free right and authority to construct, maintain,repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on,over and across the above described property for said purposes. Order: 18127297 Page 1 of 4 Requested By: Jennifer Cape , POate :3W63% -9:29 AM Doc: 12202-1344 RECALL DRI' 1 2;-012 Py 1 a 4�r IN WITNESS WHEREOF,the first party has caused these presents to be duty executed in its name and its corporate seal to be hereto affixed,attested by,.its proper officers thereunto duly authorized,the day.and year first above written. Signed,sealed and delivered ,• in the presence of: t ..t; Christopher It. Cook elf" : . , _ ��''•T :C I, f^ FXECUTIVF VvicE PR-ESMENT 17 ATTEST' Putriciu C. clager, :SECRETARY � (CORPORATE SEAL) STATEOF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day,before me,;an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared_ Christooher H. Cook well known to me to be the ExecutiveV'rresident and Patricia C. C1a ger , respectively,of the Corporation named as first party in the foregoing Fasement.and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily,under authority duly vested in them by said Corporation,and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of r. A.D., St 2000. C. e, <<- Notary Public in and for the State and County aforesaid. My commission expires: OFFICIAL i1Yi<7' YSFAL CINDY A COLILINS NOTARY PUBLICSTATEOF FLORIDA CommssloN No.CC572M yYCommisslo`EXLLUL 2-;Xmr0 Order: 18127297 Page 2 of 4 Requested By: Jennifer Cape pgdgt �g1 18 9:29 AM Doc: 12202-1344 REC ALL 0 k D 1 L?ao P THIS IS A NOT A BOUNDARY SURVEY OF LEGAL DESCRIPTION: A ;portion of the South 200 feet of the North 240 feet of the East 500 feet of the West 550 feet of the North One—Quarter (N.1/4 of Section 32, Township 45 South, Ponge 43 East, Palin Beach Counrty, 'Florida and being also known us Tract H-5, Less the East 200 feet thereof, as marked (Not Included) on tiheplot of "TENTH 5ECTION, PALM LEIS'UREVILI.E, recorded in Plot Book 30, Page 129 through 1.41, inclusive, public records of halm Beach County, Florida, being more particularly described as follows; Commence at the Southeast corner of said Tract H-5; Thence S.88'00'52"W., along o Oine 53 feet North of and parallel with the centerline of Southwest 151h .Avenue, ns shown in said Plat Book 30 at Page 129, a distance of 44.4.27 feet; thence N.01'59'08"W. for a distance sof 7.00 feet to the POINT OF BEGINNING of the following described parcel tof land; thence continue along the lost described course for a d;stonoe of 30.00 feet; thence S.88'00'52"W. for a distance of 30.00 feet; thence S.01'59'08"E. for o distance of 30.00 feet to a point on o line 7.00 feet North of the South 'line of said Tract H-5; thence N.8t1'00'52"E. along o line 7.00 feet North of the South Line of said Tract H-5 for a distance of 30.00 feet to the POINT OF BEGINNING. SURVEYOR'S CERTIFICATE: I hereby certify to the best of my knowledge and belief #hat this drawing is o true and correct representution of the specific purpose sketch & legal description of the real property described hereon. I further certify that thus site plan was prepared in accordance with the applicable provisions of Chapter 61G17-6 Flondo Administrative Code. Ford, Armenteros & Many C. Dote 7�'13�'00 Jo . anucy J . P.S.M. Revision 1: Profess of Surveyor do Mapper No. 5158 Rev;sion 2: Stole of Florida. SURVEYOR'S NOTES: 1 The Legal Description was provided by the Client. 2 Type of Drawing: SKETCH AND LEGAL DESCRIPTION 3 Bearings shown hereon ore hosed on: The south line of Troct H-5 of the plot of TENTH SECTION, PALM BEACH LEISUREVILLE, as recorded in Plat Book 30 of Page 129, of the Public Records of Polm Beach County, Florida, bears North 88'00'52" East. 4) Reproductions of this Drawing are not Valid unless embossed with the official Seal of the above Surveyor. 5) All bearings and distances shown hereon are recorded and measured unl-ess otherwise shown. 6) C) Copyright 2000, Ford, Armenteros, & Monucy, Inc. f`tm //ilo1K)t m R.,mv& Y. w- 4r"W. "Davao" ROAN sunt 4s JUPI M FLOPM4 MUM Rion. (561) 743-nlo is 6357 9 4{A A Ki" I Ori &A"l!4 jxx 735 SKLIW Q. LEGOL 1DCSCFWT1M OF ., t1lfiLfi7 f:ASElE1ff SHEET 1 OF 2 MR MIMM FEDOIAL SIE Irw-mroft Em. Order: 18127297 Page 3 of 4 Requested By: Jennifer Cape2dAt8 9:29 AM Doc: 12202-1344 REC ALL DOROTHY H. WILKEN, CLERK PB COUNTY, FL Congress Avenue - - - _ r-- - - - - � Wexl L7na ni J' I Sael:on ]Z-lS-J] � i i ()1 OI c CI I West l3ns of the of Troct N-S- - - - - - - -- - - - - - - - � —— - - O th zr Z � I zr n I ✓ VA^ I O I D O 'uo I / n � LO f $�.Y I � � l o �N :2. 