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Agenda 08-06-19
The City of 4, Boynton Beach City Commission Agenda Tuesday, August 6, 2019, 6:30 PM Intracoastal Clubhouse Park 2240 N. Federal Highway 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. Kim t www.boynton-beach.org Page 1 of 436 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF 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 436 1. OPENINGS A. Call to Order- Mayor Steven B. Grant I nvocation - Pastor Alex Cericola, Healing for the Nation 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. Dorothy Jacks, PBC Property Appraiser to address the Commission B. Announce the following September 2019 meetings: • September 3rd Commission Meeting moved to Thursday, September 5th at 6:30pm at Intracoastal Park Clubhouse to hold 1st Public Budget Workshop for FY 19/20 budget. • 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. • Regular Commission Meeting on Tuesday, September 17, 2019 at 6:30pm at Intracoastal Park Clubhouse. C. Proclaim the month of August 2019 as Florida Water Professionals Month. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R19-079- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Page 3 of 436 B. PROPOSED RESOLUTION NO. R19-080- Approve and authorize the Mayor to sign the Lease Agreement between the City and Yachtsmans Properties to allow the Police Department's Neighborhood Officer Program and Crime Prevention to occupy Unit 12 of Ocean Palm Plaza, 1550 North Federal Highway for a fixed annual rent of $1 plus an estimated $578 per month operating expenses. C. PROPOSED RESOLUTION NO. R19-081 - Approve the ranking as recommended by the Selection Committee and authorize the City Manager to sign agreements with the four (4) top ranked proposers: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Gianetti Contracting Corporation; and Florida Design Drilling Corporation in order to establish a pre-qualified list of vendors in accordance with Request for Qualifications (RFQ) No. 028-2821-19/MFD "Pre- Qualification of Contractors for Minor Utility Construction Services" for utility projects up to $300,000, individual projects not exceeding $75,000 will be awarded by the City Manager and projects exceeding $75,000 will be brought back to commission for award. D. PROPOSED RESOLUTION NO. R19- 082- Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's One Year Action Plan for FY2019-2020. The anticipated Community Development Block Grant allocation is$529,565. E. Approve the early purchase of replacement vehicle as proposed in fiscal year 2019-20 budget in the estimated amount of $34,182.33 by utilizing the following contract: Florida Sheriff's Association Contract#FSA18-VEL26.0 for one (1) Police K-9 vehicle. F. Authorize the Finance Department to reduce the allowance of uncollectible accounts and the account receivable accounts by $238,018.39. This amount reflects unpaid roll off billings that have been in collections from FY06/07 to FY14/15. G. Approve the minutes from City Commission meeting held on July 16, 2019. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. 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 August 06, 2019- "Request for Extensions and/or Piggybacks." 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS A. Commissioner Penserga is requesting the Commission reconsider the following action the Commission took on July 2, 2019: Award of Insurance Broker Services, RFP 017-1710-19/MFD. 11. NEW BUSINESS A. Vice Mayor Katz has requested to discuss future Dogs on the Beach Events (Tabled to 8/6/19) B. The Mayor would like to share some information he obtained on his trip to Farindola, Italy. He also requests the Commission's consideration of naming Farindola, Italy as a Sister City. 12. LEGAL Page 4 of 436 A. City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the July 17, 2019 hearing for case# 13-1724. B. Provide information concerning elected officials terms of office to Commission. C. PROPOSED ORDINANCE NO. 19- 025 - FIRST READING -Approving amendments to the Land Development Regulations, Chapter 2. Article I, Section 4. Expedited Development Review Program, inserting additional eligible projects and benefits, and eliminating redundant verbiage and requirements. D. PROPOSED RESOLUTION NO. R19-083- Authorize Mayor to execute land swap agreement between the City of Boynton Beach and Sarah Williams; Authorize the Mayor to execute deed transfer from the City of Boynton Beach to Boynton Beach CRA. E. PROPOSED ORDINANCE NO. 19-022 - FIRST READING - Adopting amendments to the City's Land Development Regulations, Chapter 2, Article 11, Section 4.F pursuant to the Voluntary Compliance and Conciliation Agreement with the Department of Housing and Urban Development (HUD). F. PROPOSED ORDINANCE NO. 19-023 - FIRST READING -Approve proposed amendments to the City's Code of Ordinances, Chapter 2, Administration, Section 2-24 - Non-Discrimination Policy for consistency with the City's administrative Non-Discrimination Policy pursuant to Resolution No. R19-071, which Commission approved on July 2, 2019. G. PROPOSED ORDINANCE NO. 19-024 - FIRST READING - Adopting amendments to the City's Land Development Regulations, Chapter 3. Zoning, Article IV, Section 3.13.2 clarifying the ability for an accessory use to be conducted outside a building within abutting road and canal rights-of-way. H. PREPOSED ORDINANCE 19-026 - First Reading. Approval of Ordinance modifying the original powers and responsibilities of the Quantum Park Overlay Dependent District but reserving the District's authority to manage outstanding debt. 13. FUTURE AGENDA ITEMS A. Staff to present updated Social Media Policy - August 20, 2019 B. Commission wants to discuss security as it relates to the Town Square Redevelopment - August 20, 2019 C. Department to give brief presentation of their operations Library - September 2019 D. Staff will present some options for use of our innovation space at the new city hall (1600 sf). August 20, 2019 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HE/SHE WILL NEED A 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 TESEIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(ES.286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TOAFFORD AN INDIVIDUAL W1THA D1SABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,PROGRAM,ORACTIVITY Page 5 of 436 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 REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1T1ONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 436 1.A. OPENING ITEMS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation - Pastor Alex Cericola, Healing for the Nation 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 7 of 436 2.A. OTHER 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 8 of 436 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Dorothy Jacks, PBC Property Appraiser to address the Commission 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 9 of 436 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Announce the following September 2019 meetings: • September 3rd Commission Meeting moved to Thursday, September 5th at 6:30pm at Intracoastal Park Clubhouse to hold 1st Public Budget Workshop for FY 19/20 budget. • 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 CRA meeting. • Regular Commission Meeting on Tuesday, September 17, 2019 at 6:30pm at Intracoastal Park Clubhouse. 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 10 of 436 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Proclaim the month of August 2019 as Florida Water Professionals Month. EXPLANATION OF REQUEST: The Florida Water& Pollution Control Operators Association has designated the month of April as Florida Water Professionals month to recognize all water industry employees for their dedication and hard work providing safe drinking water to Florida's citizens and protecting Florida's environment and natural resources. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will have no impact on the programs or services provided by the City of Boynton Beach water professional or its citizens. FISCAL IMPACT: Non-budgeted None. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 11 of 436 Proclamation WHEREAS,the Florida Water&Pollution Control Operators Association,organized in 1940,is a non-profit trade organization that promotes the sustainability of Florida's water utility industry through workforce development to protect the health of Florida's citizens and to preserve the State's water resources;and WHEREAS, this organization offers water and wastewater treatment plant operator and water distribution operator training courses required for the State of Florida's operator license, eight voluntary certification programs and continuing education programs for operator license renewal; and WHEREAS, this organization, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel;and WHEREAS,the Florida Water and Pollution Control Operator's Association recognizes all those who have played a significant part in operating and maintaining drinking water,wastewater and storm water systems in Florida by celebrating Florida Water Professionals Month, which applauds their constant efforts to protect our health and environment. NOW,THEREFORE,I, Steven B. Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida,hereby proclaim August,2019 as: FLORIDA WATER PROFESSIONAL MONTH IN WITNESS WHEREOF I have hereunder set my hand this 6th day of August,2019. Steven B. Grant,Mayor ATTEST: Queenester Nieves Deputy City Clerk 5.A. ADMINISTRATIVE 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 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 Attachment Appointment 8-6-19 D Attachment Bionta, Marsha D Attachment Van Leuven, Joshua Page 13 of 436 APPOINTMENTS AND APPLICANTS FOR AUGUST 6, 2019 Building r Adjustments I II McCray Alt 2 yr term to 12/20 III Romelus Alt 2 yr term to 12/19 Applicants None Education visBoard III Romelus STU 2 yr term to 12/19(Tabled 3) IV Penserga STU NV 2 yr term to 12/19(Tabled 3) Applicants None Historic ResourcesPreservation Board IV Penserga Alt 2 yr term to 12/20(Tabled 3) Applicants None Library r Mayor Grant Alt 2 yr term to 12/20 (Tabled 3) I Katz Alt 2 yr term to 12/19(Tabled 2) Applicants None Recreation ars Advisory board I Katz Reg 2 yr term to 12/20 Applicants Marsha Bionta Joshua Van Leuven Senior vi 20 1 McCray Alt 2 yr term to 12/20 Applicants None Page 14 of 436 Ellis, StUla From: workppl <noreply@123formbuilder.io> Sent: Tuesday, May 21, 2019 10:51 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 05/21/2019 Name Marsha Bionta Gender Female Phone number 561-810-9924 Address 8276 Bermuda Sound Way Boynton Beach FL 33436 United States Email workppl@aol,com Current occupation or, if retired retired, prior occupation Education B.S. 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 No v;- on a City board? Have you served on a City Yes Ji board in the past? > If"yes",which board(s) Senior Advisory Board and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Recreation & Parks Board Personal Qualifications Attn: Wally Professional Memberships Feel free to attach/upload an extra sheet or resume. Page 15 of 436 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.139.196.86(United States)at 2019-05-2109:50:35 on Chrome 74.0.3729.157 Entry ID: 338 Referrer: htt_ ps://www.boynton-beach.or /boards-and-committees Form Host: https://www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 16 of 436 Che rv-Guberman, Catherine From: uberman' [athehne Sent: Wednesday, May 2I20I918:20AM To: 8ionta' Marsha Subject: Recreation and Parks Advisory Board Good Morning Ms. Bionta, The City of Boynton Beach received you application to serve on the Recreation and Parks Advisory Board. The City Commission appreciates for your willingness to contribute your time and efforts by serving onthis Board. Unfortunately,there are no current openings. The City will keep your application on file for a period of one year. Please keep inmind that all City meetings are public and you are welcome toattend the Recreation and Parks Advisory Board meetings, which are held on 4mM onday of each month at 6:30 PM at the Intracoastal Park Clubhouse. The Intracoastal Park Clubhouse is located at 2240 N. Federal Hwy, Boynton Beach, FL 33435. On behalf of myself, the City Commission, and the citizens of Boynton Beach, we thank you for your willingness toserve our City inthis capacity. Best, 1 Page 17Of436 Ellis, From: jvanleuven <noreply@123formbuilder.io> Sent: Tuesday, September 25, 2018 2:26 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Joshua-Van-Leuven,docx Today's date 09/25/2018 Name Joshua Van Leuven Gender Male Phone number 561-633-3095 Address 350 N Federal HWY#713 Boynton Beach Florida 33435 United States Email jvanleuven@gmail.com Current occupation or, if retired, prior Sales Admin occupation Education Some College Are you a registered Yes voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a business within No City limits? If"yes", name of business: Are you currently serving on a City No NJ board? Have you served on a City board in the No past? If yes",which board(s) and when? Have you ever been convicted of a No crime? If"yes",when and where? Page 18 of 436 Advisory Board Recreation& Parks Board Personal I have an e-commerce background, with a focus on digital marketing. 10 years of people Qualifications management, task/workflow management. Looking to do some good in the world and I am eager to help. Professional Memberships Feel free to attach/upload an wwly.123formbuilder.com/upload dld.php?fileid=3c06e3db81 dC0937bc32e5bea49dcb4e extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 170.250.59.183 (United States)at 2018-09-25 13:26:16 on Chrome 69.0.3497.100 Entry ID:292 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 19 of 436 Joshua Van Leuven Boynton Beach Florida, 33435 561.633.3095 jvanleuven@gmail.com 1o+years of experience managing a diverse range of projects, from large scale initiatives to day- to-day operational requests. Well-versed in project management and managing resources to complete assignments. Comfortable multitasking while self-prioritizing responsibilities in a fast paced, evolving environment. Proven ability to work with a small group or as part of a large cross-functional team to execute key initiatives. Experienced interacting with developers and creatines to drive positive user experience. Independently developed robust reporting to visualize data, and drive decisions/decisions makers. Office Depot Project Execution eci is 04/20:17- Present Created a project management system to track the launch of large customer opportunities ($75k or more). Produced processes to streamline and break down silos. Created reports and data visualizations to present to Executives and drive decisions. • Designed and launched high-level reports for management and executives • Designed the process to monitor and track project rollouts and speed up revenue • Analyzed current vendor rebates for holes and gaps, directly generating over $5ook in annual savings Badcock Home Furniture&More Head co ece&DigitalMarketing o6/2o16 - 03/2017 Led the creation of an ecommerce platform with a small team of developers and graphic artist. Directly managed the creation and implementation of a digital marketing strategy. • Created and managed the digital marketing strategy(PPC, SEO On-page and off-page, Social Media, etc.) driving a 400% increase to inbound organic traffic • Coordinated a complete site overhaul and redesign (Product copy,taxonomy, findability, etc) increasing time on page and user engagement • Oversaw the development of an ecommerce shopping cart to integrate with proprietary back-end software Joshua Van Leuven Page 1 Page 20 of 436 Office Depot Business Analyst 07/2015 - o6/2o16 Managed the product recommendation engine on the retail and BSD sites, curating product recommendations to increase engagement and sales. Used a mixture of proprietary software and custom SQL queries to drive sales. • Used SQL to create strategies that drove sales, generating $18ok in daily sales • Managed the process for product recommendations on Ecommerce and BSD sites • Enhanced customer experience,working with a cross-functional team in an Agile environment Professional Piercing y Inc Econunerce&DigitalMarketing Manager 10/2008 - 04/2015 Wore many hats in a startup company. Had the ability to learn on the fly and try innovative initiatives. Started as a customer service rep and worked my way up, directly reporting to the CEO. • Created processes and workflows to increase productivity • Led a team of 25+ associates, across multiple departments • Owned the social media marketing, growing a facebook page to 40ok fans • Microsoft Office, Google Suite,Adobe Creative Suite: Outlook,Access, Excel,Word, Google Analytics, Google Drive, Sheets, Docs, Windows, Photoshop, Dreamweaver, etc. • Third-Party E-Commerce Sales Channels: Amazon(US, DE, UK, CA), eBay, Sears.com, Buy.com/Rakuten, Newegg, ChannelAdvisor, Upshot, Market AdOsor, Frootion, Shopify, Wordpress,WooCommerce • Design&Programming: HTML/CSS, Python,VB Scripting • SQL: MySQL, SQLite, Hive, ParaSQL, Relational Databases • Advanced Excel functions: pivot tables,vlookups, index/match, macros,vba etc. • Social Media Marketing:YouTube, Twitter, Facebook, LinkedIn, Instagram, Google Plus, Pinterest, Tumblr, Reddit, Hootsuite,TweetDeck, IFTTT, MailChimp, Klout, StreamSend Joshua Van Leuven Page 2 Page 21 of 436 6.A. CONSENTAGENDA 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-079-Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City- contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of$30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 22 of 436 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Nuisance Abatement D Exhibit Exhibit A Page 23 of 436 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, a contract vendor was requested by Community Standards to mow the 13 lots,remove vegetation and board up structures on the properties, described in Exhibit"A"; and 14 15 WHEREAS, the owners of the parcel(s) of property hereinafter described were 16 invoiced by the Finance Department in an effort to recoup these costs with no response; and 17 18 WHEREAS, said nuisance was not abated as required; and, 19 20 WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent 21 letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien 22 on their property; and 23 24 WHEREAS, the City Manager or her authorized representative has made a report of 25 costs actually incurred by the City and abatement of said nuisance as to the property(s)involved, 26 which is described in Exhibit"A" attached to this Resolution; and 27 28 WHEREAS, upon passage of this Resolution, the property owners will be furnished 29 with a copy of this Resolution, and given one more opportunity to remit all costs associated 30 with the abatement in full within 30 days of the passage of the Resolution, before transmittal to 31 the County for recordation of Liens; and 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 Section 1: Each Whereas clause set forth above is true and correct and incorporated 38 herein by this reference. 39 40 Section 2: The amount of costs incurred by the City and the abatement of the above- 41 described nuisance as to the parcels of land, owned and indicated to wit: 42 43 44 SEE ATTACHED EXHIBIT "A" 45 46 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\5E5642DE-9D8B-4293-8711-428F93CB5AAC\Boynton Beach.17465.1.Nuisance Abatement for 080619- Reso.docx Page 24 of 436 47 Subject amount is hereby assessed as liens against said parcels of land as 48 indicated, plus an additional administrative charge of $30.00 for each Lien. 49 Liens shall be of equal dignity with the taxes there from for the year 2019, and 50 shall be enforced and collected in like manner pursuant to applicable provisions 51 of law. In the event collection proceedings are necessary, the property owner 52 shall pay all costs of the proceedings, including reasonable attorneys fees. 53 54 Section 3. This Resolution shall become effective immediately upon passage. 55 56 57 PASSED AND ADOPTED this day of , 2019. 58 CITY OF BOYNTON BEACH, FLORIDA 59 60 YES NO 61 62 Mayor— Steven B. Grant 63 64 Vice Mayor—Justin Katz 65 66 Commissioner—Mack McCray 67 68 Commissioner—Christina L. Romelus 69 70 Commissioner—Ty Penserga 71 72 73 VOTE 74 ATTEST: 75 76 77 Queenester Nieves 78 Deputy City Clerk 79 80 81 (Corporate Seal) 82 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\5E5642DE-9D8B-4293-8711-428F93CB5AAC\Boynton Beach.17465.1.Nuisance Abatement for 080619- Reso.docx Page 25 of 436 t O O O O M OJ OJ OJ OJ N O �(1 O l0 l0 CP i,Co 0 0 P 0 0 0 0 st 06 o6 o6 o6 m m m m 0 ' Ol F- 5` N M O Ol Ol Ol of 0000 00 00 00 00 00 00 is v � J > a Li- 0 C N O O N O O O O O O O O O .�-I of LL ti N N N N t M M M M 00 00 00 00 0000`O 00 00 -I N ^ ^ 00 O -0I O M M � OJ Q N'M LL N N M M r 40s LL u 00 M u M X �^ N m ^ LL W +m H O O O L J f0 T U m Z S m O rl �4, v C i �7! a+ L O \ 0 5 O Z . � N N .--I 00 O ;• rl e-I C c-I H AN � C J C a> 6Js � U Z � C > O N r� � � N v C � f0 6.B. CONSENTAGENDA 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-080- Approve and authorize the Mayor to sign the Lease Agreement between the City and Yachtsmans Properties to allow the Police Department's Neighborhood Officer Program and Crime Prevention to occupy Unit 12 of Ocean Palm Plaza, 1550 North Federal Highway for a fixed annual rent of$1 plus an estimated $578 per month operating expenses. EXPLANATION OF REQUEST: Initial Lease Term: Two Years The Police Department's Neighborhood Officer Program, Crime Prevention Unit, and related community policing activities will be housed at this location during the term of the lease. The initial term of the lease is two years and may be extended for one additional term of two years. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Co-locating these two programs will provide convenience to residents and businesses within the CRA because of their proximity to the Heart of Boynton. FISCAL IMPACT: Upon lease approval, $1,156.00, representing the first month's Operating Expenses of$578.00 and the last month's estimated Operating Expenses of$578.00 is due. Thereafter, the annual rent will be $1.00 ($0.0833/month). Annual Fixed Rent $1 Est Monthly Operating Exp $578 x 12 = $6,936/annually ALTERNATIVES: Do not approve lease agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 27 of 436 Grant Amount: ATTACHMENTS: Type Description Resolution approving Lease Agreement at Ocean D Resolution Palm Plaza for the Neighborhood Officer and Crime Prevention Unit D Agreement Lease Agreement Page 28 of 436 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN THE LEASE AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND YACHTSMAN PROPERTIES TO 8 ALLOW THE POLICE DEPARTMENT'S NEIGHBORHOOD 9 OFFICER PROGRAM AND CRIME PREVENTION TO OCCUPY 10 UNIT 12 OF OCEAN PALM PLAZA; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the Police Department's Neighborhood Officer Program, Crime 15 Prevention Unit and related community policing activities will be housed at this location 16 during the term of the lease; and 17 WHEREAS, the initial term of the lease is for two years and may be extended for one 18 additional two-year term; and 19 WHEREAS, co-locating these two programs will provide convenience to residents 20 and businesses within the CRA because of their proximity to the Heart of Boynton; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22 recommendation of staff, deems it to be in the best interests of the City residents to approve 23 and authorize the Mayor to sign the Lease Agreement between the City of Boynton Beach and 24 Yachtsman's Properties to allow the Police Department's Neighborhood Officer Program and 25 Crime Prevention Unit to occupy Unit 12 of Ocean Palm Plaza at 1550 North Federal Highway 26 for a fixed annual rent of$1 plus estimated $578 monthly operating expenses. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B1818AD3-DE70-4C1B-B8BD-3C99C9782FEB\Boynton Beach.17467.1.Lease_Agreement for Ocean_Palm_Plaza -_Reso.docx Page 29 of 436 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission hereby approves and authorizes the Mayor to 33 sign the Lease Agreement between the City of Boynton Beach and Yachtsman's Properties to 34 allow the Police Department's Neighborhood Officer Program and Crime Prevention Unit to 35 occupy Unit 12 of Ocean Palm Plaza at 1550 North Federal Highway for a fixed annual rent 36 of$1 plus estimated $578 monthly operating expenses, a copy of the Lease is attached hereto 37 as Exhibit"A." 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2019. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Justin Katz 47 48 Commissioner—Mack McCray 49 50 Commissioner—Christina L. Romelus 51 52 Commissioner—Ty Penserga 53 54 VOTE 55 ATTEST: 56 57 58 59 Queenester Nieves 60 Deputy City Clerk 61 62 63 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B1818AD3-DE70-4C1B-B8BD-3C99C9782FEB\Boynton Beach.17467.1.Lease_Agreement for Ocean_Palm_Plaza -_Reso.docx Page 30 of 436 LEASE This Lease (the "Lease"), entered into on between YACHTSMANS PROPERTIES, LLC, a Delaware limited liability company, having its principal place of business c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Armonk, NY 10504, referred to as "Lessor," and the City of Boynton Beach, Florida, a Florida municipal corporation, having its principal place of business at PO Box 310, Boynton Beach, Florida, 33426 referred to as "Lessee." SECTION ONE DESCRIPTION OF PREMISES Lessor leases to Lessee the store premises (the "Premises") shown as "Unit 12" on the Site Plan attached hereto as Exhibit A, located in "Ocean Palm Plaza — Building 1550" at 1550 North Federal Highway, Boynton Beach, Florida (the "Shopping Center"). (Lessor reserves the right in its sole discretion to change the name of the Shopping Center at any time, with or without notice to or approval of Lessee). SECTION TWO TERM The term of this Lease ("Term" or "Lease Term") is approximately Two (2) years, beginning on the Delivery Date (as defined in Section Four (the "Commencement Date"), and terminating on the last day of the month in which occurs the Second (2nd) anniversary of the Rent Commencement Date, as that term is defined in Section Three, (the "Termination Date"), unless the Lease is extended as provided in Section Thirty-One. Any Extension Term, properly exercised, shall become part of the Lease Term for all purposes hereunder. SECTION THREE FIXED RENT AND OTHER CHARGES FIXED RENT. Lessee shall pay Lessor Fixed Rent, in advance, without any offset or deduction on the first day of each month of the Term in the following amounts (Lessee is not obligated to pay sales tax as a municipality, therefore no sales tax will be collected throughout the term of the lease): Year PSF Rent Annual Rent Montle Rent 1 $0.0010 $1 $0.0833 2 $0.0010 $1 $0.0833 A. RENT COMMENCEMENT DATE. Lessee shall begin all payments of Fixed Rent and other charges on the Rent Commencement Date, which shall be on the Delivery Date. B. INITIAL OPERATING EXPENSES: $7 per square foot per annum ($0.583 per square foot per month), payable in monthly installments on the first day of each and every month during the Term (subject to periodic adjustment pursuant to Section 8). Lessee's Proportionate Share of Operating 100297672.2 306-90018211 1 Page 31 of 436 Expenses shall be fifteen percent (5.1%), which share is derived by dividing the number of gross rentable square feet contained in the Premises (stipulated to be 991 square feet) by the "Gross Rentable Shopping Center Square Footage" (19,334), which is the aggregate number of square feet contained in the Shopping Center being used for retail purposes. Lessor may adjust the Gross Rentable Shopping Center Square Footage to account for outparcels shown on the Site Plan to account for the fact that such tenant(s) or occupant(s) may pay or incur certain Operating Expenses directly. In addition to the defined Initial Operating Expenses detailed and calculated in the preceding paragraph, the Lessor is required to obtain a premises only liability policy in the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) per occurrence and in the sum of Two Million Dollars and 00/100 Cents ($2,000,000.00) per aggregate on the City of Boynton Beach's behalf as part of this Lease as said policy is required by the Lessor's insurance carrier ("Premises Only Liability Policy") for which the cost of this policy will be a one-hundred percent (100%) pass-through of cost to the Lessee which will be spread out over twelve (12) equal monthly installments to the Lessee and added to the above stated Operating Expenses in full, as this Premises Only Liability Policy is required for this specific Lessee. The cost of this Premises Only Liability Policy for the initial annual period is Five Hundred Sixty Dollars and 00/100 Cents ($560.00), and includes terrorism insurance, which is to be paid by the Lessee, and which cost is subject to change. Lessee acknowledges this additional constant monthly increase to the Initial Operating Expenses, future applicable Operating Expenses and agrees to make such payments as stated herein. C. SECURITY DEPOSIT: $0.00. The Deposit shall be held as security for the payment of Rent, and for performance of all other terms, covenants and conditions of Lessee hereunder; the amount of the Deposit, without interest, shall be repaid to Lessee after the Termination Date, provided Lessee shall have performed all terms, covenants and conditions under this Lease. Upon any Event of Default by Lessee, all or part of the Deposit may, at Lessor's sole discretion, be applied on account of such default, and thereafter Lessee shall promptly restore the resulting deficiency in the Deposit. The Deposit may be co-mingled by Lessor with its own funds. Lessee acknowledges that the Deposit is not to be construed as prepaid Rent by Lessee for any rental period during the Term. The Deposit is in addition to, and not a substitute for any statutory landlord's lien provided under law. D. DUE ON SIGNING: $1,156, representing the first month's Operating Expenses of $578, the last month's estimated Operating Expenses of$578.00. E. PAYMENT; LATE FEES: Fixed Rent, Operating Expenses and any other payments due under this Lease (whether or not designated as "Additional Rent" hereunder) shall be collectively referred to as "Rent". Lessee shall pay Lessor the Fixed Rent and Operating Expenses in monthly installments as defined above, , beginning on the Rent Commencement Date, with succeeding payments as called for in the Lease due on the 1st day of each subsequent month during the Term of the Lease. Late Fees equal to the greater of Two Hundred Dollars ($200.00) or ten percent (10%) of the past due amount, plus interest calculated at the rate of 1.5% per month (or if less, the maximum amount allowed under applicable law) shall be assessed if Rent (or any portion thereof) is not received by the 5th of the month in which it becomes due. In addition to the foregoing Late Fees, bad checks shall also incur an administrative charge of Fifty Dollars ($50.00),plus any fee imposed on Lessor by its bank or financial institution. 100297672.2 306-90018211 2 Page 32 of 436 SECTION FOUR CONDITION OF THE PREMISES Lessor shall deliver the Premises to Lessee with all of Lessor's Work (as described in Exhibit B attached hereto) substantially complete no later than the Delivery Date (as defined in Section Seven). Unless Lessor is delivering possession on execution of this Lease, Lessor agrees to provide Lessee with at least three (3) days notice of the date on which Lessor intends to deliver the Premises, which date shall be known as the "Possession Date". Lessor and Lessee stipulate that the Premises will consist of the number of square feet of leaseable area set forth in Section Three (C), Lessor represents and warrants that at the Delivery Date, all parts of the Premises as referenced in Section 9 are in good condition. Except for Lessor's Work, the Premises shall be delivered in strictly "AS-IS, WHERE IS" condition and Lessee shall accept the same in the condition existing on the date delivered without claims for repairs or improvements. Acceptance of the Premises by Lessee shall be construed as recognition that the Premises are in a good state of repair and in sanitary condition on the date delivered, which Premises are hereby accepted by the Lessee. Lessor makes no express or implied warranty or representation as to the fitness of the Premises for Lessee's intended use, nor the existence or operation of other tenants or occupants within the Shopping Center, nor the condition of any systems or services serving the Premises, including without limitation the HVAC or any utility service. Lessee shall arrange and pay for all utilities furnished to the Premises for the Term of this Lease, including, but not limited to, electricity, gas, water, sewer, and telephone service. Lessor must approve Lessee's construction plans for its initial build-out in writing before Lessee may begin any work in the Premises. SECTION FIVE USE OF PREMISES; RESTRICTIONS ON USE Lessee may use the Premises asap Office for the City of Boynton Beach Police's Neighborhood Officer Program, Crime Prevention Units, and related uses, specifically excluding police activities such as booking prisoners, interrogations, etc. (the "Permitted Use"), Lessee shall restrict its use to such purpose, and shall not use or permit the use of the Premises for any other purpose without the prior, express, and written consent of Lessor or Lessor's authorized agent. Lessee shall not use the Premises in any manner that will increase risks covered by insurance on the Premises and/or result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes, or allow a lien or other encumbrance to attach to Lessor's estate. In no event shall Lessee violate any of the Exclusive and Prohibited Uses listed on Exhibit C. Lessee shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the Premises, and shall comply with all recommendations and requirements of the insurers applicable to the Premises and necessary to keep in force the casualty and liability insurance. SECTION SIX WASTE, NUISANCE, AND COMPLIANCE WITH LAWS Lessee shall not allow any waste or nuisance on the Premises, nor use or allow the Premises to be used for any unlawful purpose or in an unlawful manner. Lessee shall comply with all laws, rules, regulations or 100297672.2 306-90018211 3 Page 33 of 436 ordinances governing the Premises, shall obtain and keep in full force and effect all occupational, or other licenses required by any governmental agency having authority over Lessee's business, and shall pay all dues, fees, taxes or other charges imposed on Lessee's business by any authorized governmental authority. SECTION SEVEN DELAY IN DELIVERING POSSESSION This Lease shall not be rendered void or voidable by the inability of Lessor to deliver possession to Lessee on any specified date. Lessor shall not be liable to Lessee for any loss or damage suffered by reason of any delay; provided, however, that in the event, for any reason, Lessor does not substantially complete Lessor's Work and deliver the Premises by September 1, 2019 ("Delivery Date"), the Commencement Date, Rent Commencement Date, and date for commencement of payment of Operating Expenses shall be extended one (1) day for each day of delay in completing Lessor's Work. No extension of this Lease shall result from a delay in delivering possession. SECTION EIGHT OPERATING EXPENSES A. The term "Operating Expenses" shall mean all costs and expenses incurred by or on behalf of Lessor in operating, managing, maintaining and repairing the Shopping Center, including, without limitation, all costs with respect to insurance expenses, real estate taxes (whether general or special, ad valorem or otherwise), all costs and expenses of operating, managing, maintaining, repairing and replacing, signing, cleaning, painting and striping of the Shopping Center (including, without limitation, the cost of uniforms, equipment and employment taxes); payroll burden of all employees (payroll taxes and employee benefits); security; alarm, surveillance and life safety systems; janitorial services; maintenance of sprinkler systems; removal of water, trash and debris; payments required by governmental authorities; costs and expenses in connection with maintaining governmental authority ambient air and environmental standards; the costs of all materials, supplies and services purchased or hired therefore; operation of public toilets; maintenance, repair and replacement of the roof, utility systems serving the Shopping Center including, without limitation, water, sewer and storm water lines and other utility lines, pipes and conduits; management fees, costs and expenses of inspecting and depreciation of machinery and equipment used in the operation and maintenance of the Shopping Center and personal property taxes and other charges (including, but not limited to, financing, leasing or rental costs) incurred in connection with such equipment; costs and expenses of capital repairs and replacements to the Shopping Center, including, without limitation, lighting and shrubbery; costs of providing water, sewer,power and other utilities to the Shopping Center; the cost of any capital improvements made to the Shopping Center by Lessor that reduce other Operating Expenses or made to the Shopping Center required under any governmental requirement; and administrative costs attributable to the Shopping Center for on-site personnel and an overhead cost equal to fifteen percent (15%) of the total costs and expenses of operating and maintaining the Shopping Center. Lessor may elect to amortize any of the foregoing costs and expenses over such period as Lessor shall determine together with interest at the rate of fifteen percent (15%)per annum. B. Commencing on October 1, 2019, Lessee shall pay, with each monthly installment of Fixed Rent, one-twelfth (1/12) of Lessee's Proportionate Share of annual Operating Expenses. The expected first-year operating expenses for the Premises is expected to be seven dollars per square foot ($7 psf) or 100297672.2 306-90018211 4 Page 34 of 436 $578 per month. Such amounts shall be calculated by Lessor based upon the prior (calendar or fiscal, at Lessor's sole election) year actual amounts incurred by Lessor with respect to such Operating Expenses and Lessor shall include an amount reasonably estimated by Lessor toward any increase in such charges for such succeeding years. Lessor may at any time increase such estimate of the Operating Expenses in accordance with the provisions of this Section. Upon determination by Lessor of the actual amounts incurred by Lessor during the then current year for such charges, Lessee shall pay upon demand the amount of any deficiency in such estimated payments toward the actual amounts incurred therefor by Lessor, and Lessor shall credit any overpayment by Lessee toward the next accruing monthly payments for such charges until fully recouped. Lessee's obligation to pay the Additional Rent pursuant to this Section which accrues during the Term shall survive expiration or earlier termination of this Lease. After the end of each calendar year during the Term, Lessor shall furnish to Lessee a statement in reasonable detail of the actual costs and expenses related to the Operating Expenses payments, and there shall be an adjustment between Lessor and Lessee, with payment to or repayment by Lessor, as the case may require. Any required repayment by Lessor may be accomplished, at Lessor's option, by crediting the amount of overpayment against Fixed Rent or future monthly payments of Operating Expenses (or any portion thereof as determined by Lessor) which may be or become owed by Lessee, and shall be deemed conclusive between the parties. Such statement may also contain an estimate by Lessor of the Operating Expenses payments for the next succeeding year, and Lessor may adjust from time to time the estimated payments of Operating Expenses. Until such time as Lessor provides a statement adjusting the estimated Operating Expenses payments, Lessee shall continue to make payments in the amount of the prior estimated amount from Lessor, subject to adjustment pursuant to this Section, and upon notification of the increase by Lessor, Lessee shall pay the full amount of the increase which is due for any prior months during the adjusted period and thereafter continue to make payments at the adjusted amount. SECTION NINE REPAIRS AND MAINTENANCE A. Lessor shall maintain the roof, foundation and structural soundness of the exterior walls (excluding all windows and doors) of the buildings and the Common Areas located in the Shopping Center. B. Lessee shall, at its sole cost and expense, maintain, repair and replace all other parts of the Premises in good condition and repair including, without limitation, all utilities, fixtures, mechanical, electrical, plumbing systems and equipment located in, on or about the Premises, and the heating, ventilating and air conditioning ("HVAC") system(s) servicing the Premises. Lessee, at its sole cost and expense, shall keep and maintain the Premises and the areas immediately surrounding the Premises, at all times in a neat, clean and sanitary condition (including the removal and/or disposal of any trash) and in accordance with all governmental requirements, and Lessee shall, at its sole cost and expense, repair and replace all damage to the Premises caused by Lessee and its agents, officers, employees, contractors and invitees. If Lessee fails to comply with the above obligations and such failure continues for three (3) days after notice from Lessor, Lessor may perform, but is not obligated to perform, any such Lessee obligation, and the cost thereof shall be paid by Lessee as Additional Rent within ten (10) days of demand from Lessor. It is the parties intention that the Lease be a "net lease", and Lessee shall pay, in addition to Rent, all costs and expenses related to the Premises, including without limitation, all maintenance, repair and replacement expenses, except as specifically provided to the contrary in this Lease. Lessee shall throughout the Term maintain a service contract with an air conditioning repair firm approved by Lessor, at Lessee's sole cost, 100297672.2 306-90018211 5 Page 35 of 436 for the regular and emergency maintenance and repair and replacement of the HVAC systems servicing the Premises, including, without limitation, the periodic cleaning of the coils of the HVAC unit. Neither Lessee nor Lessee's employees, agents contractors or invitees shall be permitted access to the roof of the Premises or Shopping Center. Additionally, if the HVAC system (or other utility equipment) is damaged by vandalism, fire, lightning or other casualty, Lessee shall be responsible for the cost of repair (and if necessary, replace) the equipment. Lessee's sole right of recovery shall be against Lessee's insurers for loss or damage to stock, furniture and fixtures, equipment, improvements and betterments. For any work that Lessee is responsible under this Lease which involves access to and/or penetration of the roof surface, without limiting Lessor's right to approve any alterations or work (and contractors performing the same) as provided in Sub-section (C) below, Lessee shall provide Lessor prior written notice and shall employ Lessor's contractor at Lessee's sole cost. Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be permitted to perform any structural alterations or repairs to the Premises, and at Lessor's sole election either Lessor or Lessor's designated contractor shall perform, at Lessee's sole cost and expense, any such structural alterations and repairs. As a part of Lessee's general maintenance obligation, Lessee shall enter into an annual contract with a licensed, bonded and insured pest control contractor reasonably acceptable to Lessor, fully licensed to inspect and treat for pests, which shall provide services as dictated by Lessee and as Lessor may reasonably require from time to time. Upon demand by Lessor, Lessee shall furnish to Lessor a copy of the pest control maintenance contract described above. Nothing stated hereinabove shall limit Lessee's obligation to maintain the Premises free of pests throughout the Term. Lessee shall also close out any permits pulled by or on behalf of Lessee. C. Lessee shall not make any alterations to the Premises without the prior written consent of Lessor. Lessor shall not unreasonably withhold its consent to any interior, nonstructural alterations, but Lessor may withhold or deny its consent to any exterior alterations, or to any alterations which affect the roof, structure or mechanical electrical or plumbing facilities serving the Premises in its sole discretion. In any event, Lessor must approve any contractors Lessee may engage to perform any alterations in, on, or about the Premises. D. In order to comply with the provisions of Section 713.10 Florida Statutes, it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including, without limitation, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any kind of lien whatsoever upon the Premises or the Center or any improvement thereon, and any such liens are specifically prohibited. All parties with whom Lessee may deal are put on notice that Lessee has no power to subject Lessor's interest to any claim or lien of any kind or character, and all such persons so dealing with Lessee must look solely to the credit of Lessee, and not to Lessor's interest or assets. Lessee shall put all such parties with whom Lessee may deal on notice of the terms of this Section. If at any time a lien or encumbrance is filed against the Premises or the Center as a result of Lessee's work, materials or obligations, Lessee shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within ten (10) days from the date it is filed, Lessee agrees to deposit with Lessor cash in an amount equal to one hundred fifty percent (150%) of the amount of any such lien or encumbrance, to be held by Lessor(without interest to Lessee)until any such lien or encumbrance is discharged. SECTION TEN SURRENDER OF PREMISES Lessee shall surrender the Premises at the end of the Term, or any renewal of such Term, in the same 100297672.2 306-90018211 6 Page 36 of 436 condition as when Lessee took possession, allowing for reasonable use and wear. Before surrender, Lessee shall remove all business signs placed on the Premises by Lessee and restore the portion of the Premises on which they were placed in the same condition as when delivered by Lessor. Lessor shall have the right 90 days prior to the termination of this lease (or at any time Lessee is in default of its obligations under this Lease)to place"FOR RENT" signs (or their equivalent)in or on the Premises. SECTION ELEVEN PARTIAL DESTRUCTION OF PREMISES Partial destruction of the Premises shall not render this Lease void or voidable, nor terminate it except as specifically provided in this Lease. If the Premises are partially destroyed during the Term of this Lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations, within 180 days of the partial destruction. Written notice of the intention of Lessor to repair shall be given to Lessee within 60 days after any partial destruction. Fixed Rent will be reduced proportionately to the extent to which the repair operations interfere with the business conducted on the Premises by Lessee. If the repairs cannot be made within the time specified above, Lessor shall have the option to make them within a reasonable time and continue this Lease in effect with proportional rent rebate to Lessee as provided for in this Lease. If the repairs cannot be made in 180 days, and if Lessor does not elect to make them within a reasonable time, either party shall have the option to terminate this Lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated. The parties shall each select an arbitrator, and the two arbitrators selected shall together select a third arbitrator. The three arbitrators shall determine the dispute, and their decisions shall be binding on the parties. The parties shall divide the costs of arbitration equally between them. SECTION TWELVE ENTRY ON PREMISES BY LESSOR Lessor reserves the right to enter on the Premises at reasonable times to inspect them, perform required maintenance and repairs, or to make additions, alterations, or modifications to the Common Areas or to any part of the building in which the Premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences, and similar structures, post relevant notices, and place moveable equipment in connection with making alterations, additions, or repairs, all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises, or loss of occupation or use of the Premises. Lessor will have the right (i) to establish, modify and enforce reasonable rules and regulations from time to time with respect to the Common Areas; (ii) to enter into, modify and terminate agreements pertaining to the use and maintenance of the Common Areas; (iii) to close temporarily portions of the Common Areas; and (iv) to do and perform such other acts in and to said areas and improvements as Lessor shall determine. SECTION THIRTEEN SIGNS, AWNINGS, AND MARQUEES INSTALLED BY LESSEE Lessee shall not construct or place signs, awnings, marquees, or other structures projecting from the exterior of the Premises without the prior, express, and written consent of Lessor, which consent may be granted or withheld in Lessor's sole and absolute discretion. Subject to municipal code approval (to be obtained by 100297672.2 306-90018211 Page 37 of 436 Lessee), Lessor hereby approves Lessee's signage as shown on Exhibit D. Lessee shall remove signs, displays, advertisements, or decorations it has placed on the Premises that, in the opinion of Lessor, are offensive or otherwise objectionable in Lessor's sole opinion. If Lessee fails to remove such signs, displays, advertisements, or decorations within 5 days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove them at the expense of Lessee. In any event, Lessee shall conform any signs to the Sign Criteria then in effect for the Shopping Center. Except as provided herein and approved by Lessor, Lessee shall have no other rights to have any other signage or other identification displayed in the Shopping Center. Lessee shall be entitled to maintain a sign panel on the Shopping Center Pylon in the size and location shown on Exhibit D. Such panel shall conform to the manufacturer's specifications for the pylon structure, and shall be manufactured, delivered, and installed at Lessee's sole expense. Lessor reserves the right to require Lessee to use Lessor's sign company to install Lessee's panel. Lessee shall maintain, repair, and replace (as necessary)its panel on the pylon, and Lessee agrees to replace such panel if, in Lessor's opinion, such panel becomes faded, broken, cracked, or otherwise in disrepair. If Lessee fails to replace such panel within thirty (30) days following Lessor's written notice, or if Lessee is in default of this Lease beyond any applicable notice and cure periods, Lessor may remove Lessee's panel (at Lessee's expense) and replace the same with a blank panel, or at Lessor's option a panel identifying another tenant or occupant of the Shopping Center. SECTION FOURTEEN BUSINESS SALE SIGNS Lessee shall not conduct "Going out of Business," "Lost Our Lease," `Bankruptcy," or other sales of a similar nature on the Premises without the prior written consent of Lessor. In no event shall Lessee erect or maintain any permanent or temporary signage (i.e., "reader boards", billboards, "lollipop" signs, mobile marquee, vehicles bearing signage identifying Lessee) in or on the Premises or the Common Area, without the prior written approval of Lessor, which may be withheld in Lessor's sole discretion. SECTION FIFTEEN NONLIABIL,ITY OF LESSOR/EXCULPATION Lessor shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Premises by Lessee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Premises during the Term of this Lease or any extension of such Term. Lessee shall indemnify Lessor, its agents, employees, officers and directors, to the greatest extent permitted by the laws of the State of Florida and subject to Fla. Stat. 768.28, from any and all liability, loss, or other damage claims or obligations resulting from any injuries or losses of any nature, directly or indirectly related to the Lessee's use and occupancy of the Premises, including, without limitation, any claims arising in common or other areas of the property of the Lessor. The obligations of Lessor under this Lease do not constitute personal obligations of Lessor or its individual partners, shareholders, directors, officers, employees and agents, and Lessee shall look solely to Lessor's then existing interest in the Premises, and to no other assets, for satisfaction of any liability in respect of this Lease, and will not seek recourse against Lessor's individual partners, shareholders, directors, officers, employees or agents, or any of their personal assets or those of any related entity for such satisfaction. No 100297672.2 306-90018211 8 Page 38 of 436 other properties or assets of Lessor or any related entity shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment(or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease, the relationship of landlord and tenant, or Lessee's use of the Premises. Lessee's sole right and remedy in any action concerning Lessor's reasonableness (if and where the same is required under this Lease) shall be an action for either declaratory judgment or specific performance. SECTION SIXTEEN LIABILITY INSURANCE Lessee is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Lessee is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of$200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part 11, Florida Statutes, or as amended from time to time. Worker's Compensation insurance is maintained in full compliance with Florida law. Lessee shall obtain and keep in force during the Term of this Lease "all risk" extended coverage property insurance with coverages acceptable to Landlord, in Landlord's commercially reasonable discretion. Said insurance shall be written on a one hundred percent (100%) replacement cost basis on Lessee's personal property, all Lessee improvements installed at the Premises by Landlord or Lessee, Lessee's trade fixtures and other property. By way of example, and not limitation, such policies shall provide protection against any peril included within the classification "fire and extended coverage," against vandalism and malicious mischief, theft, sprinkler leakage, earthquake damage, windstorm damage and flood damage. Lessee expressly acknowledges and agrees that in the event its insurance policy excludes coverage for flood, earthquake, windstorm or any other peril, that neither Lessee nor its insurance company shall have any right or claim against Landlord or its insurance company as a result of damage to Lessee's Property resulting from such excluded peril. In addition, if there is damage to any Lessee improvements installed in the Premises which is not covered by Lessee's insurance because of exclusions under Lessee's "all risk" policy, Lessee shall be required to reimburse Landlord for any costs incurred by Landlord to repair or replace such improvements. If this Lease is terminated as the result of a casualty in accordance with section 11, the proceeds of said insurance attributable to the replacement of all Lessee improvements at the Premises shall be paid to Landlord. If insurance proceeds are available to repair the Lessee improvements, at Landlord's option, all insurance proceeds Lessee is entitled to receive to repair the Lessee improvements shall be paid by the insurance company directly to Landlord, Landlord shall select the contractor to repair and/or replace the Lessee improvements, and Landlord shall cause the Lessee improvements to be repaired and/or replaced to the extent insurance proceeds are available. In addition, the Lessor shall obtain a Premises Only Liability Policy, including terrorism coverage, in the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) per occurrence and in the sum of Two Million Dollars and 00/100 Cents ($2,000,000.00) per aggregate on the City of Boynton Beach's behalf as part of this Lease as said policy is required by the Lessor's insurance carrier, and will be paid in full by Lessee as stated above. 100297672.2 306-90018211 9 Page 39 of 436 SECTION SEVENTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Lessee shall not assign or sublease the Premises (or any part thereof), nor grant any right or privilege connected with the Premises or use thereof, nor allow any other person except agents and employees of Lessee to occupy the Premises (or any part thereof) without first obtaining the prior written consent of Lessor, which consent maynot be unreasonably withheld. . Consent by Lessor to one assignment, sublease or license shall not be consent to any subsequent assignment, sublease, or license. An unauthorized assignment, sublease, or license to occupy by Lessee shall be void and at the option of Lessor shall terminate this Lease. The interest of Lessee in this Lease is not assignable by operation of law without the written consent of Lessor. Any assignment for the benefit of creditors, or any transfer of stock, partnership, or other form of ownership interest in Lessee is prohibited except in accordance with the provisions of this Section. In addition, no assignment, sublease or license, whether with or without Lessor's consent shall affect any personal or corporate guaranty. As a condition of considering any request for Lessor's approval, together with its request, Lessee shall pay Lessor a review fee of One Thousand Dollars ($1,000.00), plus Lessor's reasonable attorney fees and or administrative fees in reviewing the terms and considerations of any proposed assignment, sublease or license, whether or not such transfer is approved by Lessor. SECTION EIGHTEEN BREACH Failure to pay any item of Rent when due, the appointment of a receiver to take possession of the assets of Lessee, a general assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with any term and/or condition of this Lease shall constitute a breach of this Lease. Lessee shall have 5 days after receipt of written notice from Lessor of any breach to correct the conditions specified in the notice. If Lessee cannot reasonably cure such breach within the 5 day period, Lessee shall have a reasonable time to correct the default, provided such action is commenced by Lessee within 5 days after receipt of the notice and diligently pursued to completion. Such additional time shall not be required for any event involving a failure to pay any item of Rent when due. SECTION NINETEEN REMEDIES OF LESSOR FOR BREACH BY LESSEE Lessor shall have the following remedies in addition to its other rights and remedies in the event Lessee breaches this Lease and fails to make corrections as set forth in Section Eighteen: A. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. B. After reentry, Lessor may terminate this Lease on giving 10 days written notice of termination to Lessee. 100297672.2 306-90018211 10 Page 40 of 436 Without such notice, reentry will not terminate this Lease. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including, but not limited to, the cost of recovering the Premises and the balance of the Rent payments remaining due and unpaid under this Lease. C. After reentering, Lessor may relet the Premises or any part of the Premises for any term without terminating this Lease, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are relet shall be as follows: (1) In addition to Lessee's liability to Lessor for breach of this Lease, Lessee shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the difference between the rent received by Lessor under the new Lease and the Rent installments that were due for the same period under this Lease. (2) Lessor, at its option, shall have the right to apply the rent received from reletting the premises (a) to reduce Lessee's indebtedness to Lessor under this Lease, not including indebtedness for Rent, (b) to expenses of the reletting and alterations and repairs made, (c) to Rent due under this Lease, or (d) to payment of future Rent under this Lease as it becomes due. If the new Lessee does not pay a Rent installment promptly to Lessor, and the Rent installment has been credited in advance of payment to the indebtedness of Lessee other than Rent, or if rentals from the new Lessee have been otherwise applied by Lessor as provided for in this section, and during any Rent installment period, are less than the Rent payable for the corresponding installment period under this Lease, Lessee shall pay Lessor the deficiency, separately for each rent installment deficiency period, and before the end of that period. Lessor may, at any time after such reletting, terminate this Lease for the breach on which Lessor based the reentry and relet the Premises. After reentry, Lessor may procure the appointment of a receiver to take possession and collect rents and profits of the business of Lessee. If necessary to collect the rents and profits, the receiver may carry on the business of Lessee and take possession of the personal property used in the business of Lessee, including inventory, trade fixtures, and furnishings and use them in the business without compensating Lessee. Proceedings for appointment of a receiver by Lessor, or the appointment of a receiver and the conduct of the business of Lessee by the receiver, shall not terminate this Lease unless Lessor has given written notice of termination to Lessee as provided in this Lease. SECTION TWENTY ATTORNEY AND BROKER FEES In the event of any litigation or arbitration arising out of this Lease, including without limitation appellate proceedings and hearing and matters, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. SECTION TWENTY-ONE CONDEMNATION Eminent domain proceedings resulting in the condemnation (or a deed in lieu thereof) of a part of the 100297672.2 306-90018211 1 1 Page 41 of 436 Premises, but leaving the remaining premises usable by Lessee for the purposes of its business, will not terminate this Lease unless Lessor, at its option, terminates this Lease by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate this Lease as to the portion of the Premises condemned, and the lease of the remainder of the Premises shall remain intact. The Fixed Rent for the remainder of the lease term shall be reduced by the amount that the usefulness of the Premises has been reduced for the business purposes of Lessee. Lessee assigns and transfers to Lessor any claim it may have to compensation for damages as a result of any condemnation. Lessee shall have no claim upon any award or damages awarded to Lessor by virtue of any condemnation or deed in lieu thereof. SECTION TWENTY-TWO WAIVERS Waiver by Lessor of any breach of any covenant or duty of Lessee under this lease is not a waiver of a breach of any other covenant or duty of Lessee, or of any subsequent breach of the same covenant or duty. SECTION TWENTY-THREE GOVERNING LAW It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Florida SECTION TWENTY-FOUR ENTIRE AGREEMENT This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation or any oral agreement of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease or by separate written instrument executed by both parties or their authorized representatives. SECTION TWENTY-FIVE MODIFICATION OF AGREEMENT Any modification of this Lease or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. SECTION TWENTY-SIX NOTICES All notices, demands, or other writings that this Lease requires to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: 100297672.2 306-90018211 12 Page 42 of 436 To Lessor: YACHTSMAN PROPERTIES, LLC 80 Business Park Drive, Suite 103 Armonk, NY To Lessee: City of Boynton Beach PO Box 310 Boynton Beach, Florida 33426 Attn: Assistant Chief Joe DeGiulio With Copy to: James A. Cherof, Esq. Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commerical Boulevard, Suite 200 Fort Lauderdale, FL 33308 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWENTY-SEVEN BINDING EFFECT This Lease shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. SECTION TWENTY-EIGHT TIME OF THE ESSENCE It is specifically declared and agreed that time is of the essence of this Lease and each and every provision hereof. SECTION TWENTY-NINE PARAGRAPH HEADINGS The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. SECTION THIRTY OPTION TO EXTEND Provided Lessee has not been in default of this Lease beyond any notice and cure periods at any time prior to its exercise, Lessee may exercise its option to extend the term of this Lease for one (1) additional term 100297672.2 306-90018211 13 Page 43 of 436 (the "Extension Term") of TWO (2) years. Lessee must exercise such option, if at all, by written notice delivered to Lessor no later than six (6) months prior to the Termination Date (time being of the essence). All of the terms of the Lease shall remain in effect, except that the Fixed Rent during the first year of the Extension Term shall be "Fair Market Rent". The term "Fair Market Rent" shall mean the monthly amount per square foot that a willing landlord would accept and a willing retail tenant would pay, at arms-length, for a comparable commercial building located in the vicinity of the Shopping Center for a use similar to that of Lessee at the time of such negotiation. In the event that the parties cannot agree on the Fair Market Rent for such Extension Term before the Termination Date, Lessor and Lessee jointly shall select an independent third party appraiser reasonably acceptable to both parties. The cost of the third party appraisal shall be shared by the parties. If Lessor and Lessee cannot agree upon an independent third party appraiser, then either party may request a court of competent jurisdiction to appoint such an appraiser. The decision of the appraiser shall be binding upon Lessor and Lessee. SECTION THIRTY-ONE RELOCATION Notwithstanding any other provision in this Lease, Lessor in its sole discretion shall have the option at any time to relocate Lessee from the Leased Premises (the "Present Premises") into other premises in the Shopping Center(the "New Premises"). Lessor shall give Lessee at least forty-five(45) days notice of the approximate date Lessee is to move to the New Premises. Lessor shall prepare the New Premises to the same extent that Lessor prepared the Present Premises. The New Premises will have at least the same amount of square foot area as the Present Premises. Lessor shall pay for moving Lessee's inventory, fixtures, equipment and storefront sign to the New Premises. The New Premises will become the Leased Premises (instead of the Present Premises) and the Rent (including all of Lessee's other monetary obligations to Lessor under the Lease) and all the other terms and provisions of this Lease shall be transferred to and continue to apply, without interruption, to the New Premises from and after the date Lessee is required to move pursuant to this Section. SECTION THIRTY-TWO SECTION INTENTIONALLY LEFT BLANK. Signature Page Attached 100297672.2 306-90018211 14 Page 44 of 436 IN WITNESS WHEREOF, the respective parties have signed, sealed an elivered this Lease on the date and year written below. LESSOR: YACHTSM NS PROPERTIES, LLC, a Delaw r it li ili ompany WITNES By: I WITNES�/W I e 1471 h 0 �7 V Dated 7/6/19 CITY OF BOYNTON BEACH By: MAYOR, STEVEN B. GRANT ATTEST: Approved as to Form: City Attorney 100297672.2 306-90018211 15 Page 45 of 436 EXHIBIT A SITE PLAN 1550 N Federal Highway, Boynton Beach, Florida ........ ........................................ B u-j YE rn } W i C'v �4. e i r ............... ..... ...................................................... . ............. X........ ......................................... ..., F � :::..::::. �b �.: :..: ........ 100297672.2 306-90018211 16 Page 46 of 436 EXHIBIT B LESSEE'S WORK Lessee will take the unit"AS-IS WHERE IS" except for the following work to be performed by Lessor: LESSOR'S WORK Lessor's shall provide a "Vanilla Shell" to Lessee which shall include the following: 1) Electrical and Lighting - to code as provided by the City of Boynton Beach. 2) Plumbing—to code as provided by the City of Boynton Beach. 3) HVAC —deliver air conditioning in good working order. 4) Celing-to be delivered as an"industrial style - open" ceiling with exposed ductwork and lighting. 5) Floor— Commercial carpeting similar to the type located in 1550 N Federal, Unit 11. 6) Restroom- ADA compliant with new fixtures where applicable. 7) 1 office as provided for in attached plans. 100297672.2 306-90018211 17 Page 47 of 436 EXHIBIT C EXCLUSIVE AND PROHIBITED USES 1. Adult book stores, adult theatre, or adult amusement facility. 2. INTENTIONALLY OMITTED 3. Automobile and light truck new sales or rental. 4. Automobile service and self-service gas stations. 5. Automobile/motorcycle repair shops. 6. Automobile storage. 7. Bath and massage parlors. 8. Billiard rooms, bowling alleys, skating or roller rinks and poolrooms. 9. Any industrial or mining use. 10. Dry cleaners with on-site cleaning plant. 11. Office use (except incidental to a retail use permitted hereunder). 12. Medical observatory dormitories or any other sleeping quarters or lodging. 13. Mortuaries or funeral homes. 14. Natatoriums. 15. Open-air theaters. 16. Propagating and growing plants for sale. 17. Pubs, bars, nightclubs or discos. 18. Self-service storage facilities. 19. Skating rinks 20. Truck rentals. 21. The retail sale of new cellular phones and cellular phone plans. 21. Any other use not allowed under this Lease, prohibited bylaw or for which Lessor has granted another occupant an exclusive use right. 100297672.2 306-90018211 18 Page 48 of 436 EXHIBIT D SIGNAGE r t JIM AF A7,ADR " �m r r ttr A` i rrf .F t V1, i,MMUMB Lfe— , r,. Y116 f .:.... ......... ......... ....... 4I 1x7,01M h8A 1417 uUi^ 1 H t AI?r IM 1 W I�r Pt�Q LF�it4r Mut, 'I .�� WL Lll i t ai.urbas,E roL Ik1I-3 q, fk .4§'r1-'V,'d "I AIN kJA4, mown �Md H�BOV liked M ru @T.. �C'W,.O,oriky 'I r4cmES. O tU m It Lrt`ONIT �SWC, ".,� � _. _ _ k W4tldt LptW"�,- taacla;i IZ fit. L`1;`I4 IJ 4 E�,H>k.I.b '4'CJi;rttrd k EI E?i._ t -. 12 Y us d0 KU AA OLUI M g r 6 01 MtN NIPIA III PI w ,� Letter Detail: IM,,9.0 - i 100297672.2 306-90018211 19 Page 49 of 436 EXHIBIT D—Continued MONUMENT SIGNAGE OCEAN L I f� 1011='ww I:I�1k6�.'ft� 1 8�x:rs»7 t� a s3au e��:nae,4V VIQmwl.�r�v�w l I.u= 3I. 1 2CPL A13 11,1UMYNAT'40 DOW011%fAD MORUIRM'SIGN _ M a ------------- m ,"I ee w,11 I akst i4"'.r+ " II * It is expected that Lessee will have at least one (1) space on the monument. 100297672.2 306-90018211 GO Page 50 of 436 6.C. CONSENTAGENDA 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-081 -Approve the ranking as recommended by the Selection Committee and authorize the City Manager to sign agreements with the four (4) top ranked proposers: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Gianetti Contracting Corporation; and Florida Design Drilling Corporation in order to establish a pre-qualified list of vendors in accordance with Request for Qualifications (RFQ) No. 028-2821-19/MFD "Pre-Qualification of Contractors for Minor Utility Construction Services" for utility projects up to $300,000, individual projects not exceeding $75,000 will be awarded by the City Manager and projects exceeding $75,000 will be brought back to commission for award. EXPLANATION OF REQUEST: On May 21, 2019, the City opened a total of eleven (11) submittals for RFQ No. 028-2821-19/MFD "Pre- Qualification of Contractors for Minor Utility Construction Services" with the intent of establishing a pre- qualified list of vendors to perform minor utility-related projects costing less than $300,000 (three hundred thousand dollars). The Selection Committee consisted of Andrew Mack, Director of Public Works& Engineering; Tremaine Johnson, Utilities Field Operations Manager; and Chris Roschek, Utilities Engineering Division Manager. After independently reviewing and scoring each proposal in accordance with the evaluation criteria contained in the RFQ, a publicly noticed meeting was held on July 12, 2019, and the Committee revealed its scores. The Final Ranking is as follows: 1. Johnson-Davis, Inc. of Lantana, FL 2. Centerline Utilities, Inc. of Palm City, FL 3. Gianetti Contracting Corporation of Pompano Beach, FL 4. Florida Design Drilling Corporation of West Palm Beach, FL 5. Lanzo Construction of Deerfield Beach, FL 6. TLC Diversified of Palmetto, FL 7. Murphy Pipeline of Jacksonville, FL 8. RP Utility of Hialeah, FL 9. Hinterland Group of Riviera Beach, FL 10. DP Development of Palm Springs, FL 11. Ferreira Construction of Hobe Sound, FL A submittal from B&B Underground Construction, Inc. was deemed non-responsive and was not scored by the Committee. It is the intent of the City to solicit the collective pre-qualified contractors for competitive offers for minor construction services. Work may be assigned without competition in emergency situations, or in special circumstances when a contractor has previous specific knowledge or is already mobilized to a project. Individual projects that exceed $75,000 will be brought back to Commission for consideration of award. The initial term of the contracts will be one (1) year with the option for four (4) additional one-year terms, contingent upon satisfactory vendor performance, mutual agreement, and determination that the renewals are Page 51 of 436 in the City's best interest. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By pre-qualifying contractors to perform the specified work, the City may be assured that experienced utility contractors will complete the work as bid. FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval. Individual projects $75,000 and under will be awarded by the City Manager or designee. I ndividual projects$75,001 and over will be brought to City Commission for consideration of award. ALTERNATIVES: Not approve the rankings; re-rank and approve the Commission's ranking; request oral presentations to the Commission then rank; or not award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving pre-qualified Minor Utility Construction Contractors D Addendum Agreement with Johnson-Davis D Addendum Agreement with Centerline D Addendum Agreement with Gianetti Contracting D Addendum Agreement with Florida Design Drilling D Addendum Tabulation of Responses D Addendum Final Ranking D Addendum Notice of Intent to Award Page 52 of 436 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVE THE RANKING AS RECOMMENDED BY 5 THE SELECTION COMMITTEE AND AUTHORIZE THE CITY 6 MANAGER TO SIGN AGREEMENTS WITH THE FOUR (4) TOP 7 RANKED PROPOSERS TO ESTABLISH A PRE-QUALIFIED LIST 8 OF VENDORS IN RESPONSE TO RFQ NO. 028-2821-19/MFD 9 "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR 10 UTILITY CONSTRUCTION SERVICES" FOR UTILITY 11 PROJECTS UP TO $300,000; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, on May 21, 2019, the City opened a total of eleven (11) submittals for 16 RFQ No. 028-2821-19/MFD"Pre-Qualification of Contractors for Minor Utility Construction 17 Services" with the intent of establishing a pre-qualified list of vendors to perform minor 18 utility-related projects costing less than $300,000; and 19 WHEREAS, individual projects not exceeding $75,000 will be awarded by the City 20 Manager and projects exceeding $75,000 will be brought back to the City Commission 21 for award; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff,hereby deems it to be in the best interests of the citizens and residents 24 of the City of Boynton Beach, to approve and authorize the City Manager to sign agreements 25 with the four(4)top ranked proposers: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Gianetti 26 Contracting Corporation; and Florida Design Drilling Corporation to establish a pre-qualified 27 list of vendors in response to RFQ No. 028-2821-19/MFD "Pre-Qualification of Contractors 28 for Minor Utility Construction Services" for utility projects up to $300,000. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Minor Utility Construction Services -Reso.Docx Page 53 of 436 31 Section 1. The foregoing"Whereas" clauses are hereby ratified and confirmed as being 32 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 33 Section 2. The City Commission of the City of Boynton Beach, Florida does 34 hereby approve and authorize the City Manager to sign agreements with the four (4) top 35 ranked proposers: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Gianetti Contracting 36 Corporation; and Florida Design Drilling Corporation to establish a pre-qualified list of 37 vendors in response to RFQ No. 028-2821-19/MFD "Pre-Qualification of Contractors for 38 Minor Utility Construction Services" for utility projects up to $300,000. 39 Section 3. This Resolution shall become effective immediately upon passage. 40 41 PASSED AND ADOPTED this day of , 2018. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Justin Katz 48 49 Commissioner—Mack McCray 50 51 Commissioner—Christina L. Romelus 52 53 Commissioner—Ty Penserga 54 55 VOTE 56 ATTEST: 57 58 59 60 Queenester Nieves 61 Deputy City Clerk 62 63 64 (Corporate Seal) 65 S:\CA\RESO\Agreements\Minor Utility Construction Services -Reso.Docx Page 54 of 436 ■ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and JOHNSON - DAVIS, INC., hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/MFD. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1)year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4)additional,one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1 Page 55 of 436 b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3)years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty(30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2 Page 56 of 436 deductible per claim not to exceed ten percent(10%)of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3 Page 57 of 436 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Scott J. Johnson, President Johnson-Davis, Inc. 604 Hillbrath Drive Lantana, FL 33462 Contact#: 561-588-1170 Email: s ohnson ohnsondavis.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a 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 RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4 Page 58 of 436 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 PYLE)@BBFL.US 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5 Page 59 of 436 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6 Page 60 of 436 ■ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as"the City", and CENTERLINE UTILITIES, INC., hereinafter referred to as"CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/MFD. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1)year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4)additional,one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1 Page 61 of 436 b.The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3)years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty(30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent(10%)of the limit of liability. Consultant shall Page 62 of 436 RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2 notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3 Page 63 of 436 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Randy Stringer, Vice President Centerline Utilities, Inc. 2180 SW Poma Drive Palm City, FL 34990 Contact#: 561-689-3917 Email: neil@centerlineinc.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 64 of 436 RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4 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 PYLE)@BBFL.US 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5 Page 65 of 436 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 66 of 436 RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6 ■ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and GIANNETTI CONTRACTING CORPORATION, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/MFD. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1)year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4)additional,one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1 Page 67 of 436 modification of the Agreement signed by the City Manager or designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty(30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2 Page 68 of 436 deductible per claim not to exceed ten percent(10%)of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that t h e CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3 Page 69 of 436 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Richard Gibbs III, President & Treasurer Giannetti Contracting Corporation 1801 NW 18th Street -Pompano Beach, FL 33069 Contact#: 954-972-8104 Email: rich ie iannetticor .com; bob iannetticor .com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a 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. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4 Page 70 of 436 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 PYLE)@BBFL.US 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5 Page 71 of 436 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6 Page 72 of 436 ■ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and FLORIDA DESIGN DRILLING CORPORATION, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/MFD. 2. SCOPE OF SERVICES/PROCESS. This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three (3) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1)year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4)additional,one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 5. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 1 Page 73 of 436 modification of the Agreement signed by the City Manager or designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty(30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 2 Page 74 of 436 occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent(10%)of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 3 Page 75 of 436 the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Jeffery Holst, Senior Vice President Florida Design Drilling Corporation 7733 Hooper Road West Palm Beach, FL 33411 Contact#: 561-844-2966 -Email:Jeff@fldrilling.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a 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 RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 4 Page 76 of 436 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 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 5 Page 77 of 436 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager CONTRACTOR Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary RFQ 028-2821-19/MFD—Pre-Qual of Contractors for Util Minor Construction Services 6 Page 78 of 436 S q � 0 m \ ¢ 2 n w z w - \ 1. ( \ ~ 0 ~ / \ \� , \ cl\ L © « \ E : ~ ~Ir \ � } § oo : `o ) § - \ Z E - 722 - ( \ /\ \ \ § \ ) () k _ \ o ( « LL « � \ ) \ \) / § \ o ) ! 4 { ! + E A 0 < § §\\}I § cl C.) , cl= a § \\ /\ g± / \ Icl B ( (z § ( - k 67$ Q } \ \ j « - \ §y g) !/ ® _ « { S ) / � - §w ±e \ ( }K j§& m : ) \ g G ± \ !» ±5 \7 § \ Ne z k !) !§ ») / \3cl § j LU k \ \ ) \ \ \w \) \\ - 2 CL [ 0 \ [ 0 * Co. z} \ § \\ \\ \ \W Ir \ \\ PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES "Offers from the vendors listed herein are the only offers RFP DUE DATE:May 21,2019 received timely as ofthe above receiving date and time. RFP DUE TIME:3:00 PM All other offers submitted in response to this solicitation, RFP No.: 028-2821-19/MFD 'f any,a.herebyrejected as late" VENDORS Business Name:Ferreira Construction Southern Business Name:Florida Design Drilling Business Name:Giannetti Contracting Address:13000 SE Flom Avenue Address:7733 Hooper Road Address:1801 NW 18th St. Hobe Sound,FL.33455 West Palm Beach,FL.33411 Pompano Beach,FL.33069 Tel:(772)286-5123 Tel:(561)844-2966 Tel:(954)972-8104 Email:ciabaftari femeimconstmction.com Email:eff gdrillin.com Email:dchie ianneftico .cam 1 ORIGINAL AND FOUR 4 COPIES YES YES YES ONE 1 ELECTRONIC COPY YES YES YES FIVE 5 TAB SECTIONS SUBMITTED YES YES YES PROPOSER ACKNOWLEDGEMENT YES YES YES ADDENDUM YES YES YES STATEMENT OF QUALIFICATIONS YES YES YES ANTI-KICKBACK AFFIDAVIT YES YES YES NON COLLUSION AFFIDAVIT YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS STATEMENT SUBMITTED YES/NOTA MINORITY OWNED BUSINESS YES/NOTA MINORITY OWNED BUSINESS YES/NOTA MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES ACKNOWLEDGEMENT OF PBC INSPECTOR GENERAL SUBMITTED YES YES YES SCHEDULE OF SUB-CONSULTANTS YES YES YES LOCAL BUSINESS STATUS CERTIFICATION YES/NOT A LOCAL BUSINESS YES/NOT A LOCAL BUSINESS YES/NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES FORM YES YES YES COMMENTS: Opened and tabulated by:Michael Dauta 5-21-19 Witnessed by:Enc Manner Page 80 of 436 PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES 'Offers from the vendors listed herein ere the only offers RFP DUE DATE:May 21,2019 receNed emery.,.frh. b.�e rec.Nm9 I-.edb— RFPDUE TIME:3:00PM Allbur.,offers s.b-t.d..,p....to the-h— RFP No. oma....RFPNo.: 028-2821-19/MFD if.ny...h...byrq-t.d.s.re' VENDORS Business Name:Hinterland Group Business Name:Johnson-Davis Business Name:Lanzo Construction Address:2051 W Blue Heron Blvd Address:604 Hillbrath Drive Address:125 SE 5th Court Riviera Beach,FL.33404 Lantana,FL.33462 Deerfield Beach,FL.33441 Tel:(561)640-3503 Tel:(561)588-1170 Tel:(954)979-0802 Email:info@hinterlandgroup.com Email:ccryer@johnsondavis.com Email:estimating@lanzo.org (1)ORIGINAL AND FOUR(4)COPIES YES YES YES ONE 1 ELECTRONIC COPY YES YES YES FIVE 5 TAB SECTIONS SUBMITTED YES YES YES PROPOSER ACKNOWLEDGEMENT YES YES YES ADDENDUM YES YES YES STATEMENT OF QUALIFICATIONS YES YES YES/NOT SIGNED ANTI-KICKBACK AFF I DAVIT YES YES YES NON COLLUSION AFFIDAVIT YES YES YES/NOT STAMPED CONFIRMATION OF MINORITY OWNED BUSINESS STATEMENT SUBMITTED YES/NOT A MINORITY OWNED BUSINESS YES/NOT A MINORITY OWNED BUSINESS YES/NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES ACKNOWLEDGEMENT OF PBC INSPECTOR GENERAL SUBMITTED YES YES YES SCHEDULE OF SUB-CONSULTANTS YES YES YES LOCAL BUSINESS STATUS CERTIFICATION YES/NOT A LOCAL BUSINESS YES/NOT A LOCAL BUSINESS YES/NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES FORM YES YES YES COMMENTS: Opened and tabulated by:Michael Dauta 5-21-19 Witnessed by:Eric Marmer Page 81 of 436 PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES "Offers from the vendors listed herein are the only offers RFP DUE DATE:May 21,2019 received timely as ofthe above receiving date and time. RFP DUE TIME:3:00 PM All other offers submitted in response to this solicitation, RFP No.: 028-2821-19/MFD 'f any,a.herebyrejected as late" VENDORS Business Name:Murphy Pipeline Contractors Business Name:R.P.Utility&Excavation Business Name:TLC Diversified Address:1876 Evedee Rd Address:17680 NW 78th Avenue Address:2719 17th Street East Jacksonville,FL.32216 Suite 101 Palmetto,FL.34221 Hialeah,FL.33015 Tel:(904)764-6887 Tel:(786)577-6666 Tel:(941)722-0621 Email:to loan u h elines.com Email:estimatinq@rpucorp.com Email:tlambemon ticdiv.com 1 ORIGINAL AND FOUR 4 COPIES YES YES YES ONE 1 ELECTRONIC COPY YES YES YES FIVE 5 TAB SECTIONS SUBMITTED YES YES YES PROPOSER ACKNOWLEDGEMENT YES YES YES ADDENDUM YES YES ADDEN DUM1&2 SUBMITTED/NOT 3/3 DEEMED NOT PERTINENT STATEMENT OF QUALIFICATIONS YES/NOT SIGNED YES YES ANTI-KICKBACK AFFIDAVIT YES YES YES NON COLLUSION AFFIDAVIT YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS STATEMENT SUBMITTED YES/NOT A MINORITY OWNED BUSINESS YES/HISPANIC OWNED BUSINESS YES/NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES ACKNOWLEDGEMENT OF PBC INSPECTOR GENERAL SUBMITTED YES YES YES SCHEDULE OF SUB-CONSULTANTS YES YES YES LOCAL BUSINESS STATUS CERTIFICATION YES/NOT A LOCAL BUSINESS YES/NOT A LOCAL BUSINESS YES/NOT A LOCAL BUSINESS SCRUTINIZED COMPANIES FORM YES YES YES COMMENTS: Opened and tabulated by:Michael Dauta 5-21-19 Witnessed by:Enc Manner Page 82 of 436 LO O � to N O to V of of to O O 1n.. V ` _ ` w ` M M of J N O J Ul O M JN O N J N H N U H N U H N U H N > fA > fA > fA > p p p p r� r� n o r° r� N O Lo ch c) m o (D wo m o OO O N V t) V a a a a ID K K K K T O O N O O to to ch O to co co to O 1n co >,d N M O >�d M co I� T d t C d t C d V � t C d 'Z 0 - U U U (L a a a m O O O to O co O O N O (h O M M to O d)::: O to V V of - - M O U d O U d O U d N O V O N N N N O C C O C C O C C J C fA J C co J C fA J C U U U o m to o O V o to V V to o M to ct1J v v m c v ch m c v v rn o c °C7 ON d O N d O N d N O N U C'R C`Ot C'> o C'> o C'R N V NMO CO O to O (D C O N O C O to O (D N C O�`M) N d d N d d N N d cnCO J J J J C/� N D U N D U N D U N D U �W 15_C7 fA c_a u) c_a u) c_a J� of of to O (O (O M O to (O to to O (O N:: M O p� M mC C � C N � C LL d d d w 45 c R O c R O c R O c R c U c o c U c N R c fA R c fA R c fA R c is U U U o m r`Oi r`Oi `O O ch `o o cn v v cn o LO v m 16 c d m c rn pp (�O 16 c d C7% 16 c N O ry- V O O ry- V O ry- U E: u) LLpp LLpp LLpp - T C {A O to O O O to N O to O M M Lo O O CO N V d d o C C O o V V IL o IL o IL o IL o in Ln U U U U 2 z OJ OJ C7 o O O O N o I� (7 (7 to o 1� O D O C N N to C M M I� C M M O C H E d E d E d E � V ao. a o. a o. o p O U p O U p O U p O .0 p� w u) w u) w u) w E z ON V V Lo O d) N co � O c N � o Lo O LO N N E d _ d _ d N N _ `w O `w O `w O `w Y U O r r ro Q LL C C C C W o�c a. v v u� u� o a. v v Le) Le) o a° m O Z V o Y o O H F R LL L LL L LL N F- z 7 2 W Z W O Z W O Z O o p d Oy z Oy z a' Oy z c IL O LL a Q QU Q R Q QV Q y Q QU Q ami 0 `o O � � Q v vW �a E v UW � r v UW �a _ E co LL LL O N T m J W LL y F m J W LL y V m J W 0 u) R O O O Z U co N = 7 W W Z Q j W W W Z Q j W W W W r N m +. pQ ao a O� Lau LOU y y a O� F� z y y a cr� FP w j F w � o 3 F U o " Q ZZ �U Wa' 0=0 z ¢ ZZ �U 0=0 z ¢ ZZ co L) 00 Z a m Q Z W Q d' W J O Q d' W J O 9 Q d' W J O E E U U O U O W p 0 w Q a p W p 0 W Q a p W 02 w Q a V m n LL_ U > LL Zz as � O ¢ LL zz ¢a � UO ¢ LL zz ¢a � O Q o O J W W W J F LL W J F LL W J F ++ Q W d O ¢ >2 W O d O ¢ >2 W O d O ¢ >2 w O w` o ++ 7 O E W LU Qa z F E W W Qa z F E W W Qa z F 0 E CY Z d m ax w d m ax w d m ax w o E a' 0 O Z 111 Q a W a Q a m W a Q a W a� a z z z a U LL o v� z L) x v� z L) x v� z L) x z 0 C D E U w O w E w O W E w O w �m W LL F E V ¢ E ¢ E ¢ xs y 7 J Cl) U a 0 a 0 a m y a Q z O Q r N M O Q r N M O Q r N M Qj w 0 0U a ai a all z° The City of Boynton Beach \ PROCUREMENT SERVICES 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33435 P.O.Box 310 Boynton Beach,Florida 33425-0310 ` s - 561-742-6310 Fax: (561) 742-6316 NOTICE OF INTENT TO AWARD SOLICITATION NO. RFQ NO.028-2821-19/MFD SOLICITATION TITLE: PRE-QUALIFICATION FOR CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES DATE OF NOTICE: JULY 16,2019 At the Selection Committee meeting held on July 12, 2019, the Selection Committee for the above referenced solicitation scored and ranked the firms as follows: RANKING: 1. JOHNSON-DAVIS,INC. 2. CENTERLINE UTILITIES,INC. 3. GIANNETTI CONTRACTING CORPORATION 4. FLORIDA DESIGN DRILLING CORPORATION 5. LANZO CONTRUCTION 6. TLC DIVERSIFIED 7. MURPHY PIPELINE 8. RP UTILITY 9. HINTERLAND GROUP 10. DP DEVELOPMENT 11. FERREIRA CONSTRUCTION The Selection Committee agreed by consensus to recommend award to the four(4)highest ranked firms: JOHNSON-DAVIS, INC., CENTERLINE UTILITIES, INC., GIANNETTI CONTRACTING CORPORATION and FLORIDA DESIGN DRILLING CORPORATION This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize the City manager to sign agreements with the four (4) highest ranked firms listed above. This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFQ documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: ichael Dauta,CPPB Manager of Materials and Distribution Finance/Materials and Distribution America's Gateway to the Gulfstream Page 84 of 436 6.D. CONSENTAGENDA 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19- 082-Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's One Year Action Plan for FY2019-2020. The anticipated Community Development Block Grant allocation is$529,565. EXPLANATION OF REQUEST: The City of Boynton Beach is in its twenty third year as an entitlement community for receiving Federal Grant funds. The Consolidated/One Year Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the community. Entitlement community status, as determined by the Secretary of the Department of Housing and Urban Development, is one "whereby a Metropolitan City is guaranteed, as determined by formula set forth by the Housing and Community Development Act of 1974, certain sums of money to assist states, counties, cities, and towns in devising innovative approaches to improve the physical, economic, and social conditions in low-income areas" City activities that are taken on by a municipality must meet three (3) national objectives: 1. Benefit low and moderate-income persons 2. Address slum and blight 3. Meet a particular urgent community development need The following is a list of types of eligible activities: • Property acquisition and disposition • Clearance and demolition • Interim assistance to arrest severe deterioration or alleviate emergency conditions — e.g., hurricane, earthquakes, flooding • Completion of urban renewal projects • Relocation assistance • Loss of rental income (related to relocations) • Code Enforcement • Construction of New Housing • Housing Rehabilitation • Public Facilities and Improvements • Removal of Architectural Barriers • Homeownership assistance (e.g., down payment assistance, interest subsidies) • Technical assistance to public or non-profit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities • Lead-based paint testing and abatement Public Facilities and Improvements • Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer lines, streets Page 85 of 436 and sidewalks) • Acquisition, construction or rehab of neighborhood facilities and facilities for persons with special needs (e.g., homeless shelters, group homes and halfway houses) Public Services The total amount of CDBG funds obligated for public services activities must not exceed fifteen percent(15%) of the annual allocation, and may not be used to replace local or state monies to fund essential services typically offered by the local government. It includes the following: • Education Programs • Health care and substance abuse services • Child care • Crime prevention and Public Safety • Fair housing counseling(Can also be categorized under Planning and Administration) • Substance abuse services • Services for senior citizens • Services for homeless persons • Recreational services Planning and Administration of the Program The total amount of CDBG funds that may be obligated for planning and administration of the program must not exceed twenty percent(20%) of the annual allocation. It includes the following: • General management, oversight and coordination • Public information • Fair Housing activities • Indirect costs • Submission of applications for Federal programs Proposals were received as a result of public advertisement and letters sent out to various churches in the community, with a workshop held for the purpose of explaining the program, eligibility requirements, and public input. Using both City staff and representatives of the community, the following represents the committee members who reviewed the applications: Kathleen Perry Retired PBC Administrator Hanna Matras City of Boynton Beach Senior Planner David Scott City of Boynton Beach Economic Development Director HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Community Development Block Grant Program's purpose is to assist the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of activities. The agencies that are being funded will offer domestic violence training, housing development, legal aid and fair housing education, and, various other forms of assistance that are considered public service. Aid to Victims of Domestic Abuse, Inc. (Public Service) —To provide funding for one-half of the salary and benefits of an I ntervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools designed to prevent domestic violence with a program that produces positive, measureable results, and will provide individual and group counseling to children as needed. Funding Request$20,000 Committee Recommendation $8,434 Boynton Beach Faith-Based Community Development Corporation —The Boynton Beach Faith- Based CDC is a state recognized Community Housing Development Organization (CHODO). The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing programs, as well as other ongoing community development Page 86 of 436 initiatives. They are also a Community Based Development Organization (CBDO), which offers the City more flexibility in achieving its Community Development Objectives. Funding Request$121,921 Committee Recommendation $60,000 Community Caring Center of Boynton Beach (Public Service)—The agency requests funding to provide for staffing costs and other administrative cost related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage, rent, and utility payment assistance, food and food vouchers, medication purchase assistance, and direct emergency social services to seniors, to name just a few of their numerous programs. Funding Request$65,000 Committee Recommendation $45,000 Pathways to Prosperity (Public Service) -Agency provides education in financial budgeting, job skills and self-motivation. It is committed to ending poverty in the community by teaching low- income families to become economically stable. Funds will be used to support counseling. Funding Request$20,000 Committee Recommendation $21,000 Legal Aid Society of PBC (Public Service- Fair housing education and outreach to citizens of Boynton Beach, to include fair housing enforcement activities citywide to ensure that local housing practices comply with Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local fair housing ordinances. Funding Request$6,000 Committee Recommendation $5,000 Summary: Sub-grantee funding....................................................................$139,434 Planning & Grant Administration.................................................$105,913 Housing Rehabilitation................................................. $200,000 Housing Rehabilitation Delivery........................................... .......$84,218 TOTAL........................................................................................$529,565 FISCAL IMPACT: Non-budgeted Non-budgeted The City of Boynton Beach's CDBG allocation for FY 2019/2020 is $529,565 to leverage with other funds in its attempt to address slum and blight. 20% or$105,913 will be expended to Administer the program. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? Yes Grant Amount: 529,565 Page 87 of 436 ATTACHMENTS: Type Description D Resolution Resolution appro\Ang CD BG One Year action plan 2019-2020 D Grant Application CDBG Application & Certifications Page 88 of 436 I RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S 5 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 6 FOR FUNDING; AUTHORIZING THE CITY MANAGER TO SIGN 7 THE APPLICATION, AND THE ACTIVITIES SUBMITTED IN 8 THE CITY OF BOYNTON BEACH'S ONE YEAR ACTION PLAN 9 FOR FY 2019/2020; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach is in its twenty-third year as an entitlement 13 community for receiving Federal Grant Funds; and 14 WHEREAS, the Consolidated/One Year Action Plan is being developed with 15 activities that show how the use of these funds will address the needs of the Community; and 16 WHEREAS, approval of the One Year Action Plan will fund services to the community 17 that are eligible under the CDBG program and provided to our community by various 18 organizations. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 25 approve the adoption of the City of Boynton Beach's Community Development Block Grant 26 (CDBG) One Year Action Plan for fiscal year 2019/20. 27 Section 3. The City Manager is authorized to sign the application. 28 Section 4. This Resolution will become effective immediately upon passage. 29 S:ACA\RESO\CDBG One Year Action Plan 2019-20-Reso.docx 1 Page 89 of 436 30 PASSED AND ADOPTED this day of , 2019. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor—Justin Katz 39 40 Commissioner—Mack McCray 41 42 Commissioner—Christina L. Romelus 43 44 Commissioner—Ty Penserga 45 46 47 VOTE 48 49 ATTEST: 50 51 52 53 Queenester Nieves 54 Deputy City Clerk 55 56 57 58 (Corporate Seal) 59 S:ACA\RESO\CDBG One Year Action Plan 2019-20-Reso.docx 2 Page 90 of 436 OMB Number:4040-0004 Expiration Date:12/31/2019 Application for Federal Assistance SF-424 1.Type of Submission: 2.Type of Application: If Revision,select appropriate letter(s): r El Preapplication New Application Z Continuation Other(Specify): Ej Changed/corrected Application []Revision 3.Date Received: 4.Applicant Identifier: 08/15/2019 FL120264 5a.Federal Entity Identifier: 5b.Federal Award Identifier: B19-MC-12-0043 State Use Only: =7.6.Date Received by State:E State Application Identifier: L 8.APPLICANT INFORMATION: a.Legal Name: City of Boynton Beach Florida b.Employer/Taxpayer Identification Number( IN/TIN): c.Organizational DUNS: 59-6000282 d.Address: •Streetl: 3301 Quantum Blvd. Suite 101 Street2: •City: Boynton Beach, Fl County/Parish: •State: FL: Florida Province: •Country: USA: UNITED STATES •Zip/Postal Code: 133426-0310 e.Organizational Unit: Department Name: Division Name: Development lCommunity Improvement f.Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs First Name: 10ctavia Middle Name: Last Name: I Sherrod" Suffix: E=== Title: Community Improvement Manager Organizational Affiliation: *Telephone Number: Fax Number: *Email: Page 91 of 436 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: EC- City or Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: Other(specify): 10.Name of Federal Agency: United States Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 14.218 CFDA Title: Entitlement Grant 12.Funding Opportunity Number: Title: 13.Competition Identification Number: IN/A Title: 14.Areas Affected by Project(Cities,Counties,States,etc.): .......... L ew�Attachment 15.Descriptive Title of Applicant's Project, fii is Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View Attachments Page 92 of 436 ------------------ Application for Federal Assistance SF-424 16.Congressional Districts Of: .a.Applicant E:::�= *b.Program/Project Attach an additional list of Program/Project Congressional Districts if needed. r-----------------------I -------------- Add Attachment [_Delete Attachment I Me,Attachment 17.Proposed Project: a.Start Date: b.End Date: 09/30/2020 18.Estimated Funding a.Federal 529,565.00 b.Applicant c.State 105,770.00 d.Local a.Other f. Program Income g.TOTAL 635,=335.00 9.Is Application Subject to Review-By State Under�i.ecutive Order�12�7Process. a.This application was made available to the State under the Executive Order 12372 Process for review on b.Program is subject to E.O. 12372 but has not been selected by the State for review. c.Program is not covered by E.O. 12372. 20.Is the Applicant Delinquent On Any Federal Debt? (if"Yes,"provide explanation in attachment.) 0 Yes Z No If"Yes",provide explanation and attach Add AttachmentDelete Attachment View Attachment 21.*By signing this application,I certify(1)to the statements contained in the list of certifications"and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances— and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) N **I AGREE **The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mrs. First Name: Lori Middle Name: I *Last Name: ILaVerriere Suffix: I Title: lCity Manager -------------------- *Telephone Number: 561/742-6010 Fax Number: E*Email: FaVerrierel@bbfl.us •Signature of Authorized Representative: Date Signed: ----------- ---------- Page 93 of 436 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02(28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. OFFICEPLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE AND BUDGET. SEND IT TO THE ADDRESS PROVIDEDY THE SPONSORING . NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further,certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R. 900,Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and,if appropriate,the State, Prevention Act(42 U.S.C.§§4801 et seq.)which the right to examine all records, books, papers,or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination.These include but are not limited to:(a) Title VI of the Civil Rights Act of 1964(P.L. 88-352) 3. Will not dispose of, modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin;(b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C.§§1681 from the awarding agency. Will record the Federal 1683, and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C.§§6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age;(e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255),as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse;(f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L.91-616), as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 6. Will initiate and complete the work within the applicable 3),as amended, relating to confidentiality of alcoholand drug abuse patient records;(h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),as 7. Will establish safeguards to prohibit employees from amended, relating to nondiscrimination in the sale, using their positions for a purpose that constitutes or rental or financing of housing;(i)any other nondiscrimination provisions in the specific statue(s) presents the appearance personal or organizational under which application for Federal assistance is being conflict of interest,or personal gain. made;and Q)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 Page 94 of 436 11, Will comply,or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g) 1970(P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(P.L. 93-523); and, (h)protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended(P.L.93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C.§§1271 et seq.)related to protecting §§1501-1508 and 7324-7328)which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act Act of 1966, as amended(16 U.S.C.§470), EO 11593 (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C. §§327- Historic Preservation Act of H and Archaeological i 333)regarding labor standards for federally-assisted 1974 the Archch U.S.C. al and et seq). construction subagreements. 14, Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133, (P.L.93-234)which requires recipients in a special flood "Audits of States, Local Governments,and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other 15. Will comply with environmental standards which may be Federal laws,executive orders, regulations,and policiesgoverning this program. prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(EO) 11514;(b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990;(d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3) Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C.§§1451 et seq.);(f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE city Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Boynton Beach Floida SF-424D(Rev.7-97)Back Page 95 of 436 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development Block Grant,HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date Title Page 96 of 436 Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e.,the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following --It is following a current consolidated plan that has been approved by HUD. Use of Funds --It has complied with the following criteria: 1.Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) [a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds,including Section 108 loan guaranteed funds,by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements(assisted in part with CDBG funds)financed from other revenue sources,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition,in the case of properties owned and occupied by moderate-income(not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force--It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Page 97 of 436 Compliance with Anti-discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)and the Fair Housing Act(42 U.S.C. 3601-3619)and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B,J,K and R. Compliance with Laws --It will comply with applicable laws. Signature of Authorized Official Date Title Page 98 of 436 OPTIONAL Community even eBlock rat Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature of Authorized Official Date Title Page 99 of 436 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying a tca ` This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Page 100 of 436 Projects City of Boynton Beach Community Development Block Grant FY 2019/2020 ACTIVITIES # ACTIVITY ADDRESS FUNDING I Planning and Administration 3301 Quantum Blvd,Suite 101 $105,913 2 Housing Rehabilitation CDBG Target Area &Citywide as $200,000 Needed 3 Housing Rehabilitation Delivery COSTS City Wide $84,218 4 Public Service Aid to Victims of Domestic Abuse P. 0. Box 6161, Delray Beach, FL $8,434 Community Caring Center 145 N.E.4 th Ave., Boynton Beach, FL $45,000 Legal Aid Society of Palm Beach County 423 Fern St.,West Palm Beach, FL $5,000 Pathways to Prosperity 900 N. Seacrest Blvd., Boynton $21,000 each, FL Total $79,434 5 Boynton each Faith Based Community 2191 N. Seacrest Blvd., Boynton Development Corporation Beach, FL $60,000 Housing and Community Development Organization TOTAL EXPENDITURE $529,565 Page 101 of 436 Project Summary Program Year 2019/2020 Project Name Planning and Administration Description Administration of the CDBG Program,to include staff and other related costs for program management,coordination, monitoring, reporting, and evaluation and oversight. Subject to statutory limitation of 20%of annual allocation and any program income that may be realized. Funding 105,913 Target Date For Completion 09/30/2020 Estimate the number and It is estimated that about 1500 low, low-moderate income families type of families that will will benefit from this program citywide. benefit from the proposed activities Location Description Area of preference will be the Heart of Boynton target area, however residents meeting the income criteria may be assisted. Planned Activities ------- ------------------ 2 Project Name Housing Rehabilitation Description The rehabilitation of existing single family homes to include roof replacement or repair, installation of energy efficient windows and doors, plumbing repair, electrical upgrade and other repairs in an effort to eliminate slum and blight, and preserve the city's housing stock. Funding $200,000.00 Target Date for Completion 9/30/2020 Estimate the number and Estimates 10 families will be benefit from this activity. type of families that will benefit from the proposed activities Location Description Location will focus with on Heart of Boynton, but can be city wide as needed. Planned Activities Page 102 of 436 3 Project Name Rehabilitation Administration (Housing Rehabilitation Delivery) Description Cost associated with the administration of the rehabilitation program to include inspections,specifications and monitoring of projects. Funding $84,218.00 Target Date for Completion 09/30/2020 Estimate the number and 10 families are expected to benefit from this activity. type of families that will benefit from the proposed activities Location Description Planned Activities 4 Project Name Aid to Victims of Domestic Assault Description Domestic Violence education for local High School students, teaching curriculum how to identify potential domestic violence and avoidance. Funding $8,434.00 Target Date For Completion 9/30/2020 Estimate the number and 25 students in classroom in addition to assemblies. type of families that will benefit from the proposed activities Location Description Boynton each High School Planned Activities Classroom activities 5 Project Name Community Caring Center of Boynton Beach Description Agency provides food, emergency shelter, rents and mortgage payments, medication vouchers, public assistance application assistance and other services as needed. Funding $45,000.00 Target Date For Completion 9/30/2020 Estimate the number and 1000 type of families that will benefit from the proposed ctivities Page 103 of 436 Page 104 of 436 | ............ --- -------------------- .............. Estimate the number and Anticipate 10 families becoming homeowners. type of families that will benefit from the proposed activities Location Description Heart of Boynton and maybe city wide, depending upon the availability of vacant land. Planned Activities Marketing, homebuyer's certification workshops, credit counseling. Page 105 of 436 6.E. CONSENTAGENDA 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Approve the early purchase of replacement vehicle as proposed in fiscal year 2019-20 budget in the estimated amount of$34,182.33 by utilizing the following contract: Florida Sheriff's Association Contract#FSA18-VEL26.0 for one (1) Police K-9 vehicle. EXPLANATION OF REQUEST: The Fleet Administrator recommends the early purchase of the replacement vehicle for Police as proposed in fiscal year 2019-20 budget. Staff is requesting the purchase of this vehicle due to the early cutoff date by General Motors which will prevent the City from buying this vehicle after October 1, 2019. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. Florida Sheriff's Association Contract#FSA18-VEL26.0 (Effective October 13, 2018- September 30, 2019) The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. Alan Jay Fleet Sales for one (1) Chevrolet Tahoe Utility vehicle for Police in the amount of$34,184.33. This unit utilizes the Florida Sheriff's Contract#FSA18-VEL26.0. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement vehicle will be used throughout the City to provide Police services to our residents. FISCAL IMPACT: Budgeted The total budgeted amount for the FY2019-20 Budget for all the replacement vehicles listed = $4,818,590.00. ALTERNATIVES: To defer or not purchase this selective replacement vehicle in advance will prevent the City from buying any new Police Tahoe K-9 units in fiscal year 2019-20. By deferring purchases, departmental maintenance cost and equipment downtime would increase. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 106 of 436 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Alan Jay Fleet Sales START DATE: 10/13/2018 END DATE: 9/30/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Exhibit Exhibit 1 ®Agenda Back Up Page 107 of 436 cr) Cl) Ci C14 E) LU (C) CY) cO cl lzr 00 4-- (Q 0 5 a - z 69 co 0 W 0 (1) u CL :3 0 0 CL L) CN < 0 JU CN 0 0 LL. 0 CIA Z >CL 0 QS < LL W. a) z 4) LU CL r.) U ul —0 OR W 0 0 O Z z 5o 0 Z W m L> .1— — DaB��� From: Scott Wilson <scotLwilsom@aYa jay.com> Sent: Tuesday, July D2' 2019fiS9AM /o: � Cc Christy Self; chhsm/ibon@a|anjayzmm Subject: Fw: 20K4Y Chevrolet Tahoe Important Information Good Morning! Alan Jay Fleet just wanted to reach back out to our emergency response vehicle customers as a friendly reminder that we are up against an early order cutoff for the 2020 Tahoe Police vehicle. Included below is a confirmation email from General Motors that the order cutoff is expected to be called in late September to Early October. This 2020 Tahoe order banks will likely close prior to the beginning ofyour 2020 fiscal year. We will be glad to provide a current quotation and will be asking our customers for letters of intent to purchase as we understand that PO's cannot be produced until budgets are adopted October 1, 2019. Many have already submitted their letters of intent, however for those who have not, please let u5 know if we can be of assistance. Regards, Scott Wilson Fleet Sales Manager ,y corp Alan Jay Automotive Network Office: 863'482-4292 Fax. 863-402-4221 [e}|: 863-991-4693 From: Marisa Bertoia Sent: Thursday, May 16, 2019 10:26 AM To: Chris Wilson (Alan Jay Chevrolet Buick Pontiac Gnn[ Cadillac) Scott Wilson Subject: 2OMYChevrolet Tahoe Important Information Chris/Scott, Here isthe information om2QMYTahoe toshare with your customers. The 2020MY Tahoe PPV/SSV order banks open on 5/9/2019 with order close off expected in late September or early October. We also expect an extended dark period before 2021MY units become available. � Please let mmeknow ifyou have any questions orneed anything from me. Thank you, / Page 109 Of 436 Marisa Marisa Bertola Government EAE—Southeast Region 313-643.0103 1 marisa.bertoia@gm.com G L N k, R A L M, r) I N' S L L L 031NOW Nothing in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message. Confidentiality Note- This message is intended only for the person or entity to which it is addressed. It may contain confidential and/or privileged material. Any review, transmission, dissemination or other use, or taking of any action in reliance upon this message by persons or entities other than the intended recipient is prohibited and may be unlawful. If you received this message in error, please contact the sender and delete it from your computer. 2 Page 110 of 436 Call lis first,for all of your Fleet Automotive, & Light Truck steeds. Quote P110AtE(800)ALAAIJ.4 Y(252-6529) DIRECT 1 863-385-9610 WWW.ALANJAY.COM 20992-1 Corporate 2003 U.S.27 South MOBILE 904-838-4999 Mailing P.O.BOX 9200 Office Sebring,FL 33870 FAX 863-402-4221 Address Sebring,FL 33871-9200 ----------- ORIGINAL QUOTE DATE 0"%IF TVIT D QLjoTE DATE 712612019 V UICK j"UOTE SHEET REMISED REQUESTING AGENCY BOYNTON BEACH, CITY OF CONTACT PERSON WILLIAM DARTY EMAIL PHONE 561-742-6215 MOBILE FAX FLORIDA SHERIFF'S ASSOCIATION BID #'s FSA18-VEL26.0 www.fisheriffs.org MODEL CC15706 SPECIFICATION# 06 2019 CHEVY TAHOE(111FILI9CI)-2WD PAGE# 84 CUSTOMERID BASE DISTRICT PRICE $31,536.00 All vehicles will be ordered white w/darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION GBA HOU BLACK EXTERIOR PAINT WITH JET BLACK CLOTH INTERIOR $0,00 ................. L83 MYC 5.31-Active Fuel Management direct injection,variable valve timing,720 CCA battery,6,6001b GVWR,3,08 rear axle $0.00 ratio,and external trans/oil cooler with 6-speed automatic transmission,(355hp&383 lb-ft torque).INCL WITH 2019 MODEL CK15753 ------------------------- -------------------- ------------ ------ -------- RKE REMOTE KEYLESS ENTRY(STD) $0.00 - - - -----------_ K7X6LED Replaces factory incandescent left hand spot lamp with KERR installed LED left hand spot light,(Includes credit for 7X6 $705.00 incl in base spec) 5HP 6)-AD I-DIT-0-NALFACTORY KEYS FOR SPECIAL SERVICE VEHICLE------------ -- $144.[9090 IDENTIFIER FOR PPV includes,(K47)high-capacity air cleaner,IKW7)17()amp high output alternator,lK4B)730 cold- $0.00 cranking amps auxiliary battery,electrical power&vehicle signals for customer connection located at the center front floor.Auxiliary bat - ------------------- AMF 6 additional factory remotes with dealer provided programming $149.00 9U3 INDIVIDUAL CLOTH SEATS WITH BARE FLOOR CENTER AREA $0.00 ----------- ------ ------I----- MY20 PROVIDING MODEL YEAR 2020 VEHICLE AT NO ADDITIONAL CHARGE. $0.00 ---------- ........ ............. FACTORY OPTIONS $,998.00 CONTRACT OPTIONS DESCRIPTION TAG NEW CITY TAG(INCLUDES TEMP TAG AND 2-WAY OVER SHIPPING FOR SIGNATURE) $248-33 - ------------ 2TP DOORS DEALER TWO TONE PAINT. VEHICLE ORDERED BLACK WITH DOORS ONLY TO BE PAINTED WHITE. $1,400.00 ------------- --------- CONTRACT OPTIONS $1,648-33 TRADE IN TOTAL COST $34,11182.33 mg, $0.00 TOTAL COST LESS TRADE IN(S) QTY 1 $34,182.33 Estimated Annual payments for 60 months paid in advance: $7,519.2) Municipai finance for any essential use vehicle,requires lender approval,WAC, Comments VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christself a)AIRn.Jay_&.Q,,,pI I Want to be Your Fleet Provider' I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes,please feel free to contact me at any time. I am always happy to be of assistance. FSA-BOYNTON BEACH,CITY OF-CC1570620992 I—Quote.pdf Page I of I Page 111 of 436 M I i [Fleet]2019 Chevrolet Tahoe(CC1 5706)2WD 4dr(50) AZ3 Seating,front 40120/40 split-bench WOO C5U GVWR, 6800 lbs.(3084 kg) Inc. FE9 Emissions, Federal requirements $0.00 GBA Black $0.00 GL14 Rear axle, 3.08 ratio WOO HOU Jet Black,Cloth seat trim WOO 105 Audio system, 8"diagonal color touch-screen with Chevrolet MOO Infotainment K4B Battery,Auxiliary, 730 CCA Inc, KW7 Alternator, 170 amps, high output Inc. L83 Engine, 5.3L EcoTec3 V8 with Active Fuel Management, Direct WOO Injection and Variable Valve Timing MYC Transmission, 6-speed automatic,electronically controlled $0,00 NZZ Skid Plate Package Inc, QAR Tires, P265/6OR17 all-season, police, V-rated Inc. R9Y Fleet Free Maintenance Credit ($33.75) RAP Wheels, 17"x 8"(43.2 cm x 20.3 cm)steel, police, Black Inc. RM7 Wheel, 17"x 8"(43,2 cm x 20.3 cm)full-size, steel spare Inc. VK3 License plate front mounting package $0.00 VPV Ship Thru, Produced in Arlington Assembly Inc. VQ2 Fleet processing option $0.00 Z56 Suspension Package, heavy-duty, police-rated Inc. ZAK Tire, spare, P26516OR1 7 all-season, police,V-rated Inc. ZY1 Paint scheme, solid application $0.00 Safety belts, 3-point, driver and front passenger in all seating Inc. positions Capless fuel fill Inc. Door handles, body-color Inc. Instrumentation,analog Inc. Key, 2-sided Inc, Luggage rack, delete Inc. Exterior ornamentation delete Inc. This document contains information considered Confidential between GM and its Clients uniquely, The information provided is not intended for public disclosure. Prices, specifications,and availability are subject to change without notice,and do not include certain fees,taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only,and actual performance may vary. Photos may not represent actual vehicles or exact configurations Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 6906. Data Updated: Nov 2,2018 9:38:00 PM PDT. Nov 5,2018 Page 2 Page 112 of 436 FSA 1 -V Zw L 266 I Competitive Purchasing Program Page: 1 of t (https://www.facebook.com/floridasheriffsassociation/) FLORIDA SHERIFFS ASSOCIA"I ION (https://ww.flsheriffs.orgf Become a Member (https://membership.fisheriffs.org/Membership-LP.htm[#Choose) About Sheriffs Programs Publications Jain Today (https://membership.fisheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.flsheriffs.org/Membership-LP.html#Choose) PURCHASING PROGRAM « Back to Main Purchasing Page (https://www,flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FSA I 8-VEL26.O POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCKS AND VANS 20 18-2019 Effective October 1, 2018 September 30, 2419 https:H",,ww.flsherifls.org/lave-enforcement-programs/purchasing2018/police-rated-admini... P. /jj of 436 FSA I 8-VE,111,26.0 I Competitive Purchasing Program Page 2 of The Florida Sheriffs Association offers statewide purchasing contracts on a variety of vehicles, equipment, and services that are available to all eligible* agencies since 1993. While most agencies purchasing from our contracts are within the state of Florida, eligible* agencies from other states have used the contracts if their governing purchases ordinance allows. For details of the products available, review the category you are seeking to purchase. Simply select the drop-down arrow and locate the vehicle of choice. 'Fhe vehicle links will take You to pages that are solely dedicated to the bid award for that commodity. Continue to scroll the bottom of the page and find a link to all the bid supporting bid documents FLORIDA SHERIFFS ASSOCIATION A �v ORDERING INSTRUCTIONS (HTTPS-//WWW.FLSHERI FFS,ORG/U PLOADS/DOCS/ORDER ING- INSTRUCTIONS-VO,9-25-18-2.PDF) VENDOR DIRECTORY (HTTPS-//WWW.FLSHERIFFS.ORG/UPLOADS/DOCS/26.0—AWARDED—VENDOR Need Assistance? Email us at cppCd)fIsheriffs.org (rnajIto:cpp(4flsheriffs.org)1 or call 850-877-2165 https://www.tlsheriffs.org/law-enforcement-programs/purchasing201 8/po lie e-rated-admin i... Pfq�/16fIqof 436 .. � a� FAI Jnr a' COUNTIES S AU ri.€..t Flo id. FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION _ N ES Name of Dealership Type of Vehicle Zone Base unit Price "HL,VRQ1,ET`1'AHQE 1500 110LICL RA"-EQ L''1-1 ITT 1iWD J,,Specificalion 406 Stingray Chevrolet LLC 2019 Chevrolet'Fahoe 1500(CC I 5706/9C 1) *Western $.31,622.00 AL7`-Alan.Day Chevrolet Buick GMC Cadillac 2019 Chevrolet Tahoe 1500(CC]5706/90 1) Western $ 1,7#16.00 Garber Chevrolet Buick G1a.IC, Inc, 2019 Chevrolet'1`ahoe 1500(CC15706/901) *Northern $31,296,00 ALT- Stingray Chevrolet LLC 2019 Chevrolet Tahoe 1500(CC 15706/9CI) Northern $31,5.33.00 Stinoray Chevralet LLC 2019 Chevrolet Tahoe 1500(CC15706/9C."1) *Central $_x1,477.00 ALT -Garber Chevrolet Buick GMC, Inc. 2019 Chevrolet Tahoe 1500(CC 1 5706/9C 1) Central $31,496.00 Stin-ray Chevrolet.LLC 2019 Chevrolet Tahoe 1500(CC 15706/90 I) *Southern $31,470.00 ALT-Alan Tay Chevrolet Buick GMC Cadillac 2019 Chevrolet"Tahoe 1500 (CC 15706/9C 1) SOUtherrn $31,5.36.00 Page 115 of 436 FLOR11 A ( C,O N YES ter, RrrA6out r;rordu FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES CHEVROLET TA 'OE 1500 POLICE RATED UTILITY - RWD SPECIFICATION #6 2019 Chevrolet Tahoe 1500 (CC l S70619C1) (Alternate Dealer Option) The Chevrolet.Tahoe 1500(C(1'15706/9C"l)purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and ESA's base vehicle specification(s)requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $31,7 Ci.00 $31,531.00 $31,496.00 $11.4:36.00 "While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for fLrll size vehicles, wve realize equipment needs and preferences are going to vary from agency to agency, In an effort to incorporate flexibility into our program,wwe have created specific add?delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vchicle(s)you wish to order through this program. Simply deduct the cost ofany ofthe follo),ving equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s)you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained frrom the appropriate dealer-in your zone when preparing your order. Additional add/delete options other than those listed here may, be available through the dealers,however,those listed here must be honored by the dealers in your zone at the stated prices, Page 116 of 436 VEHICLE: Tahoe 1500((V15706/9C])(AlAT'RNATE DJ.'At,,LRSl DEALER: Alan JaN Chevrolet Buick Slingray Che%rolet 1-1,C Garner ClieN rolel Buick Alan Jay Chevrolet Buick GMC Cadillac GMC,Inc. GMC Cadillac ZONE: Western Norlhern 6astral Southern BASE PRICE: $31,786.00 $31,533.00 $31.496.00 3,3 1,530.00 Western Order Code Delete Options & Southern Northern Central 9G8 I I Daytime running lights disabled $49.001 $49,00' $48.003! 2 9G8 raclory da time running light delete ****CHARGE 17TAY.Nol,CRLD11- 3 9G8 NOTA CREDIT-ADDITION.41,COST FACT0R)'171,11(S298 by dealer,i 2 .3 2 D-7X6 Driver's Side Spotlight ($50,00)1 $150M ($130.00)3 7X6 Deletes factw ordered left handspol lamp 7X6 NO VK3 Front License Bracket NCI NC 2 N(13 VK32 VK3 AKP Non deep tinted glass ($50.00)' $145,00- ($200.00)3 ANN Gluss.solew absm-bing*CREDIT* 3 AKP 3 UEO 2 Onslar ($25M)1 $35.002 ($50M)3 UEO UEO 3 Western Order Code Add Options & Southern Northern Central K05 I Engine block heater $99.001 S99,0()2 598.001 K05 2 K05 3 3 VRS ' Cargo shade $194.00 $194,00' $193.00 VRS LlW..fiiom]i,ordered drab insialled cargo shade VRS 3 B30 I Carpeted floor covering S 189.00 1 $189.00'` $188.003' B30- Color delved carpeting owltdcles c arpei mats. B30 3 Floor"wering,culor-kel ed carpeting;I-lour mals o)/w-keved caqvied fivsj an,/ set and rims,.removabic(hiclui feel and onli available it ith(1336)c olov-keved caipeting,flow covering) 3 K7X6LED i Driver's Side Spotlight Upgrade to LED(credit for standard $705.00 1 $265.002 $150.003' 7XLLED 2 spotlight applies) LEDLHS 3 Replac esjaciorg nae-andescent Iefi hand spot lana with KERB installed LED left hand shot light_(Includes credo far 7, inclx teal ht laase slze } 1 UP4 iR.4D1-`SII07TlGHTT0 LEL)3 B58 colored 1 $189.002 $188.003 2 Floor rnats ored keyed to caret N A 1358/B-50 Included mut onit,available with 13311. B58/B30 3 hwlzidt?s required 1330 carpel.floor. B5813 is 111)1,11111 nails 2,fi 011froll 5 deal"), installed 2 Flour covenng,culoi-A-eved carpeting Flew) mals t ulw-Aes-ed scar peteetOrsi and secondrow 3 Page 117 of 436 )ITHICLE: 'I ahoe 1500(CCI 5706/9CI)(ALTERNATE DE'A11RS) DE'A1,ER: Alan Jay Chevrolet Buick Stingray Chevrolet Lix Garber-Che%rolel Buick Alan)a% Cliewiflet Buick GMC Cadillac GMC,Inc. GMC Cadillac adillac ZONE: Western Northern Central Southern BASE PRICE: $31,786.00 $31.533.00 $31.496.00 $31.536.00 K7X7LED LEI)Right spot light $755.001 $265.002 $15().001 7XRLED 2 KERR i)iviallettLEI.)i-ithlhtiird-�I)oilighfoiIv, LEDRH3 Reqjjjj-e,�7X7 RII spotlight opoptionS (4161(.-IDE,VOTLIGHT 7()LED 3 6N6 Rear door locks and handles inoperative $58,00' $56.00' $57,003 6N6 2 Door lacks wad handles,inside rear doors moperwire(doors faIi oar he opened 61 6 fi aro ouisn'10 6N5 Rear window switches inoperative $56.001 $56.002 $55.003! 