0 s X I s o I � I sot'S908-E � o e ? 1 V= I N I 7.00' N.01'S9'OC1Y. I Vv"30';5'9 1CD O D < I1 I j I of C I I 300.00 CDL 53' I I l o o I roi I I N v 240.00 i eD II I i ! I West Line of th.: Si I " I £osl 300' of T, 'Cl W-5 = o —line of Trod H-3 — — — — — — — — — — ! I _l � I oPP n 'r a } N 31 pp r fl 00r wn 222�CO�� zap-• rfo N oo Q5 o 'nl��l r�nZ r M �qg > z.�rBxr RA - 7w •. ~ A rn p , Order: 18127297 Page 4 of 4 Requested By: Jennifer Cape , P,dgd�1141&2�� 9:29 AM Doc: 12202-1344 REC ALL " 12.C. LEGAL 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R119-075-Approving the Solid Waste rates and charges for residential and commercial customers. EXPLANATION OF REQUEST: On 7/2/19 the City Commission approved Ordinance No. 19-020 on first reading to amend Part 11, Code of Ordinances, Chapter 10, Article 11, Refuse, Garbage and Trash, Section 10-30, Rates and charges for City service; allowing rates to be set by resolution of the Commission. As part of the anticipated approval on second reading it is necessary to adopt the current rates and charges by resolution. The proposed change will provide for a streamlined process for future changes and consolidate all Solid Waste Division fees into one document. Staff has prepared the attached Solid Waste Division Fee Schedule which upon approval will be posted online and made available to the public upon request. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed changes will allow the Solid Waste Division to continue to provide reliable high quality refuse services to City residential and commercial customers. FISCAL IMPACT: There are no proposed increases as part of this action. Existing residential rates were previously amended by ordinance#18-021 passed by the City Commission on 9/6/18 and commercial rates were recently amended as part of an internal commercial rate and payment procedure review conducted by the Director of Public Works. ALTERNATIVES: Do not approve resolution and continue to set rates via ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Page 340 of 356 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Solid Waste rates and Charges D Attachment Solid Waste Division Fee Schedule Page 341 of 356 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, PROVIDING FOR A SCHEDULE OF SOLID 5 WASTE RATES AND CHARGES FOR RESIDENTIAL 6 AND COMMERCIAL CUSTOMERS; AND PROVIDING 7 AN EFFECTIVE DATE. 8 9 10 WHEREAS, Ordinance No. 19-020 of the City of Boynton Beach amends Part II, Code 11 of Ordinances, Chapter 10, Article 11, Refuse, Garbage and Trash, Section 10-30, Rates and 12 charges for City service; allowing rates to be set by resolution of the Commission; and 13 WHEREAS, the proposed change will provide for a streamlined process for future 14 changes and consolidated all Solid Waste Division fees into one document.; and 15 WHEREAS, a Solid Waste Division Fee Schedule will be defined and updated from 16 time-to-time by resolution of the City Commission. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission does hereby find that the Solid Waste Division 23 Fee Schedule, attached hereto as Exhibit "A" and incorporated herein, represents fair and 24 reasonable sums assessed to provide the use or reasonable availability for use, of the Solid 25 Waste services and facilities of the Boynton Beach Public Works Department, by each user 26 receiving service. 27 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\D1152088-E7D9-4234-B33F-BB9F287BAD23\Boynton Beach.17361.1.Solid Waste Rates 2019-20 - Reso.Docx Page 342 of 356 28 29 Section 3. This Resolution shall take effect immediately and the rates will become 30 effective August 1, 2019. 31 PASSED AND ADOPTED this day of , 2019. 32 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Justin Katz 41 42 Commissioner—Mack McCray 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 49 VOTE 50 51 ATTEST: 52 53 54 55 Queenester Nieves 56 Deputy City Clerk 57 58 59 60 (Corporate Seal) 61 62 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\D1152088-E7D9-4234-B33F-BB9F287BAD23\Boynton Beach.17361.1.Solid Waste Rates 2019-20 - Reso.Docx Page 343 of 356 CITY OF BOYNTON BEACH LA PUBLIC WORKS I SOLID WASTE DIVISION 222 NE 9T"AVE• Boynton Beach, FL 33435• (561)742-6200• Fax(561)742-6211 General email: pwadmin@bbfl.us Web site: www.boynton-beach.orq SOLID WASTE DIVISION FEE SCHEDULE (Resolution #R19-0XX, Adopted 07/16/19) I. RESIDENTAL FEES: A. SINGLE FAMILY OPERATING COST $10.75 FUEL/ENVIRONMENTAL CHARGE $5.00 RECYCLING $1.25 TOTAL MONTHLY CHARGE WILL INCREASE$0.501N FISCAL YEARS 2019-2020&2020-2021 RESPECTIVELY B. MULTIFAMILY OPERATING COST $7.50 FUEL/EVVIRONMENTAL CHARGE $5.00 RECYCLING $1.25 TOTAL MONTHLY CHARGE WILL INCREASE$0.501N FISCAL YEARS 2019-2020&2020-2021 RESPECTIVELY C. SPECIAL PICKUP CHARGES (EACH REQUEST)..................................................................($75.00 minimum) INCLUDES:CONSTRUCTION DEBRIS OVER A CUBIC YARD,LARGE STUMPS/TRUNKS,NON-SCHEDULED CHARGABLE PICKUP D. ADDITIONAL GARBAGE CART......................................................................................$6.00 each/per month IN ADDITION TO THE CART ALREADY PROVIDED AT THE MONTHLY RATE II. COMMERICAL FEES: A. DUMPSTERS (1) 2 YARD DUMPSTER 2 YARD NUMBER OF PICK UPS PER WEEK ' 1 2 3 4 5 6 7 RENTAL $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 DISPOSAL $29.03 $63.06 $97.25 $131.13 $165.28 $199.20 $233.24 OPERATING $29.64 $64.28 $98.92 $133.56 $168.32 $202.84 $237.48 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 1 $5.00 1 $5.00 1 $5.00 1 $5.00 1 $5.00 s (1A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)...........................$22.33/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR (113) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES).........................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS Page 1 of 7 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\910E1F64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid_Waste-Division_Fee_Schedule.docx Page 344 of 356 (2) 3 YARD DUMPSTER 3 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 5 6 7 RENTAL $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 DISPOSAL $46.05 $97.25 $148.14 $199.20 $250.25 $301.30 $352.35 OPERATING $46.96 $98.92 $150.88 $202.84 $254.80 $306.76 $358.72 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 (2A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN).............................$31.87/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (213) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)............................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS (3) 4 YARD DUMPSTER 4 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 45 6 7 RENTAL $41.00 $41.00 $41.00 $41.00 $41.00 $41.00 $41.00 DISPOSAL $63.06 $131.13 $199.20 $267.27 $335.33 $403.40 $471.47 OPERATING $64.28 $133.56 $202.84 $272.12 $341.40 $410.68 $479.96 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 s a (3A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)........................... $41.19/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (313) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)...........................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS (4) 6 YARD DUMPSTER 6 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 5i 6 7 RENTAL $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 DISPOSAL $97.25 $199.20 $301.30 $403.41 $505.50 $607.60 $709.71 OPERATING $98.92 $202.84 $306.76 $410.68 $514.60 $618.52 $722.44 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV.SURCHARGE $5.00 1 $5.00 1 $5.00 1 $5.00 $5.00 $5.00 $5.00 m s m m a a (4A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)..............................$58.70/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (413) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)............................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS Page 2 of 7 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\910E1F64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid Waste Division Fee_Schedule.docx Page 345 of 356 (5) 8 YARD DUMPSTER 8 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 5 6 7 RENTAL $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 DISPOSAL $126.13 $267.27 $403.41 $549.54 $675.68 $811.80 $947.94 OPERATING $137.56 $267.12 $410.68 $539.24 $687.80 $826.36 $964.92 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV.SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 (5A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)............................ $75.91/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (513) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)...........................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS B. COMMERICAL RECYCLING (1) 2 YARD CARDBOARD RECYLCER 2 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 RENTAL $23.00 $23.00 $23.00 $23.00 OPERATING $10.67 $57.35 $104.64 $151.92 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 1 $5.00 $5.00 9 EMPLITREINEWN (1A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN) ............................