6N5 2 Switches.1ear woldals,moperatme(rear iroidows can onlY operatefirom driver's 3 position) 6N5 7X7 I Right-hand pillar 11101.1nied 6"spotlight with clear halogen bulb, $359.001 5358.002 $358,00' 7X7 I factory installed 7X7 3 Adds right hand spot lamp io match lefi hand lamp included III base bid-add- il.ED2- 161d S450 fin deeder Installed LEI)bulbs) TREM Tremco anti-theft - foot activated,dealer installed $299.00' $295.00' $246.003 TRENI 2 3 TREM SAFE 2 SafeStop vehicle anti-theft-key activated or emergency lights $299.001 5365.002 $246.003 SSTP activated, plug-&-play for most Ford and Chevy fleet vehicles, SSTP dealer installed in 20 minutes or less B86 I Body side moldings $99.001 $99,00 $98.003 B86 2 Boil'I-Cotol horleside moldings -or-(TGK57'4-Specialpamf sold one Color B86 3 exterior hodi,colored parts I'l("TORYRED H'1192611S64S) I I1385 5149 bnXhI chrome,lid ul adah(1111'2 Voldings.hodi-color hodi,stde(ADLIS50 FOR 1385-Altohimp,height bodirstele) 3 Back-up sensors, dealer installed Std NA Std TRW I Provision for roof mounted lamp $29.001 $29.002 $29.003 TRW 2 aimimi:r red white dome light 5169 2 TRW 3 uT7 I Rear ground studs $87.001 $47.00` $996.00' UT7 2 TTP 3 Point Tahoes with Black A-cents) 3 CC4-TMC-71 I Optional equipment-specify $775.001 $691.002 $69-3.003 PCW 2 I'V0.1 PI-O&ILTS IS"C011.501C with vehicle specificjlmw plate.4"dual Internal 3 enlyholder.3"shallou console iray. (3) l2r'DCowlets.height adjustable 5"):S" PCw as 1111est.and blank fillev plates,-ov-(CC-F-7710S-16-Tr7y Products 16";vide bem{y vehiclespecIlk console is i1h. 4"dual Internal cripholder.Y'shallow console tray.(.l)12VDCoutlets.height x#iesiable 5x8"eirmi-esir,and blankfillerphiles. S880)-ADD-('C'-171105-22-22"wide hod'v o ehiele spec ific eo),isole ii ith.4 dual Intermit cupholder.3"shallms,console fral, (3) 121'DCarmlets.hei�hl adjustable 5'r8"arnirest and blank tiller plates S920i-or-(CC-F-7710.S-I 6-FB- Trol,Procim is 16"wide buds vehicle specific console with.4"dual internal cupholder.3"shallmi console true. (3)12V DC outlets. 4°lidded file box of rear console wqnh lae leather pa,t and blank filler pleves.S 1070) *.Slvct&,Wemy radio make morlet 11 hen order iiq,,lar destredfacephile Page 118 of 436 VEHICLF: 1'ahoe 1500(CCl5700/9C'l)(A tA LIANA 11-1 DEA L F RS) DEALER: Alan Jav Chevrolet Buick Stingray Chex rolet LLC Garber Cherole[Buick Alan,la% Chevrolet Buick 6NIC Cadillac GmC,fric. C;MC Cadillac ZONE: Western Northern. Central Southern BASE PRICE: $31-786.00 $3 L533.00 III IAWOO $31.5 6.00 I ufomaric Braking and(t 7H)Lane Keel?Assist with Lane Departure Warning and SqfqvAter iSeat(Not uvoilable with IH2(;)Jet Black vin.v]inferior IvIIII)2 InhoncedDrive)Alert Package Includes (UEU) Forward Collision Alert, (7705)ItirelliBeam headlamps, (UHI)L mi Speed Fonvard Automatic Braking and(UMV)Lane Keep Assist will?Lane Departure War-mm,and Sqferl Alert.Sear('Not avadable with(1-12G)Jet Black vin-0 inievior trim;) 3 CM-SDMNT-SA-LED I Optional equipment-specify $460.001 5499.00' $248.00' Q5U' Iron Products(olitplifer mount 11 11;7 east one-handed operation and saving-area lo A95 3 UcComptiodaie 4 usionier supply eddooking stunum holls,to Troy-console.-tar- (C kI-771/5-,SA-L1-,D Products passenger seat mminr COmplaer molvil stand wiih sit-mg-arni acrd do4 king station moiffit S`539) i)-add-(SL-upgrade to sti iiki; cunt wo fit Slide ma I�ealzlre 5 110)-add-((APLT-1500-Irtil Products dehive laptop Prat'S300) If7jeels, 117",j S"(43 2 am.x 20 3 cm r ')bighl-machmimmo ed alifn uit hides 061-) 17",x 8"(43 2 cm.y '0,3 cm)fiilI-si_-e sieelspare fRequires,(9CI)Police Vehi(le) 2 Sealmg lionr bucket with helmum Cloth passenger seal nec Jta<#es pori c r fi)rc q/t. port er recline and Posner flonbar. I 0-ii a1,, power drive seat im'sindes 6-wai p(m ct ,:a 011 on, -Il t�(v porter lumbar con/vol and power rec If Pie(hichides 1;f YQ)fij otaul andside-impaci for di-met and trout passenger airbags and I(j)()7)JfIsj7j Celfrej ,onsale 0 1 ill(9CI)Police I'ehicle im hides C 0 loth scats.) CM-SDMNT-SA-HAV 1 Optional equipment-specify $490.00 $1,285.002 $498.00 Is KATZ 2 Tro,).Prodlicls complavi njo im I is I III ears-one-!landed operemon and sit inK-ao iio A,oI t 3 accommodate cusiojoer stilpheddocking siarion. huhs to 7)-()1-cullsole -Of"- Q5U (01- 1*Trot,Products passenger seal mount comlyuler momil Stand ivalf sli'llig-arra curd dacksng stallion moms S585.)-ittid-(SL-upgrade to saving arm with Slide ina fealure S 110)-add-lI1:7,-1 ofil-I/avis dehlye laptop Isar S3551 cusiom dart[ conionund high it ear seating surface Wheels, 17".r fl"(9'3.2 cm x 20 3 cm)brighi-mat limed tilififunion ou ludes(7t I`7) 17"x S"(43,2 envi 20,3 cm).full-si-e sicellspare(Requires(9CI)Police Velficle 3 2 2TP Optional equipment-specify S 1,600.00 m $132.00 S131.003 6J36J4 7'11()J'()lje Puilij fj)vedej11.11fir(4)hoofs A-Roof(1)Colot)-or-(ISGI)-Base 3 graphws pti(Aage,firs most agenci I equtremews S589j-and-(6('7-J-ac�jIsj) 6J3/6J4 red white dome lump S I69)-and-( I it Iling glille lamps,sn en speaker honi swen cite (AJ7 1, S490/tat lopyiiig-iiag flasher sjyje)tj 2 Ifto mg.gi We lamps acrd siren speakers, Wiring.host and sit elf,rbc GR5000 I Co Rhino 5000 Series Push Bumpers $640,00 $665.00 $546.003 GR5000 3 (;a.)-Rl)tpjo5f)00series Road De.fetittea-sieelpiislibililipei- I LS3PRear Transport Seat—Laguna System 3P $1,960.00' $1,495.00 $1,296.003 3P With Laguna vaildurd hells anal Selma I N'rear cage-or-(1,5311-R13 Laguna seat 10th Read,I 811"Ve and scilla 1'1'rear sage S-1105)-cit--(77IS15-OS-It?IWO) Piodist,Isplasm Seal)t ah Officer-Save seatheiii si.sfem includes r-ear partmon it iih SKINDARD RE91?CARGO MEMIS('REEN PG6000 Rear Transport Seat—Pro Card 6000 Series $1,860.001 $1,475.00 $1,196M Pro-Gard rear Irairspurf Setif 11 fill partition- I Rear Transport Seat with extended seat belt—Patriot PSC V I NA 1 $1.475.00 S1,296.00 DOOR 1)'4AELS ant/WINDOWRARS (--]Dp-Selma allmilinim doot Panels 5360)- mid-(SH13-11-Troy steel hori--one4d it indow bars S3 75)-and-(S103-t'-Trot steel vertical irindoii bars 537.5) Page 119 of 436 VEHICLE: Tahoe 1500 WC15706/9C I 1(ALTERNATE DEALERS) D E A 1,E R; Alan-Pay ChCVrOlC1 Buick Stingray Che\rater LLC Garber Chex rolel Buick Akin!ay Chevrolei Buick ('FMC Cadillac adillac GMC. hie. ONIC Cadillac ZONE: Western Northern Central Southern BA 5E P R I CIE: $31,786.00 $31,533M $31A96.00 $31.536.00 PB12 Selina PB,I OOA 12— 12"Aluminum Push Bumper $5310.00' NA $493.00' 6J7 3 Rasher s.11"Vem.lieudlamp and taillaMp. !)RL contpanble irate contral u-ire (Requires(9(-1)Police fehif le) 3 PB 16 Setina PB 100A 16— 16"Aluminum Push Bumper $540.001 NA $168.0()3 6C7 1 ighnng red and it hilefi-ont area bar v dole 3 PB_3300-T Selina PB300 Push 131.1111per $685,001 $645.002 $546,00 P13400 3 Serma Both-Guard P13300 alunuman push hamper-o),-(11B400-T-Serena Bo d,vGuard PB400 olunnnum push bumper$635)-o) -t1194501.2-TS'emur Boe I.V(hoard alunnnum push hiunper vrah(2)h inh nt LEDs S 1265))-or (PH450L4-TSethia BodyGuard alunuman push hamper with(4)biah in L EM $1655)(Por lighted push bumpers,spec rJiLit)color-to reel„hlrle,arndre'r 1s htr�I 1 :440 5395,16r./vont LED jjgjjjv 2 SETTV-1 PH406 N,S)`1 BU.WPER 3 PG2600 Pro-Gard P2600 Series Polycarbonate(Lexan)Cape with sliding $1,290.001 $1.025M2 $996,003 PG window. full width lower extension panel,dealer installed 'foes not ou lode purimon behind gni rou scats 2 `Setina 8S Lexan ca-e with 1/2 lexan and 1/2 expanded metal with $1,205.001 $989.002 $896,00' 2 S8 3 full lower extension panel, dealer installed 8S Selma model"Is 514111011610-1,window frith 1 1 vinIIcante=d expanded metal and 12 polic-urbomae trindon,and lou er extension panel -or-(8S-RPJSe1ma model if-8 S10"0174"T Ivineloir as till 1,2 vaivi coated expanded metal and 12 p)lvcarbouafe Irfolf/oll 11,1117 re,essedpawl option anel lutrer evension panel,51360)-add- (M PM 1 Setata unci-ersal AT dual weapon vej iical purfinun wounded S590) "Or (TP-E-SL6-FS-SS-7)fj) large it endow partition wrth sliding it aidmr% crais 1-through harrier and weapol?recess panel. inchreles naorrnting A-1/and beg jurat pocket$1310) nadd I CIP-2G1 rIV-Troll'P1 oducts theft do tear)ant anal it eupon gun mount(G.V-SGRr—AfN7).includes bust plates,loo k brat kets,and(GI.-SC-5AU large hamlcifffsii le gun lock at e;2 sm,le heti and push hurfon$421) Senna,VS Le.wn cage with 1 2 Texan acrd 1 2 expanded metal nirhfiill lower extension Panel.dealer installed add S85,for recessed panel.sti onql) recoonmend ordering in conjunction with INS or similar rear cargo put nryon 105-T Selina#10 Series Lexan Cage with sliding window, full width $1,265.001 $989.002 $996.003 S102 LOwer extension panel, dealer installed los 3 with herr 1--ontalshiling poll car hentate window and hm ea'e=xtension panel 51420_)- add-(Lai'P.il'Serino urrirersal.A"L dual ereeapnn 1 ct ltral`jaar ruaorr auaauued$59l)} � emension panel.dealer installed o=ld,585.ftv i ecessedpanel, sirongh recommend orck)ing in cO)Yuncuon"wh 121'S or sirdar rear cargo parlition � 12VS-P Selina 412 Series Lexan Cage,partition installed behind 2nd row $800.001 $650.002 $596.003 S122 seat 12VS 3 Sclinaniodel 742-JSrear-pariiion benreen 2nd roar seat A,cargo areajto4v carbonate window.-or-(121'S-EM-Seuna model F1-12-VS rear parnion benreen 2nd root secn&cargo area. vrnn•l couted expanded tneial$760.)-or-(TROY I'll I 5-SO-R rear Partition welly square-hole pattern Includes cargo side windoij panels. ;835.)l Full it ire ire sh S625 2 Page 120 of 436 VEHICLE; Tahoe 1500(CC15706/9C I)(A LIERNATE DFAURS) DEALER: Alan JaN Chek rolet Buick Stings} Chew rolet 11-C (Jarber Chew rolel BUick Alan Jav Chevrolet Buick GMC Cadillac Gmc�Inc. 6W'Cadillac ZONE: 'Alesterii ''northern Central S01,11heril BASE PRICE: $31.786.00 $31,533.00 S-3,1 A96M $31.536.00 EZ RIDER i K-9 Container, All aluminum In-Vehicle(rear seat area)K-9 $2,955.001 $2,670.00 $2,696.003 K9 3 Container to protect the public,officer, K-9. and vehicle. Please specify vehicle year, make and model. Call for installation, shipping,and/or delivery prices. -Iinertcan.1hamituni EZ Mdsei-K9 unit pla!fonn.$)vetn.include freight and olsiallatioll, -add-(S(Taloll—4me)tcan.4huninam St T'lautt powder lilac wah single draii e) tpwhides 4"basket topis idih ii-ise divideiona"Ibaw insert S1425) _41)[)5400 FOR 1/3 A10 TE-?3 if 3 Flot-N-Pop 1 Electronic Remote Rear Door Opening system to be used with the S3,325.00 $1,175,00 $896.003 ERDO K-9 Container, Allows the officer to release the K-9 from the vehicle from a remote position, Radio D-owcs.,tce K9 Hot-N-Pol,to include. docii-pop&hear alarm,engine slat/ sensor kii,ow K9 h.fi behind.reatin-e,Iong wiige remote pagui,modrile with 10" fiberglass niast antenna, 10"fan kit. gitswd.and cai-hon mon(mck sepaw, 2 HAS 1 I leat,Alarm Systern to be used in a K-9 vehicle. Wams officer $2,570.40( $2,270.00 $846.(70-' HAS 3 when dangerously high temperatures are inside the vehicle, Rucho Ivonics.-he K9 heat ahn-orpre o awhide,5. Temp alarm v'i%vietri mt ludes Irovii acilvalion,siren oclivation, light ac:Bratton.diad ss indoor drop bigme valLyeouoV. no K9 left ff behind R)"Is indolifinijan gum-d carbon mommde rg rangesensu . Lonange remote pogei-modiele is ith 10"fibei-glems mast antenna, 1hil's)[Wro sr fan&No K9 Left gej,1114t 2 1I,%C7UD1-,'SI'A;E)? 3 NEW-I'AG New state tag(specify state,county,city, sheriff,etc:,) $248,33 1 $234.00 $116-55 3 YT AG /tit hiders(corp)lag&(oro wa.i err e)night sh1PPMg fbol SQ01"1111,V Add$25 t,/Ovunkghi Shipping Requwed 3 TEMPJAG Temporary tag $45.25 1 $35.00 $6.003; TTAG 3 ,Idd S'5#overnight Stripping Ren uovel " TRANS-TAG Transfer existing registration(must provide tag number) $198,85 $155.00 $86.003 TRANS 3 Includes ieap itig&, rii o is aY(wei-night shipjwngfiov signartwe 4dd S-75 il'0 veinighr Shipping Rvqiai-ed DR9Y 2 Maintenance Plan-specify NA NC'" NA 3 Iv oil change Jore j,otoja)?j& IaVe(It,), 2 Please contain beater fov 1,oles, plan djt,j pi t(es 3 Maintenance Plan-specify NA NA N.A. Maintenance Plan -specit:v: NA NA NA Ayr W Warranty-specify IncL I NA 2 NA 3 .-I//I'L.N'DOR to I vew parts opilY ivelpraw,1,FOB Xan.hi% Fleer Processing Center.Scho-hkg FL Refti-enc )I e S4 Conti-aci Tei-rns and Condinopm 3.16- Fendor lustatted. -VOTF- upgrade j)acA-a,-v,5,ol.,nons.and desu-ijmon.5 based on arfoi-minion available at bate of bid opciongaita'are sithieci to ehange kv irnhoia notice.) I Plecose contact dealer'fol.vanalm pre vathq is arroni),otorwom&-p-1co-kg,efective after Ot tobet-I.201,st 2 Please contact Dealei-jin-Latest Ww-nmtv Opiwas and Prices 3 Page 121 of 436 VEHICLE: Tahoe 1500(CC15706/9('1)(ALTERNAI F' DFALFIRS) DLAL,ER: Alan,JaN Chevrolet Buick Stingray Chekrolel LLC Garber Cho rolet Buick Alan Jav Chevrolet Buick GNIC Cadillac GMC. hic. GMC adillac ZONE; V'"tern Northern Cenlral Southern BASF PRICE: $31,786.00 531,533.00 S3 1 A96.00 S31.51,30,00 GS575 Warranty- specif-v $3,780.001 NA 2 NA Dedlie'llble-or-((;P5 7 5 Cherrolvi Pruiecuon Plan PLATINI'At 5v) m 75,000 nulcs wnh disappow-mg S100 Dedaclible$4008) 1 Please f ollfat T(kah'i'fin.val-Ima prevailing 11 arr elfnv optiolls A,pricipig effe,live cuter0('10her I 91,' 2 GP61 00 Warranty-specify X5,610.001 NA 2 NA ("Awwwlet Protection Man PLA IINUAI 6.Yr or 100.000 miles with disappearing S101)Deductible Please Contact dealel fi?).varlous prevailmg it arc ma opnons A pnewg effiecri ve after Oclober/.20 1,'2 Page 122 of 436 6.F. CONSENTAGENDA 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Authorize the Finance Department to reduce the allowance of uncollectible accounts and the account receivable accounts by $238,018.39. This amount reflects unpaid roll off billings that have been in collections from FY06/07 to FY14/15. EXPLANATION OF REQUEST: Per Florida Statues Title VI 95.11, the City has four (4) years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its collection agency to collect these past due amounts have been exhausted. The City established an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write-off approval will have no impact on the City's financial statements. It is prudent to review, at least annually, the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no impact to City programs or services. FISCAL IMPACT: Budgeted There is no fiscal impact since this amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. ALTERNATIVES: Continue to carry the unpaid balance in the receivable accounts and the allowance for uncollectible accounts. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 123 of 436 Grant Amount: ATTACHMENTS: Type Description D Other Uncollectable Accounts Spreadsheet Page 124 of 436 a 8 8 ,E PAZ- Eri west' 61 k Z Z AW tgp,,� ZI Im" le R, M rL we Ge! ji; d i2 rII U- e UL J( M Y- m m z zj !Il z z i Elk hk m M 3 M goo a dti 888 7 T z z ISE we z z z I M m m mas z z KS ,� �° d� C t a:G `�'. .. K, ��� '� }S 1I i d� iil A`dY 1., �" i' ��'{{ )S €' � wY �" iLG � � �I�:r': 'IM ilf M X�v 7 z tu to IV MA 0 00 Is 5 . . . . . . .. . -- r m 2 I IS 8 8 S 1. 8 o. 8 8 a lo I IS 21 IS 8 8 o 18! Iq . 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The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Minutes Meeting Minutes 7-16-19 Page 145 of 436 Minutes of the Regular City Commission Meeting Held on Tuesday, July 16, 2019, at 6:30 P.M. at the Intracoastal Park Clubhouse, 2240 N. Federal Highway Boynton Beach, Florida Present: Justin Katz, Vice Mayor Lori LaVerriere, City Manager Mack McCray, Commissioner James Cherof, City Attorney Christina Romelus, Commissioner Queenester Nieves, Deputy City Clerk Ty Penserga, Commissioner Absent: Steven B. Grant, Mayor 1. Openings A. Call to Order—Vice Mayor Justin Katz Vice Chair Katz called the meeting to order at 6:32 p.m. Invocation - Rev. Riccardi, Police Chaplain Reverend Riccardi gave the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray The members recited the Pledge of Allegiance to the Flag. Roll Call Deputy City Clerk Nieves called the roll. A quorum is present Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. Page 146 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 2. Other A. Informational items by Members of the City Commission Commissioner McCray thanked staff and the volunteers on the Fourth of July celebration. He attended with his Godchildren. He announced it was the best event to-date. Commissioner Romelus agreed with Commissioner McCray's comments. Commissioner Penserga acknowledged the great work Utilities was doing. He visited the East Water Treatment Plant on Monday and welcomed the Japanese delegation as they came to Boynton Beach to learn about technology from staff. He attended the Pathways to Prosperity Summer Youth Institute. This local non-profit partnered with Utilities to provide summer internships to teens. He heard at the Reflections Ceremony what it meant to the participants and how happy they were. He recognized Tremaine Johnson and Michael Johnson were in charge of the program. This Saturday, July 20th, Future 6 is holding their next event called For the Love of Surfing. Volunteers are needed to help special needs youth have fun in the water. Vice Mayor Katz had no disclosures. He requested the Dog Beach related item be tabled until the Mayor returns, as it is an item of interest to him. There was also a request to move item 3B to 9B. There were no objections. 3. Announcements, Community and 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. Vice Mayor Katz read the Proclamation recognizing the City's commitment to work towards full compliance of the Americans with Disabilities Act (ADA). Present to accept the Proclamation was Ted Goodenough, City ADA Assistant. Mr. Goodenough thanked the City Commission for the Proclamation and introduced Rosy, his guide dog. He grew up in the 60s and 70s when there was no ADA. He started to go blind at age 14. He did a lot of challenging things and looked for ways for him to get around having a disability. About three years ago, he reluctantly was retired. The company he worked with bought new equipment and his adaptive equipment could not interface. He indicated his bucket list is to learn braille, advocate for guide dogs and service animals, and see Tom Brady play before he went blind. He was unsuccessful with the last item. He contacted the Division of Blind Services, who directed him to the Lighthouse for the Blind. The Lighthouse introduced him to great instructors and he learned new skill sets so he could return to work. He was at the Lighthouse talking about all those who helped him and he mentioned he was networking. He met Debbie Majors, Boynton Beach ADA Coordinator, who asked him to come to the City. He spoke with the Planning Committee about actions 2 Page 147 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 the City could take to make things easier for other blind individuals, and he is now the Assistant ADA Coordinator. Mr. Goodenough commented after he went blind, the school placed him in special needs classes. He was an A/B student and they thought he would not be able to keep up because he went blind. They would not teach him Braille as they said it would be obsolete and 30 years later, it is not obsolete. He expressed Boynton Beach is not just trying to meet ADA standards; they are trying to go beyond what the ADA Law requires. He meets with a Compliance Committee and they discuss the City compliance needs. Mr. Goodenough mentioned Barrier Free Park accommodates individuals with disabilities. The Links has wheelchair accessible golf carts and the pool has a wheelchair lift. Mr. Goodenough contended those actions are not something one does if they want to meet ADA standards; they are done when one wants to include everyone. It gives people fair and equal access. He announced he is so proud to work for this City as it is challenging itself to be the best it can with respect to the Americans with Disabilities Act. Commissioner McCray was impressed by Mr. Goodenough's statement, announced Ted was good enough, and he was glad he was working for the City. Commissioner Romelus introduced herself and advised she wanted to meet Mr. Goodenough as she had received his email. She was also impressed and agreed the City was trying to go above and beyond. She thanked him for his assistance. B. Development Department to give brief presentation of their operations. This item heard later in the meeting. 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) Susan Oyer, 140 SE 27th Way, wished citizens would become more involved in the City's budget process. She announced Sister Cities is having a Social on July 29th at 5:30 p.m. at the Brass Tap. The brewery celebrated their 5th Anniversary. Sister Cities is holding socials on the 5th Monday of the month called Fifth Monday Mingles. Ms. Oyer announced today is the 50th Anniversary of the Apollo 11 Moon Landing. Commissioner Romelus noted there were a handful of people who attended the budget workshop. Ms. Oyer agreed, but commented the others did not stay the full time. Ted Hoskinson, Founder of the non-profit Roots and Wings, explained the organization started three years ago. Last semester, the organization came to Boynton Beach. He introduce himself and announced the organization is involved in the Above and Beyond Award, which is an award given to teachers in public and Title I schools. The organization goes into the classrooms with a bag of goodies and give the teacher $50 for a meal and 3 Page 148 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 $50 to purchaser supplies. The second program is an after-school reading program, which is expanding in Delray Beach. He hoped to bring the program to Boynton Beach in a year or two and offered to send information to those interested in the program. He noted the Mayor attended one of their awards at Rolling Green. The organization recognizes teachers with a special celebration on September 1St. They provide plaques to the schools, which contain the name of the teachers who have won the award. He invited the City Commission to attend to present the awards to the principals of Crosspointe, Galaxy, Forrest Park, Poinciana, Freedom Shores, and Rolling Green. Vice Mayor Katz was interested in contacting him to learn more. Commissioner Romelus thanked him for the work they do and coming to Boynton Herb Suss, 1711 Woodfern Drive, Quail Run, advised the House of Representative passed legislation for Cybercontrol with the upcoming elections, but Mitch McConnell prevented a vote on it. Mr. Suss wanted the elections safeguarded. He announced there is climate change, the world was at a point of no return, and many young people will suffer from what is going on. He recalled the head of the country made racist remarks. Mr. Suss expressed his opinions regarding the President comparing him to a dictator. He advised something must be done. If in 2020 he wins, the country is doomed. He urged all not to be complicit. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Katz nominated Shaquira Young as an alternate on the Education and Youth Advisory Board. Commissioner Romelus seconded the motion that unanimously passed. Motion Commissioner McCray nominated Wilky Briette as an alternate on the Education and Youth Advisory Board. Commissioner Romelus seconded the motion that unanimously passed. B. Request to move September 3rd Commission meeting to Thursday, September 5th at 6:30 p.m. at Intracoastal Clubhouse Park to hold the First Public Budget Workshop for FY 19/20 budget. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. 4 Page 149 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 Vice Chair Katz announced a Special City Commission meeting on Tuesday, September 10, 2019 at 6:00 p.m. at Intracoastal Park Clubhouse to adopt the Final Fire Assessment for FY 19/20. This meeting will be held immediately before the CRA meeting. Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion that unanimously passed. Vice Mayor Katz asked why the City Commission had to change the meeting dates. Lori LaVerriere, City Manager, explained the City is prohibited from scheduling its budget meetings if they conflict with the Palm Beach County Board of County Commissioner budget workshops or the Palm Beach County School District workshops. The regular City Commission meeting on September 3rd was a workshop so the meeting was moved to Thursday. The Fire Assessment schedule is dictated by Statute and the City will be required to have a special meeting to adopt the Resolution for the Fire Assessment. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager "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 II (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 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. 5 Page 150 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 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. Commissioner Penserga pulled Item 6C. C. Proposed Resolution No. R19-074 - 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. Ms. LaVerriere explained Mayor Bev Smith and Village Manager Rich Reade, from the Village of Palm Springs were seeking the City's support for their request to the Board of County Commissioners to create a Community Redevelopment Agency. About a year ago, the City adopted a similar resolution in their attempts to go before the Board and at that time, the resolution was unsuccessful Mr. Reade introduced Bev Smith, a 20-year, hardworking public official and announced the Village of Palm Springs needs help from all the communities in the form of a Resolution. They need jobs, investments in their community and resolution of issues that have occurred in areas around the Village. If they do not have the Tax Increment Financing, they cannot grow the community. Supporting the Village will help the entire region. Ms. Smith looked to the City for support and commented the Village looks up to the City as they are a model city with the CRA. Her mother was born in Boynton, and the 6 Page 151 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 City has done an incredible job. She hoped the County would approve their request for a CRA. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. Mr. Reade praised Ms. LaVerriere as a great ambassador for the City in the County and the State and thought she was probably one of the best in the State. He appreciated her and all she does. Motion Commissioner Penserga moved to approve the remainder of the Consent Agenda. Commissioner McCray seconded the motion that unanimously passed. 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. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. 7 Page 152 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 8. Public Hearing 7 P.M. or as Soon Thereafter as the Agenda Permits The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None. 9. City Manager's Report Commissioner McCray noted there are new employees. Mara Fredrickson, Finance Director, introduced new Purchasing Manager, Randy Wood from the City of Riviera Beach. Mr. Wood thanked all for the opportunity to serve the City and he was very excited to work for Boynton Beach. He originally retired from the Tennessee Valley Authority as a contracts manager. He took a year off and was a procurement officer for the Chattanooga Housing Authority. He moved to Florida, was with FPL and retired, got married, had a child and is now back in the workforce. He was fortunate to get contractor position in Riviera Beach. He enjoyed his time there, but wanted to explore opportunities. He was made aware of the opening in Boynton Beach, applied for the position, and now looks forward to using his skill sets for the City. He was born in Alabama, and then lived most of his life in Tennessee. Ms. LaVerriere introduced Lauren Linville, the new Human Resource (HR) Administrator. She has a strong HR background with most of her service in the Coast Guard and she is a veteran as well. Ms. Linville explained she was in the Coast Guard for 14 years, stationed in Miami Beach and she is still in the Reserves. She will take a command position in Massachusetts and will fly to Cape Code on a quarterly basis. Her background is in administration with a strong background in emergency management. In three years, she was deployed seven times in support of natural disasters. Ms. LaVerriere met her at a Florida City and County Manager's Association networking event at FAU with Masters of Public Administration students. Ms. Linville was there and Ms. LaVerriere mentioned Boynton Beach has outstanding opportunities and she should check the website. Commissioner Romelus welcomed her and thanked her for her service. 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. Ms. LaVerriere explained during the workshops, there was discussion about programs the City would like to expand. It was a strategic initiative to engage youth throughout the City. The Utilities Department had an outstanding program and the Police and Fire are active with youth programs. The City found a funding source from the Christ Fellowship Donation the City Commission receives each year. There were discussions held with the 8 Page 153 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 Church about the tax loss the City would sustain when the Church came to the mall, and the Church committed to partnering with the City. On their own, they have been donating $25K to the City in lieu of taxes. The Churches only request was that they do something meaningful with the funds and serve the underserved in the community. Ms. LaVerriere was speaking with Commissioner Penserga about how to use the funds and two programs came to mind. One was an expansion of the Fire Explorers program, which could accommodate about 35 youth, and a female mentoring program, and a Teen Summit in the Police Department. The City could use the funding in the account to sustain the programs on an annual basis. The fund has about $175K. Commissioner McCray was on the Board when Christ Fellowship was before them. He had not heard anything about the use of the funds and was happy the City was investing in its youth. He favored spreading the funds around. Commissioner Penserga commented the programs arose from a discussion with Pastor Bob Bendor. Commissioner Penserga always felt government has its roles and limitations. The City cannot help every group, but with creative thinking, the City can expand on their good work. It is good to have community partners. By changing lives in the community, they are changing the lives of children. Michael Gregory, Police Chief, commented he was open about his philosophy about community policing. He is a progressive Chief and pursues activities to connect to the community. He was pleased there were a number of programs already in place, such as the Teen Police Academy, Police Explorer program, and Shop with a Cop. There were other elements he wanted to tie further tie into to reach children who cannot engage in parks programs, because of cost, inability to get to the program or other challenges. Youth have no positive activities to engage in during the summer and there is a rise in property crime, vandalism, and larceny during this time-period. Chief Gregory thought the Department could further their community policing mission with the youth by having the Teen Summit program. If approved, the program could start within the next three weeks before school commenced, spending three days a week with youth on planned scheduled activities with the officers and facilitators they would bring. There has been a fair amount of interest, as the Department has been informally reaching out to different entities to determine interest and the feedback was positive. The program would consist of workshops, classes that include guest speakers from Let's Get Motivated, physical training, anti-bullying and crisis interventions, introduction to social media to have positive versus negative contacts and conversations, character-building workshops, participation from a local karate club, Cross Fit training, drug awareness videos and basketball and dance classes. The budget is approximately $10K, which would include expenses for meals while they are with the officers and the cost of facilitators. There will be Zumba classes and tee shirts to identify youth from other students. If successful, the Department would roll the program into other times of the year when school is out. 9 Page 154 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 Commissioner McCray asked if the Department could use forfeiture funds and learned they could, but it would leave less funds for equipment purchases. Commissioner McCray expressed his support use some of the forfeiture funds for the program. Commissioner Penserga asked how they would recruit students. Chief Gregory explained there are youth and high school students that are not involved in structured programs east of 95, south of Gateway and north of Woolbright. There are local churches inside those boundaries. Staff and the NOP officers working with youth at the Hester and Sims Center know who the local families are. The program will start immediately. They have a preliminary budget and if the program is approved at this meeting, they could start next week after a full week of registration. Glenn Joseph, Fire Chief, explained when he worked in Boynton Beach, one initiative to grow internal candidates was to attract local people to become involved in public safety and especially fire service. During the last hiring round, three individuals from Boynton Beach were hired. The focus of the initiative was to try to recruit local talent. When Lieutenant Greg Jackson approached him to have an Explorer program, he told him to put the program together in writing and give it to him and they would look for funding. Lieutenant Jackson did a great job and they have Post 343. They marketed the program to churches and other locations to get youth interested. Staff put the program together in May, and approached the Board and started marketing the program. About 100 people showed up to the first open house and 45 students between the ages of 14 to 20 from all demographics including the Heart of Boynton filled out applications. The program originally was to have 15 students, but with the extra funds, they expanded it from 15 to 30. The limitation now is not City support; it is the amount of volunteers needed to make the program work. Staff will provide the participants with the initial equipment they need and show them prospects for future employment. The program will show the participants a different and good way of living. They will be taught to be a servant in the community and in the public, discipline and prospects for future employment. The Explorer program will begin in mid-August. The second program was a mentoring program for young women. Women account for about 4% of firefighters. The City of Boynton Beach only has 10 female firefighters. The Department wants to have a fun program with a long-term view and proposed to have a summer program for 14 to 18. year olds. The students would come in, hang around and meet women in Fire Service from all over to show them this profession is not just a male profession. The Department needs smart, strong, brave dedicated people to make public safety their goal or profession. Chief Joseph thinks the funds the program received will be sufficient and if they need more for a future expansion, they will ask for it. Deputy Chief Clemons is the originator of the program and she is the first Black female hired in the City and the first Fire Black Fire Chief, as she is a Deputy Chief right now. She has experience, knowledge, the commitment and motivation to make the program a success. The Explorer program will start mid to late August and the Mentorship Program for Women will begin next year. The Department budgeted $51K and the needed budget was about $22K. The Department was trying to raise money through donations. The program 10 Page 155 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 is now for 15 students so the extra money from the Church donations expanded the program from 15 to 30 candidates. Ms. LaVerriere explained the Commission was looking at about $30K in total for all three programs on an annual basis. The hope was to expand the Teen Summit to the winter and spring breaks, expand the Fire Explorer and offer the Mentoring program. Each year when the Church delivers the check, they meet and they were talking for a few years about programs. The donation was not intended to augment the General Fund or occasionally give small donations. The agenda item was just a way to seek consensus if the Commission wants staff to proceed and grow the programs. Commissioner McCray asked Chief Joseph if the Department was still seeking donations and learned they would. Pastor Bob Bendor from Christ Fellowship explained it is the Church's deepest desire to add value and they are a part of Boynton. He is blessed to be a part of the community in the Boynton Beach Mall. They like to see mentoring youth occur and they support the men and women who serve and protect who build bridges for at-risk youth. The programs can be pathways. Commissioner McCray thanked him and the congregation for keeping their word. Commissioner Romelus was excited, but noted they had programs similar to the Police Athletic League in the past that disappeared due to lack of funds. She wanted to ensure the programs remain regardless of the City's fiscal situation. She supported continuing to seek donations so the programs remain. The request was for about $30K from the existing fund. There were no objections to fund the items. Vice Chair Katz thanked the Church for the funds and advised the City will keep the Church updated. 3.B. Development Department to give brief presentation of their operations. (Commissioner Romelus left at 7:39 p.m. and returned at 7:42 p.m.) Mike Rumpf, Development Director, worked for the City for 32 years and has seen many benchmarks and a lot of growth. He gave a brief summary of his background noting his experience on both the staff and official level. A PowerPoint presentation was viewed showing the different divisions in the Department and an overview of the basic functions. Last year, Mr. Rumpf inherited a vision from his predecessor to implement a function or division in the Department to handle problem solving before issues escalated. It would cross over to other divisions and work with various staff members to address issues and evaluate the system. A core function is to issue Certificate of Use and Business Tax Receipt applications, as is customer service support. The Division processed 126 applications filed electronically. The Department is using some of the software in live situations with some applications to debug before exposing the software to the public and before renewing it in October. An issue previously discussed during the budget was a proactive identification of unlicensed businesses. Staff estimated a 20% increase in 11 Page 156 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 unlicensed business has been identified by having an inspector send the business to the City to process the application. The business is not disciplined but it is good to get the word out. By doing so, it adds the business to the regulatory system and increases City revenues. Development Services Administration encompasses customer support. Patsy Grissom assembled a customer support team for the application intake staff. This reduces the length of time individuals have to wait to be seen. He noted the lobby wait time was reduced by nearly half and on average for 15 minutes. He noted the Department handles 22K incoming calls annually. Staff had requested funds for personnel reclassifications and an additional part time individual to assist with phone calls. The Community Improvement handles the State Housing Initiative Program (SHIP) and the Community Development Block Grant (CDBG). The Division handles housing programs funded with state and local funds. It was noted the Division head was retiring and her assistant is being trained to handle the department on an interim, if not a permanent basis. It was noted CDBG funds could be used for reroofs, sod, windows, doors, painting and beautification. The Building Division is overworked. As the economy grows, permit activity increases. The Division handles the Community Rating System a/k/a National Flood Insurance Program. Building staff help to assess damage after a hurricane and has a short amount of time to report to the federal government what the damage was. The Department has plans examiners and inspectors and the Commission viewed the number of permits, plan reviews and inspections from 2015 to 2019. Mr. Rumpf explained these are all day-to-day activities. The Expedited Permitting Ordinance was originally written for larger projects to promote economic development. Part of the evaluation process will include what they can expand such as eligible applications. Staff was seeking to move projects along and streamline quick fixes or replacements without having to go through a thorough application process. There were over 22K inspections, and 19K permits. The City has a total of seven inspectors and they are all multi-discipline inspectors that handle plan reviews. The division currently has two vacant positions. The challenge is with the workload, they have five additional individuals that come in on a daily basis to assist. Having outside inspectors give challenges because the individual does not have the same inspector or have a relationship to help them through the process. Commissioner Romelus inquired about the vacancies. Shane Kittendorf, Chief Building Official, was interviewing four candidates and hoped to fill the two vacant positions. He noted they could really use three individuals to provide full service in-house as opposed to using the contracted inspectors. They could then use the outside inspectors to fill in when staff inspectors go on vacation. Ms. LaVerriere had intended to bring in a third inspector at the budget in September. In total, the one position would cost an extra $100K. Commissioner McCray asks who handles complaints when an inspector says to do something and no one else knows why. Mr. Rumpf explained the intent of the one new position is to be a point source. Saleica Brown, handles complaints, but she has a staff team to work with. 12 Page 157 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 Commissioner Romelus asked why there was no software for point of contact and learned the Division is getting there. They have an electronic system, but the software is not fully automatic. When submitting paper applications, only one person can review a plan at a time. If they have an automatic system, it goes into a bank so four different disciplines can review it at the same time. They are acquiring the system through a competitive bid. Mr. Kittendorf explained one reviewer conducts a review, the plan goes out with comments, comments are addressed and returned to the Building Department and then they review again. Staff will either have more comments or issue the permit. The Department is now implementing a checklist to assist with a thorough review because each reviewer has a different skill level of knowledge and understanding, and another plan reviewer will see different items and add other items on. The question is at what point should the reviewer stop applying the Codes and want everything on the plan. The goal is to educate the team and have a uniform complete process. When a reviewer reviews the plan, they should conduct a complete and thorough review, put everything in order so when the next reviewer reviews the plan, he will conduct the review based on the comments and then determine if there is compliance with the Code. The checklist will assist with that process, so no one will have to assume a review was not done. All want to protect their license and ensure the job is right. Workers need more training to unify operations and plan reviews are complete. Ms. LaVerriere asked the implementation date for the software. Mr. Kittendorf explained each company has a different time-period. Some companies ranged from two months for a quick implementation for a phased set up. Others were six months, and some longer than that. The Selection Committee planned to have an open review the week of August 12th. Commissioner McCray asked if the City checks with other municipalities to see if they have problems with the software and learned they do. Mr. Kittendorf will travel to Port St. Lucie on Thursday to observe their operation. Port Saint Lucie has a homemade system by Blue Bean and they currently have a 49% digital submission process. Commissioner McCray thought dialogue should be occurring about how to stop some of the complaints. Mr. Kittendorf explained he is active in the State Association every city is getting the same types of complaints across the Board. There is an industry shortage of professionals. The State has implemented an internship program targeting high school graduates. An individual 18 years old, if they can pass one of the trade discipline exams, can come under the umbrella of a building official, without having experience, and enter the internship program for four years. The building official would mentor the student through the four years to give them the experience they need to become a fully licensed professional. Board Member Romelus asked if there were surrounding municipalities that were further along than 49% of online plan reviews and permit submittals. Mr. Kittendorf explained Wellington really uses their system. They went from having six team members at the counter to one, and they have a call center in the back to assist customers. This has occurred with the Town Square project when everything came in digitally, was completed at the same time. The process took seven days as opposed to 30 to 40 based on the 13 Page 158 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 number of departments that have to review the plans. Quite a few cities have excelled in the digital world. Mr. Kittendorf speaks with Wellington weekly. Ms. LaVerriere explained there is no perfect software to cover the functions of the entire department. Boca Raton has electronic software. The system cost $200K, which was a challenge for the City, but now the City has to have the software. Commissioner McCray asked how much staff time the Town Square project uses and learned the Department has one person dedicated to the project, who is Mike Gregorchik. He is also one of the most knowledgeable inspectors. Mr. Rumpf explained if the public is not going to the Department for a building matter, they are coming to Planning and Zoning to learn how they can develop the land. Planning and Zoning handles special projects including Code Amendments, Land Development Regulations evaluations and they help with the updates for the community standards minimum property standards. Staff reviews projects against objective and subjective standards with the goal to provide for the best project possible. Planning and Zoning updated the CRA Plan, handles medical studies and long range planning. Mr. Rumpf assembled a small team to review the development application review process and participated in a webinar about how to conduct the review. Staff is looking at best practices, mainly in Gainesville, who was featured in the Florida American Planning Association Conference. A flowchart was viewed showing the process from pre-submittal through the staff review period, which takes about two months. The Public Hearing process begins with an advisory board review, and then City Commission review. Permitting, construction, inspections and project completion follows. Mr. Rumpf advised the public and applicants know the Division is subject to complaints, but knows that staff has an in-depth understanding of where the problem is and is trying to solve them. Commissioner Romelus asked if the Department was adding any customer success management software. Mr. Rumpf replied the Department is improving communication, education and training practices, and implementing policies and procedures for staff and the applicants to quicken the process. Mr. Groff explained staff wanted the Commission to consider whether they wanted customer feedback in the process. Mr. Rumpf reviewed areas of concern as contained in the meeting materials. Codes lead to disputes over jurisdictions. Often the manual process is to blame. The Building Board of Adjustments and Appeals is available to appeal disputes regarding the building codes, and meets when needed. An electronic system would solve the issue. Inspections are sometimes conducted while there is still an ongoing plan revision. This occurs with outsourced inspectors who are not communicating efficiently. Mr. Rumpf explained staff is only 45 days into the study and some issues are very clear. Staff is coming up with possible solutions using best practices and staff ideas. If staff changes the procedures or policies, they can get the word out. Staff updated the City's 14 Page 159 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 website. The Department is not as online as it could be and staff was contemplating using some type of chat site and virtual meetings. Staff wants to have a system in place this year. He noted the City is days away from implementing the electronic online permitting, which will have significant effects on wait and efficiency. An increased use of builder affidavits may reduce the Department's workload. Mr. Rumpf explained the Development Application Review Team (DART) process. If all is in order and there is no need for revisions, then an analysis and a report is prepared and it proceeds to the Planning and Development Board, saving two to three weeks. If staff could generate the staff report quicker and send it to DART, the processing time is reduced by a week. Commissioner Romelus queried if an applicant will pay a fee for an expedited review. Mr. Rumpf explained there are rules and certain projects that qualify. Mr. Kittendorf has also thought about a fee commensurate with expediting projects. There are a few ways to accomplish this under the Expedited Permitting Ordinance enacted in 2015. Other ways to streamline the process is to make a change in the Land Development Regulations redefining major and minor site plan reviews. Depending on whether the project meets the criteria for a minor or major plan determines if the plan has an administrative review only or if it goes to the Planning and Development Board. Mr. Rumpf advised that compared to other cities with expedited permitting, some cities are limited to a printed process, but Boynton is not. The City's process pertains to both the site plan and permit stages in the development review process. The Ordinance was amended twice; first to include affordable workforce housing and then for sustainable development. There will be priority reviews, and a seven-day permit review period. There is a conflict resolution process. Mr. Groff advised staff would bring back recommended changes and ideas on how to expand the categories. The City wants industry and jobs. Commissioner Romelus requested a list of eligible businesses. Mr. Rumpf explained when staff asks for additional employees, staff compares the City to other cities. Mr. Kittendorf reviewed the issue last year as it pertained to inspectors and plans reviewers. Boynton Beach is the third largest city in the county, but compared to others, the City has less plans examiners and inspectors. Boynton has seven plans examiners and inspectors, Delray Beach has 10 and Boca Raton has 13. Ms. LaVerriere noted Boynton had higher staffing levels before the downturn of the economy and laid off several employees. The Department has been cautious in its recovery and thought they could rely on contract employees because the City did not want to hire individuals and then have to lay them off. The Department's experience in relying on contract work has created more trouble than it has helped. She thought the City may want to evaluate if they want to hire more staff and did not anticipate hiring many employees. In the meantime, Mr. Kittendorf will explore technology. 15 Page 160 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 10. Unfinished Business - None 11. New Business A. Vice Mayor Katz has requested to discuss the Dogs on the Beach in the future Motion Commissioner Romelus moved to table to the next meeting. Commissioner Penserga seconded the motion that unanimously passed. 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. Attorney Cherof read Proposed Ordinance 19-020 by title only on second reading. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vice Chair Katz opened public comment. No one came forward. Deputy City Clerk Nieves called the roll. Vote The vote was 4-0. 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. Attorney Cherof read Proposed Ordinance No. 19-021 by title only on second reading. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. 16 Page 161 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 Vice Chair Katz opened public comment. Mr. Suss advised he lives on the corner of the project site and asked how the project will affect traffic. Vice Mayor Katz explained there turn lanes will be created to ease traffic into the new Wawa. Deputy City Clerk Nieves called the roll. Vote The vote was 4-0. C. Proposed Resolution No. R19-075 - Approving the Solid Waste rates and charges for residential and commercial customers. Attorney Cherof read Proposed Resolution No. 19-075 by title only. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. D. Provide Commission update on Quantum Park Overlay Dependent District. Attorney Cherof commented there was a significant development. Colin Groff, Assistant City Manager, is the Chair of the Quantum Park Overlay Dependent District and he participated in the Board meetings and hearings associated with dissolution of the District. Mr. Groff advised the District owns property in Quantum Park including a few preserve areas and seven stormwater facilities. Two months ago, the District approved disposing of the property to the City as long as the City conducted a full inspection of all the facilities. The City developed a list of repairs the District needs to make before the City accepts ownership, which the City approved. The District also voted to set aside the money to finish the repairs. When that is complete, the District voted to dissolve itself and proposed an Ordinance to sunset the District by September 30, 2020, or sooner. The first thing the City wants to do is transfer the property and then address the debt service. As soon as the property transferred, the majority of the funds left in the District would pay the debt. Once paid, the assessments will stop and the District would be dissolved. Mr. Groff believes there is enough money to pay off the debt immediately. The District also voted to reduce the assessments to the property owners by 50% next year just to cover any excess debt. The District is ready to close as a Special District. The City has reviewed the property. Mr. Groff commented in the long run, it is good for municipal government to handle stormwater facilities as long as the repairs are done and the facilities are in good shape 17 Page 162 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 2019 when they are transferred, or there is an account set up to pay for the repairs before the transfer. Attorney Cherof explained he received a draft Ordinance that would accomplish what Mr. Groff explained two weeks ago, which was drafted by the Attorney for the District. The Ordinance would move forward to the City Commission for review with significant backup information on what would occur to the properties involved and an analysis on what the outcome would be and options to the outcome. It would probably be ready for the Commission in about a month. Commissioner McCray asked if the City would incur some expenses and learned there would. All in the District pay stormwater fees to the City and to the District. Some fees will cover the additional cost to maintain the stormwater ponds. The City would also acquire a sand pine preserve, which needs maintenance, but there is a plan to combine it with City parks for future development. The acquisition would add about 19 additional acres of green space. The adoption of the Ordinance will affect the timeliness of project Next. The project can move forward when the City obtains ownership of the property adjacent to the subject site. Vice Mayor Katz commented the issues with the District has been debt, lawsuits and parks. The lawsuit do not exist. Attorney Cherof clarified there is one lawsuit pending that has one count that involves the City, but it is completely without merit. He agreed with Vice Chair Katz that the cases are over. Mr. Groff explained the District's Board Attorney agreed the cases are over. Vice Chair Katz, thought the last issue was the potential activation of a proposed Eco Park. He requested when the discussion of the Draft Ordinance comes back, the City Attorney advised of the City Commission's options are. He was interested in, if dissolving the District, seeding activation of the park, because then it is the City's responsibility to fund the park. He thought the City could retire the debt, but maintain the Special Taxing District long enough to generate the revenue to start the park and seed some funds for maintenance for some years. Mr. Groff commented the District Board is still discussing the matter, but has not made a decision. Even with the 50% reduction, the revenue generated next year will be just over $550K. Vice Mayor Katz appreciated Mr. Groff's work and the work the City Attorney did for the project. Commissioner Penserga asked when the next meeting would be held and learned it was a week from Thursday the 25t". Commissioner Romelus also thanked Mr. Groff. Mr. Suss praised the Commission. 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 18 Page 163 of 436 Meeting Minutes City Commission Boynton Beach, Florida July 16, 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 Motion There being no further business to discuss, Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. The meeting adjourned at 9:00 p.m. City of Boynton Beach Mayor - Steven B. Grant Vice Mayor— Justin Katz Commissioner - Mack McCray Commissioner— Christina Romelus Commissioner— Ty Penserga ATTEST Queenester Nieves Deputy City Clerk Catherine Cherry Minutes Specialist 19 Page 164 of 436 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 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 August 06, 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 AMOUNT SOLICITATION NUMBER TERM PRIMARY: ASPHALT& 010-2512-18/TB AUGUST 08, $3,000,000.00 ATLANTIC SIDEWALK 2019 THRU SOUTHERN REHABILITATION AUGUST 07, PAVING AND 2020 SEALCOATING LLC SECONDARY: M&M ASPHALT MAINTENANCE, INC. DBAALL COUNTY PAVING HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age, they are requiring more maintenance (i.e. pothole and crack repairs). The renewal of these contracts extending the term an additional year will allow staff to continue the process of rehabilitating the City's roads and thus add 15+ years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. The agreement documents allow for two (2) additional one (1) year extensions and approval is requested to extend the term of the contracts for an additional one-year period thru August 07, 2020, which will allow for continued uninterrupted service with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted. Each requirement processed against this open- Page 165 of 436 end contract will be funded by the appropriate funding source at the time of release. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum REQUESTS FOR BID EXTENSIONS D Addendum ATLANTIC SOUTHERN RENEWAL AGREEMENT LETTTER D Addendum ALL COUNTY PAVING RENEWAL AGREEMENT LETTER Page 166 of 436 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 06, 2019 REQUESTING DEPARTMENT.PUBLIC WORKS DEPARTMENT CONTACT.Andrew Mack TERM:August 08,2019 to august 07,2020 SOURCE FOR PURCHASE:Agreement(Award Bid No. 010-2512-18/IT) ACCOUNT NUMBER:Each requirement processed against this open-end contract will be funded by the appropriate funding source at the time of release. VENDOR(S)Atlantic Southern Paving and Sealcoating,LLC of Sunrise,Florida as Primary Vendor and M&M Asphalt Maintenance Inc.dba All County Paving of Delray Beach,Florida as Secondary Vendor ANNUAL ESTIMATED EXPENDITURE:$3,000,000 DESCRIPTION: On August 07, 2018, City Commission approved the award of Bid No. 010-2512-18/IT forAsphalt and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00. The Agreement allows for two(2)additional one-year renewal terms under the same prices, terms and conditions. The vendor has agreed to renew the Agreement for an additional one-year term. The City Boynton Beach Finance/Procurement Services i « P,0, Box 310 Boynton Beoch, Florida 33425-0310 Telephone No; (561) 742-6310 rt FAX: (561)742-6.316 ,July 18, 2019 BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18117 CURRENT AGREEMENT TERM: AUGUST 8, 2018—AUGUST T, 2019 Agreement between the City of Boynton Beach and Atlantic Southern Raving & Sealcoating LLC AGREEMENT RENEWAL TERM: AUGUST 8, 2019—AUGUST 7, 2021 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) Atlantic Southern Paving & Sealcoating LLC. NAME OF COMPANY SIGNATURE NAME CP RPFI=SEN ATIVE TITLE. (please print) r IT DATE (AREA CODE) TELEPHONE NUMBER E-MAIL Page 168 of 436 America's Gotewoy to the Gulf Stream City The Boyntion Beach FinanceJPrvcurement Services P.O. Brix 310 Boynton Beach, Florida 3342.5-0336 Telephone No (561) 742-6.310 FAX (56.1) 742-6336 July 18, 2019 Michael Curry, President Atlantic Southern Paving & Sealcoating LLC 63011 W. Sunrise Blvd, Sunrise, FL 33313 VIA EMAIL TRANSMITTAL To: mjamescurr@aatlanticsouthernpaving.corn BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18/lT' CURRENT AGREEMENT TERM: AUGUST 8, 2018—AUGUST 7, 2019 Dear Mr, Curry: The current agreement term for the".ASPHALT AND SIDEWALK REHABILITATION" expires August 7, 2019 The agreement documents allow for two (2) additional one (1)year extensions and we would like to extend the hid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer„ Buyer at (561) 742-6318. Sincerely, .,1,- 0- A4.UQ Tim W. Howard Assistant City Manager-Administration cc: Gary Dunmyer, MBA, P.E. City Engineer Central File File Page 169 of 436 America's Gateway to the Gulf Stream The City of Boyratan Beach Finance/Procurement Services P.U. Box 310 Boynton Beach,Florida 33425-0310 Telephone No, (561)742-6310 FAX: (561)742-6316 July 18, 2019 Jeffrey Cohen, Vice President M&M Asphalt Maintenance, Inc. d/b/a All County Paving 1180 SW 10 Street Delray Beach, FL 33444 VIA EMAIL TRANSMITTAL TO: PUBLICWORKS ALLCOUNTYPAVING COM BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-1811T CURRENT AGREEMENT TERM: AUGUST 8, 2018—AUGUST 7, 2019 Dear Mr. Cohen: The current agreement term for the"ASPHALT AND SIDEWALK REHABILITATION" expires August 7, 2019 The agreement documents allow for two (2) additional one (1)year extensions and we would like to extend the bid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to rnarmereCbbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561) 742-6318. Sincerely, - 0- AA�Q Tim W. Howard Assistant City Manager-Administration cc: Gary Dunmyer, MBA,, P.E. City Engineer Central File File America's Gateway to the Gulfstream Page 170 of 436 1 he City o Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 July 18, 2019 BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18/IT CURRENT AGREEMENT TERM: AUGUST B, 20018-AUGUST 7, 2019 Agreement between the City of Boynton Beach and All County Paving AGREEMENT RENEWAL TERM: AUGUST 8, 2019–AUGUST 7, 2020 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 wash to renew the bid for the following reason(s) All County Paving NAME OF COMPANY —SI G AT R cc C NAME OF REP ESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER U ," ?CA V f C, E-MAIL America's Gateway to the Gulf Stream Page 171 of 436 10.A. UNFINISHED BUSINESS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Commissioner Penserga is requesting the Commission reconsider the following action the Commission took on July 2, 2019: Award of Insurance Broker Services, RFP 017-1710-19/MFD. EXPLANATION OF REQUEST: Commission Action: PROPOSED RESOLUTION NO. R19-069- Authorize the City Manager to enter into a three (3) year agreement with Risk Management Associates dba PRIA for Insurance Broker Services. The estimated total three (3) cost of$127,500 Staff Recommendation: 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 Contract Term: July 3, 2019 thru July 2, 2022 On May 14, 2019, Procurement Services opened and tabulated three (3) proposals for Insurance Broker Services. The proposals were reviewed by an evaluation committee consisted of representatives from Human Resources and Finance. The committee recommended The Gehring Group based on the evaluation criteria listed in the RFP. The scores are as follows: Gallagher 245 total points Risk Management Associates 262 total points The Gehring Group 268 total points The contract is for three (3) years with two (2) one-year renewals at the same terms and conditions with an increase in cost of 2.5% for each renewal year. The renewal is 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? To provide insurance broker services for the city. FISCAL IMPACT: Budgeted Page 172 of 436 Funds are budgeted for an annual expenditure of$70,000. ALTERNATIVES: To not approve and seek alternate methods of brokering insurance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving three (3) year Agreement D Resolution with The Gehring Group for Insurance Broker Services D Agreement Insurance Broker Agreement D Addendum Tabulation Sheet D Addendum Summary of Scores D Addendum Gehring Proposal D Attachment Risk Mgmt Assoc Proposal Page 173 of 436 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A THREE YEAR AGREEMENT WITH 6 THE GEHRING GROUP, INC., OF PALM BEACH GARDENS, 7 FL FOR RFP NO. 017-1710-19/MFD FOR INSURANCE BROKER 8 SERVICES IN THE ESTIMATED TOTAL THREE YEAR COST 9 OF $210,000 FOR THE INITIAL PERIOD COVERING JULY 3, 10 2019 THRU JULY 2, 2022; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, on May 14, 2019 City staff opened and tabulated three (3)proposals 14 to RFP No. 017-1710-19/MFD for Insurance Brokerage Services; and 15 WHEREAS, the proposals were reviewed by the evaluation committee and The 16 Gehring Group is recommended based on the evaluation criteria in the RFP; and 17 WHEREAS, the Agreement is for three (3)years with two (2) one-year renewals 18 with an increase of 2.5% for each renewal year; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff, deems it to be in the best interest of the citizens and residents to 21 approve and authorize the City Manager to sign an Agreement with The Gehring Group, 22 Inc., of Palm Beach Gardens, FL for RFP No. 017-1710-19/MFD for Insurance Broker 23 Services with an estimate three year cost of$210,000 for the initial period covering July 24 3, 2019 thru July 2, 2022. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, S:\CA\RESO\Agreements\Insurance Broker Services (Gehring)-Reso.docx Page 174 of 436 31 hereby approves and authorizes the City Manager to sign a three(3)year Agreement with 32 The Gehring Group, Inc., of Palm Beach Gardens, FL for RFP No. 017-1710-19/MFD for 33 Insurance Broker Services with an estimate three year cost of $210,000 for the initial 34 period covering July 3, 2019 thru July 2, 2022, a copy of the Agreement is attached hereto 35 and incorporated herein as Exhibit"A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of , 2019. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 VOTE 52 ATTEST: 53 54 55 Queenester Nieves 56 Deputy City Clerk 57 58 59 (Corporate Seal) S:\CA\RESO\Agreements\Insurance Broker Services (Gehring)-Reso.docx Page 175 of 436 PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INSURANCE BROKER SERVICE THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and The Gehring Group, hereinafter referred to as "the Broker', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The BROKER is retained by the City to perform BROKER SERVICES in connection with the project designated. 2. SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Broker to proceed. Broker shall perform all services and provide all work product required pursuant to this Agreement effective April 1, 2014. 4. TERM. This Agreement shall be for a period of three (3) years commencing upon the giving Agreement is executed by the City, with optional renewals for two (2) one-year periods at the discretion of the City based on mutually agreed upon rates. 5. PAYMENT. The Broker shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The total contract price, $210,000, shall be the total amount of payment to Broker for services provided under this Agreement for the entire term of the Agreement b. Payment for the work provided by Broker shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Broker shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Broker may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Broker in the amount approved. d. Final payment of any balance due the Broker of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Broker's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 1 Pagc, Page 176 of 436 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Broker in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Broker shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Broker's endeavors. 7. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Broker's own employees, or damage to property occasioned by a negligent act, omission or failure of the Broker. 9. INSURANCE. The Broker shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Broker nor any employee of Broker shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Broker, or any employee of Broker. 11. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Broker, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Broker, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 2 Page 177 of 436 12. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Broker. b. In the event of the death of a member, partner or officer of the Broker, or any of its supervisory personnel assigned to the project, the surviving members of the Broker hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Broker and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to INSURANCE BROKER shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 3 Page 178 of 436 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US 4 Page 179 of 436 20. 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. DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary 5 Page 180 of 436 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] 6 Page 181 of 436 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page 182 of 436 S q � 0 q m ¢ 2 z n ) . cl ( / j & ( / ( §))\ - \ �\ cl \ / / ! / / / / [ / / \ \ / § /2 \\\\\ \ | !7!a! { \ \_ \ \ \ \ cl ) i - b 2 \ : \ ) ! (§ § / ) { ) - ( U) o o ! > / | ; / | - Of o / ! 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Risk Management Resource Library (2) GEHRING Enwom,GR0UP Tab 1 : Introduction Letter/ Statement of Interest The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name,address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. (3) GERING .'GR0UP — GEHRING Corporate Headquarters 561.626.6797 oh,icc WA4200 Northcorp Parkway,Suite 185 800.244.3696 toll free GROUP Palm Beach Gardens,FL 33410 561.626.6970 fax EMPLOYEE BENEFITS I RISK MANAGEMENT May 13, 2019 City of Boynton Beach Finance/Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Re: RFP No.017-1710-19-MFD—Insurance Broker Services Dear Evaluation Committee Member: Gehring Group is pleased to provide this proposal in response to the City of Boynton Beach's RFP #017- 1710-19/MFD for Insurance Broker Services. Since 2014, we have diligently served the City in many areas of need for Risk Management, Safety Education, Property & Casualty and Workers' Compensation insurance services. In that time, we have developed an intimate knowledge of the City's operations, a firm understanding of its unique risk philosophies and a strong working relationship with City Staff. We are excited about the opportunity to submit this response for consideration and express our sincere desire to continue our successful relationship with the City of Boynton Beach. Gehring Group has been servicing the Florida Public Sector Community for over 25 years. Through our extensive industry experience as a consultant/broker for over 80 Florida public sector entities' various risk management and insurance programs, we are confident that our firm would continue to offer the City efficiencies and a service standard that would not only meet but exceed the City's expectations. It is important to note that Gehring Group is a completely independent company. We do not have a fund that we or any related entity holds, we do not sell related-party insurance products, and we do not accept awards for the placement of premiums with carriers. This decision to remain independent is in line with our values of integrity and transparency. Our objectivity and unbiased, independent status which has allowed us to become the premier brokerage firm in the state exclusively specializing in public sector, with direct administrative access to multiple public entity trust markets including, The Preferred Governmental Insurance Trust and the Florida Municipal Insurance Trust. Gehring Group's core services have been designed to meet and exceed those requested in the description of Insurance Broker Services outlined in the City of Boynton Beach's RFP#017-1710-19/MFD. We anticipate these services will include but are not limited to:coordinating and/or servicing all lines of the City's property and casualty insurance coverages, risk management valuations, procurement of insurance, monitoring regulatory and compliance issues, continuous examination and review of claims data, and overall risk management and administrative support. Additional considerations are outlined below: (4) GEHRING E®GR0UP page I BA pf 4p,-4 Gehring Group specializes in servicing public sector entities with a myriad of exposures. Our comparable client base will provide the City with the benefit of our experience when reviewing responses from all insurance markets and risk services. Asan independent organization,Gehring Group will review all markets and programs on behalf of the City and always represent the City and its interest, not those of the insurance carriers or trusts. Gehring Group has experience with the FEMA recovery process should the City find itself with losses from a catastrophic event. Our first-hand experience and knowledge of FEMA offers efficiencies and maximum recoveries. We prepare, provide and present creative and informative risk management and loss control services and materials that clearly illustrate pertinent information to individuals who are not normally involved in insurance and risk management issues. Gehring Group is unique in that we are public sector specialists, and we have been for 25 years.As a matter of fact, public sector is our sole focus —we oversee, coordinate, design, implement, analyze and service comprehensive insurance programs for public sector organizations. We are fortunate to have built a deep bench of experienced experts, and to have developed resources and carrier/professional relationships, allowing us to provide exceptional insurance consulting services and guidance regarding legislation applying to governmental employers. Gehring Group has enjoyed a successful relationship that has benefited the City since 2014. During this time, Kurt Gehring, CEO and Rodney Louis, Senior Risk Management Consultant, along with the depth of an experienced team, have guided the City proactively in insurance consulting and risk management solutions in order to achieve efficiencies and capitalize on cost saving opportunities. While serving in our capacity as Insurance Consultant and Broker for the City for its property and casualty insurance programs, Gehring Group performed all of the services outlined in the current scope of services while also providing additional proactive solutions and services which have achieved substantial savings to the City, including: • Education and Training City Staff • Online Safety Training Services • Safety and Loss Control Services • Workplace Safety and Liability Assessment& Reporting • Safety Procedure Document Drafting • Secure Wind Insurance Coverage for 100%TIV of Coastal Cities • Risk Management Personnel • Asset Valuation Appraisals • Claims Advocacy Service • Data Analytics and Reporting • Contract Insurance Language Review and Drafting (5) GERING .'GR0UP In summary, Gehring Group meets and exceeds the minimum requirements of the City's RFP, and we are confident that we can provide the City of Boynton Beach with additional value and exceptional services. Our approach to the business as detailed in this proposal, coupled with our industry experience, market relationships and enthusiasm, make us a broker of choice for many public entities. We thank the members of the Evaluation Committee, in advance, for your review and consideration of our comprehensive response, and stand ready to provide any additional clarification or information requested. Sincerely, Kurt G ing, CEO (6) GERING .'GR0UP Tab 2: Statement of Organization / Executive Summary The Respondent shall provide the following information: A. Legal contracting name include any dba. The Gehring Group, Inc. B. State of organization or incorporation. Florida C. Ownership structure of Respondent's company (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation,Corporation). Corporation D. Federal Identification Number. 65-0361295 E. Contact information for Respondent's Corporate headquarters. Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 Phone (800)244-3696/(561)626-6797 F. Contact information for Respondent's Local office(if any). Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 Phone (800)244-3696/(561)626-6797 (7) GERING En,wom GR0UP G. List of officers, owners and/or partners or managers of the firm. Include names, business addresses, email addresses and phone numbers. Name Kurt N. Gehring Title Owner, President &Chief Executive Officer—Gehring Group Address 4200 Northcorp Parkway, Suite 185 Address Palm Beach Gardens, FL 33410 E-mail Address kurt.gehring@gehringgroup.com Telephone# (800)244-3696/(561)626-6797 Name Kathleen (Kate) Grangard Title Vice President, Chief Financial Officer& Chief Operating Officer—Gehring Group Address 4200 Northcorp Parkway, Suite 185 Address Palm Beach Gardens, FL 33410 E-mail Address kate.grangard@gehringgroup.com Telephone# (800)244-3696/(561)626-6797 Name Cindy Thompson Title Vice President of Operations—Gehring Group Address 4200 Northcorp Parkway, Suite 185 Address Palm Beach Gardens, FL 33410 E-mail Address cindy.thompson@gehringgroup.com Telephone# (800)244-3696/(561)626-6797 H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. Gehring Group employs a team approach to ensure that all clients always have an available resource. The following information outlines the Gehring Group team proposed for the City of Boynton Beach. These professionals along with an easily accessible leadership and our corporate philosophy regarding the Gehring Group's team approach provides assurance that our clients have access to experienced professionals who can be reached effortlessly and who can easily access client files to provide prompt resolution and responses to the City's inquiries at all times. Resumes for the service team listed below can be found in Tab 4 below. The proposed service team for the City of Boynton Beach includes the following personnel: Florida Insurance Years of Industry License# Experience President &Chief Executive Officer Kurt Gehring A094973 26 Senior Risk Management Consultant Rodney Louis A158924 21 Risk Analyst Paul DeSilva A066728 31 Claims Advocate Valerie Ensinger W316877 31 Account Manager Thomas Willins, CPIA A286779 31 Safety& Loss Control Officer David Daley, ARM N/A 17 Proof of Florida Insurance Licensing can be verified at https://Iicenseesearch.fldfs.com/. (8) GEHRING Enwom,GR0UP Gehring Group staff is comprised of experienced forward thinkers, with a client-first, focused service approach. We work with your risk management team to anticipate, identify, and mitigate exposures rather than react to them. This approach saves premiums by keeping experience mod rates in check,- and heck;and proactively approaching annual audits with an eye toward accuracy and efficiency. As forward- thinking professionals, our approach is to assist our clients in achieving their goals by being responsive and reactive in the short term, while being strategic thinking for the long term. Our"How Can We Help You" attitude keeps us an involved and fully available resource to our clients on a year-round basis.The staff that will continue to service the City of Boynton Beach personally has extensive experience assisting Public Sector clients including Counties, Cities, Special Taxing Districts, and Constitutional Officers with placing, maintaining, and servicing their risk management programs. Gehring Group's core services have been designed to meet and exceed those requested in the Scope of Services outlined in the RFP. We anticipate these services will include but are not limited to servicing all lines of the City's property and casualty insurance coverages, risk management valuations, procurement of insurance, monitoring regulatory and compliance issues, continuous examination and review of claims data, and overall risk management and administrative support. Additional considerations surrounding our services are outlined below: • Gehring Group specializes in placing insurance for public sector entities. Our comparable municipal client base will provide the City of Boynton Beach with the benefit of our experience when reviewing responses from all insurance markets. As independent brokers, Gehring Group will approach all markets on behalf of the City, and always represent the City of Boynton Beach and your interests, not the insurance carriers or trusts. • Our firm employs risk management and administrative professionals who have worked with and for public entities, allowing us to understand the specialized needs of implementing and managing public risk insurance programs. We understand the purchasing process and the timing of process which may need approval from a governing body, such as a City Commission. • Gehring Group is a leader and proponent of the need for accurate and concise property appraisals and maximum potential loss studies in order to maximize the total amount of insurance purchased. In the event of a catastrophe, this process helps achieve the maximum amount recoverable from any insurer and FEMA. This approach has been proven to be a beneficial approach for our public sector clients. • Gehring Group has experience with the FEMA recovery process should the City find itself with losses from a catastrophic event. This first-hand experience with, and knowledge of, FEMA offers efficiencies and maximum recoveries. • We prepare, provide,and present creative, informative risk management and loss control materials that clearly illustrates pertinent information to individuals who are not normally involved in insurance and risk management issues. I. Contact information for Respondent's Primary representative during this RFP process. Name Cindy Thompson, VP-Operations Phone (800)244-3696/(561)626-6797 E-Mail cindy.thompson@gehringgroup.com Mailing Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 (9) GEHRING En,wom GR0UP J. Contact information for Respondent's Secondary representative during this RFP process. Name Rodney Louis, Senior Risk Management Consultant Phone (800)244-3696/(561)626-6797 E-Mail Rodney.louis@gehringgroup.com Mailing Address 4200 Northcorp Parkway, Suite 185 City,State,Zip Palm Beach Gardens, FL 33410 K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested insurance broker services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. There are no potential conflicts of interest, and there is no pending litigation relating to the performance of requested insurance services in which Gehring Group, Inc. is party to. There are no circumstances where the conduct of Gehring Group, Inc. is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details ofany ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time(e.g., mergers,acquisitions,changes in executive leadership. There have been no ownership changes to Gehring Group, Inc. in the past three years or any changes in ownership anticipated within six months of the due date and time. (10) GERING En,wom GR0UP Tab 3: Minimum Qualifications & Requirements Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s). Failure to meet these minimum qualifications may deem your submittal non- responsive and ineligible for further consideration by the Selection Committee. a. Must be registered with the State of Florida,Division of Corporations to do business in Florida for at least five years. No documentation is required. The City will verfir registration. The Gehring Group, Inc. is a Florida corporation formed on October 6, 1992. b. In order to be considered responsive, the Respondent must be licensed as an insurance broker in the State of Florida. Respondent shall provide documentation of all required licenses, certifications, credentials of privileges and affiliations, curriculum vitae as well as other credentials or information in order to comply with this requirement. Gehring Group, Inc. is licensed as an insurance broker in the State of Florida as evidenced by the Insurance Licenses below. ______________________________________________________________________________________________________________________________________________________________________________________________________________________ p -RTM l" T of FINA, � �` '�� ' ,, GEHPJNG GROUP,E14C. 4200 NORTHCORP PARKWAY STE.185 PALM BEACH GARDENS FL 65036-1795 :agency License-NiTIIaber L08869I Location Plumber-126219 Issued On 0514!2014 Pursuant To Section 626.042 S,Florida Statutes,.Tluis Agency Location Shall Be In The Active Full-Time Charge OfA Licensed And Appointed Agent Holding The Required Agent Licenses To Transact The Lines Of Insurance Being Handled At This Locatimn. Pursmant To Subsection 626.172(4).Florida Stat tes.Eaca Agency Location Must Display The License Prominently In A.Manner That Makes It Clearly Visible To Any Customer Or Potential Customer Who Enters The Agency Location. det3'Atu..a4er GhiefFvaancisY Officer Stare of Florida Cn GERING ®GR0UP FLOREDADEPNT OF Fr�.XNCIAL SERNICES FLORMA IDE MMENT OF MWNCIAL SFRAICES AMWTA70EL GEIMEVG RODATTLOITS Limme,Vmber--109.1973 RLsident lnsuranr License lssue Date Resident bsurance Dense Issm Date '0120-SURPLUS LIKES 03:PM2003 '0214-LIFE INCL VARIABLE ANNU[TY GVWI91913 '0214-LIFE I NCL VARIABLE A14NU17Y 01,12121729 '00240-HE TH OWQ1004 0215-LIFE INCL VARANNWTY 9 HEALTH OV21112;79 -0220-GENERAL LINES(PROP&CAS) W07j'2004 '0258-LEGAL EXPENSE 0410212009 *0216-LIFE 41 18f '0218-LIFE&HEALTH '022D-GENERAL LINES(PROP&CAS) 0207'-1 WO 024D-HEALTH 1 blyQl 19 8 8 '0216-LIFE 111129111988 hu..T CWf11Z=a4QffAV S�dill-A. c. In order to be considered responsive,the Respondent must have experience with Florida municipalities with an annual premium in excess of$250,000.00. Respondent shall provide documentation with RFP submittal. The Gehring Group has been focused on serving Florida municipalities for over 25 years. Public-sector is not merely a division of our company's overall clientele; it is all of our company's clientele! We work with municipalities of all sizes and have many clients whose annual premium exceeds$250,000. Below is a list of just a few such municipalities. Annual Premiums Greater Than$250,000: Florida Municipality Verification Contact Information Boynton Beach, City of Keyla Miller; MillerK@bbfl.us; 561-742-6271 Charlotte County BOCC Janine Hewitt;Janine.Hewitt@charlottecjountyfl= 941-743-1244 Deerfield Beach, City of Dayana Gonzalez; DGonzalez@deerfield-beach.com; 954-480-4485 Dunedin, City of Theresa E. Smalling, PhD.; TSmalling@DunedinFL.Net; 727-298-3042 Wellington, Village of Tanya Quickel; tquickel@wellingtonfl.gov; 561-791-4113 d. In order to be considered responsive, the Respondent must have experience in providing brokerage/consultant services similar to those outlined in the RFP. Respondent shall provide documentation with RFP submittal. Since 2014, Gehring Group has served the City of Boynton Beach in its areas of need with regard to Risk Management, Safety & Loss Control, Education, Property & Casualty and Workers' Compensation insurance procurement. In addition, we have assisted the City with its safety program development, claims advocacy and contract insurance language. Gehring Group has also provided public-sector education and innovation seminars and trainings to further strengthen the knowledge and awareness of insurance, state &federal legislation, risk management, technology and compliance. e. In order to be considered responsive, the respondent must have annual commercial lines premium volume of$1,000,000 or greater. Respondent shall provide documentation with RFP submittal. (12) AIGEHRING Cirm,G R 0 U P Page 196 of 436 Annual Premiums Greater Than$1,000,0 Florida Municipality Verification Contact Information Charlotte County BOCC Janine Hewitt;Janine;Hewitt@charlottecouL t fl. ov; 941-743-1244 Dunedin, City of Theresa E. Smalling, PHD; TSmalling@DunedinFL.Net; 727-298-3042 Sarasota County Sheriff Lisa Kiesel; Lisa.Kiesel@sarasotasheriff.orE; 941-861-4205 Wellington, Village of Tanya Quickel; tquickel@wellingtonfl.gov; 561-791-4113 Gehring Group is Florida's largest public-sector employee benefits and risk management services broker. From that narrow focus of clientele, our current annual commercial lines premium is over $13,500,000. (13) GEHRING En,wom GR0UP Tab 4: Qualifications/ Experience of Proposer 1. The Respondent shall describe its qualifications and demonstrated experience with services of this scale and similar complexity. Firm History Incorporated in 1992, Gehring Group has been providing expert risk management consulting services to Florida public sector � clients for over 25 years and has 5 ;, grown to become one of the most respected insurance and risk 's management consulting agencies in the state. Gehring Group has experienced consistent growth year over year in staff and number of clients. Kurt Gehring remains 100% owner of the firm; therefore, decisions can be made quickly without the layers and red tape inherent in other firms. Gehring Group's philosophy is to provide a full range of superior brokerage and consulting services to each of our clients. We take an innovative, proactive approach to continuously enhance the quality of our performance level beyond industry standards by providing an unparalleled service philosophy and a dedication to protecting the financial assets of our clients. Gehring Group's team of experts strives to become informed of each client's risk philosophies and tolerances and to work diligently to produce the desired results. Our goal is for our clients to realize real dollar savings, while experiencing reductions in risk hazards and exposures through increased communication, awareness and availability of resources. Gehring Group currently employs 72 full-time staff members, five of whom work remotely throughout the state, and specializes in serving the public sector. Currently serving over 100 public sector entities, which encompass over 90% of the Gehring Group's client base, our firm is uniquely qualified in its understanding of public entity issues. Our risk management services include, but are not limited to: • Insurance Policy Marketing and Evaluation • Risk&Safety Assessments/Inspections • Claims Review and Dispute Resolution • Policy Analysis and Comparisons • Program Audit Verification of Assets and Coverages • Claims Administration • RFP Development and Proposal Evaluation • Contract Review and Consultation • Drafting of Policy and Safety Manuals • Loss Control and Safety Services • Claims Experience Rating Management • Council and Board Presentations At Gehring Group, we differentiate ourselves by going beyond traditional boundaries and by designing and managing fully integrated risk management and commercial insurance programs. Gehring Group has many competitive advantages that can add value and enhance the City of Boynton Beach's risk management program overall. (14) GERING En,wom GR0UP Public Sector Focus and Experience Having served over 100 public sector entities in Florida, Gehring Group has significant expertise in servicing all lines of property and casualty coverage for all types of public sector entities. Public Sector is not just a division of our firm — it's all we do. Our team has a comprehensive level of experience in conducting all phases of the procurement process, analysis and recommendation process for all types of insurance funding, whether fully insured or self-insured. Our involvement will be comprehensive as we compile the data for submission to the insurance market and work with the procurement division and risk staff to maintain integrity of the bid process. Our team has vast experience in the solicitation of all types of insurance, and we are confident that acquisition of various competitive options will be accomplished. Since the majority of Gehring Group's client base consists of public entities ourfirm is uniquely qualified in its understanding of public entity issues. We understand the bid process and public record laws while maintaining familiarity with the constantly changing and complex statutes that apply to governmental organizations. This specialized knowledge is especially vital when negotiating renewals and program changes with insurance carriers and insurance consortiums. The experience we offer guarantees that no piece of the risk management puzzle will be missing. Gehring Group's successful experience with public sector entities is further evidenced by the following list of additional clients for whom Gehring Group provides property and casualty consulting services: Current Risk Management Governmental Entity Clients Boynton Beach, City of Martin County BOCC Career Source of Palm Beach County Monroe County BOCC Charlotte County BOCC North Palm Beach, Village of Clerk& Comptroller, Palm Beach County Oviedo, City of Deerfield Beach, City of Palm Beach County Sheriff's Office Dunedin, City of Palm Springs,Village of Jupiter Island, Town of Sarasota County Sheriff's Office Keys Energy Services Tequesta,Village of Lake Park, Town of Venice, City of Mangonia Park, Town of Wellington, Village of Margate, City of West Palm beach Housing Authority Independent Status It is also important to note that Gehring Group does not participate in any provider relationships that would prevent us from acting independently and providing objective advice and guidance. We do not accept indirect compensation such as gifts or trips, and we practice full disclosure relating to all direct and indirect compensation. We are not affiliated with any particular insurance companies, third party administrators or provider networks. We do not have a fund or trust that we or a related entity holds, and we do not sell related third-party insurance products. This decision to remain independent is in line with our values of integrity and transparency. Our deliberate decision to remain unfettered to (15) GEHRING En,wom GR0UP other organizations means that our commitment to that which is in the best interest of the City of Boynton Beach will not waiver nor be influenced by external financial pressures. We make the transparent choice to drive our decisions surrounding expansion, service enhancement, technological development and talent acquisition around what we experience from working through challenges with the public sector. Gehring Group has a longstanding commitment to quality assurance that starts with a team of professionals assigned to each client,ensuring that client requests are responded to thoroughly,timely, and with expertise. Gehring Group continually brings on new talent, and strategically places newly acquired clients to ensure that the client to professional ratio is low, and that the complexity of the client is considered in the process. We have found that our clients' needs have grown as the economy has been burdened, and we have increased our staff to be responsive to these needs. Market Relationships We also have strong market relationships. We have positioned ourselves as the premier public entity service provider and are recognized throughout Florida as the largest public entity brokerage firm. This reputation for objectivity and professionalism has allowed us to develop dynamic working relationships with a vast number of excess and surplus insurance carriers, as well as with the state's admitted insurance carriers and permitted us to become the sole agency in Florida with administrative working access to multiple public entity insurance trusts, including Florida Municipal Insurance Trust and Preferred Governmental Insurance Trust. A relationship with a carrier that involves administrative access means that our agency is allowed to communicate directly with the insurance providers' various administrative divisions. This communication entails the ability to negotiate with, assist to create policy manuscript changes for your client, uncommon to the standard coverage forms usually provided by the carrier, advocate with policy adjusters and provide direction to them on behalf of the member, share reporting and service plans with loss control staff and represent our agency or our clients at exclusive, member-only forums and events, hosted by the trusts. Gehring Group's exclusive administrative access with FMIT has allowed us to negotiate coverages and premiums for our clients, even after initial proposals and coverage terms have been submitted. We have direct access to FMIT's staff and vendors to review and negotiate audit results, claims reserves and underwriting customizations. This relationship involves trust and respect in the itegrity of the members advocate and the knowledge that while the member's interests take precidence, they can rely on our agency to respectfully represent their program to our clients without any preconcieved bias. Gehring Group also enjoys similar administrative access with PGIT as an appointed company allowed to work with its staff members to negotiate, create, and advocate for the best coverage programs that best address our client's operations. Our relationship allows us to receive regularly scheduled updates form adjusters and the ability to discuss and influence important decisions such as claims reserves. The administrative access afforded Gehring Group by both FMIT and PGIT is a mutual collaboration of trust and admiration that creates opportunities for coverage maximization, customization at the most competetive annual cost for our clients. We only work with reputable, financially stable, solvent and highly rated insurance carriers. We take into consideration insurance company A.M. Best ratings in our goal of providing each client with the program that is most in line with the client's philosophy and budgetary constraints. The following is a (16) GERING Enwom,GR0UP list of insurance carriers(markets)to which Gehring Group has access to and with whom Gehring Group has a current relationship: CompanyAM Best AM Best Name of _ Name of Company _ ;Admiral Insurance Company A+ Kemper Corporation A- ................. AIG/National Union Fire Insurance Co A Landmark American Insurance A ;Allied World Assurance Co A Lexington Insurance A Allianz U/W Insurance Co A+ Liberty Surplus Insurance Company A Aliant Property Insurance Program NR Lloyds Of London Companies A American Safety Insurance A Midwest Employers Casualty CO. A+ ;Arch Excess &Surplus Lines Ins A+ Mt. Hawley Insurance A+ Arch Specialty Insurance A+ Mt.Vernon Fire A++ ;Aspen Specialty Insurance A National Fire & Marine A++ Axis Surplus Insurance A+ Nautilus Insurance Company A+ ;Burlington Insurance Co A North American Capacity A+ Catlin Specialty Insurance Co A Northfield Insurance A+ ;Chubb Custom Insurance A++ Nutmeg Insurance Co A Clarendon America Insurance NR Old Republic Union Insurance A ;CNA A One Beacon Property A u Colony Insurance A Pacific Insurance Companies A ;Crum & Forster A Philadelphia Insurance Co A++ Darwin Select Insurance A Princeton Excess &Surplus A+ Endurance American Specialty A QBE Insurance A ....... Essex Insurance Co A RLI Insurance A+ ;Evanston Insurance Co A Rockhill Insurance Co A Fireman's Fund Insurance A RSUI Indemnity A ;First American Specialty Insurance A Safeco Surplus Lines Insurance A First Specialty Insurance Co A St. Paul Surplus Lines Insurance A+ ;Great American E&S Insurance Co A Safety National Insurance Co. A Great American Fidelity A Steadfast Insurance Company A+ ;Gulf Underwriters Insurance A+ Tokio Marine A++ Hallmark Specialty Insurance A Torus Specialty Insurance A u ;Hartford Fire Insurance Co A Travelers Excess and Surplus Ins A+ ....... Hartford Steam Boiler A++ Tudor Insurance Company A+ ;Illinois Union Insurance Co A+ United National Insurance A Indian Harbor Insurance Co A United Specialty Insurance A Ironshore Specialty Insurance A Westchester Surplus Lines A+ Interstate Fire & Casualty A XL Select Insurance Co A ;James River Insurance A- Zurich American Insurance Co A+ ....... ....... ........ ........ ....... ....... ....... ........ ........ ....... ....... ....... ......... (17) GEHRING En,wom GR0UP Team Structure The following includes the proposed service team structure for the City of Boynton Beach. Gehring Group services each client under our team-based approach ensuring accessibility to staff at all times. These professionals, along with an easily accessed upper management staff and our corporate philosophy regarding our team approach, provides assurance that our clients have access to experienced professionals who are aware of, or can easily access their files, to provide resolution and answers continuously. Gehring Group's standard is to return a call promptly, generally within the same day; however, our clients enjoy the ability to always get a message to their service team who may be out of the office either through their cell phones or our administrative assistants. We hold a strong commitment to hiring talented high caliber professionals for our team and remaining on the cutting edge of industry innovation. Gehring Group's service team for the City consists of highly qualified personnel whose resumes include years of consulting for and servicing public sector clients. Your service team includes the following personnel: • Sr. Risk Management Consultant: Rodney Louis • Safety and Loss Control Officer: David Daley • Risk Analyst: Paul DeSilva • Claims Advocate: Valerie Ensinger • Account Manager: Thomas Willins Gehring Group does not employ commissioned producers. Since the creation of our firm, it has been our philosophy to serve our clients through a team of salaried, professional advisors, much the same as other professional services retained by the City, such as attorneys, architects, accountants or actuaries. As public-sector specialists, we understand the need to eliminate any semblance of impropriety and have experienced that our salaried adviser structure eliminates the potential for conflict of interest that may arise from a commissioned producer's personal financial situation and what should be in the best interests of the City. Gehring Group maintains a strong commitment to remain at the forefront of industry trends, new legislation, cutting edge benefits technology tools, and new types of insurance programs offered by insurance companies and third-party administrators to remain ahead of the curve. In fact, members of our qualified team are in high demand for speaking engagements at various HR, risk management and public sector associations meetings and conferences. Our service team organizational structure and team who will manage the project is represented as follows: (18) GEHRING .'GR0UP 1J1 t i a� �x �} rJ n t �1} r� aw At Gehring Group, we rely on our clients to be our references, and insomuch we work toward not only being excellent technicians but also excellent communicators and a valued resource for all their benefits needs. Our staff understands the value of our reputation and the importance of meeting our clients' expectations. We are always communicating not only with our clients, but also internally to ensure that we are on track with meeting client expectations and delivering quality service and expertise to each and every client. Gehring Group meets all minimum requirements as outlined in the City of Boynton Beach's RFP. Our staff members have the required experience in all areas outlined. Engaged, personalized account leadership is paramount to effective long-term client relationships. You will see that our passion for service shines through daily. Resumes for the above service team member professionals for the City of Boynton Beach are included on the following pages: (19) GERING En,wom GR0UP Team Resumes: Executive Staff: Kurt N.Gehring, President&CEO Professional Licenses: Life, Health&Variable Annuity,General Lines Property&Casualty Education: Florida State University Degree: B.S., Marketing Years in Industry:26 years Licensing: 2-20 General Lines(Prop.&Cas.);2-15 Life, Health&Variable Annuity; 1-20 Surplus Lines Florida Insurance License#A094973 Association Memberships:FGFOA, FPHRA, PRIMA,SALGBA, FAC, FASD, FERMA, FPELRA,The Council Kurt Gehring will be the Executive Staff assigned to the City of Boynton Beach. His extensive work over the past 26 years has placed him in direct communication with public sector agencies such as County Commissions, City and City Councils, Municipal Managers and all related bargaining units along with the employee body as a whole. This exposure provides unparalleled practical experience within a learned understanding of the local governmental environment. Mr. Gehring remains at the forefront of the insurance industry by staying up to date on industry trends, compliance issues, and innovative programs being presented by insurance companies and third-party administrators. Kurt founded Gehring Group with the mission of providing clients the highest level of service,exceeding not only industry standards, but also client expectations. Recognizing the inherent challenges in servicing organizations with a large number of employees, various contracting parties and insurance obligations, Gehring Group utilizes a unique, team-based approach customized to meet the specific needs of each client. Each Gehring Group employee makes an unprecedented effort to address each situation both promptly and effectively. The success of Gehring Group is a direct result of this promised and delivered, unparalleled service standard. Kurt is a highly regarded industry expert who is consistently called upon to speak and serve on panels at numerous public-sector conferences; where he consistently receives the highest accolades for his out of the box, engaging, and informative sessions. Senior Risk Management Consultant: Rodney Louis Professional Licenses:General Lines Property&Casualty, Life, Health &Variable Annuities Education: Florida State University Degree: B.S., Finance Years in Industry:21 years Licenses:2-20 General Lines(Prop.&Cas.);2-15 Life, Health&Variable Annuity Florida Insurance License#A158924 Affiliations: Public Risk Management Association; Risk Management Society;The Council Association Memberships:PRIMA, RIMS, FERMA,The Council As the City of Boynton Beach's primary Risk Management Services Advisor, Rodney will serve as the project manager for the City's insurance and risk management program. The City will benefit from Rodney's vast array of experience working with all of our public sector clients, servicing both their insurance and risk management programs. He has strong experience in servicing governmental entities whose risk programs are insured by trusts, layered markets, or a combination of both. (20) GEHRING En,wom GR0UP Rodney Louis, a Florida State Alumni, has been an insurance industry professional since 1997 and is licensed in property, casualty, life and health products. When he joined Gehring Group as an analyst, he brought with him 13 years of industry experience. His broad experience and extensive licensing provide our Gehring Group clients with an invaluable resource to assist in the development and recommendation of comprehensive,competitive risk program. Rodney spent the early part his career working for a national rating firm providing crucial analysis on the stability and creditworthiness of both the insurance and banking markets. Rodney then broadened his scope of the insurance industry by becoming licensed for property and casualty insurance. From 2003-2009, he was a managing partner of a full-service brokerage firm and managed their underwriting, agent development and program analysis divisions. In 2010, Rodneyjoined Gehring Group as a Risk Analyst. In his current position as Sr. Risk Management Consultant, he will coordinate and direct all of your risk services including, the strategic and budget planning analysis as it relates to the City's insurance programs or other risk financing instruments; reporting on loss control and safety procedures; contract language review and negotiation; legislative and market updates; policy manual drafting; claims advocacy; safety& liability site inspections and so much more. Rodney's primary function is to ensure that all necessary steps and procedures are accomplished while remaining involved in the continuity and effective outcome of all processes. In addition, he will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. He will also be available as needed for meetings with decision makers and is available to make presentations to executive staff and boards as required. Rodney's distinctive public-sector knowledge and professional experience is an invaluable asset to our clients providing peace of mind when unexpected needs may arise or as questions or concerns present themselves. Analytical, detailed, and proactive—Rodney is a valuable member to the employer organizations he services. Rodney's public-sector experience includes managing all lines of Property and Casualty coverage for such public-sector entities as the City of Deerfield Beach, Charlotte County Board of County Commissioners, City of Dunedin, Keys Energy Services, Village of Wellington, Monroe County BOCC, City of Boynton Beach and Palm Beach County Sheriff. RiskAnalyst:Paul H. DeSilva Professional Licenses:General Lines Property&Casualty Education: Florida State University Degree: B.S., Finance Years in Industry:31 years Licenses:2-20 General Lines(Prop.&Cas.) Florida Insurance License#A066728 Paul DeSilva will serve as the City of Boynton Beach's Risk Services Analyst. Paul will be responsible for overseeing all aspects of the analytical services functions including compiling all claims and trend data to design relevant reporting, present the City to the insurance market and provide evaluation and recommendations to the City on all lines of property and casualty insurance coverages proposed. Paul will assist Rodney with the marketing, renewal, recommendation and presentation of all risk management and property and casualty insurance programs for the City. In addition, he will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate (21) GEHRING Enwom,GR0UP future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. Paul's services to the City will include but are not limited to: • Evaluation of the City' insurance program • Preparation of insurance specifications • Analyzing bid responses and evaluation of proposals • Provide claims analysis reporting and benchmarking data for insurance program analysis • Contract review and interpretation as necessary or requested Paul DeSilva also graduated from Florida State University and began his Property and Casualty Insurance career in 1987, working as an underwriter for a National Insurance Carrier. Paul then spent almost a decade working as a workers' compensation auditor, with the National Council on Compensation Insurance (NCCI), before becoming a Commercial Insurance Advisor and Managing Partner of a firm in West Palm Beach. Paul's diverse experience in all facets of property and casualty and workers compensation insurance will provide the City with another vastly knowledgeable resource with over 30 years of experience in risk services and analytics. Paul's professionalism, determination and work ethic are desired attributes that help to foster a clear and effective team approach as we endeavor to deliver a proactive culture of safety awareness and an efficient risk management philosophy to our clients. Safety&Loss Control: David Daley,ARM Professional Designation: Associate in Risk Management Education: Florida International University Degree: M.S., Engineering Management Years in Industry: 17 years After graduating with a Master of Science degree, David Daley spent the first 12 years of his career working for major insurance carriers, Liberty Mutual Insurance Company and Amerisure Insurance Company, in Loss Control Engineering. David entered public-sector employment in 2010, working in Loss Control and Risk Management for the City of Pembroke Pines, The School District of Palm Beach County and the City of Miami. David's extensive experience working in Safety, ADA Compliance and Loss Control, both on the inside of major insurance providers and with large public sector entities, makes him a uniquely qualified resource for our clients. One of David's greatest attributes is his affinity for teaching and training others. David is a very talented communicator with the ability to relate to directors and staff alike. Whether working with Public Works, Utilities, Sanitation or Public Safety, David will deliver training and awareness to the City of Boynton Beach that speaks directly to the issues of safety and loss control that are relevant to each of their respective needs. David Daley has been a longtime member of the Risk Management Society and the Public Risk Managers Association, which have repeatedly requested for him to be a guest speaker at their local chapters and annual conferences. David's duties include working with the rest of your Gehring Group team by sharing reports and assessments with account management and analytical staff for use in the renewal process. David also assists clients and staff by attending and participating in safety committee meetings to help identify hazards or training deficiencies which may require unique, specialized training parameters. David conducts liability and safety inspections at client facilities to identify potential exposures and to mitigate potential hazards. Afterward, David will generate a report of the inspection analysis for the (22) GEHRING Enwom,GR0UP benefit of departmental management, which includes actionable recommendations for addressing any areas of concern. Through coordination with outside vendors to include equipment manufacturers/reps, chemical handling specialists, and motor vehicle safety operations, a training program will be developed. David can also work with staff to generate workplace safety manuals. Having access to over 80 public sector entities and public utilities, David can provide proven resource material that may be a used to create a tailored workplace safety program that fits each client's own unique needs and culture. Account Manager: Thomas J.Willins,CPIA Professional Licenses:General Lines Property&Casualty, Life&Health Education: Lynchburg College Degree: B.S., Business Administration Years in Industry:31 years License:License:2-20 General Lines(Prop.&Cas.);2-18 Life&Health Florida Insurance License#A286779 Tom will serve as the primary Account Manager for the City of Boynton Beach for all services related to your property and casualty insurance program. Tom will work with Rodney Louis in the marketing, renewal and recommendation for placement of this coverage, providing services to the City that include but are not limited to: • Complete the review and sign off on policies and endorsements for accuracy. • Manage policy details, provide loss runs and issue certificates of insurance which require contractual or coverage review. • Process client invoices, endorsements, binders, certificates, coverage policies, and audits. • Process monthly installments and direct bill invoices, where necessary. Immediately upon graduation from Lynchburg College, Tom was aggressively pursued by a large Managing General Agency in South Florida where he developed his insurance marketing and program placement skills. Tom has spent 30 years in the commercial insurance industry and brings a wealth of experience in client services and relationship development, having managed several large corporate policy programs while creating a vast network of associates amongst insurance carrier underwriters who know him to be thorough, concise, ethical and reliable while insistently advocating for the betterment of his clients. Tom also has a Certified Professional Insurance Agent designation. Claims Manager: Valerie J. Ensinger Professional Licenses:All Lines Claims Adjuster;General Lines Property&Casualty Education: Palm Beach State College, Legal Career Institute Degree: A.S., Legal Studies Years in Industry:31 years License:2-20 General Lines(Prop.&Cas.);6-20 All Lines Adjuster Florida Insurance License#W316877 Val will serve as the Claims Manager for the City of Boynton Beach for all claim issues involving Liability, Property, Physical Damage and Workers' Compensation. Val will work hand in hand with Rodney and (23) GEHRING Enwom,GR0UP David to promote a culture of safety at the employee level, assist management to process and follow up on open claims and coordinate with adjusters to bring all claims to an expeditious and cost-effective closure. Upon completion of her studies at the Legal Career Institute, located in West Palm Beach, Florida, Val spent the next 22 years of her career in the legal field as a legal secretary, court reporter and law office administrator. In 2001, Val was hired as a Legal Services Coordinator/Insurance Claims Manager for a national restaurant chain where she was responsible for assisting general counsel with the composition, revision and analysis of all legal documents, correspondences and leases. Val also managed the processing, investigation and follow-up of all workers' compensation and liability claims for over 70 restaurants around the country. Val's wealth of experience working with claims adjusters coupled with her deep understanding of nuanced legal composition, provides our clients with a uniquely talented advocate for the resolution of their liability and workers' compensation claims. Project Approach&Methodology Our Risk Services and Marketing Process is the basis for how we do business at Gehring Group. Our procedure begins at the onset of the award of contract. We do not operate under a "cookie cutter" approach;instead,we offer all available resources and timelines to facilitate tailoring a program to meet the needs of the City of Boynton Beach. Gehring Group staff will work closely with the City to ensure this process lines up with the City of Boynton Beach's goals. Our approach and methodology will involve an in-depth assessment of the City/s exposures from four different perspectives. 1. As a risk manager; reviewing asset schedules, reviewing procedures and verifying risk transfer agreements; 2. As an insurance consultant; identifying coverage deficiencies, investigating coverages providing risk financing solutions; 3. As a safety officer;developing training programs and recognizing loss mitigation opportunities; and 4. As a risk analyst; gather historical data, identifying consistent trends and outliers, create analytical reports. (24) GERING .'GR0UP I�i� Ili � f Pre-Renewal Meeting Prior to our annual pre-renewal meeting, we begin to gather and update all pertinent risk financing information from the City. In addition to insurance policy information, we will complete a review of its website, financial statements; conduct a study of its insurance policy language and coverages to determine the exact protections being afforded; we review the City's current employee and safety manuals, vendor contracts and recent interlocal agreements; initiate a City-wide safety and liability assessment; engage in personnel discussions with relevant staff; and analyze current and historical claims experience. We then formulate our assessment of the updated risk exposures and coverage analysis completed from the information gathered. Our risk summary of the City's hazard exposures and the adequacy of its current insurance program is then presented and reviewed with the City's staff in order to confirm expectations and goals. We compare this risk summary to your current insurance coverage to determine any serious or unanticipated gaps that exist; review the retentions and insurance limits; and provide you with our observations and recommendations. We then facilitate an implementation meeting where we will agree upon a timeline of major milestones that will take place up to the placement of the renewal policies. As per the RFP, when we are operating solely in a consulting capacity and are unable to place coverage directly for the City of Boynton Beach, we will communicate the necessary information to the brokers, carriers and trusts who will secure the various insurance product proposals on behalf of the City. Assessment&Recommendation Meeting During our assessment and recommendation meeting with the City750, Gehring Group will provide a risk analysis report and summary of City's hazard exposures and the adequacy of its current insurance program which will be presented and reviewed with City staff in order to confirm expectations (25) GERING En,wom GR0UP and goals. We will compare this risk summary to your current insurance coverage to determine any serious or unanticipated gaps that exist; review the retentions and insurance limits; and provide you with our observations and recommendations. Also, during this meeting, we will provide an annual Property & Casualty Market Outlook (Exhibit B) that can be used as a guide for developing the City's risk transfer procurement strategies moving forward.Gehring Group will update the City on the current insurance market, discuss recent renewal results for similar clients, and various relevant deductible options. Finally, we will assess the City's desires for any particular carrier based on its history with that carrier, specifically relevant industry coverages;the carrier's financial rating, etc. At the heart of Gehring Group's risk management process is our Risk Assessment. Our teams work with our clients to identify, analyze and evaluate, in order to respond to and monitor risk. The following process spans across the entire organization, looking at both opportunities and risks, in the context of identifying strategies that best support the City's goals. k context -- itysts Evaluation Response Understand Find, Comprehend � Compare the Modify the organizational re ngnUe, the mature of results f risk risk'h objectives and describe - the risk and analysis with �. mitigating, arra the risks determine the risk criteria t avoiding, ing, eternal and I , l of risk determine transferring, internal Write a"risk ether the or accepting +enwiirdrunent statement"' Determine risk is the risk that,includes the risk's acceptable ones, potential events, impart and Prioritize rise es'a t iieiihl consequences __ { I ell Monitaiing -Check the status of a risk to identify change from the performance level required or expected Reporting&Communication Inf rrrn and engage in dialogue with stakeholders regarding the current state of ries and their management The risk assessment forms the basis for decision making regarding which risks or opportunities are priorities, what the appropriate response should be and how resources should be allocated to manage the risk or opportunity. While insurance is a key risk management tool that supports public entity service operations, vendor exposures or projects to be financed, there is no "one-size-fits-all" insurance structure that can be applied to every entity. From their unique coverage opportunities to their extremely high values, public entities face a wide range of exposures not regularly seen in the more traditional commercial insurance market. (26) GEHRING Enwom,GR0UP Implementation Plan/Process Upon completion of the Assessment and Recommendation meeting, Gehring Group, together with City staff, will come away with a concise plan for our mutually agreed upon objectives for policy renewal coverages and ongoing services. We will then implement the plan first by portraying, with integrity, the City's unique risk profile for each line of coverage to all available markets and/or brokerage firms. Insurance company underwriters will know that the City's submission will truthfully portray its unique risks and operations in a transparent and easily discernable format. Our ultimate goal is to distinguish the Cityfrom its peers by demonstrating its distinctive risk characteristics. Gehring Group would then move to implement all the annually ongoing risk management, safety and loss control, claims administration and program analysis services that we mutually agree are required to assist the City to establish or maintain a culture of workplace safety and liability claims mitigation. Gehring Group's team of staff and resources will work with the City's Risk Management staff to create customized solutions by identifying opportunities and unidentified key riskfactors. Your Gehring Group team may conduct facility-wide safety and liability inspections and provide actionable assessment reports. Our reports are designed to help the City of Boynton Beach identify the following: • Hazards that threaten buildings, premises, and people • Bodily injury exposures • Recommended improvements that can reduce risk • Internal protection systems, such as automatic sprinkler systems and fire alarms • Conformance of individual business sites to corporate loss control and safety programs With these services we would attend, facilitate or coordinate any regular meetings that the City requires and can be available with limited notice to assist with contract reviews, policy manual review, update or drafting. Renewal Process(Request for Proposal) In order to achieve a successful renewal for our clients, we focus on two specific parts — market solicitation and the evaluation of options. At our Pre-renewal meeting, we will have discussed all available market alternatives, ask for your input and agree upon the carriers that we want to approach based on carrier program specialties and the City's needs. During the proposal process, we review alternative limits, retentions and coverages. We will provide you with regular updates to keep you informed of the process and to maintain the integrity of our pre-determined timelines. Upon Receipt of all carrier proposals, we will assess the results and create an unbiased evaluation of all coverage enhancement or detractions as per the objectives that we pre-determined to be of pertinence for the City. We are aware that our clients want to have a bottom-line comparison of all renewal alternatives, but we also know that they need to be able to recognize details of each quotation. So, our renewal evaluations feature detailed and highlighted coverage comparisons and a full summary of their differences. Our analysis will help you make the most educated renewal decision. Should Gehring Group have the ability to function in the capacity of broker for any insurance coverages, it is important to understand the we do not utilize commissioned producers in our company. All Gehring Group employees are salaried professionals. Therefore, the City of Boynton Beach can be assured that insurance carrier incentives such as commission percentages, policy retention prizes or productivity bonuses will never play a part in our program recommendations. (27) GEHRING En,wom GR0UP Annual Review Annually, at an agreed upon date, the Gehring Group conducts a review meeting designed to evaluate our performance, review the results of your renewal, discuss any new operations or acquisitions you are contemplating, identify new and emerging risks, update you on recent market conditions/trends, and plan our next renewal strategy meeting. We conduct these annual meetings in order to identify opportunities for improvement to our services, to realign the services currently being provided to the City in the event that they are either insufficient or unnecessary to accomplish their goals and to ensure that the Gehring Group and the City are moving forward into the next policy term with the same goals. It is our intent to achieve a shared understanding of the risks that are associated with the City and the joined efforts to construct a plan to bring the greatest value to its insurance program, improve the predictability of its annual budget and increase opportunities for resident services. Upon completion of the development of the City's insurance coverage plan objectives and risk management service needs, the Gehring Group immediately begins to coordinate program meetings and communications in order to commence the service needs of the plans.We will also implement the following renewal timetable: TIMELINE ACTION 150 days prior to renewal City and Gehring Group will come together for a pre-renewal meeting 130 days prior to renewal City and Gehring Group will attend assessment and recommendation meeting 120 days prior to renewal Coordinate the completion of all carrier renewal forms and applications 100 days prior to renewal Submission to the market as directed by plan 90 days prior to renewal Status update to the City, confirm integrity of timelines 75 days prior to renewal Receipt of all renewal proposals and carrier negotiations, if needed 65 days prior to renewal On-site presentation of renewal evaluation of market proposals 60 days prior to renewal Submission of proposals and support documents for Council agenda 45 days prior to renewal Attend any Council/Board meetings per the City's direction 30 days prior to renewal Submit policy bind requests to carriers 25 days prior to renewal Confirm receipt of all binders and generate invoices for City as needed Renewal Date New Plan Year begins 30 days after renewal New policy receipt from carrier and review for coverage accuracy 45 days after renewal Electronic delivery of carrier policies to the City 60 days after renewal Delivery of insurance policies booklet and summary Throughout the risk financing procurement and placement timetable shown above, we will engage in our other ongoing services to the City of Boynton Beach such as, safety and loss control, risk management assessment, risk analysis, claims advocacy, proactive claims management, staff trainings, asset assessments, analytical reporting, contract insurance language reviews, procedural manual drafting and council presentations. Our constant involvement, communication and assistance to the City of Boynton Beach is designed to provide a comprehensive professional staff that supports the City's Risk department. (28) GEHRING En,wom GR0UP At the heart of Gehring Group's risk management process is our Risk Assessment. Our teams work with our clients to identify, analyze and evaluate, in order to respond to and monitor risk. The following process as outlined in the response to Question 4 below, Safety& Loss Control, spans across the entire organization, looking at both opportunities and risks, in the context of identifying strategies that best support the City's goals. At the Gehring Group, we provide our clients with a full 100% spectrum of services and solutions. It is our intention to be involved in assisting the City of Boynton Beach with not only its insurance procurement, but also with its risk management consulting, regular analytical reporting and benchmarking, claims advocacy and loss control services and training Corporate Values and Culture Gehring Group has grown from three employees at its inception in 1992 to over 72 employees today. We have developed a unique corporate culture that has allowed us to attract the best talent available in the marketplace and retain many of these employees for over 10 years. Longstanding tenure amongst our employees ensures that the City of Boynton Beach will receive consistent service that it can count on year to year. Furthermore, we understand that the best way to take care of our clients begins with taking care of our employees. We are proud to announce that Gehring Group was ranked in the Top 10 Best Places to Work in South Florida by the South Florida SOUTH FLORIDA BUSMESS JOURNAL Business Journal for both 2018 and 2019! Being selected for this award «�� � is a great tribute to every one of our employees, and a reflection of our �4 corporate culture and of the support we receive from our clients. Gehring Group was also ranked as one of the Top 30 best companies to 1 8 BEST PLACES TO WORK work for in Florida by Florida Trend magazine. Being an honoree for these awards is a great tribute to each and every one of our employees, and a i reflection of our corporate culture as well as a reflection of the support BEST we received from our clients. Ito OMPANNES TO WORK FOR IN FLORIDA 4 ti i a r r a31,: South Florida Business Journal-Best Places to Work 2018 Finalists Luncheon (29) GERING .''GR0UP We strive to create value for our clients in everything we do by aligning our corporate culture and values with the unique needs and goals of our clients. Inherent in our corporate culture,Gehring Group has 30 Keys to Our Collective Success that focus on: ✓ Fanaticism around culture, values, and principles ✓ An unfailing commitment to people ✓ Rigorous attention to detail and execution, and ✓ Flexibility, creativity and determination to transcend the status quo. Supporting our clients' and communities' needs is a fundamental objective and inherent in our culture. Through our Helping Hands and Hearts community service committee, our staff provides hands on service in the community including assisting programs run by our clients such as Paint Your Heart Out through Solid Waste Authority, building homes with HabitatforHumanity, supporting the initiatives of The Lord's Place in ending homelessness, and fundraising for ARC of Palm Beach County. . ,0 { UiS�,�n �p x r r t t6dyit�(t aS3 n � ��ay s al a mn f 04 J khp I m 1 t ` 1 GEHRING _ �� � GROU -N,a v N 1 d ( ^� ek ti /sA4I.l t l i )1 1 S ,.t 2019 Paint Your Heart Out Community Outreach-Street Beat,Inc.,South Bay,FL (30) GERING .''GR0UP Expect a, Full Spectrum of Gehring Group P&C Solutions ,pHan3 - Ct-urr or SOILII,&"'!,'-, C'4 BDT', Of' �',,EaCh, r,ronn, c ,,n-, c,,-,'D CCO11 "1 ,U'fa [ vc , �-Dn, rcr,-Mcfi� � 'uH --,P L., W� -1, i,i',,d e rL-,t rnd the char[,e!-"ge,- Public EntP7ie5 face k-ove yG,�re as',.e,,d to tllake t..1 mc,H-e.tharevef, a .pa't 11- 1 e fr,n� -.i b rk.kef-e X'DE,C t 0 U I-f 1.) -S-ple c trun, .f' Lfl0 lti Public Sector Benchmarking Risk Summaries Return to Work Pro ram s Claims Reduction &Management Fraud Reduction Program Disaster Recovery P I a n n i n g MI. ...... Federal/State C=pliance �ttFMC-9A XuV!I,I,,,I,K,,,',�� DCII FEMA GHS Compliance Employee Safety Manual Workplace Posters On I i ne Safety Training Employee Nawsletters &Vidws Quote Insurance Programs Cla ms Bi I I i n g Assista n ce ns Ura ncf2 N egot i ate Ren evd a I Gi U d 2,1 r-1 e, Comirnu n i catio n Plan Comparison CoveFage & Policy Expertise Application Submission i y p a I S ry i-- s f r 11 B TZ D BreF.,,N,avvav h-"r-,th,', the htionabrok-r. D,se r4 m -,J r t a L o, �i,r,,� Warsane., r-row,', �tfn 5 :ob.,,New e�r.r.,,,osun Hue E,v'f A Page 215 of 436 Focus on Client Education Each Spring, Gehring Group hosts a Public-Sector Insurance Education, N Innovation and Excellence Summit in Palm Beach Gardens, FL, where our m public-sector clients are invited to attend various training sessions on Leadership, Wellness, Legislative and i f Compliance Updates, Innovation and Trends in Employee Benefits and Risk gyp. Management. The Summit is free of charge to our clients and includes hotel AY V4gyf accommodations! 1t G F H K 1 G V7 f AII eM Fiq YEE 6€fq e61Y3�itXSK MAN�ii� �\ f�{4f � (7� 'R" 1} Asn cs.r�,,mui rely on rhe public4 t� on G"Orl g N�r - Rskm �!r �fiutasi: � 5nl�iGfl Ss �_ IM1 � 5 I z e 1 l IT I : j '1 ''`ni fi fi ri fi-� fi fi ri fi ri fi-� fi fi ri fi During our 2019 Client Summit, we educated our public sector clients on the specific language addressing the First Responder PTSD bill, what is expected of employers and the resources available to help satisfy the statutory education requirements. We conducted a roundtable where agencies and municipalities from around the state were able to discuss their most pressing concerns about the new legislation and collaborate around available solutions. Further, we continue to inform our clients throughout the year of any legislative updates regarding the PTSD bill or any other statutory changes through our email newsletters and alerts(see following page for original Gehring Group Alert on Florida First Responders PTSD). (31) GERING .'GR0UP I k C GEHRING 7-AGROUP On October 1, 2018, Florida's new first responder PTSD legislation will take effect. CLICK HERE for a copyf the legislation. As required i the legislation. the Florida Department ref Financial Services (FL FS) i responsible for defining the qualifying agent condition referred to as "Grievous ilk harm f a nature that shocks the conscience"'. During their first workshop this August., the FL .FS released its first draft of conditions that it is soliciting for inclusion. See below or CLICK HERE to read the original draft. ...t rLL purposes of determining the comp ns bilit f rapt t?i,ent-r i t d post-traumatic stress disorder for firstresponders. the f6flowing, injuries qualify as grievous bodily charm of a nature that shocks the conscience when Me result is gross personaf disfigurement or protracted loss of a dodda.member or organ-, Amputation (full orpartial) Infection AsphyxiationMultiple lacerations, Burn a Pcionin Crushing Puncture • Electric ShockRadiation Enucleation 9 Rupture Freezing r nc While these conditions, are only part of the first daft., they do provide insight into the process and direction the FLDFS is ging in developing its criteria_. There is another workshop scheduled for some time in the Fall, either late October or early November, (32) GERING Cirm,GR0UP 2. The Respondent shall describe its most flexible interest free payment schedules. The Gehring Group will work to accommodate the most convenient and flexible fee payment schedule that benefits the City of Boynton Beach. Whether monthly billing, quarterly billing or some other type of fiscal budgetary arrangement makes the most sense, we endeavor to make the process as suitable and effortless as possible. 3. Describe your knowledge and experience in risk management and insurance through membership and active participation in Florida Chapters of the Risk and Insurance Management Society (RIMS) and/or Public Risk Management Association(PRIMA). The Gehring Group and its individual staff have been continuous members of Florida PRIMA and even serve on the board of specific Chapters. As public sector specific insurance and risk management subject matter experts, we have answered repeated requests to present as guest speakers at various Florida PRIMA Conferences, over the years. The Gehring Group has also been an annual exhibitor and sponsor at the Florida PRIMA Conferences and at local chapter meetings. 4. Describe how you will provide loss control/safety assistance. Provide information about your loss control programs,staff qualifications and applicable cost, if additional. Safety&Loss Control Gehring Group currently provides the City of Boynton Beach with internal loss engineering through the experienced team efforts of your Safety& Loss Control Officer. David Daley currently works as the City of Boynton ,s- t Beach's Safety & Loss Control Officer. After graduating with a Master of Sciences degree, David Daley spent the first 12 years of his career working 2� for major insurance carriers, Liberty Mutual �4 Insurance Company and Amerisure Insurance Company, in Loss Control Engineering. David entered public sector employment in 2010,working in Loss Control and Risk Management for the City of Pembroke Pines, The School District of Palm Beach , County and the City of Miami. David's extensive experience working in Safety, ADA Compliance and Loss Control, both on the inside of major insurance providers and with large public sector entities, makes him a uniquely qualified resource for the City of Boynton Beach. Your team has worked to tailor solutions that empowers the City of Boynton Beach to effectively reduce risk and maintain business continuity. We conduct an assessment involving occupancy, natural disaster and security hazards that will help you to build an effective internal loss prevention program to protect your employees, the general public and your operations. Some of our solutions for assessing and managing losses include: • Authorized inspection and assessments (33) GERING En,wom GR0UP • Project planning and design review • Fire protection planning and review • Provide written loss control policies and procedure templates • Provide loss control training and education to management and supervisory staff(Online Training Course Catalog (Exhibit A) • Update loss control programs as necessary • Act as liaison to loss control inspections with outside examiners • Provide written safety procedure templates as requested • Provide safety training and education to supervisors and employees • Conduct regular departmental safety meetings as required Gehring Group loss control services assist the City of Boynton Beach in cutting costs and safeguarding against liability exposures and employee injuries with an effective loss control action plan. Comprehensive Supe of Riskana a e t Services®Lost Control&Safety Assistance Gehring Group provides risk management consulting services and employs risk management and administrative professionals that specialize in implementing and managing risk insurance programs. We understand the unique needs of our public sector clients and do not provide cookie cutter solutions. In our experience, the best way to manage a property and liability insurance program is comprehensively and proactively. The evaluation of a client's insurance program entails a balance between the desired limits of risk and the cost to insure against these risks. Gehring Group's team of staff and resources can create customized risk management solutions by identifying opportunities and key risk factors. We remain involved with our clients on a year-round basis, not only at renewal time. We perceive our commitment to be an ongoing extension of the City of Boynton Beach's risk management team. This hands-on approach enhances our ability to address the specific needs of each of our clients by becoming more familiar with the client's staff, properties, and assets, thus enabling us to provide the most efficient recommendations regarding their risk management program. (34) GERING .'GR0UP • 'KER'S COMPENSATION INJURY MANAGEMENT ❑ Assist with establishing written policies and procedures for work place injuries ❑ Assist with establishing incident and injury reporting procedures ❑ Provide training and education to supervisors and employees regarding workers' compensation procedures and statutory requirements ❑ Work with medical providers to implement consistent treatment and reporting policies ❑ Provide service to assist management with initial claim assessment ❑ Review injuries within forty-eight(48) hours of occurrence upon request ❑ Assist with establishing written policy and assignment of"light duty' ❑ Act as liaison to adjuster to review treatment, MMI assessment and release to "full duty" ❑ Assist in open claims review meetings with carrier or Third-Party Administrator to ensure efficient and expeditious resolution. LEGAL ADMINISTRATION SUPPORT ❑ Assist in production of records to claimant counsel ❑ Act as liaison to claimant attorney and carrier assigned counsel as needed ❑ Assist with mediation following through to claim settlement as needed SAFETY PROGRAMS ❑ Provide written safety procedure templates as requested ❑ Provide safety training and education to supervisors &employees ❑ Conduct monthly/quarterly departmental safety meetings as required ❑ Provide literature and topics for monthly safety meetings ❑ Assist with updating safety programs as necessary ❑ Participate and assist with on-site safety inspections ❑ Act as liaison to safety/loss control inspections with outside examiners ❑ Provide research and recommendations regarding safety incentive programs ❑ Write safety incentive program and present to management ❑ Implement safety incentive program ANALYTICAL SERVICES ❑ Produce annual audit, based on actual payroll and exposure ❑ Provide projected workers' compensation costs for budgetary purposes ❑ Review quarterly losses and aid in the assessment of reserves with adjuster as necessary ❑ Produce RFP for workers' compensation coverage ❑ Evaluate RFP submittals consistent with the needs of the City ❑ Prepare final written recommendation for coverage ❑ Present evaluation recommendation to management and staff (35) GERING .'GR0UP PROPERTY, LIABILITY CLAIM AND LOSS MANAGEMENT ❑ Assist with establishing written policies and procedures for losses, incident investigations, accidents and liability claims ❑ Assist with establishing property loss, incident and accident reporting procedures ❑ Provide training and education to management regarding reporting procedures ❑ Work with adjusters, appraisers and investigators to research and assess claims ❑ Provide service to assist management with initial claim and loss assessment ❑ Review accidents and incidents within forty-eight(48) hours of occurrence upon request ❑ Assist in claim filing and notification to carrier ❑ Act as liaison to adjuster to facilitate closing of claim ❑ Assist with open claims review meetings with carrier or TPA to ensure expeditious resolution LEGAL ADMINISTRATION SUPPORT ❑ Assist in production of records to claimant/plaintiff counsel ❑ Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed ❑ Assist with compilation of Requests to Produce ❑ Assist with mediation following through to claim settlement LOSS CONTROL PROGRAMS ❑ Provide written loss control policies and procedure templates ❑ Provide loss control training and education to management and supervisory staff ❑ Update loss control programs as necessary ❑ Participate and assist with on-site loss control inspections ❑ Act as liaison to loss control inspections with outside examiners ANALYTICAL SERVICES ❑ Assist with production of annual audit, based on actual budget, schedules and exposure ❑ Provide projected coverage costs for budgetary purposes ❑ Review quarterly losses and assess reserves with adjuster as necessary ❑ Assist with annual property appraisals ❑ Review contracts for coverage sufficiency ❑ Assist with compilation of property schedules ❑ Produce RFP for property, casualty and liability coverage ❑ Evaluate RFP submittals consistent with the needs of the City ❑ Prepare final written recommendation for coverage ❑ Present evaluation recommendation to staff EDUCATIONCLIENT ❑ Client attendance at Gehring Group Public Sector Insurance, Education and Excellence Summit ❑ Client networking and roundtable discussions ❑ Onsite/offsite training, seminars and other education opportunities (36) GERING .'GR0UP Additional Services Claims Advocacy Gehring Group has claims administration professionals on staff to advocate for our clients with the insurance carriers and their adjusting staff to monitor and reduce the cost and severity ofyour liability, property, workers' compensation and auto claims. Working in concert with you, we get involved immediately and advocate for you through the entire process until the claim has closed. You can take comfort in knowing you'll be working with someone who has an in-depth understanding of the claims process and can help you navigate through the unique complexities related to your loss.And with our long-standing relationships with the nation's leading carriers ang Governmental Trusts, you can count on us to be a liaison for the City of Boynton Beach, ensuring things happen promptly and efficiently. Our Claims Advocacy Management services include but are not limited to: • Work with adjusters, appraisers and investigators to research and assess accidents and claims • Provide service to assist management with initial claim and loss assessment • Review losses, accidents and incidents within forty-eight (48) hours of occurrence upon request • Assist in claim filing and notification to carrier • Act as liaison to adjuster to facilitate closing of claim • Assist with restitution recoveries and in-house subrogation • Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed Risk Analytics Risk Analytics delivers insight into our customers current practices and safety culture and is a valuable tool to help improve processes and reduce the overall cost of risk. Gehring Group employs an on-staff Risk Analyst who can review all claims and procedural data trends for the City of Boynton Beach and compare it to past performance or against industry standard. Whether we are working with brokers, insurance carriers or adjusters, our goal with risk analytics is to continuously optimize our customer's data focus, provide consistency across key touch points and deliver greater visibility and insight about trends and exposures. Our analytical reporting will help our clients: • Identify and understand factors and trends driving losses • Gain insights into ways to reduce accidents and injuries • Reduce lost productivity, cash flow and profits • Achieve greater control over the total cost of risk • Identify important risks and/or mitigation opportunities Risk Management Consulting Gehring Group employs a Risk Management Consultant(RMC) on staff with actual hands on experience as a Risk Manager for a local Florida county. Having spent time sitting in the seat of a large governmental entity, managing the risk exposure of many different areas such as public utilities, law (37) GERING FIGROUP enforcement and fire protection, sanitation, aviation and much more, our RMC is the ideal candidate to guide and mentor newly appointed risk managers with very little or no prior experience. The RMC can also provide the following assistance: • Implement policies and conduct trainings that help reduce overall risk • Propose possible solutions/programs/protocols for minimizing risk and liability • Develop and administer risk management and loss prevention programs • Researches and reports on the most cost-effective plans to minimize asset liability. • Assist with investigation of any incidences that may result in asset loss • Creating business continuity plans to limit risks • Conducting policy and compliance audits, which includes liaising with internal and external auditors Value-Added Services Gehring Group is very proud to be able to provide a solution to an exceptionally unique public sector need. One of our clients' greatest concerns has been the need to have its emergency responders, public works, maintenance and key emergency operations staff available to assist with to re-engaging services, safely re-opening accessways and addressing public safety in the aftermath of a disaster. But how can an employee, also affected by the same disaster event, feel at ease abandoning their own loved ones and property during what may be their greatest time of need. Gehring Group has the ability to provide a solution through our Employee Disaster Recovery Program (Exhibit E). This additional voluntary service will provide all participating employees with access to an insurance claims professional who will coordinate all recovery matters with their respective insurance carriers while allowing them to remain at work in the City of Boynton Beach. The City will have confidence knowing that key personnel will be focused on the City's needs in the aftermath of a disaster. The program can also provide relief items to the City's employees, such as onsite generator-powered ATM machines, emergency fueling, meal services for their families and even temporary housing options. We realize your most important asset is your employees, and we have the solution to help provide them and the City of Boynton Beach with peace of mind in troubled times. 5. Licensed as an insurance broker in the State of Florida. Gehring Group, Inc. is licensed as an insurance broker in the State of Florida as evidenced by the Insurance License in Tab 3,Section b.above. 6. Five years of experience as a business. Incorporated in 1992, Gehring Group has been providing expert risk management consulting services to Florida public sector clients for over 25 years and has grown to become one of the most respected insurance and risk management consulting agencies in the state. (38) GE Rf NG .'GR0UP 7. Experience with Florida municipalities with an annual premium in excess of$250,000. The Gehring Group has been focused on serving Florida municipalities for over 25 years. Public-sector is not merely a division of our company's overall clientele; it is all of our company's clientele! We work with municipalities of all sizes and have many clients whose annual premium exceeds$250,000. Below is a list of just a few such municipalities. 8. Annual commercial lines premium volume of$1,000,000 or greater. Gehring Group is Florida's largest public-sector employee benefits and risk management services broker. From that narrow focus of clientele, our current annual commercial lines premium is over $13,500,000. (39) GERING En,wom GR0UP Tab 5: Current & Projected Workload 1. Describe your current and projected workload. Gehring Group provides a comprehensive level of risk management consulting and insurance program services to all its property and casualty clients. These services are year-round and continuous within the plan year cycle, noting that plan year start dates may vary among clients. We do not impose project fees and do not have limits on the number of onsite visits to clients. We also do not charge extra for facilitating the market RFP processes as not to inhibit clients from bidding to ensure they are receiving the most competitive options. Proposed Team Current&Projected Public Entity Workload Florida Municipality Complexity(1-9) Boynton Beach, City of 6 CareerSource Palm Beach County 1 Charlotte County BOCC 8 Deerfield Beach, City of 5 Dunedin, City of 6 Greenacres, City of 4 Jupiter Island, Town of 4 Keys Energy Services 5 Lake Park, Town of 3 Mangonia Park, Town of 1 Margate, City of 4 Monroe County BOCC 4 North Palm Beach, Village of 4 Palm Beach County Sheriff 7 Palm Springs,Village of 5 Sarasota County Sheriff 8 Tequesta, Village of 4 Wellington, Village of 6 West Palm Beach Housing Authority 2 Venice, City of 5 (40) GEHRING En,wom GR0UP Tab 6: Similar Projects / References 1. Provide at least three(3) references from at least three(3)governmental agencies(or regional districts) in the state of Florida for whom you have provided insurance brokerage services for. Please include the name of the agency,contact name,telephone,fax and email address. Village of Wellington Charlotte County Board of County 12300 Forest Hill Boulevard Commissioners Wellington, Florida 33414 18500 Murdock Circle, Room 140 Tel: (561) 791-4113 Port Charlotte, Florida 33948 Fax:(561) 791-4045 Tel: (941) 743-1260 Tanya Quickel, Chief Financial Officer Fax:(941) 743-1989 Email: tquickel@wellingtonfl.gov Janine Hewitt, Risk/Benefits Coordinator Email:janine.hewitt@charlottecountyfl.gov City of Deerfield Beach City of Dunedin 150 N.E. 2nd Avenue 750 Milwaukee Avenue Deerfield Beach, Florida 33441 Dunedin, Florida 34698 Tel: (954) 480-4260 Tel: (727) 298-3042 Fax:(954) 420-5567 Fax:(727) 298-3052 Amanda Robin, Human Resources Director Theresa Smalling, Ph.D Email: arobin@deerfield-beach.com Director- Human Resources & Risk Mgmt. Email:TSmalling@DunedinFL.Net Gehring Group's successful experience with public sector entities is further evidenced by the list of current public sector clients provided in Tab 4. We also invite the City to view our client testimonials at www.gehringgroup.com (scroll down to bottom of web page). (41) GEHRING .'GR0UP Tab 7: Cost Proposal The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. Provide a monthly fee amount and an annual amount for the proposed services outlined in the Scope of Work. Please include all expenses in the monthly/annual amounts. Annual Fee Since 2014/2015 (5 years) Gehring Group provided it services the City of Boynton Beach under an annual fee agreement of $60,000. In our efforts to always provide the most comprehensive and innovative services to the City, while retaining your professional team of subject matter experts and leaders in their areas of focus, we propose the following annual fees. Services • • Insurance&Risk Management Services—Year 1 $70,000.00 $5,833.33 Insurance&Risk Management Services—Year 2 $70,000.00 $5,833.33 Insurance&Risk Management Services—Year 3 $70,000.00 $5,833.33 Insurance&Risk Management Services—Optional Year 4(add 2.5%) $71,750.00 $5,979,16 Insurance&Risk Management Services—Optional Year 5(add 2.5%) $73,543.75 $6,128.64 Additional Fees/Costs The Employee Disaster Relief Assistance Program is a valuable additional service that we are proud to be in a unique position to provide to our clients. The public-sector is our emphasized focus. Therefore, this persistence to always create ways to fill needs for our clients, drove us to finding and delivering this valuable solution to a genuine concern. This voluntary service is offered to the City of Boynton Beach on a per employee/per annum cost as follows: Employee Disaster assistance Program Employee Disaster RecoveryAssistance Program $50 Per Employee/Per Year (42) GERING Enwom,GR0UP Tab 8: Submittal Forms Q Proposer Acknowledgment Q Addenda Acknowledgment Q Cost Proposal Form Q Statement of Qualifications Q References Form Q Anti-Kickback Affidavit Q Non-Collusion Affidavit Q Confirmation of Minority Owned Business Q Confirmation of Drug-Free Workplace Q Acknowledgment of PBC Inspector General Q Local Business Status Certification Form Q Scrutinized Companies Form Q Schedule of Subconsultants Q Proof of Insurance (43) GERING .'GR0UP REQUEST FOR PROPOSALS FOR INSURANCE BROKER SERVICES RFP No.: 017-1710-19/MFD PROPOSER ACKNOWLEDGEMENT Submit RFP's to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: INSURANCE BROKER SERVICES RFP Number: 017-1710-19/MFD RFP Received by: May 14, 2019, NO LATER THAN 3:00 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: May 14, 2019, NO LATER THAN 3:00 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: The Gehring Group, Inc. Federal I.D. Number: 65-0361295 A Corporation of the State of: Florida Area Code: (561) Telephone Number: 626-6797 l (800)244-3696 Area Code: (561) FAX Number: 626-6970 Mailing Address: 4200 Northcorp Parkway, Suite 185 City/State/Zip: Patin Beach Gardens, Florida 33410 E-mail Address: cindy.thompson@gehringgroup.com rodney.louis@gehringgroup.com Autho' rtz-e-krsignatur Kurt N. Gehring Name Typed President and CEO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 229 of 436 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "INSURANCE BROKER SERVICES" RFP NO.: 017-1710-19/MFD DATE SUBMITTED: May 14, 2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE April 30, 2019 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 230 of 436 REQUEST FOR PROPOSALS FOR INSURANCE BROKER SERVICES RFP No.: 017-1710-19/MFD COST PROPOSAL FORM Proposers must use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. ITEM QTY UNIT OF DESCRIPTION MONTHLY ANNUAL MEASURE COST COST Years 1 - 3 Years 1-3 1. 12 MONTHS Fixed, flat fee for Insurance Broker $ 5,833.33 $ 70,000.00 Services TOTAL ANNUAL FEE: $ 70,000 (Years 1-3) *Years 4-5 see below *Insurance &Risk Management Services - Optional Year (add 2.5`, ) $71,750.00 $5,979,16 *Insurance &Risk Management Services - Optional Year 5 (a 2.",o) $73543 $6,125,64 The Gehring Group, Inc. COMPANY NAME AUTHORIZED'S1 NATURE 561 X626-6797 / (800)244-3696 Kurt Gehring TELEPHONE NO. PRINTED NAME cindy.thompson@gehringgroup.com President and Chief Executive Officer E-MAIL ADDRESS TITLE rodneylouis@gehringgroup.com May 10, 2019 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 231 of 436 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: The Gehring Group, Inc. 2. Business Address: 4200 Northcorp Parkway, Suite 185 Palm Beach Gardens, Florida 33410 3. When Organized: October 6, 1992 4. Where Incorporated: State of Florida 5. How many years have you been engaged in business under the present firm name? 26 years 6. General character of work performed by your company. Insurance brokerage services &consulting for property, casualty and workers compensation insurance, risk management services,workplace safety and loss control services. (Please refer to Tab 4 for more detailed information.) 7. Enclose evidence of possession of required licenses and/or business permits. Please refer to Tab 3 for licenses.. 8. Number of employees. Sixty (60) 9. Background and experience of principal members of your personnel, including officers. Please refer to Tab 4 for experience. 10. Bonding capacity, if applicable. Not avvlicable 11. Have you ever defaulted on a contract? If so, where and why? * No. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 232 of 436 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone# City of Deerfield $ 621,918 Amanda Robin, PIR Director (954)480-4260 Charlotte County BOCC $2,803,038 Janine Hewitt,Risk Coordinator (941)743-1260 Village of Wellington $1,037,01.1 Tanya Quickel, CFO (561)791-4113 City of Dunedin $1,029,261 Theresa Smalling PhD. (727)298-3042 13. Contracts on hand. * Please refer to Tab 5. 14. Largest completed projects (include final cost). Charlotte County Board of County Commissioners - $2,803,038 1) 2) Village of Wellington - $1,037,011 3) City of Dunedin - $1,029,261 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * None. Gehring Group is pleased to state that it has not been a party to any litigation or arbitration in the last four (4) years or since its existence. 1) arose from performance: * N/A 2) occurred within the last 4 years: * N/A 3) provide case number and style: * N/A Dated at: Pahl Beach Gardens, Florida this loth day of Ma 2019 7 By: —(Written-si nature) Name: Kurt Gehring (printed or typed) Title: President and CEO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 233 of 436 REFERENCES FOR The Gehring Group, Inc. NAME OF FIRM Company Name: City of Deerfield Beach Address: 150 N.F. 2nd.Avenue Deerfield Beach,Florida 33441 Contact Name: Amanda Robin, Human Resources Director Phone: Fax: E-Mail: (954)480-4260 (954)420-5567 ARobin@deerfield-beach.com Company Name: Village of Wellington Address: 12300 Forest Full Boulevard Wellington,ton, Florida 33414 Contact Name: Tana Quickel, Chief Financial Officer Phone: Fax: E-Mail: (561)791-4113 (561)'791-4045 tquickel@wellingtonfl.gov Company Name: Charlotte County Board of County Commissioners Address: 18500 Murdock Circle, Room 140 Port Charlotte, Florida 33948 Contact Name: Janine Hewitt, Risk/ Benefits Coordinator Phone: Fax: E-Mail: (941)743-1260 4941 743-1989 anine.hewitt@charlottecount d. ov t a az,i Company Name: City of Dunedin Address: 750 Milwaukee Avenue Dunedin, Florida 34698 Contact Name: Theresa Smalling, PhD., Director of Human Resources and Risk Management Phone: Fax: E-Mail: (727)298-3042 (727)298-3052 TSmalling@DunedinFl,.Net THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 234 of 436 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIG ATU E Sworn and subscribed before me this 10th day of May 20 19 Printed Information: Kurt N. Gehring NAME President and CEO TITLE N TARY PUBLIC St e ofFlorida at Large The Gehring Group,Inc. COMPANY VALERIE JEAN�ENSINGER ° MY COMMISSION#GG 071006 `• :_� EXPIRES:March 21,2021 so'; tar c: rr MID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 235 of 436 NON COLLUSION AFFIDAVIT State of Florida ) County of Palm Beach ) Kurt N. Gehring being first duly sworn, deposes and says that: 1) He/She is President and CEO of The Gehring Group, Inc. , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 017-1710-19/MFD for INSURANCE BROKER SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interes , including this ffiant. (Signed) Inuit N. Gehring (Title) President and CEO S scribed and sw n before me This loth day of May 20 19 My commission expir VALERIE JEAN ENSINGER �=4` `�': EXPIRES:March 21,2021 -r. ;od F g Bonded Thru Notafy Public Underwritws THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 236 of 436 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: N/A Issuing Organization for Certification N/A Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 237 of 436 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ° As the person authorized to sign the statement, I certify that this firm co plies fully with the above requirements. The Gehri Gr tp, Inc. By: Professional's Signaty e Kurt Gehring President and CEO THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 238 of 436 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. The Gehring Group, Inc. CONTRACTOR NAME By Kurt N. Gehring Title: President and CEO Date: May 10, 2019 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 239 of 436 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Kurt Gehring the President and CEO of (Name of officer of company) (Title of officer of company) 4200 Northcorp Parkway, Suite 185 The Gehring Group,Inc. located at Palm Beach Gardens,Florida 3341Q (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: The Gehring Group, Inc. 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? N/A 2. Does the business have a business tax YES NO Business License receipt issued in the current year? X Number: Palm Beach County LBTR# 2019115580 3. Is the business registered with the Florida YES NO Division of Corporations? X I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business .s requir d to✓'otify the City in writing should it cease to qualify as a local business. Print Name: Kurt Gehring, President and CEO Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ® Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 240 of 436 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 (Kurt Gehring,President&CEOon behalf of The Gehring Group, Inc. certify Print Name and Title Company Name that The Gehring Group,Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 241 of 436 attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran P troleum Ene gy Sector List. The Gehring Group, Inc. COMPANY NAME SIGNATURE Kurt Gehring President and CEO PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 36 COMPLETE AND ACCEPTABLE. 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S a3 U m d0 CIO LU fnm a) (o = U H c L W w Z = E2 E U 0 ,U C E O a) O r 0 ALu 0 ~ r Nto O O aQ C C 0- 0 y O U H a) 0 bR U O m Z w a) p ,r U 3 O G uJ C 0O m y O Co O C O O O m V ® O 6 0 a) occ � CJ (� rteA) a) � m 0 a) c`oca :1E in0 'E- o o c coo > me 0 Z � n L o L N N a) n Q) u°i — N a) C N s,,, 'y EO a) O c t6 c p O to O s 4c- L U O O � OU a= OL h C (U6 O ml O Ou 'Cc:' Page 243 of 436 Proof of Workers Compensation,General Liability&Automobile Liability Insurance GEHRGRO-01 UIR IB EA CERTIFICATE, OF LIABILITY INSURANCE F DATEIMMUONY"0112i2019 THIS CERTIFICATE 118 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS I IIPON THE CERTIFICATE HOLDER-THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATTVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISS UENG ENSURE RIS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MFIORTANT: If the reftificate hGldeT is an ADDITIONAL INSURED,the policyoes)must haw ADDITIONAL INSURED provisions or be.endorsed. If SUIBEROGATIONE 13 WAIVED, sub*t to the terms and candifionsOf the policyceTt3in policies may require an endorsement. A statement on this cetnnficatL does not confer rights.to the certificate holder in IL-u of such endarsernent1s). PRODUCER License#GE67798 2t'-NTrA 7 Annie Unibe Insurance Office ofAnnefirm,Inc, =M IEIWI Abw.oa Town Center (661)29,13-5068,260513 Wn, 1:(5611776-10670 1290 UmwersinBlvd,Suite 200 5&&k Ann ic-Uribegioaus.a.crn o JupiIer,FL 33 NBURERIM AFFORDING 00�ERAQE MAIO# INSAMIER A:Depo sitors Insurance Corp area 42587 INSURED INSURER a Nation wide I Ins urance Corn and of America ca 25453 Gehring Group,Ino. Twin Ci Fire Insurance C oras pa,n,w 2945,9 4290 NGrthCorp Parkway,S ufte 185 INSURER D:: Palm Beach Gardens.FL 33410 INSURER E.: 1N2-vRrRF: rrA1FRAf;1P'.% CERTIFICATE N IMBER REVISION NUMFLFP- THIS IS 70 CERTIFY TK&T THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTW rrHGTAN DING ANY REQUIRJEMEN7, TERM OR.CONDITION OF ANY CONTRACT OR.OTHER.DOCUMENTWITH RiEsPIECT 70 WHICH THIS CERTIFICATE MAY BE ISSUEO OR,MAY PERTAIN,THE INSURANCE AFFORDEC BY THE POUCIEC DErCRIEBO HEREIN 15 SUBJECTTO ALLTHE TERMS, EXCWSIONSAND CONDITIONS OF SUCH POUCIEC.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM.D. 144A TYPE OF 9491MIANCE ADM sum Y NUMBER POLM EFF POUDY EXP LTR JUM virm POLM mw�� LIMIT& IJ A X comwEROIALcENERAL AMLIT`� skrH 001-URRaKS T 1,000,600 OLNMS-M&'�EFXX] 'R: ACPGLDC5974904781 A3;17J2019 OW1212020 100,0w MEDE�r-,My—p— Is 6<000 FTRSCIIAL a A0`11 11`41, 1,000,000 ZEMLL ACDREW17E UIA7 APPUES PER.: CENIFRALAGOREGATE 2,GN,000 71. 1::1 E--TT 1:1— F`RC0LGM-0--4YIPPOP AUG OTHER A ALITomosILEIJABILITY OWSINEDBIWILELIM17 1,000,600 A"y"L 'To ACE'BAPD5984304781 MM712019 63d1212020 SOZILY INJURY 0""E" K EDUL-L '?;OILY ONLY H+SLMS -VILY INJURY(F`—wam S OtSLY 7 UP ELsff6LniCihtlAA3E B 01-CLFURENUE g: 5,[IOO,Ili70 EXCESSIPS CLME-ALIr CPCAP5874, 4781 (UM212019 @X1212020 'UGFs GATE 5'aw'000 ora I X.I RE7EIM011 0 C V00W 2 COMPENRATM AND ENIFLOVERYIJABILMY veyANY FRCPFUET'a'-.P-,RTW-REXE2�J7,1,�E, 21WECP015U MM712019 OW1212020 �-LEIIIAC111111 11 1,000,0()0 �QljMMW4 EXaJMEC? N fA L OGE�,SE-EA EMPLOYET, 1,000,600 wy——.1.ua4r 1'000,000 I DESORIP7MON OFF OPETZtmOM'— CERTIFICATE HOLDER CANCELLATION' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT10N 6A17E THEREOF. NOTICE WILL BE DEIIVERED IIN ACCORDANCEWITH THE POLICY PRIDI.qZIONS. AUTHORIZED MERIFIrMENTATNE IFor Information Only ACORD 25(20IEBI03� 0198&21715 ACORID CORPORATION- All nghts reserved. The ACORD name and logo am registered marks of ACORD (58) GEHRING Enwow,G R 0 U P A Page 24-4 of-481_� Proof of Professional Liability Insurance Offaq)OFY"y) Ac"R11Y CERTIFICATE, OF LIABILITY INSURANCE DKIE 137i231201e THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO,RIGHTS UFON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B,E,LOVW. THIS CERTIFICATE OF IINSUIRANCE 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 pafioy(ies)must have ADDITIONAL INSURED laravisions or be endorsed.. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement an this Certificate does not confer rights tG the cerfifloate holder in lieu of such endorsementfs.J. PRODUCER CCN7TAOT ,NAME Tom Willins FAX Gehring Group,Inc: ZrE Fft END MI-45213-45797 AjON,:Ml-,52E-11970 42130 Northcorp Padkway,Suite 185 E4"RESS:IL AEDthoniras.wil�lins@gehfinggirou,p-com Palm Beach Gardens,FL 3,341-D NEURrPAS,)AFFORDING,COVERAGE NAIC 9 ,MURER A:Arch Specialty Insurance urance Compan y ROURED VNIURER 8: The Gehring Group.Inc. VUURER 0: 4200 Northoorp Par way rI D Suite 181, Palm Beach Gardens FL 33410 DBURER F: COVERAGES CERTIFICATE NUMBER, REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN'SUREa NAMES 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 10-SUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS GUBJECT To ALL THE TERMS, EXCUJSION'-E,;ANa CONDITIONS OF SUCH POLICIES LIMITUSHUMN MAY HAVE BEEN RE'LeUCED BY PAID CLAIMS. MIRA�3= P13LICYEFF " POLIOVE TYPE WSUR4RCE LTR INERT POLICY NLMMER 4NkVD0NYM MMMM"fY) LMffT3 COMMERCIAL 3ERrERAL,LIAS&LffY EACH OCCUR--HOE $ RRIn OL&MM-MADE M E TO E31 tl MED EXP 4"am p—� $ FERSOKAL a ADV INJJRf $ GEWL AGGREGATE UMITAFFLISS PER: GE�iERALAGC�4%=QkTE $ PV .IE C7 L'-'O CIYAPPOF3D3 Ii OTHER: AArromaell-ELIABILM �EdMBINED MNULE LIMIT $ 'a� q"y 0 a0OL-Y INJURYTerp—, 0AIIED 2004-Y 1 lurcs OAONLYAL708 H§FdEG NIC-1+CAMED FRO-ERTYCAMACE ALTOS L -Y &J7CSONLY 3,ddem EACH OCCUR--fiCE Ii EXCESS LIAR SM&-MALE: rREZA7=- H CE-Z RETEN-rDN; E 1 WORKER COMSI PVEATION PER: I ER AND EMPLOYERI'l-IAMI-rn' V114 SW0711- ANI�FRCF�E70-7'P,-A-rNE3tE)CELUTIVE ❑ 'WeA, 7.L EACH,-LCIDe1rr OFFOMWEIISEREAOLLDED? obl-d.b.y In NHI E.L.D�SEASE-EA EWLI:YIEC Ii tr 3—.,&-'&M-J�' DESCRIFrION OF OPERATIONS b6— E.L DISEASE-POUCY LWI 7 $ A, Prof i€ n l UabilW—, NPL00603-06-01 1 5122/18 1-5-4 22I?19 1 1$ 5,000,000 DUCRIF'nDNGFCFERA-nCNIfL.00ATIONSIVMCLES Insurance Brokerage and Consulting Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED. IN ACCORDANCENTH THE POLICY PROVISDM'S- At7r+*aF=REPREBENTATNE Thomas Wiflins 01088-2015 ACORD CORIPIORATPON-All rights reserved. 201 VG3) The ACORD,nanw--and logo are registe red marks of ACORD, (59) GEHRING Enwow,G R 0 U P Page 245 el 4361 Tab 9: Exhibits Exhibit A...........................................................................Available Online Safety Training Courses Exhibit B...............................................................................................2019 P &C Market Outlook Exhibit C..........................................................................Sample Claims Analysis Summary Report Exhibit D.....................................................................Sample Risk Management Action Timetable Exhibit E................................................................Sample Employee Disaster Assistance Program Exhibit F.......................................................................Sample Site Inspection Assessment Report Exhibit G ................................................................................ Risk Management Resource Library (60) GERING Enwow,GR0UP Exhibit "A" Available Online Safety Training Courses (61) GERING .'GR0UP I (INLINE TRAINING&INFORMATION SYSTEM SUMMIT CONNECT Course Ust Accident Investigation Flammable Liquids: Know Your Risk Marine Security Air Emissions Food Allergens Muscle Strains&Sprains Ammonia Safety Food Manufacturing:Contamination Prevention Office Ergonomics Aerial Lift Safety Food Manufacturing: Microbiology for Dairy Office Safety Asbestos Awareness Food Manufacturing:Quality Assurance Off-The-Job Safety Back Injury Prevention Food Manufacturing:Sanitation OSHA Recordkeeping Back Safety Food Manufacturing:Site Security PACE Behavioral Driving—Large Vehicles Benzene Food Manufacturing:Traceability Management PACE Behavioral Driving—Small Vehicles Bloodborne Pathogens Forklift Safety Personal Protective Equipment-Construction Bloodborne Pathogens: Exposure Prevention Formaldehyde Safety Personal Protective Equipment Compressed Gas Cylinders GHS:Chemical Labeling and Classification Pipeline Safety Concrete&Masonry GHS:USA Compliance Power Press Safety Confined Space: Emergency Rescue GMPs: Food Production Excellence PPE:Armed for Safety Confined Space: Permit Required HACCP:Food Hazard Prevention Preventing Slips Construction Safety Orientation Hand&Power Tools Preventing Spills Container Labeling Hand Safety Process Safety management Crane Safety: Mobile Cranes Hazard Communication Radiation Safety Crane Safety: Pendant Controlled Hazard Communication:Erase the Mystery RCRA Decision Driving Hazard Communication:Knowledge to Protect Respirators:Air Purifying Decision Driving—Truck Hazard Recognition Respirators:Air Supplying Decontamination Hazard Recognition/Workforce: Identify&Eliminate Rigging Safety Disaster Readiness Hazardous Waste Road Rage DOT/CSA:Profiled in Safety HAZWOPER Safe Behavior DOT Driver Logs Hearing Safety Safety Attitude for Safety's Sake DOT Driver Qualifications Heat Stress Safety Orientation DOT Driver Wellness Hexavalent Chromium Scaffolding Safety DOT Drug&Alcohol Testing-Employee HMT:Bulk Transport Sexual Harassment: Understanding&Preventing DOT Drug&Alcohol Testing-Supervisor HMT:General Awareness Sexual Harassment:What Supervisors Need to Know DOT Pre&Post Trip Inspections HMT:Non Bulk Shock Proof Qualified Employee Driver Awareness: 15-Passenger Van Safety HMT:Safe Work Practices Shock Proof Unqualified Employee Drug Testing Awareness HMT:Safety Requirements for Drivers Silica Safety Awareness Electrical Safety HMT:Security Awareness Site Security Electrical Safety—High Voltage Awareness HMT:Shipping Requirements Slips,Trips&Falls Electrical Safety—High Voltage Safe Work Practices Hoists&Slings Small Spill Cleanup Electrical Safety—NFPA 70E Hot Work Static Electricity Electrical Safety—Part 2 Hydrogen Sulfide Safety Stormwater Management Employee Safety Orientation Incident Investigation Street Smart:Driving Skills Energized Electrical Work Permit Industrial Ergonomics Transportation of Dangerous Goods Environmental Awareness Introduction to OSHA TSCA Excavations,Trenching&Shoring Job Safety Analysis Tuberculosis Awareness Eye Safety Lab Safety Valve Safety Eye Safety: Focused on Protection Ladder Safety Walking Working Surfaces Fall Protection Laser Safety Welding Safety Fall Protection Lead Safety WHMIS Fall Protection-Construction Leadership Skills for Safety Winter Driving:Weather the Road Fall Protection-Construction Part 2 Lockout/Tagout Workplace Violence: Prevent the Threat Fire Protection&Prevention Lockout/Tagout:Energy Control Fire Safety Machine Guard Awareness First Responder Awareness Level Machine Guarding s IL 18 800.447.3177 Summit Training Source is a member of the HSI Family of Brands. KEY 13 DVD Item #$ dingle Student Online Video Course Item # Instructor Streaming Video Course Item # Interactive Online Item Length of DVD Program A Available Languages (E/S=English &Spanish) 13 All DVDs and Instructor Streaming Programs include Support Materials(facilitator guide, quiz, employee handbook, and a PowerPointTM presentation in English only). 13 All Student Video Courses and Interactive Online Courses include a Certificate of Completion. Accident Investigation Accident Investigation for Healthcare Teaches employees a systematic approach for effectively investigating When working in a medical environment,there are a number all types of accidents and determining their root causes to help prevent of specific hazards that can lead to accidents or injuries.Accidents future incidents.This program covers: can happen anywhere at any time,so it's important to be well prepared •Purpose of an accident investigation to handle these potentially difficult situations.This program covers: •Responding to different types of accidents •When to investigate •Conducting an investigation •The accident scene •Techniques for getting accurate results when interviewing witnesses •Interviewing witnesses •Documenting findings and corrective actions •Reviewing records •Implementing improvements •Analyzing information S9400 a Online:Spanish •Communicating recommendations aS::6564 13 51769 13 S"17694 M15:00 Accident Investigation: Determining Root Causes Offers a systematic approach for effectively investigating all types of Aerial Lift Safety accidents and determining their root causes in order to prevent future Addresses 1910.67/ANSI A92.6 incidents.This program covers: Teaches best safety practices, housekeeping,and equipment •Purpose of an accident investigation maintenance techniques to prevent aerial lift accidents at your site, •Responding to different types of accidents including scenarios when working with or around electricity,working •Conducting an investigation in inclement weather,and working in an elevated bucket.This program •Techniques for getting accurate results when interviewing witnesses covers: •Documenting findings and corrective actions •Implementing improvements •Fall protection, load requirements,and equipment •Pre-start inspections 0S6006 Es S17233 517000 M 19:00 •Safe use Online:Spanish 13 56271 3 517285 517002 IM 59455 M 11:00 a EIS DVD,Online:Spanish Accident Investigation: Examining The Details Explains the importance of implementing a successful accident investigation process by training workers how to figure out exactly why an accident occurred, in order to achieve a safer workplace for everyone in the future.This program covers: •What to investigate • Reviewing records •The accident scene •Analyzing information •Interviewing witnesses •Communicating recommendations 0S6533 Es S172,34 S"17001 M 18:00 M EIS DVD Exhibit "B" 2019 P&C Market Outlook (62) GEHRING Cw4m,GR0UP cu E H R I N GROUP ;t EMPLOYEE BENEFITS RISK MANAGEMENT f 2019 P&C 1 i F= 11 jt Market Outlook H I 1 Il 1 k 4 Page 252 of 436 2019 PC Market Outlook 2 Table f Contents Introduction..................................................................................................................................................3 Howare Premiums Determined? ...............................................................................................................7 2018 Market Outlook Forecast Trends........................................................................................................8 Property........................................................................................................................................................9 GeneralLiability..........................................................................................................................................10 CommercialAuto........................................................................................................................................11 Workers' Compensation ............................................................................................................................12 Cyber...........................................................................................................................................................13 Directors and Officers Liability...................................................................................................................14 ProfessionalLiability..................................................................................................................................15 Employment Practices Liability..................................................................................................................16 Fidelity&Crime..........................................................................................................................................17 MovingForward.........................................................................................................................................18 MoreInformation.......................................................................................................................................19 Page 25ti 2019 PC Market Outlook 3 Introduction Insurance is one of the most valuable lines of defense for all businesses that want to protect their finances and ensure their ongoing success. And, as policyholders review their budgets and lines of coverage each year,they need to know how their insurance costs will impact their bottom lines. 2018 Market Trends The catastrophic damage from hurricanes Harvey, Irma and Maria in 2017 caused an estimated $92 billion in damage, and led many experts to believe that insurance carriers would begin to raise rates for property insurance and other lines of coverage throughout 2018 and 2019. However, most insurers were able to spread this cost across global reinsurance and approximately$760 billion in excess capital. Large property losses continue to be an area of concern for insurance carriers—especially after the extensive damage from the California wildfires and wind damage along the east coast in 2018. Despite this, large rate increases should be limited to businesses with large wind or fire hazards or those with extensive loss histories. Instead, many insurance carriers are shifting their focus from property losses to liability exposures. at .... Experts estimate disasters caused nearly$80 billion in insured losses in 2018. However,carriers were able to use$760 billion in excess capital to essentially stabilize the P&C market, - w Social campaigns, such as the#MeToo movement, have changed how workforces and the general public approach harassment. And, as the strength of the U.S. economy has led employees to feel higher levels of job security,the Equal Employment Opportunity Commission has continued to investigate a record number of claims. Even private organizations have faced growing liability exposures due to the ongoing opioid epidemic and the rising number of lawsuits. Cyber exposures were also a growing area of concern for insurance carriers in 2018. Not only do losses from data breaches and social engineering schemes continue to rise, businesses also need to consider how data privacy legislation affects their operations.The European Union's General Data Protection Regulation (GDPR)greatly expanded businesses' personal data responsibilities when it came into effect last year, and states such as California and New York have introduced similar requirements for employers. And, as technology continues to be integrated into more operations, some insurance carriers are starting to split cyber coverage among a variety of policies. Where is the Market Headed in 2019? If the P&C market demonstrated one thing after the major property losses from 2017 and 2018, it's that insurance carriers are continuing to focus on specific risks.Just as hurricanes, wildfires and other weather events led insurers to focus on fire,wind and flood risks, carriers will also examine an organization's unique cyber and liability exposures. Underwriters will largely determine insurance rates by looking closely at a business's specific risk exposures and loss prevention strategies, especially as they relate to cyber attacks, data security and r Page 25ti 2019 P C Markel: Outlook 4 Introduction liability. In fact, many insurance carriers are also working with third-party analytics companies to closely study how businesses react to emerging risks. Businesses should expect most insurance rates to increase slightly in 2019 as insurers cover losses from high property claims and liability losses. Additionally, businesses with extensive property or liability exposures could see double-digit rate increases and more limited policy language. However, it should be possible to secure flat renewals or even slight premium decreases for other lines of coverage, especially if businesses have good loss histories and implement comprehensive risk management policies. at .... Over the past two years,the market softened the blow from severe weather loss- es in part by targeting specific fire,wind and flood risks.In 2419,carriers should also carefully approach cyber and liability exposures, - w Despite large property losses and growing liability risks,there's still extensive competition between insurers for most types of coverage. Commercial insurance continues to be profitable for insurers despite the rising cost and frequency of claims, and some businesses are entering the cyber market and other emerging lines of coverage. Insurance carriers are also engaging in record amounts of merger and acquisition transactions in order to absorb another company's book of business. Although this shouldn't have a noticeable impact on insurance rates, it may impact underwriting processes as larger carriers replace another business's procedures with their own. Business can also look forward to some positive trends in 2019: ... ,, t} t '- sx Loinrer uuoriiers' portunities for Rising number of compensation rates— businesses with risk coverage options— Many statesannounced management plans— Insurance carriers may lower workers'' Businesses traditionally limit a policy's terms if it compensation rates for don't want underwriters relates to substantial 2019.Additionally, to look too carefully into property or liability risks, insurance carriers will their operations, but the but other marketplaces continue to compete for increased level of should offer more business because of a scrutiny in 2019 may flexible coverage decline in loss rates, help organizations lower options.This is especially lost-time claims and loss their insurance rates if the case for cyber severity. they address their insurance, as carriers are unique risk exposures. starting to include coverage both in other types of policies and as a stand-alone package. G Page 25M1 2019 PC Market Outlook 5 Introduction These general trends may provide you with an understanding of the commercial insurance market in 2019. However, a number of circumstances can change the development of every line of coverage. Insurance buyers should remember that no two businesses, insurance carriers or policies are alike, and that underwriters consider a number of factors when determining rates.Just as with risk management, the best advice for getting insurance is often to hope for the best and prepare for the worst. Remember, Gehring Group is here to help your organization find the coverage you need to protect your business. While we've prepared this market outlook to help you prepare for what 2019 will offer, you can also contact one of our dedicated insurance professionals today to discuss your insurance options. Trends to Watch in 2019 Insurance experts often examine how outside influences and trends affect the P&C marketplace, and businesses should examine how these factors influence their insurance coverage. Carriers will continue to focus on trends from the past few years, including large weather events, liability exposures and data breaches. However,there are a number of new market developments to consider: Continued market surplus—Insurance carriers are still obtaining large amounts of excess capital, which has helped stabilize the market despite the growing number and severity of claims. Although this trend should continue in 2019, some experts worry that if large losses continue or other market conditions emerge, P&C carriers may not be able to rely on their reserved assets. Delicate political climate—The Trump administration's policies on trade, immigration,taxes and other issues have had a variety of effects on business. New trade deals have changed how " organizations import materials and export products, and an extended government shutdown in the beginning of 2019 caused many federal agencies to pause their operations.This climate will likely remain in place for much of 2019, especially as public perception focuses primarily on affiliation with a political party. Rising motor insurance rates—The growing U.S. economy has put a record number of drivers _ on the road and led to a rising number of auto claims. Commercial drivers and motor carriers y } will also continue to face rising demand for freight capacity and regulatory pressure.The Department of Transportation (DOT) has also indicated that it will examine potential changes to its hours-of-service regulations and Compliance, Safety, Accountability (CSA) program. Page 25ti 2019 PC Market Outlook 6 Introduction ,�� uu Changing perceptions on liability and harassment—The#MeToo movement and other social 013 '� campaigns have highlighted workplace harassment, and businesses are being held to a higher r-��-�DD standard for topics related to their employees' actions and employment procedures. Because of 130130 � this, many businesses will have increased liability exposures—even if they haven't changed their operations and don't have loss histories. Region-specific weather risks—Carriers are closely examining how a business's location and loss history affect the chances of future wind,flood and fire damage. Specifically,the catastrophic losses from the 2018 California wildfires are leading insurers to take a close risk at businesses along the Pacific coast and in other fire-prone areas. Underwriters are also looking at businesses with multiple rain and flood claims, especially those along the Gulf and Atlantic coasts. Flood insurance updates—A short-term renewal of the National Flood Insurance Program (NFIP) was issued just before the start of 2019, but most experts agree that it needs extensive changes to remain a viable option for businesses and homeowners. Many legislatures have suggested the program needs to allow for private insurance options, limit payments to properties that flood repeatedly, create incentives for risk mitigation or improve flood mapping programs. r Page 25 �' ti � 2019 P C Market Outlook 7 How are Premiums Determined? Before examining specific lines of insurance, it's important to understand how carriers determine a policy's premiums.These figures represent the amount of risk an insurer accepts on behalf of a client, and change based on an underwriter's belief of how likely each client will make a claim and how much those claims will cost. Policyholders control some of the factors that can influence premiums, including risk management plans, selecting policy limits and deductibles, and claims history. However, many external factors can drive insurance rates up or down: • The cost of reinsurance—Simply put, reinsurance is coverage for insurance companies. Carriers often buy reinsurance for risks they can't or don't wish to retain fully, including those for severe weather events like hurricanes and wildfires.As a result, reinsurance helps to stabilize the premiums for regular businesses by making it less of a risk for insurance carriers to write a policy. However, insurers often shift the price for reinsurance to their P&C policyholders, raising their rates. • Inflation—Insurers will often adjust premiums to keep pace with inflation. For 2019,the inflation rate across North America is expected to remain steady. • Investment income—Nearly every insurance carrier uses the funds it receives from premiums to invest in other markets, such as real estate and securities that accumulate interest. If these other investments generate large returns, carriers may be more likely to offer lower insurance rates. • Underwriting profitability—Insurers use combined ratios to measure their underwriting profits. These figures are calculated by dividing the sum of incurred losses and operating expenses by premiums. A combined ratio of 100 percent represents a level of total equality between losses and the number of policies an insurer is covering, and a higher or lower ratio respectively means that a carrier is losing or making money.Although the average combined ratio approached 100 percent at the end of 2018, most insurance carriers remained profitable because of high investment returns. Insurers use combined ratios to measure their profits from their insurance policies,and are calculated with this formula. Losses over a specific Qperatin� expenses + time period Prernlurra s collected over the sarTie period of tirTie Page 25ti 2019 PC Market Outlook 8 2019 Market Outlook Forecast Frauds Below is a high-level overview of 2019 market trends per line of coverage. For more information on individual topics, please see the dedicated sections for each line of coverage. LINE OF • FORECASTTRENDS • Noncatastrophic: -2 to +2% Property • Catastrophic: +2.5 to +10% • Catastrophic with losses: +10 to +20% General liability • Overall: Flat to +5% • Fleets with a good loss history:5 to 10% Commercial Auto • Fleets with a poor loss history: +15% • Clients with guaranteed cost programs or positive loss experience: -10%to flat Workers' compensation • Clients with deteriorating loss experience and loss-sensitive programs: -3 to+3% Cyber • Overall: Flat to +5% • Private companies: Flat to +7.5% Directors and officers • Public/nonprofit companies: +5 to+15% Professional liability • Overall: Flat to +10% Employment practices liability • Overall: +5 to+10% • Overall: Flat Fidelity and crime • Businesses adding coverage for social engineering: Flat to +3% Page 25ti 2019 PC Market Outlook 9 Property In 2017, natural disasters caused over$130 million in insured losses and led many experts to believe that the property insurance market would harden accordingly. And although a period of uncertainty did cause rates to rise in the beginning of 2018,the large amount of excess funds in the property market helped stabilize the market and slow price increases. There were a number of significant natural disasters in 2018, including widespread wildfires along the Pacific coast and two major hurricanes. However,total insured losses were notably lower than 2017, and insurance carriers are focusing on geographical and industry-specific property risks instead of implementing major rate increases for the entire market. Property insurance rates will likely increase slightly for all types of risks in 2019, although businesses with good loss histories and comprehensive risk management strategies may be able to negotiate for slight decreases. But underwriters will be especially careful when drafting policies for businesses that have significant exposures to wind,flood or fire damage. 