$10.90/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (2) 3 YARD CARDBOARD RECYLCER 3 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 RENTAL $29.00 $29.00 $29.00 $29.00 OPERATING $7.67 $56.08 $106.17 $148.43 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 1 $5.00 $5.00 (2A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)............................$11.57/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR Page 3 of 7 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\910EIF64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid WasteDivisionFee-Schedule.docx Page 346 of 356 (3) 4 YARD CARDBOARD RECYLCER 4 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 RENTAL $36.00 $36.00 $36.00 $36.00 OPERATING $3.68 $53.89 $106.71 $143.95 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 1 $5.00 $5.00 (3A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)..............................$12.24/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (4) 6 YARD CARDBOARD RECYLCER 6 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 RENTAL $43.00 $43.00 $43.00 $43.00 OPERATING $5.49 $57.35 $115.81 $174.27 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 1 $5.00 $5.00 (4A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLDUING SAT/SUN)..............................$13.86/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (5) 8 YARD CARDBOARD RECYLCER 8 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 RENTAL $50.00 $50.00 $50.00 $50.00 OPERATING $5.83 $60.58 $124.74 $224.78 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 1 $5.00 $5.00 (5A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN).......................... $15.21/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR (6) 95 GALLON TOTER (BLUE OR YELLOW AVAILABLE) 95 GAL ONE PICK UP PER WEEK OPERATING $7.98 FUEL CHARGE $5.00 ENV. SURCHARGE $5.00 (6A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)..............................$4.73 EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEYARE NOT ALREADY PAYING FOR Page 4 of 7 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\910E1F64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid Waste Division Fee_Schedule.docx Page 347 of 356 C. COMPACTORS (1) 2 YARD COMPACTOR 2 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 5 6 7 DISPOSAL $27.01 $59.02 $91.03 $112.07 $155.03 $187.04 $219.05 OPERATING $97.09 $199.18 $301.75 $403.39 $505.84 $607.60 $709.72 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 1 $5.00 1 $5.00 $5.00 $5.00 $5.00 � s (1A) EXTRA PICK UP CHARGE (EACH REQUEST-EXLUDING SAT/SUN)..............................$30.97/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEYARE NOT ALREADY PAYING FOR (113) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)........................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS (2) 3 YARD COMPACTOR 3 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 5 6 1 7 DISPOSAL $43.02 $91.03 $139.02 $187.04 $235.06 $283.06 $331.07 OPERATING $148.15 $301.75 $454.42 $607.60 $760.75 $913.90 $1,067.05 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 $5.00 1 $5.00 $5.00 $5.00 $5.00 (2A) EXTRA PICK UP CHARGE (EACH REQUEST-EXLUDING SAT/SUN)...............................$46.46/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEYARE NOT ALREADY PAYING FOR (213) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)........................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS (3) 4 YARD COMPACTOR 4 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 5 6 7 DISPOSAL $59.02 $123.02 $187.04 $251.03 $315.06 $379.08 $443.11 OPERATING $199.18 $475.39 $607.60 $811.81 $1,015.99 $1,220.20 $1,424.41 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 1 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 m � � s mea (3A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)..............................$61.94/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEYARE NOT ALREADY PAYING FOR Page 5 of 7 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\910E1F64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid Waste Division Fee_Schedule.docx Page 348 of 356 (313) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)........................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS (4) 6 YARD COMPACTOR 6 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4 5 6 7 DISPOSAL $91.03 $187.04 $283.06 $379.08 $475.11 $571.13 $661.45 OPERATING $301.75 $607.60 $913.90 $1,220.23 $1,526.50 $1,832.80 $2,139.13 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 (4A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)..............................