2019 Price Prediction Noncatastrophic: -2 to +2% Catastrophic:+2.5 to+10% Catastrophic with losses:+10 to +20% Trends to Watch in 2019 • Capacity and competition between insurers in the property market remains high, but some carriers are starting to write stricter terms and conditions into policies. • Congress has issued numerous short-term renewals for the National Flood Insurance Program (NFIP), and experts believe that a major overhaul is likely coming soon. • Insurance carriers are closely examining how cyber risks can lead to property damage, and some policies may include specific cyber exclusions. Tips for Insurance Buyers • Review your business continuity plans so you can resume your normal operations as soon as possible if a disaster strikes. • Gather all data on any property losses you've experienced to identify your biggest risk exposures. • Draft comprehensive risk management and response plans to reassure underwriters. • Consider taking on additional risk if you can't accept rate increases. Page 26 6 tv, 2019 P C Market Outlook 10 General Liability► Lawsuits, wildfires, widespread opioid use and other major issues helped highlight commercial liability risks in 2018, but market capacity remains high and insurers are still competing for new business. However, insurers will continue to examine excess and umbrella policies carefully for risks that could lead to large punitive awards. Businesses with good loss experiences and well-documented risk management practices can expect good terms during renewals, especially if they can secure multiyear deals. However,there's less market capacity for industries with higher risks, such as pharmaceutical, heavy construction and energy. Lawsuits and accompanying rewards will continue to be a top concern for insurance carriers in 2019. As employment rates rise and social campaigns like the#MeToo movement gain followers, businesses will face costly liability claims that could raise their rates. 2019 Price Prediction Overall: Flat to+5% Tips for Insurance Buyers • Examine your commercial general liability policy to make sure you don't have any gaps in coverage. • Review how much umbrella and excess liability coverage your business needs, as large awards from lawsuits have hardened this section of the market. Page 26 � ti 2019 P C Market Outlook 11 Commercial Auto `, 11,111',11,,,, Going into 2019, increased rates will create an ongoing challenge for commercial fleets, and insurance buyers should expect to see some of the highest increases in years.While business itself continues to be prosperous, costs related to labor, maintenance, equipment, licensing and compliance have increased steadily over the last few years,forcing fleets to increase service fees. Adding to the market pressure,the growing U.S. economy has put more drivers on the road than ever before, and, as a result, auto liability claims have steadily increased in both frequency and severity. What's more,the rising cost of medical care has led to significantly higher claims, and increased premiums aren't enough for insurers to overcome their loss costs. Insureds should continue to expect upward rate pressure, particularly as jury awards for single plaintiff auto accidents continue to reach well beyond six figures. Distracted driving and increased repair costs will also contribute to an upward trend in costs and claim numbers. Moving forward, insurance carriers will continue to raise rates for businesses with commercial fleets and substantial vehicle risks. Underwriters will also closely examine compliance with Federal Motor Carrier Safety Administration (FMCSA) standards and the Compliance, Safety, Accountability (CSA) program when drafting a policy. 2019 Price Prediction Fleets with a good loss history: 5 to 10% Fleets with a poor loss history: +15% Trends to Watch in 2019 • Because underwriters will be looking closely at safety and compliance standards,thorough risk mitigation practices will be key for businesses looking to lower their rates. • Jury rewards—which often exceed $10 million or more—will continue to drive transportation insurance losses. • Organizations with unfavorable loss ratios and CSA alerts should expect to see significant rate increases—some as high as 15 percent.As a result, hiring and retaining quality drivers has never been more important. Tips for Insurance Buyers • Regularly train commercial drivers on FMCSA compliance and create a written program to help lower your CSA scores. • Work with risk specialists to review CSA scores and take corrective action. Page 26ti 2019 PC Market Outlook 12 Workers' Compensation For the past few years, positive developments in the workers' compensation market have led to substantial rate reductions, and most businesses should expect lower rates throughout 2019. In particular, declines in loss rates, lost-time claims and loss severity has created a buyer's market as carriers compete for retentions and new business. Many states announced workers' compensation rate reductions for 2019, but underwriters are expected to carefully examine businesses seeking loss-sensitive programs. Although there is enough market capacity to support these programs, businesses should carefully examine their safety and return to work programs if they want to lower their workers' compensation costs. 2019 Price Prediction Clients with guaranteed cost programs or positive loss experience:-10%to flat Clients with deteriorating loss experience and loss-sensitive programs: -3 to+3% Trends to Watch in 2019 • Workplace drug tests—Workplace drug use continues to rise, especially in the construction, retail and real estate industries.These rates can have a large impact on workers' compensation costs, especially if related to the use of medical marijuana. • Marijuana—As more states legalize medical and recreational marijuana use, the drug's dual identity as a legitimate medical treatment and casual psychotropic can lead to significant problems. Court rulings on medical marijuana's use under workers' compensation programs have been inconsistent, and employers need to set clear drug policies that are consistent with state and federal regulations. • Opioids—Many states have updated their workers' compensation prescription drug policies in order to address the ongoing opioid epidemic. However,these substances will continue to be a common concern for businesses in 2019. Tips for Insurance Buyers • Implement safety and health programs to address common risks, especially when using a loss-sensitive workers' compensation program. • Examine how technology such as wearable fitness trackers and exoskeletons can help you identify and address workplace injuries. • Work with Gehring Group to take advantage of the buyer's market and compare workers' compensation rates. Page 26ti 2019 P C Market Outlook 13 Cyber As workplaces continue to integrate more technology into their operations, new cyber exposures appear across multiple lines of insurance. Insurance carriers created stand-alone cyber polices as a way to set clear distinctions from other types of coverage. However, a large part of the market is now focusing on adding cyber coverage to property, general liability and crime policies in order to address potential gaps. Stand-alone policies are still widely available as insurers continue to enter the market and compete for business. But, now that cyber insurance is relatively common, underwriters will focus on analyzing risk management strategies and defense plans when determining rates.As a result, rates should rise slightly overall in 2019, although businesses with detailed cyber defense strategies may see flat renewals or even slight decreases. Businesses should also consider their biggest risk exposures when looking at policies, including cyber extortion, social engineering schemes and regulatory compliance.According to Cybersecurity Ventures, extortion and social engineering led to over$5 billion in damages in 2017, and the firm expects this figure to rise to$11.5 billion in 2019. Additionally,the European Union's General Data Protection Regulation (GDPR)greatly expanded businesses' personal data responsibilities when it came into effect last year, and California's Consumer Privacy Act is expected to follow suit in 2020. 2019 Price Prediction Overall: Flat to +5% Trends to Watch in 2019 • Insurance carriers may try to shift some cyber coverage to other types of policies. • Underwriters will use third-party data analytics services to help determine a business's cyber exposures and defense plans. • Strong competition has led many carriers to include value-added services in policies, such as security risk assessments, employee training and incident response tools. Tips for Insurance Buyers • Provide underwriters with details on all of your cyber defense strategies to get the lowest possible rate. • Examine your other insurance policies to make sure you aren't paying for overlapping cyber coverage. • Stay updated on your data privacy responsibilities, since the GDPR has led New York, California and other states to introduce additional legislative requirements. r Page 26ti 2019 PC Market Outlook 14 Directors and Officers Liabilit ► In 2019, public and private businesses will experience vastly different marketplaces for directors and officers (D&O) insurance. While public companies will need to manage risks associated with rising lawsuit claims, data privacy and social media movements, private businesses should face a significantly softer market. However, all businesses should expect at least minor rate increases as the number of workplace class-action filings continues to rise. Private Companies Although businesses that don't frequently operate around the general public don't face as much pressure from social media campaigns, some significant emerging risks may pressure insurance carriers to raise D&O rates in 2019.The strength of the U.S. economy has also led to increased job security, and employees are less hesitant to file claims related to the Fair Labor Standards Act.Additionally, directors and officers will be held accountable for new data privacy regulations, such as the GDPR and California's upcoming Consumer Privacy Act. Public Companies Both publically traded businesses and organizations that frequently work around others should continue to expect a hard market for D&O coverage in 2019 as a result of workplace harassment allegations, merger and acquisition litigations and a general increase in claims. Although there will continue to be competition between insurers, some carriers have left the market and businesses may be left with less negotiation options. However, most insurance carriers haven't restricted their D&O policy terms,which keeps broad coverage widely available. 2019 Price Prediction Private companies: Flat to+7.5% Public/nonprofit companies: +5 to+15% Tips for Insurance Buyers • Businesses with poor loss histories or in volatile industries should create risk-specific management plans to reassure underwriters. • Examine your personal information requirements and consider either appointing a data privacy officer at your business or outsourcing the position to a third party. • Create comprehensive communication programs so directors and officers can have transparent conversations with both employees and customers. G Page 26M1 2019 P C Market Outlook 15 Professional Liability The market for errors and omissions (E&O) and professional liability insurance should remain competitive for small and midsized businesses in 2019. However, larger companies may see rate increases, and the number of class-action lawsuits due to errors continues to rise. Although E&O coverage is still profitable for carriers that cover smaller businesses, many of the risks covered by these policies have now been transferred to other lines of insurance.As a result, some insurers have exited the market or fragmented their coverage options according to unique industries or risk exposures. Underwriters should also examine businesses' loss histories and customer relation programs during the application process. Even companies that only work with other businesses should expect a more detailed underwriting process, as multiple claims can occur form a single error or loss. 2019 Price Prediction Overall: Flat to+10% Tips for Insurance Buyers • Regularly audit your professional liability risks, especially those that relate to the health care and financial industries. • Conduct regular reviews of your customers' personal and business risks to identify your exposures. • Review all customer contracts and policies to examine the scope of your business's service and product offerings, especially in relation to personal data. • Specify what lines of insurance are necessary for your business partners and customers in all contracts. Page 26ti 2019 PC Market Outlook 16 Employment Practices Liability Social initiatives such as the#MeToo movement have put more pressure on businesses, and rates for employment practices liability insurance (EPLI) should increase in 2019. Additionally, rising employment levels have caused employees to be more comfortable when they consider if they should make a claim. There will be ample market capacity and competition for EPLI coverage in 2019. However, many insurance carriers are underwriting risks separately, which will make risk management for these exposures even more important for business. Additionally, small businesses may need to purchase more EPLI coverage to account for the rising frequency of employment-related losses. Employers should have more options for addressing class-action filings filed by employees, as the Supreme Court ruled in 2018 that businesses can negotiate with each individual included in a lawsuit. Although this ruling doesn't impact initiatives started by federal agencies or state laws that allow employees to take collective action, businesses can address employee lawsuits more easily. 2019 Price Prediction Overall: +5 to +10% Trends to Watch in 2019 • The Equal Employment Opportunity Commission should continue to investigate claims aggressively, as the agency has filed an average of nearly 90,000 complaints over the past five years. • Equal compensation is becoming a hot topic for both state governments and insurance carriers. As legislation broadening equal pay regulations continues to be introduced, businesses should take care to re-evaluate their practices.The Department of Labor (DOL) has also stated that it will introduce a new salary threshold for paying overtime in 2019. • A lack of qualified job candidates in 2019 may lead some businesses to hire individuals who don't meet all of an open position's criteria. As a result, organizations should focus on comprehensive screening processes and employee training programs to prevent losses. Tips for Insurance Buyers • Examine all of your HR practices regularly to ensure you're treating all employees and applicants fairly. • Collaborate with management, employees and HR specialists to promote a workplace culture that discourages any form of harassment. • Take extra care when hiring or terminating employees. • Provide underwriters with all of your EPLI risk management plans, including the initiatives noted above. r Page 26 2019 PC Market Outlook 17 Fidelity & Crim While fidelity and crime insurance generally covers losses involving funds and physical assets,the rising prevalence of social engineering schemes has been an important topic for insurers. Recent court cases have ruled that the computer fraud provision that's common in many crime policies covers social engineering losses, but this finding isn't consistent in every state. As a result, many insurance carriers are adding language to exclude social engineering losses, or to include coverage along with increased premiums. Generally,the fidelity and crime market will remain stable and employee theft should continue to be the largest risk exposure. However,the rising number of all liability claims may lead to small rate increases overall. Additionally,the fragmentation of cyber coverage among many forms of insurance may allow some businesses to secure flat, multiyear renewals for policies that address the loss of tangible assets. 2019 Price Prediction Overall: Flat Businesses adding coverage for social engineering: Flat to +3% Trends to Watch in 2019 • Social engineering will be a key topic in 2019, and insurance carriers must determine how to cover these risks in either crime policies or another form of coverage. • Cryptocurrencies blur the line between cyber and financial losses, and are becoming a large emerging risk exposure. • Insurance carriers will determine premiums based on the number of employees being covered, business revenues and loss histories. Tips for Insurance Buyers • Implement careful screening processes during the hiring process to check your applicants' honesty and the possibility of employee fraud. • Train employees on avoiding fraud when dealing with customers and third parties, especially when working with online platforms and personal data. • Create programs to verify financial transactions that aren't requested in person. • Pay attention to how advances in technology and current trends in cyber attacks can create new risk exposures. r Page 26ti 2019 P&G Market Outlook 18 Moving Forward It can sometimes seem as if the forces determining your insurance rates are beyond your control. But, as an insurance buyer, it's important to know how your premiums are calculated, what trends influence the market and what you can do to get the best price. Your claims history—which you can control—has an enormous impact on whether your rates go up or down.That's where implementing a solid risk management plan will help steer your pricing in a more favorable direction, both now and in future renewal periods. The following are five key components of a successful risk management strategy: Pinpoint your exposures and cost drivers. Identify the Lest lass control solutions to address your unique risks. Create a solid business continuity plan to account for disasters and other unpredictable risks. Build a company CLIlture focused on safety. Manage claims efficiently to keep casts down. In addition to implementing the above risk management strategies, working alongside an experienced insurance broker is equally crucial. Qualified brokers can help their clients analyze their business, understand their exposures and establish a suite of customized insurance policies that act as a last line of defense against claims. Moreover, insurance brokers understand the market inside and out and can negotiate competitive premiums on a company's behalf. A broker will also thoroughly explain your policies, notifying you of any additional considerations to keep in mind. Remember,the insurance landscape is complex, and while the predictions found in this outlook are based on expert research,they are provisional and subject to change. Fortunately, your partners at Gehring Group are diligently monitoring the market throughout the year and will keep you informed of any changes that might affect your business. This Market Outlook is merely a guideline. It is not meant to be exhaustive nor be construed as legal advice. Consult your licensed insurance professional or legal counsel for appropriate advice. Page 26 2019 P&C Market Outlook 19 More Information For more details regarding the information contained in this report, contact Gehring Group today. In addition to helping you navigate the insurance market, Gehring Group has resources to assist in your risk management efforts. Business owners who proactively address risk, control losses and manage exposures will be adequately prepared for changes in the market and will get the most out of each insurance dollar spent. i 4 ' t. t i t > r7 z f� fy ti 1 i I ( (. tzt i.l S ni,l �"1I rh �.,�� Qx� ,r �,l � u4 !, ,.<< '12 �l . t "1111"1 qjI .. 1 F S. rt �_ r � s 1 f t 4 f y r s ok is �� .� � snot m ;` ice. C It yo ense �ran ce`1fess]o Exhibit "C" Sample Claims Analysis Summary Report (63) GERING EWOM,GR0UP aaaaaa ,aaaaaaa ,aaaaaaa ,a }t�`��, �X�� = ,,r�z _ i}2 iii ltil, Strategic Risk Action Timetable i Actual Gehring Group City of Boynton Beach Start Complete Responsibility Responsibility Approval 1. Planning Phase/Meeting a. Identify/introduce team members b. Notify carriers and establish meeting date to review open issues c. Establish communication channels through company flowchart d. Secure contact list by location e. Furnish list of all coverage lines and vendors f. Determine scope of project g. Discuss timetable h. Identify information needed to market i. Establish operating standards and response regimes 2. Information Gathering a. Collect policies and loss data [5 years] b. Obtain financials c. Determine missing information d. Request missing information e. Compile information for step 3 Exposure3. Perform a. Determine risk management objectives b. Perform all encompassing risk management analysis c. Visit major domestic locations, perform exposure survey d. Perform exposure survey for foreign locations e. Present exposure survey results to City of Boynton Beach f. Draft/edit/refine risk management recommendations g. Present risk management recommendations 4. Marketing Strategy a. Identify viable markets b. Develop market submissions c. Perform loss forecasting analysis d. Complete market submissions e. Evaluate quotes f. Negotiate contractual provisions g. Present renewal options Page 272 of 436 Actual Gehring Group City of Boynton Beach Start Complete Responsibility Responsibility Approval S. Gehring Group and Carrier Service Plan a. Develop carrier service standards b. Obtain special service agreements with carrier c. Perform loss of cause analysis d. Identify top loss drivers e. Review top loss drivers with City of Boynton Beach f. Review current loss control objectives g. Discuss loss control options with City of Boynton Beach h. Establish Gehring Group service and loss control plan i. Approve/modify carrier and Gehring Group service plans j. Deliver respective service plans to City of Boynton Beach 6. Implementation a. Discuss market selection b. Confirm market c. Secure coverage d. Meet to discuss certificates of insurance needs e. Issue binders, certs, auto ID cards f. Monitor progress of policy issuance and delivery g. Perform contract reviews h. Initiate performance service plan Page 273 of 436 Exhibit "D" Sample Risk Management Action Timetable (64) GERING Cro,GR0UP O O OlOl 10 lo O O E r 31 Ll t .. 10 10 0 L om l � s���� ��� ° m 0)m rn rn rn rn m rn {'f m r- 00 r ''a F {{{ { Ln l m f 4 r O o m 40N Ln � '- I- l0( N m U m r-U��' nr 't I ! ^O tltc l0 00irk $� 4m�t �I��� �44'�ft� 0111 - IOl 4r' N0) 00 m �Ol I O N ei N N Ol it€ r< ,Lfl�rf` l0CD NREM �p 't t 0 m rn I{{, 0 ,n ) m gtr 0 1.0 o � r iN o k SII. , !#'. `,N N�IL O (t0 `� r� N O Ql • r- k'1 O �O l0 N {O Q) ! 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N. t7 m jo O O 0 0 m O O O 0 O O O o O 4 Page 275 of 436 � a ID rn u7 U) r° �r d CN a a d M � a ., s o . u) N E 00 un N E + v3i d d C r. o LnCD M N L CL o a d 0 CU E00 , � �; o N • z Lnr C Ln d 0 • O Qo N m U C ' N cn c d Ia 06 Ln E Ia J 00 O N 00 M 00 d 00 d N d N C d 0d �; 0 N M d � d N d d M d l0 d M � 00 Lf1 � 00 u1 �y ri C d d d d d d d d d d d 61 00 rm l0 u7 v' M N ra ci Page 276 of 436 ""Wi0 N ll0 N CN N m N N N N .0 s o N m E E • N C 0 La v �L ! m E 0 U) 04N O 0 J V1 E m 0 V N > '� O • O v► o -' N 0 v U N �L • 1 ccN � � C � 0 O N N E N d J O C II II Ili�� III O # • o o 0 ®, 0 0 0 0 0 0 0 0 0 00 � Ln � m cli 0 Page 277 of 436 0 N s N m N N 0 N 00 O {: 0 E E ' 0 ° N sD L04 00 � 5 '; O c) Ma ,, rIjE 0 V1 `t ' ' ' 4-0 � j: N h V 0 T O ": 0 0 : p *' U • N o T Ur: N Q Lj 06 N V E • v o CDJ 00 m � N �4 N ', f7 (4 N I�f N 4 a) a) N rIj H c-I O 00 yO 0 yn yn yn SUGHM Page 278 of 436 0 E .� E v U x t v � v y m x oa -6 += v f6 C bA 0 i+ Z J 00 �t t4 L :,. to \ m C-) V in *0 LLJ m E E C 0 V1 �L D M Q 0 V1 •.:. T N C 0 0 v E U �p 2 4-j 0y V l N x t cc � f6 ■, C W 06 2 CD N +� J ! F- 0 bA W Z J a 0 J 00 uj U � 4 t' 11 V � 4 t., Al)7r,,. s,< t `t t Page 279 of 436 Exhibit "E" Sample Employee Disaster Assistance Program (65) GERING Cro,GR0UP fk it 1 S tir ri t � i t db k 1 'js 5 .1 •r�;tsYft(s{ � } 4 r� � 4 1 .* i r� r •' E 6 3 I � � � py' s „ �s � — r., • L- a) m _ � _ m o . . C .— -g CD o � — Q co C: LLJ CL C: } • � -0 } 0 ' o o . c E . L C ca 0 _ CCS LO a) CL'55 OL • • L C (L3 i Q Z l'tiION", ht ,k Pill cn cu co CU J i(( 1 'fi, t )1 � r t w i db l g � 1 1 s b • Ij lit *� 1447 al 61, � t S �I ILLJ igh 4-02M�11 db on �mg 11 At {� c G t Se Exhibit "F" Sample Site Inspection Assessment Report (66) GERING Cro,GR0UP City of Park Maintenance Thursday, December 6, 2018 5 Issues Identified Rodney Louis Gehring Group Risk Control Services are intended solely to identify and assess reasonable risks within the member's insured property and does not warrant or guarantee the safety of any property or condition within the member's property and cannot guarantee any additional risks will not result in loss following a Risk Control Assessment. Improvements or corrections to The Member's property are solely its responsibility. Accordingly, member acknowledges Neither Gehring Group employees or agents shall be liable for losses related to any risk assessment provided. Q E H "' I N G � H R U` U P EMPLOYEE BENEFITS I RISK MANAGEMENT Page 286 of 436 Housekeeping Location: Parks Maintenance - t Downtown Maint. Shed Debris and scattered materials should be removed. Equipment SafetyLocation: Parks Maintenance - �" ( Downtown Maint. Shed \P 1S jf PN tint Safety guards missing from lawn maintenance equipment. tE u,d Page 287 of 436 Safety Location: Parks Maintenance - Downtown Maint. Shed Fluorescent light guard or cover is missing. r Security > d iy f�q r Location: Parks Maintenance - ,rY Downtown Maint. Shed pVpVpV pV Locks missing from outdoor hazardous chemical and fuel cabinets. f � t Page 288 of 436 Security Location: Parks Maintenance Downtown Maint. Shed t 1ft - Gap in shed door should be s � 1, covered by a lock entry late. y Page 289 of 436 Exhibit "G" Risk Management Resource Library (67) GE Rf NG CrolGROUP Gehring s ?,0qelkl CCj500\kl f k U k ce s Ills y � 1 t y, k GEHRING tS ' G R O U P EMPLOYEE BENEFITS I RISK MANAGEMENT iwov`� Page 291 of 436 � � � w Property `� `~��U�Auy Resource Library GehrinQGnDUp Table of Contents s Compliance.....................................................................................................................................................1 State-specific Regulatory Information................................................................................................................ 1 State & Federal Safety Guides -----------------------------------------. 1 Workers' Compensation Statutes....................................................................................................................... 2 Workplace Poster Requirements........................................................................................................................ 2 Frequently Cited OSHA Standards...................................................................................................................... 2 OSHATraining Programs..................................................................................................................................... B Quarterly OSHA Safety 0evvs|etter--------------------------------------- B Regulatory Updates and Compliance BuUetins --------------------------------.. B DOT Checklists -------------------------------------------------. 4 Driver/Carrier Forms........................................................................................................................................... 4 Fleet Safety Reference Materials........................................................................................................................ 4 EducationalMaterials..............................................................~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~5 CoverageInsights................................................................................................................................................ 5 Monthly P&C Pro-File 0evvs|etters--------------------------------------- 5 Presentations...................................................................................................................................................... 5 Risk Insights--------------------------------------------------- 6 ContinuityPlanning............................................................................................................................................. 6 Loss Control 6 ClaimsCost Containment.................................................................................................................................... 7 Checklists ............................................................................................................................................................ 7 Workers' Compensation Resources.................................................................................................................... 7 ManagementLiabilities ...................................................................................................................................... 8 EmployeeCommunications ............................................................................................................................8 Safety Awareness Carnpaigns-----------------------------------------.. 8 EmployeeResources........................................................................................................................................... 8 Playingit Safe Flyers ........................................................................................................................................... 9 TargetonSafety Flyers ....................................................................................................................................... 9 Safety Matters "Toolbox Talks"----------------------------------------.. 9 � � � w Property `� `~��U�Auy Resource Library GehrinQGnDUp Bulletins ............................................................................................................................................................ 1O Safety Manuals ------------------------------------------------. 10 Safety Po|icies------------------------------------------------- 10 ConstantInnovation .....................................................................................................................................11 CyberLiability.................................................................................................................................................... 11 Social Media Risk -----------------------------------------------. 11 Enterprise Risk Management............................................................................................................................ 11 Cityof BBeach Request for Proposals RFP #017- 1710- 19/MFD Insurance Broker Services Response Prepared By: Risk Management Associates, Inc., dba Public Risk Insurance Advisors A wholly owned subsidiary of Brown & Brown, Inc. Brian Cottrell, CIC, CRM — Vice President / Public Risk Advisor 220 S. Ridgewood Avenue, Suite 210 Daytona Beach, FL 32114 (386) 239-4060 Due: May 14, 2019 at 3:00 p.m. 11 ' 1 1 • 1 i City of Boynton Beach Request for Proposals RFP No.: 017-1710-19/MFD Insurance Broker Services Section Introduction Letter / Statement of Interest 1 Statement of Organization / Executive Summary 2 Minimum Qualifications and Requirements 3 Qualifications / Experience of Proposer 4 Current and Projected Workload 5 Similar Projects / References 6 Cost Proposal 7 Submittal Forms 8 City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS Section 1 Introduction Letter Statement I K-�JAE 0 1 - I-J MIA LVIMP-7m Tab 1: Introduction Letter / Statement of Interest The respondent shall provide an introduction letter on corporate letterhead signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. May 10, 2019 City of Boynton Beach Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Re: RFP #017-1710-19/MFD - Insurance Broker Services To Whom It May Concern: Public Risk Insurance Advisors (PRIA), a wholly owned subsidiary of Brown & Brown, Inc., is fortunate for the opportunity to submit our response to the City of Boynton Beach RFP for Property and Casualty Insurance. We trust that you will find the response contained herein to be concise in demonstrating our understanding of the City's solicitation for a qualified professional insurance broker. It is our intent to demonstrate our firm's willingness and ability to meet and exceed the terms requested, as well as our compliance with the outlined requirements. PRIA's philosophy is, and always will be, to exceed our clients' expectations while maintaining high professional and ethical standards. PRIA is a specialty brokerage agency dedicated to the public entity niche business for more than 25 years. Our office, located in Daytona Beach, employs 23 teammates and manages the insurance placement for over 250 Florida public entities.While PRIA operates as the largest and most proficient public entity insurance broker in Florida, Brown & Brown agencies represent 50+ offices in Florida employing 2,500 teammates and handling over 350 public entities. Our unique model provides us access to a large national broker network, allowing us to negotiate better terms and conditions, create specific service plans based on our client's goals and objectives, and provide the best service to our clients.We are an independent agency with no vested interest in any insurance carriers or insurance trusts. PRIA operates as a truly unbiased broker/consultant with focus solely on doing what is best for our clients. r ' 1 1 • 1 i Throughout this response, our approach revolves around three main objectives: 1. Enhance the City's Insurance Program 2. Lower the Total Cost of Risk 3. Provide Concierge-Level Service PRIA is very familiar with your current program as we are the largest agent for Preferred and currently place more than half of the Trust. I have reviewed your current coverage and pointed out several potential changes within this proposal. Every effort was made to provide requested information concisely,to completed required forms,and succinctly illustrate our understanding of the City's needs. Mr. Matthew Montgomery has binding authority for all PRIA agreements and contracts and his contact information follows: Matthew Montgomery, Executive Vice President P.O. Box 2416 Email: MMontgomery@bbpria.com Daytona Beach, FL 32115 Voice: (386) 239-7245 Fax: (386) 239-4049 We request the opportunity for an oral presentation to the City to expand upon the benefits of working with PRIA as your broker. Please consider this signed document as evidence that this proposal is in all respects fair and in good faith, without collusion or fraud. We offer a firm and irrevocable offer of coverage for ninety (90) days from the date of Proposal opening.The signer has the authority to bind the principal proponent. Kind regards, za_W_ _ Matthew Montgomery Executive Vice President City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS Section 2 Statement Organization I K-�JAE 0 1 - 1-j MIA LVIMP-7m Tab 2: Statement of Organization The Respondent shall provide the following information: A. Legal contract name including any dba. Risk Management Associates, Inc. dba Public Risk Insurance Advisors B. State of organization or incorporation. Florida C. Ownership structure of Respondent's company. (e.g. Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) Corporation D. Federal Identification Number. 59-2445801 E. Contact information for Respondent's Corporate Headquarters. James Lanni Brown & Brown, Inc. (386) 239-7276 220 S. Ridgewood Avenue Daytona Beach, FL 32114 F. Contact information for Respondent's local office (if any). Matt Montgomery Public Risk Insurance Advisors (386) 239-7245 220 S. Ridgewood Avenue, Suite 210 Daytona Beach, FL 32114 I K-�JAE 0 1 - 1-j MIA LVIMP-7m G. List of Officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers Officer Name Address Email Address Phone Number P. Barrett Brown, Six Concourse Parkway bbrown@beechercarlson.com (404) 460-1372 President Atlanta, GA 30328 Matthew Montgomery, 220 S. Ridgewood Ave. Executive VP Daytona Beach, FL 32114 mmontgomery@bbpria.com (386) 239-7245 James Lanni, 220 S. Ridgewood Ave. jlanni@bbins.com (386) 239-7276 Vice President Daytona Beach, FL 32114 R.Andrew Watts, 220 S. Ridgewood Ave. awatts@bbins.com (386) 239-5770 Vice President Daytona Beach, FL 32114 Robert W. Lloyd, 220 S. Ridgewood Ave. rlloyd@bbins.com (386) 239-5752 VP Secreta Daytona Beach, FL 32114 Anthony M. Robinson, 220 S. Ridgewood Ave. Anthony.robinson@bbins.com (386) 239-8855 VP Secreta Daytona Beach, FL 32114 William Daly, 220 S. Ridgewood Ave. bdaly@bbins.com (386) 239-8865 Treasurer Daytona Beach, FL 32114 City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS J,Powell @rawer, Pa ncutp��Hfice� U; P.Barrett Brown u P.9,0.1 dwi v c+r Ctr�,vddore MattneYY htantpamery Lxncutrv©Vice F[mu6,ai4 Account r, , Aslrksare r Property&. 'Employee G Property&Casualty ( Employee t,3ertefits Casualty Senefits Service Team i.: Service Team i 1. • i - • • � 1 . 1 I K-�JAE 0 1 - 1-j MIA LVIMP-7m J. Contact information for Respondent's Secondary representative during this RFP process. Robin Russell Public Risk Insurance Advisors 220 S. Ridgewood Avenue, Suite 210 Daytona Beach, FL 32114 (386) 239-4044 rrussell@bbpria.com K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Disclose any circumstances where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. PRIA has no potential conflicts of interest, pending or current litigation relating to the performance of requested services nor have we been investigated or had an adverse determination by any legal or administrative body. L. Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). Risk Management Associates, Inc. dba Public Risk Insurance Advisors (PRIA) has not had any changes to our organization in the last three years, and we are not anticipating any changes in the next six months. City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS Section 3 Minimum Qualifications and 11 I K-�JAE 0 1 - 1-i MIA LVIMP-7m Tab 3: Minimum Qualifications and Requirements Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirements. Failure to meet these minimum qualifications may deem your submittal non-responsive and ineligible for further consideration by the Selection Committee. a. Must be registered with the State of Florida, Division of Corporations to do business in Florida for at least five (5) years. 4!21Ai201,5 0.taa by FEVEIN N—be, Org Detail by FEII)EIN Number Fbhdz Profit Corporation RISK MANAGEMENT ASSOCIATES,INC. F Lflng Information Document Nurnbsr H16549 FEIJEIN IN umber 59-2445B031 Date Filed W1 411 9M state FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date FRad 0411 S+200€}3 Event Effective Date NONE PxjaWal Addrss, 220 S.Ridgewood Avonue.Su ate 210 Daytona Bauch,,FL 32114 Changod':441M2318 mawag Addraas 220 S.Ridgewood Ave. Daytona Baac h,FL 32114 Changod':441M2318 �ffg C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD P LANTATIO N,FL 33324 Namo Changed:ON292012 Address Gbarigod:031M-2-012 offl-913"red.r detail Name&Address Title Prasidont&Dim dor Bmwn,P Barrett Six Concourse ParkwayS wto 23-OD 11 I K-�JAM 0 1 I-j MIA LINIMP-7m Atlan,ta,GA 30328 Title Executive Vice President Montfgamary,Matthew 220 S. Ridgawood Avenue.Su,ite 210 Daytona Beach,FL 32114 Title VP Lanni,James 220 S. Rbqewood Ave. Daytona Beach,FL 32114 Title VP Watts,Andrew R. 220 S. RiJgowcod Ave. D,a,ytafl,a Beach,,FL 32114 Titin Vii President&Secretary Lloyd,Robert W. 220 S. Ridgewood Ave. Daytona Beach,FL 32114 Title VP Robinson,Anthony M. 220 S. Ridgayffiod Ave. Daytona Beach,FL 32114 Title Treasurer Daly,William R. 220 S. Ridgewood Ave. Daytona Beach,FL 32114 T tf e A-,is i stan t Secretary Robinson,Anthony M. 220 S. Ridi ewvod Ave. Dayteriz,Beach,FL 32114 AIIauiILRAqMfr- Rep arlYear FMd Date 2017 0411712017 2013: 04!061201B 2019 0312112019 Degunrient ImAg& 11 I K-�JAE 0 1 - 1-i MIA LVIMP-7m b. In order to be considered responsive,the Respondent must be licensed as an insurance broker in the State of Florida. Respondent shall provide documentation of all required licenses, certifications, credentials of privileges and affiliations, curriculum vitae, as well as other credentials or information in order to comply with this requirement. 10,EppRTMENT of FINANC,IAL RISK MANAGEMENT ASSOCLkTES, INC. DBA PUBLIC RISK INSURANCE AGENCY 220 S RII)GEW'OOD AVE SUITE 210 DAY TIONA11EACH FL 32114 Agency License Number LO 18 706 Location Nuniber: 133164 Issued On 09/14/2006 Pursuant To Section 6260428,Florida Statutes,This Agency Location Shall Be In The Active Full Time Charge OfA Licensed And Appointed Agent Holding The Required Agent Licenses To Transact The Lines Of Insurance Being Handled At This Location- PuisiLtant To Subsection 626.172(4),Florida Statutes.Each Agency Location Must Display The License Prominently In A Manner That Makes It Clearly 11isible To Any Customer Or Potential Customer1�qjo Enters The Agency'Location. JeffAtk,vatei Chief Financial Officer State of Florida I K-�JAE 0 1 1.511 MIA LWIMP-7m Licensee Details Licensee Details Name of L[c4ntt,@-MONTGOMERY,MATTHEW ROBERT Name of Licensee:CONY RE LL,BRIAN DOUG LAS License#:Wi6z587 License 0:Ao,5863 BuiinessLotafion DAYTONA BEACH,FtORIDA Business Location:DAYTONA BEACHFLORIDA Types nd Classes.fV.I,d L;c— rypes and Classes of Va W L:w sqs ................................... Type {7nm.]Issue Date lifin, Iv_ m,1 Issue pate Qualifying Appointment (LIFE INCL VAR ANNUITY&HEALTH(0215)110IFE&HEALTH(wi$) --------------IYES............................................ 4120,3 F� -------------- -)920-4 EfYES IGENERAL LI I NE I S I(PRO I P&C I WS, Licensee Details Licensee Details l)—y—phi,Info nation Demographic Information F N.1--flActn— FAIRCLOTIL ROBIN LCE lAcimse A2959,16 ?fame of Licemseei COGGON,LEIGH K I B I-1 N6E R Ba i ren~.laraaflon DAYTONA 11EA('H,F10Rff)A License# it 8013 flusluessl,ocallon DA)"FON'ABFI ACILFLORIDA Typ-and 0--ar Valid Li-n— Tsps. Original lwme Qualfl�ying I'lak, SU!R IIL U S LI`N F'�S(0 i?Sdp I W I w2q)06 YES 1.11: 31-VWL VAR ANNUITY HI-W,J-11 15 GENERAL IANP$(PRz;i7' rni 92016 f.ITfWIo Yl. Licensee Details Demographic lnformatien. Name of icensee:OSMEN,BRITTANY R License#:P115847 Business Location-DAYTONA BEACH,FLORIDA Types ,d C111 ofVajLd.1-- Type---Ongm.l Is..Dated mrn ,1 Qualifying App., .n! ISURPLUS LINES(oi2o) GENERAL LINES(PROP&CAS)(ci2o)'-(3f2o07 YES c. In order to be considered responsive, the Respondent must have experience with Florida municipalities with an annual premium in excess of$250,000 PRIA meets and exceeds this requirement with 75 clients with premiums more than $250,000. I K-�JAM 0 1 - 1-j MIA LVIMP-7m d. In order to be considered responsive, the Respondent must have experience in providing brokerage/consultant services similar to those outlined in the RFP. In Florida, PRIA represents public entities ranging from small towns and districts to large cities, counties and the State of Florida. These placements cover the gamut of insurance lines from property, casualty and workers' compensation to life and health and span the range of risk management strategies from first dollar coverage to large self-insured retentions. We cover everything from excess property and casualty to the placement of reinsurance coverage for risk pools and large public entities utilizing alternative risk transfer strategies. Our operations are unique: • PRIA currently represents over 250 of Florida's governmental entities o 25 Counties o 70 Cities o 7 Public School Districts o 7 Public Universities * State of Florida * 100+ Special Taxing Districts • Only retail agency in Florida 100% committed to Florida's public entities • PRIA has served Florida governments exclusively since 1992 e. In order to be considered responsive, the Respondent must have annual commercial lines premium volume $1,000,000 or greater. PRIA meets and exceeds this requirement with over $110,000,000 in commercial lines premium. We currently have 30 municipalities that pay over $1,000,000 in annual premiums. City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS Section Qualifications I 11 I K-�JAE 0 1 - I.J MIA LVIMP-7m Tab 4: Qualifications and Experience of Proposer 1. The Respondent shall describe its qualifications and demonstrated experience with services of this scale and similar complexity. Our Parent Company Brown & Brown, Inc. was founded in 1939 in Daytona Beach and has since grown to be the largest insurance intermediary in Florida and the 8th largest in the world. That growth has pushed our company beyond 200 offices nationwide,housing more than 10,000 teammates. In Florida, our more than 50 offices are comprised of 2,500 teammates responsible for the design,placement and servicing of annual insurance premiums more than $2.5 Billion. Our company,publicly traded on the New York Stock Exchange (Symbol: "BRO"),recently announced an exciting partnership with the State of Florida, Volusia County and the City of Daytona Beach to build our new Corporate Headquarters in downtown Daytona Beach.This will secure our place as the largest insurance broker in Florida and ensure that our company and our team remain rooted here in our great home State of Florida. PRIA's Footprint Risk Management Associates, Inc. dba Public Risk Insurance Advisors (PRIA) is Brown & Brown's retail public entity specialist operation in Florida. PRIA's Daytona Beach office is centrally located to serve our Florida clients. We offer the distinct combination of a "boutique" public entity brokerage that offers concierge-level service with the resources of a large national broker allowing us to negotiate better terms and conditions and create unique service plans based on our client's goals and objectives. This arrangement allows us to design, place and service more than $130 Million in insurance premiums for our Florida based governmental clients. As an independent agency, PRIA has no vested interest in any insurance carriers or insurance trusts and operates as a truly unbiased broker/consultant with our focus solely on listening to our clients' needs and executing on their behalf. The PRIA staff is proudly involved and committed to top industry organizations and professional affiliations, including: Pubfic Risk RIMS Manapment Aswdation F(o IFLORIL)A FSRA mm F F (�OUNTTEk% UIX r ' 1 1 • 1 i The Team PRIA's 23 teammates are 100% dedicated to insurance placement and broker services for public entities in Florida. Our team's collective experience exceeds 300 years, and all teammates are encouraged to continue their pursuit of knowledge by continuing educational endeavors. As a result, most teammates hold professional insurance/risk designations, including: o Bachelor of Science - Risk Management/Insurance and Finance o ARM -Associates in Risk Management o RMPE - Completion of Risk Management for Public Entities course o CIC - Certified Insurance Counselor o CISR- Certified Insurance Service Representative o CRM - Certified Risk Manager o CSRM - Certified School Risk Management For the intentions of this RFP, the team leader will be Brian Cottrell, CIC, CRM. Mr. Cottrell holds the prestigious designations of Certified Insurance Counselor (CIC) and Certified Risk Manager (CRM). Mr. Cottrell will be available for face-to-face meetings and presentations. His experience in the Florida public entity sector provides unmatched risk management expertise,top-tier levels of service as well as a proven track record for managing risks within high catastrophe prone exposures. Mr. Cottrell currently serves 38 public entity clients,ranging in size from small special taxing districts to large self-insureds. These include Pasco County Schools, Town of Davie, City of Lauderhill, City of Margate, City of Lighthouse Point, City of Lake Worth and the Town of Jupiter to name a few. He has over 34 years of public entity insurance/risk management experience including focus in the following areas: • Large multi-layered Property Design and Placement • Contractual Risk Transfer and Indemnification Language • Insurance and Self Insurance Program and Policy Design • Risk Retention Analysis • Local Government Financing and Budgeting • Public Entity Law(Florida Statues governing tort liability,procurement,court rulings,etc.) • FEMA Coordination and Stafford Act interpretation • Claims Advocacy Key functions include but are not limited to: • Communicate with the City and be available for consultation on all risk management issues • Analyze and evaluate current program strengths and weaknesses • Establish program goals,timelines and strategies • Evaluate underinsured or uninsured exposures of the City • Design alternative risk transfer options • Perform contractual risk transfer reviews and provide recommendations, if needed • Assist in drafting reports and analysis for senior management r ' 1 1 • 1 i • Engage in direct negotiations with insurers for optimal terms • Present renewal options and attend public meetings in support of renewal recommendations • Act as a claim advocate for all claim conflicts • Coordinate and attend claims meetings • Review loss reports quarterly • Coordinate requests for FEMA public assistance directly with FEMA • Establish estimated renewal pricing annually • Communicate industry trends, changes and emerging solutions • Monitor client satisfaction and program efficiencies A brief introduction to the key team members is shown below: e • * 100% Involvement Matthew Montgomery Executive Vice President * Executive oversight of PRIA * Authorized to execute contracts; * 100% Involvement ' * Oversees day-to-day operations of entire service team Robin Russell, CISR, CSRM * Primary contact for all service or claims related Director of Operations inquiries * Monitors processes and procedures * Maintains quality control standards * 100% Involvement ' Brian Cottrell, CIC CRM * Project Team Leader Vice President/Public Risk advisor * Oversees all aspects of insurance program placements and broker services; * 100% Involvement * Day-to-day communication and service * Primary contact for all service or claims related Danielle Coggon, CISR inquiries Public Risk specialist Quote/Binder/Policy review for accuracy * Invoicing, certificates and igeneral inquiries * Property,Auto and InlandMarine schedule maintenance * Creation and assembly of reports, claims data and loss history summaries * Backup to Ms. Coggon Brittany O'Brien, CIC, CRM Risk Management Department Leader * Additional contact for all service and claims related inquiries r ' 1 1 • 1 i Matthew Montgomery Executive Vice President EXPERIENCE Risk Management Associates, Inc. dba Public Risk Insurance Advisors (a wholly owned subsidiary of Brown&Brown,Inc.) 2015 to Present. Executive Vice President Responsible for the executive oversight of Public Risk Insurance Advisors. Additional duties include production, marketing and service of public entity insurance programs and accounts. September 2013 -2015.Account Executive Responsibilities include direct consulting with clients to identify and analyze risk exposures and coverage needs, and develop and design individualized insurance programs. Professional client services include oversight of insurance and risk management programs, including claims advocacy, internal policy and procedures development, and contract review. Florida Department of Highway Safety and Motor Vehicles May 2012 - September 2013. Legislative Affairs Director Served as the lead on all departmental advocacy before the legislature, including all lobbying on behalf of the Florida Highway Patrol. Responsibility for all budget and legislation and responsible for securing the funding to run one of the largest state agencies in Florida. Southern Strategy Group December 2007- May 2012. Partner Lobbyist Advocated on behalf of clients such as Disney,Apple, NASCAR, BCBS, and CVS. Partner in the largest state-level lobbying firm in the country. Experience lobbying the Executive and Legislative branches at all levels. Florida Department of Agriculture and Consumer Services January 2007- December 2007. Deputy Director, Office of Legislative Affairs Legislative advocacy for Cabinet Level agency focusing predominantly on the House of Representatives. Charles H. Bronson Campaign January 2006-January 2007. Deputy Campaign Manager Responsibilities included all internal organization of contributions, volunteers, scheduling, and communications. United States Senate,Office of Senator Bill Nelson (FL) December 2002 -June 2006.Assistant to the Chief of Staff Responsible for incoming communications. EDUCATION Florida State University, BS Degree, Philosophy LICENSES 2-20 General Lines Agents License, State of Florida 2-15 Life, Health,and Variable Annuities License, State of Florida r ' 1 1 • 1 i Brian Cottrell, CIC CRM Vice President/Account Executive EXPERIENCE Risk Management Associates, Inc. dba Public Risk Insurance Advisors (a wholly owned subsidiary of Brown &Brown, Inc.) May 2006 to present. Vice President/ Public Risk Advisor Responsibilities include production, marketing and service of public entity programs. Consult directly with public entity clients regarding coverage,policy forms,and company affiliated services (e.g.loss control, claims handling, and risk management). Acordia/Wells Fargo -West Palm Beach 1989 to 2006 Responsibilities included production, marketing and service of public entity programs and commercial accounts. Consulted directly with clients regarding coverage,policy forms,and company affiliated services (e.g. loss control, claims handling, and risk management). Florida League of Cities 1985 to 1989 Responsibilities included production and servicing of public entities in South Florida. EDUCATION Palm Beach Community College A.A. Degree - Business Administration Certified Insurance Counselor (CIC) Certified Risk Manager (CRM) LICENSES 2-20 General Lines Agents License, State of Florida 2-18 Life &Health license, State of Florida PROFESSIONAL Society of Certified Insurance Counselors AFFILIATIONS Society of Certified Risk Managers RIMS - Risk and Insurance Management Society PRIMA- Public Risk Management Association FASD - Florida Association of Special Districts - Board Member Palm Beach County Municipal League of Cities,Associate Member Past President- Independent Insurance Agents of Palm Beach County AREAS OF SPECIAL Florida public entity insurance programs r ' 1 1 • 1 i Robin L. Russell, CISR, CSRM Director of Operations EXPERIENCE Risk Management Associates, Inc. dba Public Risk Insurance Advisors (a wholly owned subsidiary of Brown &Brown, Inc.) April 2010 to Present. Director of Operations Oversee day-to-day operations for support staff and operational issues. Supervisor of Account Representative staff providing support for AMS procedures and training. Monitor processing procedures and maintain quality control standards for the office. Direct and support agency operational needs. Service of select accounts. July 2004 to April 2010. Customer Service Representative Responsibilities include working with mid-sized to large public entity clients. Handle requests for certificates of insurance,policy changes and endorsements, claims issues, and other daily servicing duties. Manage initial notices of claims. Track claims activity until adjustors close files. Help address conflicts that may arise from claimants, insureds, and carriers. Provide technical and clerical support for public entity service representatives. State Farm Insurance August 1998 to June 2004. Insurance Account Representative Performed a range of insurance and financial sales and customer service functions. Handled the receiving, filing, and tracking the status of claims to facilitate appropriate resolutions, build customer satisfaction, expand account relationships. Clarified complex insurance terminology and procedures to educate customers. Responsible for incoming money and processed daily deposits. Trained and assisted all team members with day-to-day activities. EDUCATION Florida State University, BS Degree, Risk Management/Insurance and Finance Certified Insurance Service Representative (CISR) Certified School Risk Management (CSRM) Risk Management for Public Entities (RMPE) FEMA Public Assistance Program Candidate for Associate in Risk Management (ARM) LICENSES 2-20 General Lines Agents License, State of Florida 2-15 Life, Health, and Variable Annuities License, State of Florida 1-20 Surplus Lines License, State of Florida r ' 1 1 • 1 i Danielle Coggon Public Risk Specialist EXPERIENCE Risk Management Associates, Inc. dba Public Risk Insurance Advisors (a wholly owned subsidiary of Brown &Brown, Inc.) May 2016 to present. Account Representative Responsibilities include working with small to mid-sized public entity clients. Handle requests for certificates of insurance,policy changes and endorsements, claims issues, and other daily servicing duties. Manage initial notices of claims. Track claims activity until adjustors close files. Help address conflicts that may arise from claimants, insureds, and carriers. Provide technical and clerical support for public entity service representatives. LRA Insurance Company November 2014 to May 2016.Assistant Account Manager. Managed book of business for Select Business Unit. Maintained productive client relationships and provided consistent, accurate and timely client communications. Processed Direct and Agency bill new business, renewals, endorsements and audits. Prepared summaries of insurance, schedules and proposals for clients. June 2013 to November 2014. Processor, Team Leader. Supervised staff of four Commercial Processors. Managed work flow for the Commercial Lines Department. Issued certificates of insurance, processed endorsements, created policy change requests, and followed up on claims and notice of cancellations. EDUCATION University of Middle Tennessee State University Bachelor of Business Administration Certified Insurance Service Representative (CISR) Candidate for Certified Insurance Counselor (CIC) LICENSES 2-20 General Lines Agents License, State of Florida r ' 1 1 • 1 i Brittany Spohn O'Brien,CIC,CRM Risk Management Department Leader EXPERIENCE Risk Management Associates, Inc. dba Public Risk Insurance Advisors (a wholly owned subsidiary of Brown&Brown,Inc.) November 2014 to present. Risk Management Department Leader The Risk Management Department is comprised of individuals with in-depth knowledge and experience in servicing our larger more complex accounts. Enhanced services include emerging market and exposure evaluation, claims/loss analysis, retention analysis, coverage/quote comparisons, flood exposure auditing, and appraisal analysis. March 2011 to November 2014.Account Manager Responsibilities include working with large public entity clients. Handle requests for certificates of insurance, policy changes and endorsements, claims issues, and other daily servicing duties. Assist the producers in enhancing renewal and new business proposals.This enhancement is supported by the gathering of data related to insurance market capabilities, coverage forms, and other relevant data sought by our clients to better inform them of their insurance program. Caton-Hosey Insurance-Port Orange,FL May 2007- March 2011. Commercial Lines Account Manager Co-managed a book of business handling new and renewal business for multiple agents. Processed endorsements, policies, billing, rating, claims handling and certificates of insurance. Newman-Crane&Associates Insurance,Inc.-Orlando,FL May 2006- 2007. Commercial Lines Customer Service Representative Processed endorsements, policies, certificates of insurance. Created flyers and brochures for marketing. Levings Group,Inc. -Gainesville,FL November 2004- 2006.Account Representative Experience in various lines of insurance including commercial trucking,homeowner's, condominium,logging/equipment, commercial property, and builders risk. Processed endorsements, loss run requests, premium financing and certificates. Responsible for quoting,issuing,billing and maintaining insurance policies. Filed for home inspections on new and renewal homeowners'policies. EDUCATION University of Florida, BS Degree, Business Administration- Management Certified Insurance Counselor (CIC) Certified Risk Manager (CRM) Risk Management for Public Entities (RMPE) Candidate for Certified School Risk Manager (CSRM) LICENSES 2-20 General Lines Agents License, State of Florida 1-20 Surplus Lines License, State of Florida r ' 1 1 • 1 i Scope of Work As an overview,the major goals and commitments to the City are: • Seamless transition • Continuous identification and analysis of risk exposures in a rapidly changing environment • Identify, prioritize, and provide risk management and risk transfer solutions that can be implemented effectively within the City's operating environment. • Develop both short and long-range budgeting projections and objectives. • Negotiate insurance program improvements every year. • Explore and evaluate alternative risk transfer mechanisms. • Reduce the City's overall cost of risk via market expertise and innovative program design. • Risk Control via identification of high loss and risk exposures and application/oversight of safety resources. • Reduce internal administration costs and improve service via expanded and efficient service delivery. Our proven strategy begins with taking a fresh, unbiased approach to the design of your risk management program. Identifying,understanding and evaluating exposure to loss are the very basic elements of our service commitment. Program analysis remains an ongoing focus as we identify and analyze exposures and assess various methods to manage risks through transfer or retention. Our experience and track record of improving programs enables us to offer results-driven options. Casualty insurance program premiums are not nearly as large as property premiums, but poorly designed coverage can result in very high claim costs. We begin with exposure analysis using all tools available, including financial reports, incident reports, procedures and policy manuals, loss reports, and interviews with key personnel. Our experience in the Florida municipality sector allows for access to many different claim scenarios as well as techniques that other risk managers use to solve problems. We believe benchmarking on a national level, in addition to Florida, plays a key role in evaluating the insurance placement. We track and analyze program structure for our current municipal clients as well as others. With this information we create accurate and useful benchmarking reports that assist in evaluating rates, retentions and limits within the sector. We are well versed and practiced in timely insurance coverage placement. We make every effort to finalize renewal terms well in advance of policy expirations.Our renewal process is normally finished 30 to 60 days prior to expirations, providing clients ample time to analyze and review the terms and options. 11 ' 1 1 • 1 i Access to markets is critical in designing and managing risk management programs. PRIA has direct access to all competitive markets where direct access is permitted.This affords us direct contact with underwriters that make decisions on custom policy language and rates. We believe that an agent's job is to utilize market forces and competition in the marketplace to be sure PRIA consistently brings the most competitive insurance placements to our clients. This concept also underlines one of our core business principles: Always do what is best for the client. We have learned how to keep the markets' interest while conducting a competitive process in a professional manner. Our companies trust us. So,we maintain excellent market relationships -ALWAYS - in hard, soft, or stable markets. We are experts in designing and implementing custom insurance programs. One of our many strength's is the ability to negotiate and obtain the inclusion of innovative coverage terms from carriers resulting in custom terms aimed at a client's specific risk needs. This results in a more cost- effective risk transfer ultimately saving our clients' money. In addition, we employ a boots-on-the-ground approach and visit major property locations, review current loss control and safety programs, review loss experience reports, and interview key personnel to understand our clients' needs. Formal reports are written with recommendations for improvement and correction, if needed. We will also coordinate resources, training and carrier resources when requested. Our experience in designing programs is unmatched. Our approach is a holistic approach consisting of proactive activities and methodology focused on reducing the Total Cost of Risk. +t � a r° . . m v a r f W qr�, r ' 1 1 • 1 i PRIA is Preferred's largest broker by a factor of six. We are very familiar with their coverage and know which areas can be improved to enhance your risk management program. I have reviewed the current Preferred package policy and offer the following recommendations to the City: • Increased Cost of Construction - Consider raising the standard $500,000 limit to $3,000,000 or $5,000,000 as a minimum. Bringing older buildings up to current building codes can be expensive. Replacement cost coverage does not include the cost to bring buildings up to current codes. • Increase Crime Coverage limits from $50,000 to $500,000 for minimal additional premium. • Under the Contractor's Mobile Equipment o Change the scheduled equipment coverage from Actual Cash Value (ACV) to Agreed Value to eliminate depreciation. o Insure the watercraft on a marine policy for hull coverage for negligible premium cost. Preferred only covers the physical damage to watercraft while on land, not on the water. • Your current auto fleet schedule of 629 vehicles has 73 units that are valued between$99,900 and $913,328 on an ACV basis. In the event of a loss,these units will be depreciated to current market value which means you may only recover 60% to 70% of your original cost. By changing this valuation from ACV to Agreed Value if the vehicle is totaled then you will receive the stated amount on the policy without depreciation. Marketing Plan for 2019 and 2020 Your current Preferred policy is coming up on the second year of a two-year policy. For this renewal I would make the coverage changes noted above and plan to fully market your coverage for the 10/01/20 renewal period. After meeting with the City risk manager and understanding their appetite for risk I would propose the following: • Market the City property to Preferred and the open market. There are several specialty carriers who insure utilities properties at a very competitive rate and offer loss control design for utility operations. This approach gives the City the best combination of coverage and premium. We will benchmark the City's current property rates with neighboring cities in the Tri-County area to further support our proposal of coverage. • While Preferred offers a very competitive rate for the casualty and workers compensation coverage we have access to more than a dozen insurance carriers for options to your program. • Our renewal proposal will include all of the above options with a complete marketing report of our efforts. r ' 1 1 • 1 i 2. The Respondent shall describe its most flexible interest free payment schedules. Payment schedules will vary by carrier. Your current carrier,Preferred, offers several options for the package and workers' compensation coverage, two of which, annual payment and quarterly payments, all interest free. We will negotiate on behalf of the City to ensure you receive the best payment schedule offered. 3. Describe your knowledge and experience in risk management and insurance through membership and active participation in Florida Chapters of the Risk and Insurance Management Society (RIMS) and/or Public Risk Management Association (PRIMA). Brian Cottrell been a member of RIMS for over 27 years and a PRIMA member for over 18. Both organizations offer great opportunities to benchmark risk management practices and speakers who increase our knowledge of the insurance industry trends, changes and news. . Describe how you will provide loss control/safety assistance.Provide information about your loss control programs, staff qualifications, and applicable cost if additional. PRIA will coordinate and promote all loss control and safety resources available from Preferred. We will attend Safety Committee meetings and aid in causation and corrective action endeavors. In addition to the Preferred resources available,we also offer unique exposure identification tools. A summary follows with full details available upon request. • Continuity of Operations and Disaster Planning - One of Brown & Brown's subsidiaries, Procor Solutions + Consulting (Procor), is comprised of leading Risk and Disaster Management professionals who provide continuity of operations evaluation services through expertise in disaster planning, disaster response,property/business interruption loss, mitigation and claims, analytics and risk technology. • Risk Analytics - PRIA has unlimited access to The Blue Sky Platform developed by Axiom Re,a Brown and Brown company,that specializes in customized catastrophe modeling and reinsurance portfolio management tools. The Blue Sky Platform provides proprietary analytics and software program results featuring individual client risk exposures on multi- layered interactive maps. These highly sophisticated analyses can provide the City with unique perspective of the risk most likely to affect operations. o Data cleansing and auditing to reduce uncertainty and ensure adequate data is represented in the modeling software utilized by insurers to evaluate risk, set rate and coverage terms. o Custom catastrophe modelling analysis o Data quality assessments o Geo-visualization tool- Spatial Key r ' 1 1 • 1 i • Asset Management Program - PRIA subscribes to AMP proprietary software developed and maintained by AssetWorks. This is available, but not mandatory for our clients to use at no cost. This web-based system provides an efficient and secure platform for tracking and reporting property data.Uses include loss control,proof of loss documentation, CAT Modeling and historical tracking. It provides our clients with the following services to support large Property Schedule Maintenance and Claims Management Support. o Integration with existing appraisal reports o Tracking of primary and secondary COPE data o Document and valuation management and trending o Dynamic reporting tool o Data exchange capability o Communication capability with Broker for real time property schedule changes o Future versions may include advanced claims and FEMA interface • Flood Audit-We regularly review anticipated flood zone changes (which can employ a variety of methods)to determine impact to structures located in Special Flood Hazard Areas (SFHA's). This is a unique process we developed to keep up with FEMA's internal changes including flood mapping changes. The importance of this exercise is to determine and communicate the implications of FEMA and the Stafford Act to our clients. • RiskMeter - Risk Meter is an online resource providing on-demand hazard risk data. This in- house subscription is utilized to ensure the most accurate and complete underwriting data is provided to the property underwriters via the property schedule. Real Time Data Available for individual sites includes: o Distance to coast o Flood Zone Determination including distance from SFHA zone o Storm Surge Score o FEMA Flood Insurance Rate Map and panel number S. Licensed as an insurance broker in the State of Florida. PRIA and staff meet this requirement 6. Five years of experience as a business. PRIA has been in business since 1992. I K-�JAN 0 1 - I-j MIA LVIMP-7m 7. Experience with Florida municipalities with an annual premium in excess of$250,000. PRIA has 75 Florida public entities with annual premiums more than $250,000 including Miami, Ft. Lauderdale, Tallahassee, Doral, Sweetwater, Davie, Lauderhill, Lake Worth, Jupiter, Miami Gardens, Margate and Coconut Creek. 8. Annual commercial lines premium volume of$1,000,000 or greater. PRIA places more than $110,000,000 in annual premium for our public entities' property and casualty coverage. City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS Section 5 Current and Projected Workload r ' 1 1 • 1 i Tab 5: Current and Projected Workload Describe your current and projected workload. PRIA's client service policies and procedures are specifically tailored to meet the unique service needs of public entities. We are built to effectively manage the complex service requirements of public entities, and as a result, our workload is not negatively affected by onboarding new clients or retaining current clients. We have always grown our business at a responsible pace which allows us to concurrently grow our resources accordingly. In addition, each teammate's workload is overseen by our practice leaders to ensure a continued high level of service to our clients. We commit to a seamless transition for the City of Boynton Beach and will seek to build a long-term partnership based on the strength of our service team. The entire team of insurance professionals at PRIA is cross trained and educated on all accounts to maintain continuity and exceptional service standards.PRIA's proactive approach includes establishing a calendar of expectations with the clients to outline their insurance program expectations and assure that our team is prepared to meet the City's deadlines every time. This includes communication expectations and reporting requirements. It is our service model to immediately identify and document client expectations to meet those needs on a daily and on-going basis. PRIA teammates have more than 250 years of combined insurance experience and we pride ourselves on servicing every client as a team.Although we have more than 10,000 teammates world-wide, and more than 200 in our home office, the PRIA team itself is comprised of 23 insurance professionals. These 23 teammates are solely focused on servicing PRIA clients which are exclusively governmental entities within the State of Florida. This is an important and distinct advantage for our clients; by creating a team which focuses exclusively on public entities,our capabilities and results are unrivaled in the State and our clients enjoy the highest level of service and subject matter expertise. At PRIA, one of our primary goals is to become an extension of your Risk Management and HR staff to bolster the City's effectiveness with managing all risk management and operational needs. All our team members are licensed by the State of Florida. We are committed to remain at the forefront of all industry trends by participating in professional memberships, continuing education, and earning professional designations. City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS Section 6 Similar 11 ' 1 1 • 1 i Tab 6: Similar Projects / References Provide at lust three ( ) references from at lust three ( ) governmental agencies (or regional districts) in the state of Florida, for whom you have provided insurance broker services for. Please include the name of the agency, contact name,telephone, fax and email address. Pisk Management, ss ocl ares,lnc,dhe REFERENCES E FOR !'ublleRkikInsurance Advisors NAME OF FIRM ��1��.t,ia•„,a s�,}�}�tt SSss�.�r.}As,£}ni�yS `•�,..{?�,�it�li����t.}i�t}ti(t���s��tt�ik�Yi,. s,,,��ka�ttisea.,� a,�\�i d}s£st}i, �,.�:�1,t,r��� s ��:,r s3 si�i&,h��Sit��ti��i.u�£se }Il�s�ittltJ ����1}��1311\��1ha�V,��������' aTnpanlr Name: Town of Davie 6591 oras Drive lauir:,FL 33314 �...._. ontaek dame: Jose Wge F'how Fax- E Main: (954) 797-1097 {954)79x-1079 j s -lzi i�avi afi1, egg ,'1a ss,}�is�lkstxy.>;,3i,i1�$.khc;;7;rpt}1£s t wsr_ 711 , }r 'k7lili�„utss�ia� r{si>5�1� tb s<,,s,�:71a77:�Ss��1,til sin lt.��A� t.0` b1,i j7sn ,,r1�„,hs„1Company Name,. f:ity of Lauderhill 5581 W.Oakland Park Blvd. Laui7! rbill, 1`l, : 313 far lact Name: _.. _ __... .�..., ,.. - ltevtoa Fennell Rhone: Fait, E-Mpil; (954)730-3090 (95,417,4().4-200 rfeiinelQ@lauderlvill-fl.gov ;;`y:, ,.� t t i;�,� }j }g`ts� "1i� t`; 7}?c}�,2r`:::4}st 13i Fsis 7 "'W,'t s s;}s;t? i 7117 7t 7 7 ) t, 4} ,_,..._ 7y; .?s t It 1 }tl }( J (1....1. }}((.;tS,1t:} 7s„„ ,i, } s 43 ..;it aas!,1�ss,.r„i;35>„(i tl�r,tl7ll�e�il�.,�i,�u,��t11».n7,.v��)r.77talulu(7��1¢,f� 7 {.eta sSlDs,(741s Stat hos-.tl}is S11 1>,l�u 1�111��3t1\ul�}Uik`'s{t�t�2„�17>ts sc{-_d)�}P Company Mame Town of J u lei ter Address' 210 Ylilitar°1 'Frail u piter. FL 33458 Contact Name Daisy Sand, l Phone' Fax, EMaill�_ (5.`71)741-2.312 p 4q-01i745-1530 d,ai,Sys@J'UP.Jter'JU1. 't �t N 17` is si sDs 7i v 751\7 f3 1l 1))Ii f'h t, s7 tftt 7sss s , ; _ 7 } 1 ss lis 71 7 rl, 1 J�""s�ft ss Company Name: City raf Foo t La oder hill Address: 11.010 N.Andrews AyenLre, 3rd Floor _ Fe r Lauderdale FL 33301. �. ontaQf Name: C`�ruyr f'line nee Fax: E ��il 54)828-5177 (954)938.4979 ghine fortlauderd le-gov THM PAGM K SOWITTED FOR PP POSAL TG BE CONSIDERED 2S COMPLETE AND ACC€PTAB E. RFP No.417-1714-1gQFD City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS REQUEST FOR PROPOSALS FOR INSURANCE BROKER SERVICES RFP No.: 017-1710-19/MFD COST PROPOSAL FORM Proposers must use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. ITEM QTY UNIT OF DESCRIPTION MONTHLY ANNUAL MEASURE COST COST 1. 12 MONTHS Fixed, flat fee for Insurance Broker $ 3,541.67 $ 42,500 Services TOTAL ANNUAL FEE: $ 42,500 Risk Management Associates, Inc. dba Public Risk Insurance Advisors COMPANY NAME T IZED SIGNATURE 386 239-7245 Matthew Montgomery TELEPHONE NO. PRINTED NAME mmontgomery@bbpria.com Executive Vice President E-MAIL ADDRESS TITLE 5/13/2019 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 330 of 436 City of Boynton Beach [%]� PRIA RFP No.: 017-1710-19/MFD - Insurance Broker Services PUBLIC RISK INSURANCE ADVISORS Section 8 Submittal Forms REQUEST FOR PROPOSALS FOR INSURANCE BROKER SERVICES RFP No.: 017-1710-19/MFD PROPOSER ACKNOWLEDGEMENT Submit RFP's to: PROCUREMENT SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 RFP Title: INSURANCE BROKER SERVICES RFP Number: 017-1710-19/MFD RFP Received by: May 14, 2019, NO LATER THAN 3:00 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: May 14, 2019, NO LATER THAN 3:00 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Risk Management Associates, Inc.dba Public Risk Insurance Advisors Federal I.D. Number: 59-2445801 A Corporation of the State of: Florida Area Code: (386) Telephone Number: 239-4060 Area Code: (386) FAX Number: 239-4049 Mailing Address: P.O. Box 2416 City/State/Zip: Daytona Beach FL 32115 E-mail Address: bcottrell@bbpria.com JAut ori ed Signature Matthew Montgomery Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 332 of 436 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "INSURANCE BROKER SERVICES" RFP NO.: 017-1710-19/MFD DATE SUBMITTED: 5/14/2019 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 4130/2019 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 333 of 436 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: Risk Management Associates, Inc. dba Public Risk Insurance Advisors 2. Business Address: 220 S. Ridgewood Avenue, Suite 210 Daytona Beach, FL 32114 3. When Organized: 1992 4. Where Incorporated: Florida 5. How many years have you been engaged in business under the present firm name? 27 6. General character of work performed by your company. Insurance brokerage and risk management consulting 7. Enclose evidence of possession of required licenses and/or business permits. Included in Section 3 of our proposal 8. Number of employees. 23 9. Background and experience of principal members of your personnel, including officers. Please see proposal for complete details 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why? No THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 334 of 436 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone# Town of Davie $2,178,948 Jose Lugo (954) 797-1097 City of Lauderhill $1,031,386 Revlon Fennell (954) 730-3090 Town of Jupiter $1,318,831 Daisy Sand (561) 741-2312 City of Fort Lauderdale $3,635,580 Guy Hine (954) 828-5177 13. Contracts on hand. * PRIA currently has 21 Contracts. 14. Largest completed projects (include final cost). 1) State of Florida - $11,023,123 2) City of Miami - $8,094,855 3) Lee County Schools- $7,219,000 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: None 2) occurred within the last 4 years: None 3) provide case number and style: None Dated at: Daytona Beach, FL 32114 this 13 day of AAIV__� 2019 By: (moi n signature) Name: Matthew Montgomery (printed or typed) Title: Executive Vice President THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 335 of 436 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF A "" BEA ) �'- Volusia I,the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer pf-�th corporation. By: AM SIGNATURE Sworn and subscribed before me this 13 day of May 20 19 Printed Information: Matthew Montgomery NAME Executive Vice President TITLE c aL NOTARY PUBLIC, State\tj V� fill/, Risk Risk Management Associates, Inc. dba at Large �� Q��.••' l�j��i�i Public Risk Insurance Advisors •��o ;y COMPANY r Z iiGG 22�`4 "OFFICIAL NOTARY SEAL"off �! THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 336 of 436 i NON COLLUSION AFFIDAVIT State of Florida ) County of Volusia ) Matthew Montgomery being first duly sworn, deposes and says that: Risk Management Associates, Inc. dba 1) He/She is Executive Vice President of Public Risk Insurance Advisors , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 017-1710-19/MFD for INSURANCE BROKER SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part the qualifier or any of its agents, representatives, owners, employees, or parties in ' est, i cluding this affiant. (Signed (Title) Executive pt �� .0 . 9NQ. .y 2 �: BER k ,f�;•. Subscribed6i� a `'��' i This 13 day of May 120 19 _ MGG 4 ?e0rydad My commission expires 9/30/2019 �io1,11� THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 337 of 436 it CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 338 of 436 II CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify a thi irm complies fully with the above requirements. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/1VIFD Page 339 of 436 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Risk Management Associates, Inc. dba Public Risk Insurance Advisors CONTRACTO ME 4 B Title: Executive Vice President Date: 5/13/2019 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 340 of 436 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Matthew Montgomery the Executive Vice President of (Name of officer of company) (Title of officer of company) Risk Management Associates, Inc. dba 220 S. Ridgewood Ave, Suite 210, Public Risk Insurance Advisors located at Daytona Beach, FL 32114 (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS:Risk Management Associates, Inc. dba Public Risk Insurance Advisoi s 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? X 2. Does the business have a business tax YES NO Business License receipt issued in the current year? X Number: 3. Is the business registered with the Florida YES NO Division of Corporations? X I understand that misrepresentation of any facts in connection with this request: ay be cause for removal from the certified local business list. I also agree that the by-s' e§ s required to notify the City in writing should it cease to qualify as a local business. Print Name: Matthew Montgomery Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 341 of 436 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Matthew Montgomery Risk Management Associates, Inc. dba I, Executive Vice President_, on behalf of Public Risk Ins.Advisors certify Print Name and Title Company Name Risk Management Associates, Inc. dba that Public Risk Ins.Advisors does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No.017-1710-19/MFD Page 342 of 436 attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Co ies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran P ro um Energy Sector List. Risk Management Associates, Inc. dba Public Risk Ins.Advisors COMPANY NAME SIGNATURE Matthew Montgomery Executive Vice President PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 36 COMPLETE AND ACCEPTABLE. RFP No. 017-1710-19/MFD Page 343 of 436 u --c cn L m p Z d U w � U Z O O - U) o n. o > U c � U) - -(3 „_. 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NEW BUSINESS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Vice Mayor Katz has requested to discuss future Dogs on the Beach Events (Tabled to 8/6/19) 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 345 of 436 11.B. NEW BUSINESS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: The Mayor would like to share some information he obtained on his trip to Farindola, Italy. He also requests the Commission's consideration of naming Farindola, Italy as a Sister City. 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: ATTACHMENTS: Type Description D Addendum Farindola, Italy Booklet Page 346 of 436 Farindola & Boynton Beach Greater Boynton Beach Sister, C *ffi* es F AF 5 a , t(7 i Page 347 of 436 International Arts Fesalw l 1: Preconditions and brief resentation of,the Farindolese situation. Article 1: preconditions. • On the August 12, 2018 the American Artist Ralph Papa called a meeting at Paul Critchley and Helen Conlon's home. • Mayor Ilario Lacchetta and the President of the cultural organisation FIAF - Farindola International Arts Festival - Nadir Lanesi had been invited to take part in the meeting. • During the meeting Ralph Papa introduced the idea of a project of twinning between Farindola and Boynton Beach. • All those present analysed the proposal and judged it as efficient. The project "FIAF 2.0" is presented below Article 2 : Farindola This project was born as a strong contribution aimed at the cultural, economic and tourist recovery of Farindola. Farindola is a small town sited in the "Gran Sasso a Monti della Laga" National Park. The Farindolese community, severely struck by the seismic and meteorological events of the last few years, has approximately 1,500 inhabitants. The population is mostly concentrated in the central area of the whole territorial extension, however a great number of the population is also located in the peripheral areas. In the last few years Farindola became the destination for international tourism. This kind of tourism is a source of growth of the utmost importance especially for little mountain towns such us Farindola itself. The realisation of this project aims also at the strengthening of this kind of tourism. In conclusion we can say that the turning point of a project focused on the recovery of a small town certainly is a path marked by the safeguard, the promotion and the sustenance of everything that Farindola can offer: art, culture, nature, good food and traditions. 1_IObie ftives of the oroiect of_twinnino,and real pursued results Article 3: Objectives 1. To grEint and generate a constant international and national tourist flow. The starting point is an awareness raising project focused on the promotion of the town. This project starts from the national level and then it will overcome national borders achieving an international level. 1 Page 348 of 436 As mentioned above this project aims at an international tourism. For this reason the stipulation of a twinning agreement between Farindola and Boynton Beach can increase the Farindolese tourism and all this, as stated in the analysis of the situation, is an important source for the recovery of Farindola. With the five-year experience of the FIAF- Farindola International Arts Festival - (see point 4 article 7) we had the possibility to verify that international people really appreciate every aspect of Farindola, from food to traditions, from its story to its legend, from culture to art etc. Different people came to visit Farindola brought by word of mouth via the artists who participated in the next editions of the Arts Festival. Some of those people expressed also the will to buy an house here in Farindola. 2. To safe card the local traditional culture making it accessible for the tourists. Farindola is founded on a traditional culture dense with stories, legends and centuries-old traditions that wait to be narrated and imparted. The constant presence of international people in our town fed the need to make the cultural heritage of Farindola accessible to all. The availability of an innovative service regarding a project of touristic digitalised service, acts as guarantor for this objective, for this reason an application for smartphone is at the planning stage. The application presents itself as a service to fill the lack, at certain times of the year, of local people in Farindola who know the town's stories. Especially during the winter period, no touristic guides are available in Farindola, so nobody can accompany a tourist along the path of the discovery of Farindola. This application is a turning point for the realisation of this objective, it makes the culture of Farindola accessible to all. It will be called VisitFarindola and it will have two sections: Italian and English (the lingua franca of the international tourism). In this way an Italian person or an international person who will arrive in Farindola can be guided by this innovative service and discover all the treasures that Farindola offers. This complementary service saves the rich story and legend of Farindola from oblivion and welcomes people of all nationalities, letting them know, in an exclusive way, and in every period of the year, all the sides of Farindola. 3. To safeguard all the local ownQrs of business and the economy Farindola. In the last few years the economy of Farindola had been seriously compromised especially after the tragic events that struck Farindola and its community. The low population density (according to a valuation of the 2018 the population of Farindola does not exceed 1,500 inhabitants) also prevents the development of the local economy. Local business owners are those who are directly hit by this vacillating economy. Like the territory of Farindola local commercial firms have their stories based on the local traditions and authenticity. For this reason they have to be safeguarded also as a function of the local economy. These local firms have difficulty in self sustainability and they grasp 2 Page 349 of 436 themselves to the territory in order to survive against the ever growing phenomenon of multinational corporations. This project of the twinning between Farindola and Boynton Beach has also, as a natural consequence, the power to safeguard these local firms. With the realisation of this project the naturalness of the local food production that populate these local business are the result of respected traditions and the symbol of a land that wants to grow. 3.1 Economical analysis of the contributions produced by the international people. After the fourth edition of the Farindola International Arts Festival (see point 4 article 7) we made an analysis of the economical situation in order to underline the great contribution produced by international people who visited Farindola thanks to the activities proposed by the FIAF. The results derive from the calculation based on the average daily expenditure. In the summer 2018 the fourth edition of the Farindola International Arts Festival was held. Different artists who participated in the previous editions returned to visit Farindola as tourists even without enjoying the preferential treatments that FIAF offers for its artists. The result of the economic study is the combination of the sum of the international people who came to Farindola (due to RAF ) and their overnight stays. The latter is an important data for the financial balance because the overnight stays let us estimate the real number of people welcomed in Farindola, in this way it is possible to proceed to the study of the financial balance. Here is a table indicating the result of the study made in December 2018. Year International people overnight stays in Farindola 2015 13 International people 14 nights 2016 34 International people 40 nights 2017 29 International people 25 nights 2018 31 International people 48 nights TOTAL TOTAL 07 Iriternational people 128 nights The average daily expenditure in Farindola is approximately 20 euros. Supposing that each person spent 20 euros per day, it follows that: 20 err.s x 107 international .T ' _.. 8 b_t,5 = n7 20.euros. As mentioned in the introduction of this study some international artists of the previous editions came back to Farindola as tourists. The interesting thing to notice is that people came back not only during the summer period but also during winter. In 4 years 26 people came back spending a total of 44 nights here in Farindola in local hotels or B&B's. Supposing that the average daily expenditure in a local hotel or B&B is approximately 50 euros per day, it follows that: 50 euros x 26 international 10Q, 3 Page 350 of 436 The total of the economic benefit brought by international people amounts to 273,920 euros + 57,200 = °_ ,11210 At this point is clear that the project FIAF 2.0 can substantially improve these comforting results and could be an anchor for the recovery of the economy of Farindola. 4. To Dromote Farindola as a cultural, touristic. artistir, de tin t' __Bt__an international level. This project gives great importance to the promotion of local culture. With the realisation of the project we mean to organise activities focused on the approach of foreign people to the Culture of Farindola, that is solid, heterogeneous and ready to be narrated. This culture could be a point for exchanges between the two towns, in this way Farindola can become a cultural destination. Moreover the constant realisation of the Festival of International Arts and the natural and historical beauty of the village can also promote Farindola as an artistic and touristic destination. Creating a solid network of exchanges with Boynton Beach, the cultural, artistic, touristic, culinary heritage of both the towns can strongly increase. This twinning won't be only a twinning between Farindola and Boynton Beach, but also a twinning between two strong organisations with an international style. Ralph Papa, introduced the idea of this twinning to us and told us that the twinning can also be stipulated between the FIAF - Farindola International Arts Festival - and the Greater Boynton Beach Sister Cities Committee, an organisation which has its local residence in Florida that offers these services: Attend activities and fundraisers Join international delegations to our sister cities, Interact with international visitors and citizen diplomats, Young Artists & Authors Showcase, Educational Exchange programs for high school students, Humanitarian Aid, Delegation visits to and from Sister Cities. This Committee contacted us asking if we want to be the first Italian town to be part of their sister cities. There is a mutual interest between the two organisations, both act on an international level and both are interested in art. 5. To collaborate throughb-a solid network with a differ al and int r ation organisations. This project which was enthusiastically accepted by the FIAF intends also to intensify the solid collaboration with the other local organisations. For this reason activities in collaboration with the other local organisations will be organised. In this way Farindola can offer an experiential and heterogeneous tourism for those who will decide to benefit this bilateral agreement (the different activities organised in collaboration with the other local organisations are listed in the article 4) . The implementation of the project will bring also to birth a strong collaboration with international organisations, especially between FIAF and the Greater Boynton Beach Sister Cities Committee. With this collaboration the international visibility of Farindola will increase enormously. This is also a good anchor for the FIAF because of its interest in the 4 Page 351 of 436 Arts, (that is also one of the interest of the Greater Boynton Beach Sister Cities Committee) and its international outlook (that is also the outlook of the Committee since it has Sister Cities in China, Finland and Haiti) can find a solid and international base becoming the first Italian town to be a Sister Cities of this Committee. C To set un intense exchanges between Farindola and Boynton Beach The direct consequence of the realisation of this project is the implementation of solid exchanges including different aspects: history, art, nature, traditions, food and wine etc. this is a way that allows both the town to make their multifarious cultures known to each other, known by a bigger public, and the fact that the two cultures are in contact with another overseas culture could be the starting point for a bilateral cultural opening and growth. 7. To establish economic relationships based on the traditional foods and local Products of the two towns. Farindola has well respected traditional foods and local products, this twinning could be a good project to expand the exportation of local products, in this way the economy and the celebrity of local product will increase. Farindola will be also ready to import local productions of Boynton Beach. Article 4: content of the twinning project. Article 4 paragraph 1: list of the contents of the project: This project was studied in order to achieve all the objectives listed in the Article 3. As it is clear from the list of the article 3 this project involves different themes, and in this way a complete base of exchange is granted for this twinning. It is clear that this project aims at the recovery of different fields such as: economy, tourism, traditional and historical culture, nature, gastronomy and local products. The main points of the projects (supported by activities linked to the objectives and contents of the project, see Article 6) are summarised as follows: • Development and sustainability of the economy. • Touristic development. • Cultural interchange. • Artistic interchange. • Knowledge of Nature. • Knowledge and visibility of traditional products. • Knowledge and visibility of musical and folk culture. • Knowledge of the legend of Farindola. • Culinary experiences. • Learning Italian. 5 Page 352 of 436 Article 4 paragraph 2: Analysis of the current situation. Farindola is a small town with a population of less then 1,500 inhabitants in the province of Pescara. It is sited in the "Gran Sasso a Monti della Laga" National Park. The town had been severely struck by the seismic and meteorological event of the last few years. Farindola is an oasis of natural and historical beauty, full of culinary delights, cradle of centuries-old traditions respected and kept alive by local people. In different periods of the year, Farindola suffers from the lack of tourism, this tendency in the last years even due to the cultural initiatives proposed by the local government and the local organisations. Each summer here in Farindola there are a lot of events based on the topics which mostly identify Farindola. An example is the Festival that FIAF organises that gave to the touristic field a kind of international substance. Article 4 paragraph 3: establishment of the needed authorities. In order to make this twinning official a Twinning Committee of Farindola has to be specifically established. The Committee will be responsible for the management of the work of collaboration between the two towns. This project will be managed by this Committee, its tasks will be: the awareness, organisation and realisation of the twinning project, development of the friendship, alliance and fraternity between the two cities. The Committee will be composed by volunteers who will help the local government to develop this agreement. Its establishment is the object of a special deliberation of the city council. III: organisation, methods and calendar. Article 5 organisation of the work The realisation of the twinning programme is subordinated to the realisation of different meetings, discussions and activities focused on the birth and on the enforcement of the contact between the two candidate cities. In this way the two candidate towns can know each other. A list of the already programmed phases of the project follows below: 1. A first visit to Farindola of a delegate of Boynton Beach, Ralph Papa during the first edition of the Farindola International Arts Festival which took place in Farindola in 2015. Ralph Papa loves the Abruzzo region and Farindola too, during his first stay he fell in love with the Farindolese community, this is also because his origins are from Abruzzo. Three years later, in 2018, he came back as a tourist, without enjoying the preferential treatments that FIAF offers to its artists. On June 12, 2018 he called a meeting at Paul Critchley and Helen Conlon's home and he proposed to those who were present at the meeting the idea of a twinning between Farindola and Boynton Beach. Ilario Lacchetta, the Mayor of Farindola, and Nadir Lanesi, the President of the 6 Page 353 of 436 FIAF were invited to take part in the meeting. Ralph's proposal had been successfully accepted by those presents and after a discussion about the project with the active population and an analysis of the benefits that such a project can bring to Farindola, the population strongly supported the idea. 2. In January 2019 a delegation of Farindola went to visit Boynton Beach. Paul Critchley and his wife Helen Conlon had the possibility to know the place and to meet the Mayor Steven B. Grant who is coming to Farindola with is wife Jenna from the 8th to the 10th of July 2019. During Paul and Helen's stay two meetings in which the above mentioned delegation would have presented Farindola, a draft of the twinning project and all the activities that were going to be proposed had been organised, but unfortunately these meetings had been cancelled. Fortunately Boynton Beach had the possibility to know something about Farindola via Ralph, Paul and Helen and thorough emails sent to Susan Oyer by Nadir Lanesi, the President of FIAF 3. As mentioned this twinning won't be only between the two towns, it will be also a twinning between organisations. The FIAF and the Greater Boynton Beach Sister Cities. A member of the American Committee, Susan Oyer, visited Farindola from the 19th to the 24th of June 2019. Susan was welcomed by the FIAF organisation who are promoting this twinning project . A day dedicated to her visit was organised. During this day Susan was shown the process of the production of our typical food products such as the Pecorino Cheese and honey, and met the Mayor and the community. 4. The reelected Mayor of Boynton Beach, Steve B. Grant, is going to visit Italy with his wife. They planned a short stay in Farindola from the 8th to the 10th of July 2019. They will be welcomed by the FIAF organisation who are promoting this twinning project . A day dedicated to their visit here will be organised. During this day Steven and Jenna will visit Farindola, will be shown the process of the production of our typical food products such as the Pecorino Cheese and honey, will meet the Mayor and the community. 5. The promoters of the project are preparing some holiday packages for the stay in Farindola for people coming from Boynton Beach. Agreements with the local B&B will be stipulated. FIAF organisation is also organising some activities for people who come from Boynton Beach. (see article 6) 6. After the official visits of the delegates of the two towns involved in the project the will of twinning will increase and it probably will become official. A Farindolese delegation composed of the Mayor will go to Boynton Beach to know the place. At the end of the gradual realisation of all these phases, the two towns will achieve a good knowledge about each other. Then the official signature of the agreement is needed and the twinning of the two towns can be officially recognised. Article 6: activities that will be organised: 7 Page 354 of 436 All the activities that we will organise are all focused on the promotion and awareness of the most important aspects of Farindola. A list of the activities follows below: 1. Guided tours in the mountains: in order to present the natural features of Farindola some excursions in the mountains will be organised thanks to the collaboration with the section of Farindola of the CAI (the Italian Alpine Club) 2. Italian language courses: people of Farindola can help Americans to know the features of the Italian language, some links can be made with the local dialect. In the next few years a dictionary of Italian, Farindolese dialect and English will be available, in this way the distance between the English and the local Dialect will reduce. In Farindola the dialect is a lively reality because the average age is high and we know that the dialect is linked to old people. 3. Cooking classes: the Abruzzese kitchen is one of the best kitchen in the world. It is globally appreciated because of its naturalness and simplicity. Annalisa Marzola and Michael Critchley realised an Italian and English photographic book of the typical dishes of Farindola. These receipts are prepared by the old women of the town. Cooking classes will be organised taking the receipts from this book, in this way the culinary tradition will be known by those who surely will appreciate it. 4. Farindola has also a solid folk culture. There are two local instrument that identify all the region; these are: Accordion and the horn. The horn is a traditional instrument, it is known that in the past, there was a school dedicated to the learning of how to produce and play this instrument. We can organise some courses in order to demonstrate how this instrument is made. It was used as an instrument to recall the herds, to announce the town council, and to inform the population of the presence of the enemy. The accordion is an instrument really appreciated by the people of Farindola, especially among young people. Corses to learn how to play it can be organised. There are also a lot of traditional and local songs that could be learned. 5. The old town has a very interesting story and it needs to be narrated. Its medieval setting makes the town one of the most characteristic and evocative villages of Italy. Guided tours will be organised. Tourists will learn the history and the legend on which all the life of Farindola is based. 6. The RAF organisation had been asked to manage this project. We know that Boynton Beach as well as Farindola gives great importance to the arts. This is a good starting point for the development of this project. Trough this twinning we intend to create an evolution of our Festival (this year the fifth edition will be held). Apart from the original Festival, another period will be chosen for another festival, linked to the original one. In this way Farindola will have two festivals of Arts in two different periods of the years. The FIAF 2.0 festival will give a new opportunity for an art residency in Farindola. With this project we guarantee a period of three month (May, June and July) in which artists can come here and have available a studio, as a base for production of artworks and touristic packages. We will find private houses to rent to people coming thanks to this agreement. With the availability of these houses in the old town 8 Page 355 of 436 we can also create the base of a scattered hotel, and it is a good opportunity to renew houses of the old town. Article 7: promoters. The promoters of this project are: I. Farindola is a municipality and town in the province of Pescara in the Abruzzo region of Italy. It is located in the Gran Sasso a Monti della Laga National Park. Outside the town, located near the Gran Sasso massif and thus characterised by a continental humid climate, is the Vitella d'Oro waterfall, with a height of 28 metres (92 ft). Farindola has been populated since the Neolithic age. The medieval city was built by Normans in XI century. II. Boynton Beach is a city in Palm Beach County, Florida, United States. The population was 68,217 at the 2010 census. In 2017, the city had an estimated population of 73,992 according to the University of Florida, Bureau of Economic and Business Research.151 Boynton Beach is a principal city of the Miami metropolitan area, which was home to an estimated 6,012,331 people at the 2015 census. III. The Greater Boynton Beach Sister City was established in 1956 by President Dwight D. Eisenhower at his White House conference on citizen diplomacy. SCI is headquartered in Washington, D.C. President Eisenhower reasoned that people from different cultures could understand, appreciate, and celebrate their differences while building partnerships that would lessen the chance of new conflicts. SCI creates relationships based on cultural, educational, information and trade exchanges, creating lifelong friendships that provide prosperity and peace through person-to- person "citizen diplomacy." It allows flexibility in forming connections between communities that builds trust, access, and expertise that helps local businesses find new opportunities and resources. A sister city relationship is a broad-based, official y approved, long-term partnership between two municipalities in two countries. The relationship is officially recognised after the highest elected or appointed official from both communities sign an agreement. Over 2,000 communities in over 140 countries are connected through Sister Cities International. IV. RAF - Farindola International Arts Festival - the organisation was established in Farindola in 2015 thanks to Paul Critchley, an English artist, who lives in Farindola in an historical palace of the old town with his wife Helen Conlon. They really appreciate Farindola. Paul since the first meeting with the local young people had noticed the potential. Five years ago he called the city councillor Gianluca Marzola who had the mandate for the associations and he proposed to try to organise a festival of international arts with ten days free stay for artists from all the world. The first year, in 2015, without an organisation managing the festival, it proved successfully. For this reason we decided to established an organisation in order to manage the festival in a better way. In 2016 the organisation FIAF was established, Martina Borgheggiani was the first president until 2018. In that year the board of the organisation was changed and Nadir Lanesi became the president of RAF Members of the RAF are all young 9 Page 356 of 436 people aged from 20 to 30 years. The organisation has a lot of aims such as the recovery of the cultural and touristic fields, the organisation of the Festival, organisation of other activities and events which safeguard the whole cultural heritage of Farindola. The Festival: we give the opportunity to 10 international artists to stay here in Farindola for 20 days for free, our organisation promises free accommodation for artists and free studios for their work during their stay in Farindola. Each artist can also be accompanied by a member of their family who will pay a small sum as a contribution for the organisation. Every year in February we publish the application form with the regulations to take part in the festival. Usually the deadline is set at the beginning of May. The candidates are examined by an artistic Committee who select the artists to partecipate in the festival. According to agreement signed between each artist and the organisation, each artist donates an artwork realised during their stay to the organisation. These artworks feed the private RAF collection which is shown to the public during important events which take place in Farindola. During the festival, which takes place every summer from the end of July until the first weeks of August, in conjunction with the other local parties, an exhibition of all the artwork is organised. The exhibition has high visibility and artists can sell their artwork giving 10% of the income to FIAF. 10 Page 357 of 436 Index: I: Preconditions and brief presentation of the Farindolese situation: Article 1: preconditions. Article 2 : Farindola. 11- Objectives of the proiect of twinning and real_ ursued results: Article 3: Objectives, 1. To grant and generate a constant international and national tourist flow. 2. To safeguard the local traditional culture mak in it accessible for the tourists. 3. To safeguard all the local owners of business and the economy Farindola. 3.1 Economical anal sis of the contributions pro-4ggpd—by the international people. 4. To promote Farindola as a cultural touristic artistic destination at an international level. 5. To collaborate through a solid network with the different local and international organisations. 6. To set,up intense exchanges between Farindola and Boynton Beach. 7. To establish economic relationships based on the traditional foods and local products of the two towns. Article 4: content of the twinning project. Article 4 paragraph 1: list of the contents of the project. Article 4 paragraph 2: Analysis of the current situation. Article 4 paragraph 3: establishment of the needed authorities. III: organisation, methods and calendar. Article 5 organisation of the work Article 6: activities that will be organised. Article 7: promoters. 1. Farindola. 2. Boynton Beach. 3. The Greater Boynton Beach Sister Cities Committee 4. RAF - Farindola International Arts Festival - 11 Page 358 of 436 12.A. LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the July 17, 2019 hearing for case# 13-1724. EXPLANATION OF REQUEST: CASE HISTORY CASE 13-1724 ORIGINAL OWNER—NATHANIEL ROBINSON purchased property in 1998 08/19/13- Mr. Robinson was cited for renting a triplex property without a current business tax receipt and all units were in disrepair with several interior code violations. 10/16/13- Special Magistrate hearing results: comply by 10/31/13 or$200.00 per day fine plus admin charge. 03/19/14- Property was in noncompliance and at the Fine Certification Hearing, —Special Magistrate certified fine along with $1,018.24 adm fee. 04/03/14— Lien recorded 03/27/15- Mr. Robinson requested a lien reduction but did not follow through with lien reduction requirements. 11/14/16- Quit claim to Leitha Robinson Emory. 03/29/17- Property came into compliance with the original code violation and the total amount of lien amount of$248,800.00 plus administrative fee of$1,018.24. 03/28/18- Property sold to BFI Holdings LLC. 03/28/18 - Property sold to ZAD Investments LLC for$80,000.00. 06/24/19- ZAD passed lien reduction inspection by bringing property up to code requirements and paid $200.00 application fee. 07/19/19—Special Magistrate lien reduction hearing—Magistrate recommended to reduce lien from$249,818.24 to $6,900.15. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 359 of 436 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Letter Lien Reduction Appeal Request D Other Front Before D Other Backyard 1 before D Other Backyard 2 before D Other Eastside 1 before D Other Eastside 2 before D Other Westside 1 before D Other Westside 2 before D Other Front afterwards D Other Backyard 1 aftermards D Other Backyard 2 aftermards D Other Eastside 1 aftermards D Other Westside 1 afterwards Page 360 of 436 ZAD Investments LLC July 19, 2019 Simone DeSouza 335 NE 1 11" Ave Boynton Beach, FL 33435 Lori LaVerriere City Manager City of Boynton Beach 3301 Quantum Blvd. Suite 101 Boynton Beach, FI 33426 Re. Request a review of the Special Magistrate's Lien Modification Order- Case 13- 1724 Dear Lori, I attended a hearing on July 17, 2019 for a lien reduction for the above ref address and case. The special magistrate recommended a reduction of $6,900.15 and although I appreciate the reduction, I do not agree with the recommendation. I have spent upwards of 160k which resulted in an increase in the property value as well as the neighborhood value and appearance. After a lengthy discussion and testimony, I am not happy and I wish to appeal. I would like to have the opportunity to speak with the City commissioner regarding this matter and be placed on the agenda to be heard. I am sending a copy of this letter to the above city address via FedEx but due to the 7 day deadline I am also contacting you via email. Thanks in advance, Simone DeSouza 954-682-1742 Page 361 of 436 � y its t } s. 1= � t 10 06), } _ �\ ~,1, s . f r� u F E ,t+ u f: 4-- i t, ;t � x t, r $_ c s t - �3 t fl yy F . � 1 ti A 1,- } a x f. y t,-<l S1 � — 5 i. y Y tr s x, J, t }x4,i I 1 � i, l iff i$" IriS44\\ 11' Pt r\b\\fF t\1\'t?i ftt 1("(,S.si(Z\ Y r(s tl7ltr l..i __., f __.s-_. 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LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Provide information concerning elected officials terms of office to Commission. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Term Limits Survey Page 374 of 436 PALM BEACH LEAGUE OF CITIES MUNICIPALITIES city Length of Term Term Limits Atlantis 2 year term No term limit I year term - Mayor appointed by Council Belle Glade 3 year term No term limit Boca Raton 3 year term 2 term limit Boynton Beach 3 year term 2 term limit Briny Breezes 3 year term 2 term limit Cloud Lake 2 year term No term limit Delray Beach 3 year term 2 term limit (one year hiatus required before assuming office again) Glen Ridge 2 year term No term limit Golf 4 year term No term limit I year term — Mayor appointed by Council Greenacres 4 year term 3 term limit (but can run for opposite office Mayor/Council) Gulfstream 3 year term No term limit Mayor selected by Commission after each election Haverhill 2 year term No term limit I year term — Mayor elected by Council Highland Beach 3 year term 2 term limit Hypoluxo 3 year term No term limit Juno Beach 3 year term No term limit I year tem — Mayor elected by Council Page 375 of 436 PALM BEACH LEAGUE OF CITIES MUNICIPALITIES Jupiter 3 year term No term limit Jupiter Inlet Colony 2 year term No term limit Lake Clarke Shores 2 year term Mayor - 2 term limit I year term -Mayor appointed by Council Lake Park 3 year term No term limit Lake Worth Beach 3 year term No term limit Lantana 3 year term No term limit Loxahatchee Grove 3 year term No term limit I year term — Mayor elected by the Council Manalapan 2 year term 3 term limit or 4 term limit in any combination of Mayor and Commissioner Mangonia Park 3 year term No term limit Mayor appointed by Council after each election North Palm Beach 2 year term No term limit I year term — Mayor elected by Council Ocean Ridge 3 year term No term limit I year term — Mayor selected by Commission Pahokee 3 year term No term limit Palm Beach (Town) 2 year term No term limit Palm Beach Gardens 3 year term 2 term limit (out of office I year term — Mayor 3 years prior to election appointed by Council again) Palm Beach Shores 2 year term No term limit Palm Springs 4 year term No term limit Riviera Beach 3 year term 3 term limit Ro al Palm Beach 2 year term No term limit Page 376 of 436 PALM BEACH LEAGUE OF CITIES MUNICIPALITIES South Bay 3 year term No term limit, including I year term — Mayor Mayor appointed by Commission South Palm Beach 2 year term No term limit Tequesta 2 year term No term limit I year term - Mayor appointed by Council Wellington 4 year term 2 term limit Westlake 4 year term No term limit West Palm Beach 4 year term - Mayor 2 term limit — Mayor 2 year term -Commission 4 term limit - Commission Page 377 of 436 12.C. LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19- 025 - FIRST READING - Approving amendments to the Land Development Regulations, Chapter 2. Article I, Section 4. Expedited Development Review Program, inserting additional eligible projects and benefits, and eliminating redundant verbiage and requirements. EXPLANATION OF REQUEST: The subject program was adopted to support economic development in the City, consistent with programs of other City's and as promoted by the County. Initially, the program was limited to specific business industries (a.k.a. "clusters") such as bioscience and medical R& D, with an emphasis on employment growth. The program offers eligible projects, in part, a single staff representative, a quicker staff review schedule, and a commitment to timely problem solving and conflict resolution. It should be noted that the City's program includes the site plan stage of the development process as well as the permit stage, unlike some programs adopted by other cities, which are limited to just the permit stage. The program was amended in 2011 to add to the list of eligible projects affordable &workforce housing development. Then in 2015, the list was further expanded to make sustainable projects eligible for the same expeditious treatment. Pursuant to a Commission request, staff has reviewed this program for appropriate updating and forwards the attached ordinance with proposed amendments. The recommended changes and additions are summarized as follows: • Add mixed-use projects for eligibility, with certain zoning district and location requirements to, in part, promote implementation of the CRA Redevelopment Plan as well as promote redevelopment/ development of key properties outside the CRA. • Add the ability of developers to provide their own plans review and inspection services through the use of an affidavit process. This offsets any staff deficiency that may potentially preclude the City from expediting such services, and allows the developer to meet even tighter project deadlines by working after hours and weekends. • Add the ability of an applicant to tailor the fee payment schedule for particular needs based, in part, on project costs and lending/funding requirements. • Eliminate redundancy in Section 4, and simplify the program by eliminating justification requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 378 of 436 The regulations will expand eligible projects and incentives which will promote implementation of the CRA Plan and downtown redevelopment. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving changes to Expedited Development Review Program Page 379 of 436 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE I 7 "OVERVIEW", SECTION 4, "EXPEDITED DEVELOPMENT 8 REVIEW PROGRAM" INSERTING ADDITIONAL ELIGIBLE 9 PROJECTS AND BENEFITS, AND ELIMINATING REDUNDANT 10 VERBIAGE AND REQUIREMENTS; PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the Expedited Development Review Program was adopted to support 16 economic development in the City consistent with programs of other City's and as promoted 17 by the County and was initially limited to specific business industries with an emphasis on 18 employment growth; and 19 WHEREAS, in 2011 the program was amended to add affordable and workforce 20 housing as eligible projects and then further expanded in 2015 to make sustainable projects 21 eligible for the same expeditious treatment; and 22 WHEREAS, staff has reviewed this program for appropriate updating and is 23 proposing the amendments stated herein to insert additional eligible projects and benefits and 24 eliminating redundant verbiage and requirements. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, 30 "Land Development Process", Article I"Overview", Sec. 4"Expedited Development Review 31 Program" is hereby amended as follows: 32 S:\CA\Ordinances\LDR Changes\Expedited Development Review Program(Ch 2 Art I)-v01- rdinance.docx -1- Page 380 of 436 33 Sec. 4. Expedited Development Review Program. 34 A. Applicability. 35 Projects eligible for expedited processing are described below. Application types to be 36 expedited include site plans (and corresponding applications including land use amendment 37 and rezoning), plat, building permit, as well as inspection processes. 38 1. Eligible Uses. New and expanding establishments in the following industry 39 categories are eligible for expedited proce Lsingf&��_44-s�� 40 "applie-4--s) btit'—difi&-peffi.41-applile-"i-efl.-I fel-Ititfe 41 a. .............Bioscience; 42 b. .................................b..............Medical or pharmaceutical research and development; 43 C. .11,111,111,111,1111,Ill""I",Ie...............Aviation/aerospace/engineering; 44 d. ..................................El.............Communications74 45 e. Information technology; 46 f e. Business and financial services (non-retail); 47 g. Manufacturing, fabrication and processing, and 48 h. ----4-. -Education related to the above industry clusters. 49 50 2. Economic Development. Fist-ablilli mencs fRay also eftialify for-the exped4e 514�'+I __ fier-MARLM& .;1 1 1--F-fly is a cts sanctioned project by the State of Florida or 52 other recognized economic development organization (Florida Office of Tourism, Trade and 53 Economic Development (OTTED), Enterprise Florida, or Business Development Board of 54 Palm Beach County). 