$93.02/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEYARE NOT ALREADY PAYING FOR (413) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES).....................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS (5) 8 YARD COMPACTOR 8 YARD NUMBER OF PICK UPS PER WEEK 1 2 3 4! 5 6 7 DISPOSAL $123.02 $251.03 $379.08 $507.11 $635.15 $763.17 $891.21 OPERATING $403.39 $811.81 $1,220.23 $1,628.62 $2,037.04 $2,445.40 $2,853.82 FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 (5A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)...........................$123.88/EACH IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEYARE NOT ALREADY PAYING FOR (513) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)..................$100.00/per month IN ADDITION TO THE MONTHLY RATE, THERE WILL BEAN EXTRA CHARGE FOR SUNDAY PICK-UPS D. NOTES (1) WHEN ESTABLISHING OR CANCELING COMMERICAL SERVICES MONTHLY CHARGES WILL BE PRORATED BASED ON THE NUMBER OF DAYS OF SERVICE. III. ROLL OFFS: A. 10 YARD ROLLOFF SERVICE CHARGE $335.00 FUEL SURCHARGE $20.00 ENVIRONMENTAL CHARGE $10.00 *10 yard containers have a 3 ton limit. (Every 2000 lbs.=1 ton) *MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE B. 20 YARD ROLLOFF SERVICE CHARGE $410.00 Page 6 of 7 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\910E1F64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid Waste Division Fee_Schedule.docx Page 349 of 356 FUEL SURCHARGE $20.00 ENVIRONMENTAL CHARGE $10.00 *20 yard containers have a 4 ton limit. (Every 2000 lbs.=1 ton) *MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE C. 30 YARD ROLLOFF SERVICE CHARGE $485.00 FUEL SURCHARGE $20.00 ENVIRONMENTAL CHARGE $10.00 *30 yard containers have a 5 ton limit. (Every 2000 lbs.=1 ton) *MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE D. 40 YARD ROLLOFF SERVICE CHARGE $560.00 FUEL SURCHARGE $20.00 ENVIRONMENTAL CHARGE $10.00 *40 yard containers have a 6 ton limit. (Every 2000 lbs.=1 ton) *MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE E. Overage Fee..........................................................................................$25.00 per every 1000 lbs. over limit F. Inactivity Fee..........................................................................................................................$50.00 per month If roll off is not serviced a minimum of once in a 30 day period G. Trip Charge ....................................................................................................................$50.00 each occurrence If driver arrives as scheduled and unable to service the container due to it being blocked,overloaded,gate locked etc. H. Saturday Special Pick Up.........................................................................................................................$200.00 Must call before 12 pm the Friday before to arrange(holidays excluded). MUST BE PAID IN ADVANCE PRIOR TO SERVICE I. Relocation Only.........................................................................................................................................$75.00 If requesting for the container to be moved to a new location but not emptied MUST BE PAID IN ADVANCE PRIOR TO SERVICE J. Priority Same Day Service....................................................................................................................$200.00 Must call before 10 am the day of service MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE K. Violations...................................................................................................................................................$100.00 If the transfer station finds materials that are not permitted(i.e.contaminated,tires,paint). Customer will be charged the violation fee plus any additional fees charged by the transfer station IV. ROLL OFF COMPACTORS: A. ALL SIZES SERVICE FEE $145.00 FUEL SURCHARGE $20.00 ENVIRONMENTAL CHARGE $10.00 11 *TIPPING FEE IN ADDITION $50.00 PER TON V. ADMINISTRAVIE FEES Page 7 of 8 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\910E1F64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid Waste Division Fee_Schedule.docx Page 350 of 356 A. LATE FEES Customer shall pay the City,daily interest at a rate established by Section 55.03(1),Florida Statutes,on the unpaid balance,if payment of full account is not accepted within fifteen(15)days after becoming due. Unless otherwise provide bylaw,daily interest shall accrue until balance is paid in full. Page 8 of 8 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\910E1F64-FAA5-4693-9526-BE4E258A29BC\Boynton Beach.17292.1.Solid_Waste_Division_Fee_Schedule.docx Page 351 of 356 12.D. LEGAL 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Provide Commission update on Quantum Park Overlay Dependent District. EXPLANATION OF REQUEST: City Attorney Cherof and Assistant City Manager Groff will update the City Commission on the status of the Quantum Park Overlay Dependent District, plans for dissolution of the District, transition of District functions and obligations, and related litigation matters. 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 352 of 356 13.A. FUTURE AGENDA ITEMS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Dorothy Jacks, PBC Property Appraiser to address the Commission - August 6, 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 353 of 356 13.B. FUTURE AGENDA ITEMS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Provide information concerning elected officials terms, limits, etc. to Commission. - August 6, 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 354 of 356 13.C. FUTURE AGENDA ITEMS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 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 355 of 356 13.D. FUTURE AGENDA ITEMS 7/16/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Department to give brief presentation of their operations 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 356 of 356 7/16/2019 ---- --CITY OF ----•- ----. BOYNTON B E A C H DEVELOPMENT DEPARTMENT July 16, 2019 THE DEPARTMENT itr.,-(r oR t,0 Development Department I I 1 I Development Customer Community Planning& Support Services Administrative Improvement Building Zoning Services .r 11 I 1 Ifrif r. Michael Rumpf,Development Director 2 1 7/16/2019 Customer Support Services rô) op Development Department I I I Develop en 1 Customer Support Services, • Primary customer service support • Trouble shooting/Problem solving • COU&BTRs-Oversight and management 4," • Departmental Reports • Training Saleica Brown Customer Support Services Mgr. 3 Customer Support Services ��r2 ! y0� \ i�- • 14,148 COU/BTR FY18/19 77-1 - o 27% compliance increase f I • $2,664,252 BTR/COU i o From pro-active actions • 126 apps filed electronically 2 7/16/2019 Development Services ,,�� Administration0-0-(110:I°r Development Department LDemMopmem ► ► Services Administration • Administrative Support Y kip • Customer Support • Application intake for all divisions • Records management and research • Budget management • Fee calculations,cash receipts,and reconciliation Patsy Grissom 5 Development Services Manager Development Services 0-km Administration t° ° r • New Customer Support Team • Public Records Requests: 1,256-June 2018—June 2019 • • Daily Customer Service: 1) 22,000 incoming calls annually ` • Reduction in lobby wait time: A a t 15 min. ave. from 24 min. ave. , 3 7/16/2019 Community Improvement Division 011 Development Department I I Clme' Development Community rsiscrrr�e Improvement Division I PR • Community Development Block Grant Program = '4 (CDBG) • State Housing Initiative Program(SHIP) _ • Energy Edge(Revitalizing housing stock and reducing GHGE) • Economic Development Grants(Rent subsidy and build out reimbursements) Octavia Sherrod, Community Improvement Mgr. 7 Community Improvement rO) • Rehab - 347 single-family homes • Home purchase assistance 411 I ir • $265,000 yearly ave. -SHIP Funds for 1st time homeowners. • $501,625.60 yearly ave. - CDBG Funds • Funding for non-profits (CDBG). • $16,267- Energy Edge—giving back to the community. , 4 7/16/2019 community Improvement X10=0 op Bo.4r� % ,_R� , ... _ .H irr is eit(+ ` .4-4.:b '' _ / ; ' *F -rte_. I "` L__c 4 tit 1 f - �� .y...(..,. A. 44441 Before After Blding Division W 0-( 8 m 0 0F o�,t Development Department I I I Building Division P a r, r [cningUI I ,o,: • Promoting building safety • Enforcement of Florida Building Code • Plan Review&Inspections • Code complaints • CRS&NFIP 41 ' - • • Damage Assessment(At time of emergency) Shane Kittendorf, Building Official 10 5 7/16/2019 Building Division W � 0 Or � OF 6,„,,4 • Early Start for Construction - • Quick Turn Around Permits o 15 minute to 2 day for permit v-1.1( issuance -'� ' • Streamline Program ,, • Conversion to e-submittal and review for large projects \ .11 • 102 FEMA forms completed (Hurricane Irma 2017) L., N. 11 Building Division-Productivitya2 FY 18-19 ' -56 FY 15-16 FY 16-17 FY 17-18 Estimate Permits Issued 6,311 6,224 6,559 7,212 Plan Reviews 8,687 9,022 13,323 16,643 Inspections 15,853 17,959 19,120 22,592 r- . i 4, 6 -",014 . - 6 7/16/2019 Planning & Zoning Division ,r, ., Bo. Development Department 1/111 � " '4 116- I I Planning& Zoning Division yc. a _ • Implements&maintains LDR's. • Manages development application processing % • Plan review as part of the building permit process • Implements&updates the Comprehensive Plan • �, • Maintains city demographics • Oversees urban design Ed Breese, • Manages Historic Preservation Program P&Z Administrator 13 Planning & Zoning n l tt 4 101 O, O� tl • Development Applications o Site Plans, Urban Design, Permits & Site Modifications • Special Projects -� o Town Square Development o Mall Redevelopment o Sustainable Development int Standards •- 4 :C e MI la,alga. . I o Affordable Housing Study =sem «:1° i•s • Long Range & Redevelopment ' _ _ :I Planning 'TC _ ' o CRA, Mall, Station area, - Medical District 14 7 7/16/2019 ------------C I T Y OF--- F.._ BOYNTON B E A C H DEVELOPMENT PROCESS REVIEW July 16, 2019 15 Development Approvals & Processes Site Plan Approval Process with Rezoning/Small Scale Land Use Amendment r ' Oudk Notke/Advertisement(Newspaper,onsite signs,, ktters to surrounding property owners within 400 feet) w Ash rdwmmreSstlen atl�'p?1OYNw Def. DART\ —Mareammirse-Pre P6Z Team DART l Planning& —ApplMtim —> Application paw > > Meeting w 0 apemxt Meeting Submittald A j Additional 1 DAPI Meeting Public Input Comments Required V Transmitted< , •.•. „ Public toAe toApgiwnt Otv <—input ordr one commiwkn Commission meeone required he allY ROOMM wee appk mn Ives IS to Pian.Conditional use, Plan aellt v Commence (tetrad c..mion Public ConstructionConstruon aPerrnk Yes Review prm < Submittal pas Reading Input assremat No 0 Comments > Trananttted gym.. `to Apptont� 16 8 7/16/2019 Development Approvals & Processes Site Plan Approval Process with Rezoning/Small Scale Land Use Amendment ft)) P&D rl STAFF Board Avg.Time Frame 1 Month 2 Months Nw 4 Approval Hearings Construction Permitting 1 Month Avg.time dependent on project size and team Areas of Concern Typical root cause of complaints: • Lack of code knowledge by design professionals — Codes continue to change — Conflicts between Life Safety and Building codes — Code Interpretation • Extremely high volume of work (mistakes/communication) • Inefficiencies in review processes (paper) 9 7/16/2019 Potential Areas of Improvement Staff is reviewing improvements in each area of concern \ z 1. Education & Training 2. Communication 3. Policies & Procedures 19 Education and Training Objective: Achieve Exemplary Customer Services & Experience 1. Education & Internal&External • Systems to encourage applicant feedback Training • Contractor forums to discuss code issues • Small business roundtables 2. Communication • Internal team building • Informational publications 3. Policies & Procedures 20 10 • 7/16/2019 Communication , r Objective: Achieve Exemplary Customer Services & Experience t. Education & Access to information&staff Training • Instant messaging/live chat • Interactive web based zoning/use portal 2. Communication —• Interactive web based mapping • Virtual meetings 3. Policies & • Signage/Applications/documentation • Staff Training Procedures 21 Policies & Procedures lr Objective:Achieve Exemplary Customer Services & Experience ,\ "f 4.. Education be Training 7• Communication Policies&Process • Electronic/On-line Permitting 3. Policies & • Evaluation of local regulations • Increased use of affidavits Procedures • Streamlining—Reduce submittal requirements &process time 22 11 7/16/2019 "STREAMLINING" OPPORTUNITY �r • Redefining "Major" & "Minor" site plan reviews o Increase in administrative (staff only) reviews • Potential impact: Reduce process time up to 2 1/2 months 23 Expedited Development Review (Ordinance 15-020) • Applies to site plans&related apps,permits,and inspections. • Eligible Projects: "Industry clusters" -Review eligibility list — ED initiatives or criteria of others(i.e.higher agencies) — Affordable&Workforce Housing — Sustainable Development(recognized by certifying agency) • Benefits: — Project liaison appointed by City Mgr. — Tailored timetable — Priority review — Review comments period(7 working days!) — Conflict Resolution(face-to-face meetings immediately scheduled) • Staff recommendations to Commission on August 20th 24 12 7/16/2019 ICCITY OF BOYNTON BEACH QUESTIONS? THANK YOU! 25 13