55 56 3. Affordable and Workforce Housing. Residential developments that provide 57 affordable housing and/or workforce housing units, as 14e fine in flee 6.4y's Wofkl'-r-ee 58 HetiSiiig f-4-difi-afi-ee 11,-11 r_ �+ I be aff-efEled e*-p.e&ed fe-Aews f s e plafis, 1-ii-11—difig pef:ffli+ 59 ftppIiea+LiE)f+S, affEl fe"ife,E1 ifispee4efis. 60 61 4. Sustainable Development. PeN�elepfflefi+ applieaefis 14 r-esidefl-al aii-I 62 ewAr-efiffiefiially r-espefisible WS r--,4e-plafi� 1 spee-e-s The 63 (a*-' r-ela+ed applieaeiisl, 11 ',A —iiig peffai+ appitea-eiis, 64 pErojects must be registered with a nationally recognized green certification agency, 65 including but not limited to: 66 a. USGBC -United States Green Building Council; 67 b. FGBC -Florida Green Building Coalition; 68 c. Green Globes; and 69 d. NAHB -National Association of Home Builders, National Green Building 70 Standard; a*d 71 e. All en+;+;es +Ila+ Lilis eypedit-ed F&v'.evv'pf0ffam shall -,-,,;,4- n 4-+,;l A apply 'r-+ i e 72 e�q)laf+-`LiE)f+ Of liew flie pf.-J.e.L vv — I— L .Y o —1--He) --tisifi�g" eff 73 eiiVir-onmentally r-eSpoiiSible &--a-als. 74 S:\CA\Ordinances\LDR Changes\Expedited Development Revie'w'Program(Ch 2 Art I)-v01- -2- Page 381 of 436 75 5. Mixed-use Development. 76 a. Development Nplications for mixed-use development within the City's 77 Communitv Redevelopment Area (CRA). Eligible projects must involve the MU-1, MU-2 78 MU-3, MU-4 or MU-Core zoning district, include a site plan application, and contain a 79 commercial component, and 80 81 b. Development applications for mixed-use development located outside the 82 City's CRA. Eligible projects must also be zoned, or be the subject of rezoning to the 83 Suburban Mixed Use Zoning District, or be located with the Quantum Park Planned 84 Industrial Development District, contain a commercial component, include a site plan, and 85 include a minimum of 5 acres of land. 86 87 B. Benefits of Program. Entities that have been accepted into the expedited permitting 88 program shall receive the following benefits: 89 1. Point of Contact. The City Manager, or designee, shall appoint a single point of 90 contact at the city who shall have the responsibility of assisting the applicant throughout the 91 development application and permitting process; 92 93 2. Timetable. The Planning and Zoning Division, Building Division, Engineering 94 Division of Public Works, and other applicable city departments shall establish the 95 necessary steps required for project approval and permitting in a pre-application meeting 96 and subsequently, within three (3)business days, prepare an optimal timetable for the 97 project's completion of the development and application review process; 98 99 3. Priority Review. The project shall receive priority at every phase of the review 100 process by city staff, including face-to-face meetings as needed. However, public hearings 101 are subject to the availability of the relevant board and the decisions of such boards are not 102 guaranteed to be made immediately. Therefore, to the extent possible, public hearing 103 scheduling shall be expedited if applicable to a particular development application; 104 105 4. Comments. Comments relative to review by the 1) Planning and Zoning Division 106 Planning; and 2) Building Division shall be provided to the applicant within seven (7) 107 business days of the submission of a completed development application. The city and the 108 applicant shall make a mutual commitment to provide all other development and permit 109 application review comments and corresponding revisions thereto in a thorough and timely 110 manner; III 112 5. Building Permits. 113 114 b-a. Permits Issued on Basis of Affidavit. Consistent with the Florida Building 115 Code, local Administrative Amendments and FS 553.791, the Mplicant may be responsible 116 for private plans review and inspections with the filing of a sworn affidavit from a registered 117 architect or engineer affirming conformance of lalans to all alaalalicable technical codes. For S:\CA\Ordinances\LDR Changes\Expedited Development Review,Program(Ch 2 Art I)-v01- krdinance.docxS:',(;A-',(-)Fd�iaatiees',L])R Changes"Expedited Pewelopmell�Rpn,isv,PF()ffam(Q 2 At4 1)- -3- Page 382 of 436 118 buildings and structures davit shall state that the plans conform to the laws as to 119 egress,..type..of construction and general arrangement strength...stresses...strains,_.loads..and 120 stabilily...However,.for projects located within.Mecial..flood hazard..areas,.this.benefit shall 121 not apply to flood load and flood resistance construction re of the Florida 122 Building Code. 123 124 gib. Fee Payment Schedule Agreement. The applicant will be eligible to propose a 125 schedule for the timing of fee payments, to include permit fees and local impact fees, 126 tailored to meet the financial and scheduling needs of the project. Certain legal limitations 127 may apply. and this provision supersedes any conflicting regulation, or operational policy. 128 129 -5-.6. Conflict Resolution. Should any issues arise at any point during the 130 development application review and permitting process, the city will use the most 131 expeditious means to resolve the issue. A face to face meeting between city staff and the 132 applicant's representatives, if necessary, shall be scheduled within three (3)business days of 133 the applicant's notification of the issues.----, 134 , as A 135 ]+er-eif+7 Sliall be -liehidded-.1i die s+aff fepef+4of�he pfoj,ee......fef-*e Ad-,4s-e �e B oaf-Is 136 137 Section 3. Each and every other provision of the Land Development Regulations 138 not herein specifically amended, shall remain in full force and effect as originally adopted. 139 Section 4. All laws and ordinances applying to the City of Boynton Beach in 140 conflict with any provisions of this ordinance are hereby repealed. 141 Section 5. Should any section or provision of this Ordinance or any portion 142 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 143 affect the remainder of this Ordinance. 144 Section 6. Authority is hereby given to codify this Ordinance. 145 Section 7. This Ordinance shall become effective immediately. 146 FIRST READING this day of 12019. 147 Remainder of page intentionally left blank} 148 S:\CA\Ordinances\LDR Changes\Expedited Development Review,Program(Ch 2 Art I)-v01- krdinance.docxS:',(;A-',(-)Fd�iaatiees',L])R Changes"Expedited Pewelopmell�Rpn,isv,PEOffam(Q 2 At4 1)-OFElinaRee.doex -4- Page 383 of 436 149 SECOND, FINAL READING AND PASSAGE this day of , 2019. 150 CITY OF BOYNTON BEACH, FLORIDA 151 152 YES NO 153 154 Mayor— Steven B. Grant 155 156 Vice Mayor—Justin Katz 157 158 Commissioner—Mack McCray 159 160 Commissioner—Christina L. Romelus 161 162 Commissioner—Ty Penserga 163 164 VOTE 165 166 ATTEST: 167 168 169 170 171 Queenester Nieves 172 Deputy City Clerk 173 174 175 176 (Corporate Seal) S:\CA\Ordinances\LDR Changes\Expedited Development Review Program(Ch 2 Art I)-v01- rdinance.docx -5- Page 384 of 436 12.D. LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-083-Authorize Mayor to execute land swap agreement between the City of Boynton Beach and Sarah Williams; Authorize the Mayor to execute deed transfer from the City of Boynton Beach to Boynton Beach CRA. EXPLANATION OF REQUEST- In EQUEST:In May 2019 City staff met with Ms. Sarah Williams to inquiry if she would be interested in swapping her current vacant lot (PCN#09-43-45-21-04-000-0140) on the south side of East MILK Blvd for the City's vacant lot (PCN #08-43-45-21-27-001-0090) on the north side of East MILK Blvd. Currently Ms. William's owns the lot east and west of the City's lot and the CRA owns the lot to the east of Ms. Williams's lot. Both lots are almost identical in shape, size, zoning, and appraised value. Below is a summary of the property data: Ms. Williams vacant lot PCN#09-43-45-21-04-000-0140: Acres: 0.1779 Use: Vacant Zoning: R2-Duplex Appraised Value: $20,117 City's vacant lot PCN #08-43-45-21-27-001-0090: Acres: 0.1607 Use: Vacant Zoning: R2-Duplex Appraised Value: $20,117 Staff recommends authorizing the land swap and deed transfer to provide for future redevelopment opportunities along the MILK corridor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The land swap will provide an opportunity for future redevelopment along the MILK corridor. FISCAL IMPACT: Budgeted The transfer of vacant lot to CRA will eliminate the continuing maintenance costs from the Parks and Grounds budget. CRA staff have authorized reimbursement up to $2,500 dollars to cover the City's closing cost as part of this transaction. ALTERNATIVES: Do not authorize the land swap and transfer and retain property in City's inventory. STRATEGIC PLAN: Page 385 of 436 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing Land Swap with Sarah Williams D Agreement Land Swap Agreement D Location Map Location Map Page 386 of 436 1 RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND 5 SWAP AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND SARAH WILLIAMS;AUTHORIZING THE MAYOR TO 7 SIGN A DEED TO TRANSFER THE PROPERTY FROM THE CITY 8 OF BOYNTON BEACH TO BOYNTON BEACH CRA; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, currently Ms. William's owns the lot east and west of the City's lot and the 12 CRA owns the lot to the east of Ms. Williams's lot with both lots being almost identical in shape, 13 size, zoning, and appraised value; and 14 WHEREAS, staff recommends authorizing the land swap and deed transfer to provide 15 for future redevelopment opportunities along the MLK corridor; and 16 WHEREAS, the transfer of the vacant lot to the CRA will eliminate the continuing 17 maintenance costs from the Parks and Grounds budget; and 18 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 19 interest of the residents and citizens of the City to approve the land swap and transfer with Ms. 20 Sarah Williams to swap her current vacant lot (PCN# 09-43-45-21-04-000-0140) on the south 21 side of East MLK Blvd for the City's vacant lot(PCN#08-43-45-21-27-001-0090) on the north 22 side of East MLK Blvd and then for the City to transfer the new vacant lot to the CRA. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City of Boynton Beach approves the land swap and transfer with Ms. 29 Sarah Williams to swap her current vacant lot (PCN# 09-43-45-21-04-000-0140) on the south C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\8E5AF2D7-2B2C-42A7-9B85-670F02EABB78\Boynton Beach.17489.1.Land Swap_Agreement With Sarah Williams_-_Reso.Docx Page 387 of 436 30 side of East MLK Blvd for the City's vacant lot(PCN#08-43-45-21-27-001-0090) on the north 31 side of East MLK Blvd and then for the City to transfer the new vacant lot to the CRA, a copy 32 of which is attached hereto as Exhibit"A". 33 Section 3. The City Commission approves and authorizes the Mayor to sign the Deed 34 necessary to transfer the vacant lot to the CRA. 35 Section 4. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2019. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 VOTE 52 ATTEST: 53 54 55 56 Queenester Nieves 57 Deputy City Clerk 58 59 60 (Corporate Seal) 61 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\8E5AF2D7-2B2C-42A7-9B85-670F02EABB78\Boynton Beach.17489.1.Land Swap_Agreement With Sarah Williams_-_Reso.Docx Page 388 of 436 LAND SWAP AGREEMENT BY AND BETWEEN THE CITY OF BOYNTON BEACH AND SARAH WILLIAMS AND PERSTEIN WILIAMS THIS LAND SWAP AGREEMENT (the "Agreement") is made on this day of 2019, by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter referred to as the "City"), and Sarah Williams and Perstein Williams, as husband and wife(hereinafter referred to as"Williams"). WHEREAS,the City owns Lot 9 on Martin Luther King Blvd.,more particularly described in Exhibit"A" (hereinafter the"City Parcel"),and Williams own Lot 14 on NE 10`"Avenue,more particularly described in Exhibit "B" (hereinafter the "Williams Parcel"), within the City limits and in Palm Beach County,Florida. WHEREAS, in the collective public interest of the City and Williams, the CITY and the Williams have mutually agreed to the exchange of the City Parcel with the Williams Parcel. THEREFORE,in consideration of the premises,the mutual covenants and promises herein contained,the parties hereby covenant and agree as follows: 1. CONVEYANCE AND CONSIDERATION: Williams shall convey its title in the Williams Parcel, together with all rights and appurtenances pertaining to the real property, including any right, title, and interest of the Williams' in and to adjacent streets, alleys, or rights-of-way together with any improvements, fixtures, and personal property situated on and attached to said parcels, in exchange for the conveyance by the City to Williams of the City Parcel, together with all rights and appurtenances pertaining to the real properties, including any right, title, and interest of the City in and to adjacent streets, alleys, or rights-of-way, together with any improvements, fixtures, and personal property situated on and attached to said parcels. The City and Williams hereby waive any and all warranties, express or implied, and understand and accept that the City Parcel and the Williams Parcels are being transferred in AS IS condition. The transfer of title of the City Parcel and the Williams Parcel shall be effectuated by a Warranty Deed. 2. REPRESENTATIONS AND WARRANTIES: The City and Williams hereby represent and warrant to each other as follows: a) There are no parties in possession as lessees, tenants at sufferance, or trespassers of any portion of the Williams Parcel and the City Parcel; b) There is no pending or threatened condemnation or similar proceeding or assessments affecting the Williams Parcel and the City Parcel,or any part thereof. c) There are no unpaid assessments or unpaid taxes relating to the Williams Parcel and the City Parcel. (00307014.1306-9905405) Page 389 of 436 d) The Williams Parcel and the City Parcel have full and free access to and from public highways,streets,or roads and, there is no pending or threatened governmental proceeding which would impair or result in the termination of such legal access. 3. CONDITIONS PRECEDENT TO CLOSING: The conditions precedent to consummate the exchange as contemplated by the terms and provisions of this Agreement are subject to the satisfaction of each of the following closing conditions(any of which may be waived in whole or in part by the City and Williams): a) Survey. The City and Williams shall furnish a current boundary survey of the City Parcel and the Williams Parcel, prepared by a licensed and registered surveyor. The City and the Williams will have ten (10) days after receipt of such survey to review and approve same. In the event such survey discloses encroachments or other issues that are unacceptable to the City or to Williams, then said party shall notify the other of such fact. If the City or Williams choose not to take actions to correct unacceptable portions of the survey or is unable to do so,then the City or Williams may terminate this Agreement. b) Aq�tabitl � of Title. The City shall obtain title commitments relating to the City Parcel and the Williams Parcel. The City shall give Williams written notice on or before the expiration of ten(10)days after receiving such results of title that the condition of title as set forth therein with respect to the Williams Parcel is or is not satisfactory. In the event the condition is reported as not satisfactory, it will be documented by title examination, provided at the expense of Williams. On receipt thereof, Williams shall promptly undertake to eliminate or modify all objections to the reasonable satisfaction of the City. In the event Williams is unable to respond to objections within fifteen (15) days after receipt of written notice, the City may terminate this Agreement, said condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Williams shall give the City written notice on or before the expiration of ten(10)days after receiving such results of title that the condition of title as set forth therein with respect to the City Parcel is or is not satisfactory. In the event the condition is reported as not satisfactory, it will be documented by title examination, provided at the expense of the City. On receipt thereof, the City shall promptly undertake to eliminate or modify all .-Objections to the reasonable satisfaction of Williams. In the event-the City is unable to respond to objections within fifteen(15)days after receipt of written notice, Williams may terminate this Agreement, said condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. c) Estoppel Letter. If applicable,Williams shall deliver to the City an"estoppel letter"signed by the holders of any existing indebtedness secured by Parcel B, stating: (1) that as of the closing date no default exists under either the deed of trust or mortgage or notes or any instruments securing the payment of same; (2)that all installments of principal and interest payable to the date of closing have been paid; (3)the amount of the unpaid balance of the notes; and(4)that there have been no modifications or amendments to such note or deed of trust or mortgage instruments. d) Lien Search. The City and Williams shall deliver a clear lien search report on the City Parcel and the Williams Parcel,respectively. (00307014.1306-"05405) 2 Page 390 of 436 r e) Board Airoval. The City shall obtain approval from its governing body prior to closing. The City's obligation to close is conditioned on the approval of this Agreement by the City Commission. 4. CLOSING DATE AND COSTS: The closing of the land swap transaction shall be conducted by the law firm of GOREN,CHEROF, DOODY& EZROL, P.A. within forty-five (45) days of execution of this Agreement by the City. The City and Williams may agree to extend the closing date through the execution of an Amendment to the Agreement. a) The City shall pay for all costs relating to the purchase and sale of both the City Parcel and the Williams Parcel: title commitments, surveys, documentary stamps on the deeds, deed recording costs,attorney's fees,and Owner's Title Policies. b) Real estate taxes, personal property taxes on any tangible personal property, outstanding utility bills, and any outstanding and unpaid assessments will be prorated through the day of closing for the Williams Parcel will be paid by Williams. 5. DEFAULT. In the event of a default by City, Williams shall have the election of the following remedies, which shall include the return of the earnest money, and accrued interest as liquidated damages or equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. If Williams shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, the earnest money, shall be immediately forfeited to City as agreed upon liquidated damages and Williams shall have no other responsibility or liability of any kind to City by virtue of such default. City's sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by Williams, City shall have the election of the following remedies, which shall include the return of the earnest money, and accrued interest as liquidated damages or equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. If the City shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, the earnest money, shall be immediately forfeited to Williams as agreed upon liquidated damages and City shall have no other responsibility or liability of any kind to Williams by virtue of such default. Williams' sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. 6. MISCELLANEOUS PROVISIONS: a) Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the Federal or State Courts in Palm Beach County,Florida. (00307014.1306-9905405) 3 Page 391 of 436 b) Entire AeTeement. All prior understandings and agreements between the City and the Williams with regard to any subject matter contained herein are merged in this Agreement. This Agreement completely expresses their fall agreement. Any modification of this Agreement shall be in writing and executed by the parties. c) Effective Date. This Agreement shall be deemed effective as of the last date that the document is executed by the City. d) Counterparts.This Agreement may be executed in two or more counterparts,each of which shall be and shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals e) Radon Gas. Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. f) Severability. In case any one or more of the provisions contained in this contract shall for anyreasonbe held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. [SIGNATURES ON FOLLOWING PAGE] (00307014.1 365-9405405) 4 Page 392 of 436 IN WITNESS WHEREOF,the parties have executed this Agreement on the date first mentioned above. CITY OF BOYNTON BEACH ATTEST: .......... By: �......... Title: City Clerk Date executed: APPROVED AS TO FORM: City Attorney SARAH WILLIAMS PERSTEIN WILLIAMS (00307014.1306-9905405) 5 Page 393 of 436 EXHIBIT A LEGAL DESCRIPTION CITY PARCEL Parcel ID No.: 08-43-45.21-27_001-0090 E ROBERTS ADD TO BOYNTON LOT 9 (LESS S 10 FT ) {00307014.1 3069905405} 6 Page 394 of 436 EXHIBIT B LEGAL DESCRIPTION OF WILLIAMS PARCEL Parcel ID No.: 08-43-45-21-04-000-0140 Lot 14 Less North 10 feet Northeast 10th Avenue Road R/W,of Robert Wells' Subdivision, according to the Plat thereof, as recorded in Plat Book 11, Page 66, of the Public Records of Palm each County, Florida. {00307014.1306-9905405} 7 Page 395 of 436 �a ii Y `� l ��� ��.�j`�k`� r,� � �,i �,= r -- - - � � ; rn �� � � o- _ {� r-r k � � t i_ = � ' `' t � � C � �' f�f �' �� � �4 �� F� ti,:. .h�i��s,� I� 3 ' � � t �� i, ';o t` } �,i �r `�\ � �� � I �l � � �( _� �� �x a i :I — �� S � �k i r 1 — ` � s� ,_ S - t!; _ L t �,�— �q5 a'n ,. is 7 �1� ��� �'� ` r � ����� 71. {(,, � 6 -� �� — (t}i�llrfih��"� -- ,, � ,�,� _ � - v t ,���t '�4'�`' ,,,, ,,. '�bpi� � r�-y�`ry4�', SSI � � %R�- � c�` `�yd„�� — �� { � it I 4, � � � ` �> �. •� � �_ I �� ��'� �� � �` A�, r�� � 3 � � i ,� „_ � r� � �� 1 {������ i } i � i �� - ii ,� � ...,t,i� � {-=C ,,�{�t I, ` „Y t� f I� t° l� _I � � i � � ' �, } !`jf i. }�� n r � r°� �`, � ff 11'�� '' ��� ti` �'r { 4 � 4 t '{fie .- � t �. „� �„ s n ups+� ���� +��. � �}, �'• � ! � { i i t � � � r 7t � �. � ,, 4 �; r.�,'' y fi r �l, R �`i r 1 �r ' { u i °� 12.E. LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-022 - FIRST READING -Adopting amendments to the City's Land Development Regulations, Chapter 2, Article 11, Section 4.F pursuant to the Voluntary Compliance and Conciliation Agreement with the Department of Housing and Urban Development (HUD). EXPLANATION OF REQUEST: Following a period of moratorium and completion of a zoning study by City staff in 2017, a complaint was filed with HUD, based in part, on the Fair Housing Act, alleging that the moratorium had caused a delay in the opening of a group home to serve persons with disabilities. A Voluntary Compliance Agreement and Conciliation Agreement (aka the Settlement) was agreed upon by all parties in November 2018, which resolved the complaint. Selected requirements of the Settlement are summarized as follows: • Provide a quarterly report to HUD documenting actions taken on all business tax receipt requests for group homes and requests for Reasonable Accommodation; • Pay $20,000 to the Fair Housing of the Greater Palm Beaches organization for programming and advertising costs; • Provide training for staff and elected officials on the subject of fair housing, group home permitting and licensing, and the processing of Reasonable Accommodation requests; • Adopt a Reasonable Accommodation Policy approved by HUD (approved 7/2/19); • Amend/update the City's Reasonable Accommodation Ordinance for consistency with the Reasonable Accommodation Policy (this item); • Adopt a Non-Discrimination Policy approved by HUD; and • Amend the City's Non-Discrimination Ordinance for consistency with the Non-Discrimination Policy. The City established a Reasonable Accommodation process in 2013 to provide individuals with disabilities reasonable accommodations in the City's administration of its programs, services, and activities, including, but not limited to zoning, land use, permitting and licensing regulations, requirements and review and approval practices, to ensure access to housing and related services equal to the access that is provided to those without disabilities. The existing regulations, in part, established submittal requirements for requesting reasonable accommodation, review criteria, review and processing time periods, and an appeal procedure. The revised Reasonable Accommodation Policy, as approved by HUD as part of the settlement, includes a thorough definition of Reasonable Accommodation including references to the enabling laws represented by the Fair Housing Act (FHA), Title I I of the Americans W ith Disabilities Act(ADA), and Section 504 of the Rehabilitation Act. The Policy also establishes detailed protocol for processing requests for Reasonable Accommodation with an emphasis on clarity of communication and interaction with applicants, including the specific form letters to be used in the process. The subject amendments to Section 4.F. of the Code of Ordinances are intended to make the ordinance consistent with the City's newly-approved Reasonable Accommodation Policy, and clarifies the City's continued commitment to maximize the awareness of the public of the application process and to work closely with each eligible applicant to ensure that accommodations are provided, even to the extent of working with each eligible applicant to arrive at acceptable alternative solutions when necessary. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed amendments are intended to ensure that the delivery of City services and the enforcement of City standards, regulations, and processes do not interfere with access to housing and services by disabled Page 397 of 436 persons. City staff and the public will be informed of the proposed amendments as part of the education and information distribution requirements of the Reasonable Accommodation Policy. FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\4ng amendment to Reasonable Accommodation Page 398 of 436 I ORDINANCE 19- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE 5 LAND DEVELOPMENT REGULATIONS CHAPTER 2, 6 ARTICLE II, SECTION 4.F ENTITLED "REQUESTS FOR 7 ACCOMMODATION"; PROVIDING FOR CODIFICATION; 8 CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 9 10 WHEREAS, as part of a Voluntary Compliance and Conciliation 11 Agreement,the City has adopted a Reasonable Accommodation Policy as approved 12 by the Department of Housing and Urban Development; and 13 WHEREAS, pursuant to the Voluntary Compliance and Conciliation 14 Agreement, the City is required to amend its existing Reasonable Accommodation 15 Ordinance to ensure consistency with the Reasonable Accommodation Policy; and 16 WHEREAS, the proposed amendments to the Reasonable Accommodation 17 Ordinance includes a thorough definition of Reasonable Accommodation including 18 enabling laws represented by the Fair Housing Act(FHA),Title 11 of the Americans 19 with Disabilities Act(ADA), and Section 504 of the Rehabilitation Act; and 20 WHEREAS, the proposed amendments establish detailed protocol for 21 processing requests for Reasonable Accommodation with an emphasis on 22 immediate, direct and clear communication and interaction with applicants, 23 including the specific form letters to be used in the process; and 24 WHEREAS, Section 4.F continues to represent the City's commitment to 25 maximize the awareness of the public of the application process,and to work closely 26 with each eligible applicant to ensure that accommodations are provided, even to 100316616.1306-90018211 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 1 of 6 Page 399 of 436 I the extent of working with each eligible applicant to arrive at acceptable alternative 2 solutions when necessary. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being 6 true and correct and are incorporated herein by this reference. 7 Section 2: The Land Development Regulations, Chapter 2,Article II, 8 Section 4.F, entitled "Requests for Accommodation"is amended as follows: 9 1. 4+-General. 10 a. Purpose and Intent. 11 The purpose of this section is to implement the City's Reasonable 12 Accommodation Policy, to make available a procedure, in part, that is straightforward 13 and not burdensome for processing requests for reasonable accommodation to the city's 14 Code of Ordinances, Land Development Regulations, rules,policies, and procedures for 15 persons with disabilities, as provided by Federal Fair Housing Act, Americans with 16 Disabilities Act; Civil Rights Act, and the Rehabilitation Act (collectively "Federal 17 Law"). 18 b. Applicability. 19 Any person who is disabled, or qualifying entities, may request a reasonable 20 accommodation with respect to the city's Land Development Regulations, Code of 21 Ordinances, rules, policies, practices and/or procedures as provided by Federal Law 22 pursuant to the procedures set forth in this section. For purposes of this section, a 23 "disabled person" is an individual that qualifies as disabled and/or handicapped pursuant 24 to Federal Law, as may be amended from time to time. The word "individual" shall 25 include, for purposes of this section, multiple people or multiple qualified entities. 26 c. Notice to the Public of Availability of Accommodation. 27 The city will provide notice to the public advising that individuals may request a 28 reasonable accommodation. Such notice may include, but is not limited to, displaying a 29 notice in the city's physical or electronic bulletin boards, providing hard copies of the 30 forms, policies, and procedures at various locations throughout City Hall, and through 100316616.1306-90018211 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 2 of 6 Page 400 of 436 I ver-ba4ly a&4sin-. communications with the Public in response to specific in wires 2 regarding group homes or reasonable accommodation, requests for zoning 3 and/or as part of the processing of building permit or business tax receipt Uplications. 4 ijqdiN,i d- 5 The city's forms,policies, and procedures, as may be amended from time to time, 6 provide the specific information that is necessary to implement the general policies in this 7 section. 8 2. Submittal Requirements. 9 A request by an applicant for reasonable accommodation under this section may 10 be either oral or written. The City has prepared a reasonable accommodation request form 11 for the public's use. The request form and all forms related to this section are available 12 from the City Clerk, Code Enforcement, and Development. Completed forms should be 13 submitted to the Human Resources/Risk Department and the City's ADA Coordinator. 14 Requests and inquiries may be e-mailed to the City at ADALbbfl.us. 15 a. Confidential Information. 16 Should the information submitted by an applicant include medical information or 17 other confidential information, the individual may, at the time of submitting such 18 information, request that the c-City, to the extent permitted by law, treat such information 19 as confidential, disclosing the information only to those individuals who need the 20 information as part of the review process, 21 The c-City will honor the confidentiality request to the extent permitted by law. The 22 city has no obligation to initiate, prosecute, defend, or pursue any legal action related to 23 the confidentiality request, or to incur any legal or other expenses (whether by retention 24 of outside counsel or allocation of internal resources), in connection with any such legal 25 action. 26 The c-City will comply with any judicial order related to the records which are the 27 subject of a confidentiality request. 28 This section is subject to local, state, and federal revisions to privacy laws, including 29 but not limited to the Health Insurance Portability and Accountability Act(HIPAA), as it 30 may be amended from time to time. 31 b. Fees. 32 The Cc-ity will not impose a fee for processing a request for reasonable 33 accommodation or an meal of a decision related to such request. 100316616.1306-90018211 CODING: Words in st+4ie#waiig type are deletions from existing law; Words in underlined type are additions. Page 3 of 6 Page 401 of 436 I The c-City has no obligation to pay an applicant's attorney's fees or costs in connection 2 with a request or an meal. 3 c. City Assistance. 4 To ensure the process is accessible, the c-City will provide ftpAthe applicant with 5 assistance and accommodation as required by Federal Law including, but not limited to, 6 assistance with reading application questions, responding _to questions, completing the 7 form, filing an meal, and wearing at a hearing_. 8 3. Response to Reasonable Accommodation Request. 9 a. In determining whether the reasonable accommodation request will be 10 granted or denied, the requesting�party shall be required to establish that they are 11 protected under the FHA and/or ADA by demonstrating that they are handicapped or 12 disabled, as defined in Federal Law, as may be amended from time to time. 13 14 b. The City of +^ Benewill grant or deny the request within 30 15 calendar days after receiving all information and documentation from the requesting 16 individual using the Request for Additional Information form letter. The City will not 17 make a determination until all necessary information has been received. 18 19 Should the City require additional time to make a determination_ the City will 20 provide the requester the reasons for the delay within the timeframe the City otherwise 21 would have had to make a determination. 22 23 C. Interim Accommodations. 24 Interim accommodations shall be provided by the City if the requested accommodations 25 cannot be provided at the time of approval, based on a reasonable time period as 26 communicated to the requester. 27 28 b-d. If the City concludes that there are jLijjfaLbL reasons for denying the 29 request, the City shall, using an interactive process with the applicant, facilitate the 30 consideration of alternative effective accommocations necessary to meet the disability- 31 related needs that would not cause a fundamental alternation of the City's operations 32 and/or the City's zoning scheme, or impose an undue administrative and financial burden 33 on the Citv. 34 35 36 37 {00316616.1306-9001521} CODING: Words in st+i�=type are deletions from existing law; Words in underlined type are additions. Page 4 of 6 Page 402 of 436 I VV4. Appeal. 2 In the event a reasonable accommodation request is denied, individuals have a right 3 to appeal and must do so in writing using the "Application to Appeal Denial of Request 4 for Reasonable Accommodation" form within 30 calendar days of receipt of the letter of 5 denial. Assistance in completion of the Appeal form will be provided by City Officials if 6 needed. The City of Boynton Beach will honor extensions where there is good cause, 7 including when an individual requests additional time as a reasonable accommodation. 8 Individuals who appeal the denial of their reasonable accommodation request will be 9 provided a hearing with the City's Special Magistrate. Following the hearing,the Special 10 Magistrate will either uphold the denial or require the City to grant the reasonable 11 accommodation request. 12 V-5. Stay of Enforcement. 13 While an application for reasonable accommodation, or an meal of a 14 determination of same, is pending before the city, the city will not enforce the subject 15 zoning ordinance, rules, policies, and procedures against the applicant. 16 V46. Expiration of Approvals. 17 Approvals of requests for reasonable accommodation shall expire in one hundred 18 eighty (180) days if not implemented by the applicant. 19 Section 3: It is the intention of the City Commission, and it is hereby ordained 20 that the provisions of this Ordinance shall become and be made a part of the Code and 21 Ordinances of the City of Boynton Beach, Florida. 22 Section 4: All Ordinances and Resolutions or parts of Ordinances and 23 Resolutions in conflict herewith, be and the same are hereby repealed, to the extent of 24 such conflict. 25 Section 5: If any clause, section or other part of this Ordinance shall be held 26 invalid or unconstitutional by any court of competent jurisdiction, the remainder of this 27 Ordinance shall not be affected thereby, but shall remain in full force and effect. 100316616.1306-90018211 CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 5 of 6 Page 403 of 436 I Section 6: This Ordinance shall become effective upon passage and adoption. 2 FIRST READING THIS DAY OF , 2019. 3 4 SECOND,FINAL READING AND PASSAGE this day of , 5 2019. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 YES NO 10 11 Mayor— Steven B. Grant 12 13 Vice Mayor—Justin Katz 14 15 Commissioner—Mack McCray 16 17 Commissioner—Christina L. Romelus 18 19 Commissioner—Ty Penserga 20 21 VOTE 22 ATTEST: 23 24 25 26 Queenester Nieves 27 Deputy City Clerk 28 29 30 (Corporate Seal) 31 32 {00316616.1306-9001521} CODING: Words in st+4i�=type are deletions from existing law; Words in underlined type are additions. Page 6 of 6 Page 404 of 436 12.F. LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-023 - FIRST READING -Approve proposed amendments to the City's Code of Ordinances, Chapter 2, Administration, Section 2-24- Non-Discrimination Policy for consistency with the City's administrative Non-Discrimination Policy pursuant to Resolution No. R19-071, which Commission approved on July 2, 2019. EXPLANATION OF REQUEST: The city Commission approved Resolution No. R19-071 as part of a Voluntary Compliance and Conciliation Agreement with HUD. The next step in achieving compliance with this Agreement is to amend the City's Non- Discrimination Ordinance so that it is consistent with the Non-Discrimination Policy. The amended language would state: "The City of Boynton Beach does not and shall not discriminate against any person in its operations, sponsorship, or in the administration of any activities, programs, or services or in its hiring or promotion, or engage in any other discriminatory practice against any person(s) based on race, age, religion, color, gender, sex, gender identity or expression, sexual orientation, national origin, marital status, familial status, disability, political affiliation, veteran status, or any other characteristic protected by law." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed Ordinance language will codify the City's Non-Discrimination policy statement. FISCAL IMPACT: None. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 405 of 436 ATTACHMENTS: Type Description D Ordinance Non-D iscri mi nation Ordinance Page 406 of 436 I ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES, 5 ENTITLED "ADMINISTRATION",ARTICLE I,"IN GENERAL",BY 6 CREATING SECTION 2-24, TO BE ENTITLED "NON- 7 DISCRIMINATION POLICY"; PROVIDING FOR NON- 8 DISCRIMINATION IN THE CITY'S HIRING POLICIES AND ALL 9 OTHER ACTIVITIES PROMOTED OR SPONSORED BY THE CITY 10 OF BOYNTON BEACH; PROVIDING FOR CODIFICATION, 11 CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 12 13 WHEREAS,the City of Boynton Beach(the"City")is an equal opportunity employer; 14 and 15 WHEREAS, the City Commission seeks to codify amendments to the City's policy of 16 non-discrimination; and 17 WHEREAS, the City Commission seeks to further ensure a policy of non- 18 discrimination in the administration of any activities, programs, or services and in its hiring; 19 and 20 WHEREAS, the City Commission finds that codifying a non-discrimination policy is 21 in the best interests of the citizens and residents of the City. 22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 24 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 Ordinance upon adoption 27 hereof. 28 Section 2. Chapter 2, entitled "Administration", Article I, entitled "In General", of 29 the City of Boynton Beach Code of Ordinances Section 2-24 "Non-Discrimination Policy" is 30 hereby amended to read as follows: 1 Page 407 of 436 1 2 Sec. 2-24 Non-Discrimination Policy 3 4 The City of Boynton Beach does not and shall not discriminate against any 5 person in its operations, sponsorship, or in the administration of any activities, 6 programs, or services or in its hiring or promotion, or engage in any other 7 discriminatory practice against any person(s) based on race, age, religion, 8 color, gender, sex, gender identity or expression, sexual orientation, national 9 origin, marital status, familial status, disability, political affiliation, veteran 10 status, or any other characteristic protected by law. 11 12 Section 3. It is the intention of the City Commission of the City of Boynton Beach 13 that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances 14 of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be 15 renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article", or 16 such other word or phrase in order to accomplish such intention. 17 Section 4. If any clause, section, or other part or application of this Ordinance shall 18 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 19 unconstitutional or invalid part or application shall be considered as eliminated and so not 20 affecting the remaining portions or applications remaining in full force and effect. 21 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of 22 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 23 conflict. 24 Section 6. This Ordinance shall become effective immediately upon its passage and 25 adoption 26 2 Page 408 of 436 I FIRST READING THIS DAY OF , 2019. 2 3 SECOND,FINAL READING AND PASSAGE this day of ,2019. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 YES NO 8 9 Mayor— Steven B. Grant 10 11 Vice Mayor—Justin Katz 12 13 Commissioner—Mack McCray 14 15 Commissioner—Christina L. Romelus 16 17 Commissioner—Ty Penserga 18 19 VOTE 20 ATTEST: 21 22 23 24 Queenester Nieves 25 Deputy City Clerk 26 27 28 (Corporate Seal) 29 3 Page 409 of 436 12.G. LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-024- FIRST READING -Adopting amendments to the City's Land Development Regulations, Chapter 3. Zoning, Article IV, Section 3.13.2 clarifying the ability for an accessory use to be conducted outside a building within abutting road and canal rights-of-way. EXPLANATION OF REQUEST: City regulations include provisions for restaurant seating, and boat docks and decking improvements in canal rights-of-way as exceptions to the rule that all business activity must be conducted in a building, and on the same property as the "principal" use. Residential uses located along canal rights-of-way commonly use abutting canals for waterfront decks, boat launches and boat docks. These represent accessory activities and improvements to a principal use. Staff proposes the subject amendment to the Land Development Regulations to generally clarify that the provision applies to canal rights-of-way as well as road rights-of-way, and to include a general reference to the regulation categories that would and would not apply. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The subject amendment supports accessory business and recreational activities by uses located along canal and the Intracoastal Waterway rights-of-way. Business expansions could lead to contributions to permitting and business tax revenues. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 410 of 436 ATTACHMENTS: Type Description D Ordinance Ordinance appro\4ng changes to LD R to clarify accessory use Page 411 of 436 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 3 "ZONING", ARTICLE IV "USE REGULATIONS", 7 SECTION 3, "USE REGULATIONS" CLARIFYING THE ABILITY 8 FOR AN ACCESSORY USE TO BE CONDUCTED OUTSIDE A 9 BUILDING WITHIN ABUTTING ROAD AND CANAL RIGHTS-OF- 10 WAY; PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, City regulations include provisions for restaurant seating, and boat 15 docks and decking improvements in canal rights-of-way as exceptions to the rule that all 16 business activity must be conducted in a building, and on the same property as the"principal" 17 use; and 18 WHEREAS, residential uses located along canal rights-of-way commonly use 19 abutting canals for waterfront decks, boat launches and boat docks which represent accessory 20 activities and improvements to a principal use; and 21 WHEREAS, staff proposes the subject amendment to the Land Development 22 Regulations to generally clarify that the provision applies to canal rights-of-way as well as 23 road rights-of-way, and to include a general reference to the regulation categories that would 24 and would not apply. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 30 "Zoning", Article IV "Use Regulations", Sec. 3 "Use Regulations" is hereby amended as S:ACA\Ordinances\LDR Changes\Accessory use clarification(Ch 3 Art IV)-Ordinance.docx -I- Page 412 of 436 31 follows: 32 Sec. 3. Use Regulations. 33 34 A. General. Except as otherwise provided in this article, regulations governing the use of 35 land and structures are hereby established as shown in the following use matrix (Table 3- 36 28). The use matrix is intended to classify uses on the basis of common functional 37 characteristics and land use compatibility. The use matrix indicates eligible zoning districts 38 for the various uses based on the exact nature of the use, and detailed requirements which 39 specify permitted uses or any additional application requirements, as well as additional 40 standards (see "Notes and Restrictions" of Section 3.E. below) that may be necessary to 41 justify and establish each use. 42 B. General Rules of Use Matrix. The following general rules are applicable to the use 43 matrix: 44 1. Vacant Box. Except for within the IPUD district and PID district, a vacant box that 45 contains no symbol signifies that the use category is not allowed within the corresponding 46 zoning district. 47 2. Business Activity. All business activity and uses shall be conducted within a fully 48 enclosed building, and t � sazc � t ,, unless otherwise specified. C O 49 pro.e ty c��m Use of abUttin�r��Ilmts_o `mwav for accesso�� use may rc.c���m�cma�L!2 a1__a� 50 described in ChalltFico entities h nUrisdiction over the SUbi'ect 60ts-o - 51 way____ .lmt��0W4h bUildia _ancl site. �c VUlations wo�:lld_notma)! (i.e, mini�r urn setbacks., 52 miniMLIlrl lot Stanclalcl n1a�JMl;im lot coverage. etc. . accaccessol� LISC of activlt� .... 53 cl_C th pec r� c r�tl t cc�l�l?l�% with fne tJse Reg�:llations and Performance formance Standards as wclml. 54 as all associated, t D vc.lol mc.nt tanclatcl ulll ticltn (-odes, and a1�1�1,Ical�lc a ��c�vd 55 outside entity havingiLLbscliction. 56 3. Terms. Whenever the word "district" is used, it is construed to mean zoning district. 57 4. Column Headings in Title Block. 58 a. The major column headings in the title block of the use matrix (i.e., residential, 59 commercial, mixed use, industrial, and miscellaneous) are further defined in Chapter 1, 60 Article 11, Definitions. 61 62 63 Section 3. Each and every other provision of the Land Development Regulations 64 not herein specifically amended, shall remain in full force and effect as originally adopted. 65 Section 4. All laws and ordinances applying to the City of Boynton Beach in 66 conflict with any provisions of this ordinance are hereby repealed. 67 Section 5. Should any section or provision of this Ordinance or any portion 68 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 69 affect the remainder of this Ordinance. S:ACA\Ordinances\LDR Changes\Accessory use clarification(Ch 3 Art IV)-Ordinance.docx -2- Page 413 of 436 70 Section 6. Authority is hereby given to codify this Ordinance. 71 Section 7. This Ordinance shall become effective immediately. 72 FIRST READING this day of , 2019. 73 SECOND, FINAL READING AND PASSAGE this day of , 2019. 74 CITY OF BOYNTON BEACH, FLORIDA 75 76 YES NO 77 78 Mayor— Steven B. Grant 79 80 Vice Mayor—Justin Katz 81 82 Commissioner—Mack McCray 83 84 Commissioner—Christina L. Romelus 85 86 Commissioner—Ty Penserga 87 88 89 VOTE 90 ATTEST: 91 92 93 94 95 Queenester Nieves 96 Deputy City Clerk 97 98 99 100 101 (Corporate Seal) S:ACA\Ordinances\LDR Changes\Accessory use clarification(Ch 3 Art IV)-Ordinance.docx -3- Page 414 of 436 12.H. LEGAL 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: PREPOSED ORDINANCE 19-026 - First Reading. Approval of Ordinance modifying the original powers and responsibilities of the Quantum Park Overlay Dependent District but reserving the District's authority to manage outstanding debt. EXPLANATION OF REQUEST: The QPODD Board has proposed a reduction in the scope of its powers as reflected in the attached Ordinance The Ordinance was drafted by the Board's Legal Counsel. The City Attorney will recommend amendment bet6ween first and second reading. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will assume responsibility for infrastructure previously managed by the District. FISCAL IMPACT: The City will incur approximately $50,000 annually to administer the infrastructure. ALTERNATIVES: To be discussed STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance modifying QPODD Powers and responsibilities Page 415 of 436 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING ORDINANCE 05-061, 5 RELATED TO THE QUANTUM PARK OVERLAY 6 DEPENDENT DISTRICT; PROVIDING FOR 7 AMENDMENTS TO THE PURPOSE, GENERAL 8 POWERS AND DUTIES OF THE QUANTUM PARK 9 OVERLAY DEPENDENT DISTRICT; PROVIDING FOR 10 CONFLICTS; PROVIDING FOR SEVERABILITY AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on October 5, 2005, the City adopted Ordinance 05-061, which 14 established the Quantum Park Overlay Dependent District(District); and 15 16 WHEREAS, Ordinance 05-061, provides that the purpose and general powers of the 17 District are to fund, plan, establish, expand, operate, preserve and maintain certain public 18 infrastructure located within the stated boundaries of the District; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, 21 and public hearings have been held before the City Commission on the proposed changes to 22 the District and its purpose, general powers and duties; and 23 24 WHEREAS, the City has determined that it is in the best interest of the citizens of 25 Boynton Beach to revise Ordinance 05-061, in order to better align the purpose, general 26 powers and duties of the District with the City's vision for the area. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 30 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated 32 herein by this reference. 33 34 Section 2. City of Boynton Beach Ordinance 05-061, is hereby amended as 35 follows: 36 37 Note: Underlined words constitute additions while l etigh-constitutes deletions, 38 and asterisks (***) indicate an omission from the existing text which is intended to remain 39 unchanged. 40 41 42 *** 43 44 Section 5. Purpose 45 46 . Page 1 of 17 Page 416 of 436 47 From the Effective Date of this Ordinance, it shall be the sole purpose of the Quantum Park 48 Overlay Dependent District to retire the outstanding debt of the District, levy the non-ad 49 valorem assessments necessary to retire the outstanding debt, transfer and/dispose of an. and 50 all assets and real property interests of the District, engage in such activities and complete 51 such statutory requirements or formalities as are necessary to fully sunset the District on or 52 before September 30, 2020, or on such earlier date as determined by the City of Boynton 53 Beach through the adoption of a Resolution setting forth same. 54 55 Section 6. Board of Supervisors; Members, Election of Members, and Meetings. 56 57 The District Board shall exercise the powers granted to the District pursuant to this Ordinance. 58 The District Board shall consist of five members. Except as otherwise provided herein, each 59 member shall hold office for a term of four years and until a successor is chosen and qualifies. 60 The members of the District Board must be residents of the State of Florida and citizens of 61 the United States. 62 63 (1) (a) Within 90 days following the effective date of this Ordinance establishing the 64 District, there shall be held a meeting of all landowners of the District for the purpose of 65 electing five members for the District Board. Notice of the landowners' meeting shall be 66 published once a week for 2 consecutive weeks in a newspaper which is in general circulation 67 in the area of the District,the last day of such publication to be not fewer than 14 days or more 68 than 28 days before the date of the election. The landowners, when assembled at such 69 meeting, shall organize by electing a chair who shall conduct the meeting. 70 71 (b) At such meeting, each landowner shall be entitled to cast one vote per assessable acre 72 and/or a fractional vote equal to any fractional share of one assessable acre for the purpose of 73 votes taken at the meeting for any item that the landowner is entitled to vote. Landowners 74 owning less than one (1) assessable acre in the aggregate shall be entitled to a fractional vote 75 equal to the aggregate fractional assessable acreage owned. Landowners with more that one 76 (1) assessable acre are entitled to an aggregate number of votes equal to the aggregate number 77 of all (whether whole or fractional) assessable acres owned, when all of such landowners' 78 assessable acreage has been aggregated for purposes of voting. A landowner may vote in 79 person or by a proxy given in writing. The two candidates receiving the highest number of 80 votes shall be elected for a period of four years, and the three candidates receiving the next 81 highest number of votes shall be elected for a period of two years. The members of the first 82 District Board elected by landowners shall serve their respective 4-year or 2-year terms; 83 however, the next election by landowners shall be on the first Tuesday in the first November 84 following the expiration of the initially elected 2-year terms. . Thereafter, there shall be an 85 election of Board members for the District every 2 years on the first Tuesday in November. 86 At each election following the initial election,the two candidates receiving the highest number 87 of votes shall be elected to serve for a 4-year term, and the remaining candidate shall be elected 88 to serve for a 2-year term. 89 90 (2) Upon entering into office, members of the district board shall take and subscribe to the 91 oath of office as prescribed by s. 876.05. They shall hold office for the terms for which they 92 were elected or appointed and until their successors are chosen and qualified. If, during the Page 2 of 17 Page 417 of 436 93 term of office, a vacancy occurs, the remaining members of the District Board shall fill the 94 vacancy by an appointment for the remainder of the unexpired term. During their unexpired 95 terms, members of the Board may be removed at will by action of the governing body of the 96 City. 97 98 (3) A majority of the members of the District Board constitutes a quorum for the purposes 99 of conducting its business and exercising its powers and for all other purposes. Action taken 100 by the District shall be upon a vote of a majority of the members present unless general law 101 or a rule of the District requires a greater number. 102 103 (4) As soon as practicable after each election or appointment, the District Board shall 104 organize by electing one of its members as chair and by electing a secretary, who need not be 105 a member of the District Board, and such other officers as the District Board may deem 106 necessary. 107 108 (5) The District Board shall keep a permanent record book entitled "Record of 109 Proceedings of Quantum Park Overlay Dependent District," in which shall be recorded 110 minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, 111 and any and all corporate acts. The record book shall at reasonable times be opened to 112 inspection in the same manner as state, county, and municipal records pursuant to chapter 119. 113 The record book shall be kept at the office or other regular place of business maintained by 114 the District Board in Palm Beach County. 115 116 (6) Each supervisor shall be entitled to receive for his or her services an amount not to 117 exceed $200 per meeting of the board of supervisors, not to exceed $4,800 per year per 118 supervisor, or an amount established by the electors at referendum. In addition, each 119 supervisor shall receive travel and per diem expenses as set forth in s. 112.061. 120 121 (7) All meetings of the District Board shall be open to the public and governed by the 122 provisions of chapter 286. 123 124 Section 7. Board of Supervisors, General Duties. 125 126 (1) The District Board shall employ, and fix the compensation of, a district manager. The 127 district manager shall have charge and supervision of the works of the District and shall be 128 responsible for preserving and maintaining any improvement or facility constructed or erected 129 pursuant to the provisions of this Ordinance, for maintaining and operating the equipment 130 owned by the District, and for performing such other duties as may be prescribed by the 131 District Board. The district manager may hire or otherwise employ and terminate the 132 employment of such other persons, including, without limitation, professional, supervisory, 133 and clerical employees, as may be necessary and authorized by the District Board. The 134 compensation and other conditions of employment of the officers and employees of the 135 District shall be as provided by the District Board. 136 137 (2) The District Board shall designate a person who is a resident of the state as treasurer 138 of the District,who shall have charge of the funds of the district. Such funds shall be disbursed Page 3 of 17 Page 418 of 436 139 only upon the order, or pursuant to the resolution, of the District Board by warrant or check 140 countersigned by the treasurer and by such other person as may be authorized by the District 141 Board. The District Board may give the treasurer such other or additional powers and duties 142 as the District Board may deem appropriate and may fix his or her compensation. The District 143 Board may require the treasurer to give a bond in such amount, on such terms, and with such 144 sureties as may be deemed satisfactory to the District Board to secure the performance by the 145 treasurer of his or her powers and duties. The financial records of the District Board shall be 146 audited by an independent certified public accountant at least once a year. 147 148 (3) The District Board is authorized to select as a depository for its funds any qualified 149 public depository as defined in s. 280.02 which meets all the requirements of chapter 280 and 150 has been designated by the Treasurer as a qualified public depository, upon such terms and 151 conditions as to the payment of interest by such depository upon the funds so deposited as the 152 District Board may deem just and reasonable. 153 154 155 Section 8. General Powers 156 157 The Commission hereby grants to Quantum Park Overlay Dependent District general powers 158 as hereinafter defined, and hereby finds that it is in the public interest of the citizens of the 159 City to grant such general powers. The District shall have, and the District Board may 160 exercise, the following general powers: 161 162 (1) To sue andbe stied i the name of the D tr-iet; to adopt and use a seal and authorize 163 the use of a facsimile thereof; to dispose 164 of, real and personal property, or any estate therein; and to make and execute contracts and 165 other instruments necessary or convenient to the exercise of its purpose mss; expend funds 166 as necessary in furtherance of sunsetting the District as set forth herein. 167 168 , legal, of 169 170 bidding 3of fai4iins. 190.03 3. 171 172 (3) To bar-r-aw meney and aeeept gifts; to apply for- and use grants or- loans of fRefley a 173 ether-pr-epei4y f+em the United Sta+es, the sta+e, a tinit ef Weal g&',effiment, er-any per-sen fe 174 , 175 176 toms of the gift grant, loan, or-agr-eefneat elati g thereto. 177 178 179 180 ; the maintenanee of r-eear-ds; and the 181 . 182 The Distr-irvt Board may also adopt administr-ative Ftiles with r-espeet to any of the pr-qjeets a 183 184 0 ,,thio,,that fna-y be neeessar-y for-the ,,,uet ofDist- *b Page 4 of 17 Page 419 of 436 185 186 , 187 188 189 . 190 191 (6) To lease as lesser- or- lessee to or- ffam any per-son, finn, ear-par-ation, asseeiation, of: 192 body, publie or-pr-wate, any pr-qjeets of the type that the Distr-iet is ati4har-ized to tifidel4ake and 193 f4eilities or-pr-apei4y of any nature for-the use of the Distr-iet to ear-f:y atit any of the pur-poses 194 . 195 196 (7) To bar-r-aw meney and issue bonds, eei4ifieates, warrants, notes, or- other- evidenee a 197 ; to levy stieh tfflE and speeial assessments as fna-y be 198 . 199 200 , 201 202 203 ineensisteat with,aw. 204 205 nye–exe—se —4hin the Distr-� beyead the Dist-iet itpfie approvalb 7 206 r-eseltitien ef the City if the taking will eeettr-in aR area ef the City er-with - i - ftp3.y 207 r-eseltition of the governing body of the aff-eeted jur-isdietion if the taking AAA-11- ee�-,IHF AlA14hin 208 seme jttr-isdietien etitside the City, the right and pewer- ef eminent dem te the- 209 provisions of ehapter-s 73 and 74, ever-any pr-apei4y within the stat 210 , 211 water- management, distr-irst r-eads, titi4y provisions, and any-4 of the dist 212 213 taking of easements for-the drainage of the land of one per-son ever- and thr-Ough the land a 214 wether, 215 216 (10) To cooperate with, or contract with, other governmental agencies as may be necessary, 217 convenient, incidental, or proper in connection with any of the powers, duties, or purposes 218 authorized by this act. 219 220 (11) To determine, order, levy, impose, collect, and enforce special assessments pursuant 221 to Chapter 170,F.S. Such special assessments may,in the discretion of the District,be;levied, 222 collected and enforced pursuant to the provisions of Chapters 197.3631, 197.3632, and 223 197.3635, or Chapter 170, F.S. 224 225 226 227 228 (a) Water-management and eentr-el fer-the lands within the Distr-iet and te eenneet seme 229 ofsurs, f4ei ities. it r-eads and bifid es 230 Page 5 of 17 Page 420 of 436 231 (b) Water- supply, sewer-, and wastewater- fna Figation, r-eelafnation, and r-euse 232 or- any eambination thereof-, and to eaastfttet and operate e ter-eepting or- atitlet, 233 sewers and s- - - . - -ad pipes and water-mains' eandu4s, or-pipelines in, along, and ti 234 , 235 esid oor-other-byp-adti is of stie, systemor- sewer- stem 236 237 , 238 holding basi i, publie highway, tr-aet, gr-ade, fill, or- eut and roadways ever-levees- 239 , 240 . 241 242 243 signs andst-eetli hts 244 245 (e) investigation and r-emediation roosts asserviated with the raleaflup of arstual or-per-re 246 247 248 . 249 250 . 251 252 , 253 254 255 level ofsti.,, se e within the oist- *b,,,ind 256 257 (h) To adopt and eafer-eve appropriate Ftiles following the pr-arvedtir-es of rehapter- 120, ifl. 258 259 260 (13) To exercise all of the powers necessary, convenient,incidental, or proper in connection 261 with any of the powers, duties, or purposes authorized by this Ordinance. 262 263 264 Section 9. Budgets 265 266 On or before each July 15, the District Manager (or the District Board) shall prepare a 267 proposed budget for the ensuing fiscal year to be submitted to the District Board for approval. 268 The proposed budget shall include at the direction of the District Board an estimate of all 269 necessary expenditures of the District for the ensuing fiscal year and an estimate of income to 270 the District from the taxes and assessments provided in this act. The District Board shall 271 consider the proposed budget item by item and may either approve the budget as proposed or 272 modify the same in part or in whole. The District Board shall indicate its approval of the 273 budget by resolution, which resolution shall provide for a hearing on the budget as approved. 274 Notice of the hearing on the budget shall be published in a newspaper of general circulation 275 in the area of the District once a week for 2 consecutive weeks, except that the first publication 276 shall be not fewer than 15 days prior to the date of the hearing. The notice shall further contain Page 6 of 17 Page 421 of 436 277 a designation of the day, time, and place of the public hearing. At the time and place 278 designated in the notice, the District Board shall hear all objections to the budget as proposed 279 and may make such changes as the District Board deems necessary. At the conclusion of the 280 budget hearing, the District Board shall, by resolution, adopt the budget as finally approved 281 by the District Board. The budget shall be adopted prior to October 1 of each year. 282 283 Section 10. Financial Reports; Disclosure of public financing. 284 285 (1) The District shall provide financial reports in such form and such manner as prescribed 286 pursuant to chapter 218. 287 288 (2) The District Board shall take affirmative steps to provide for the full disclosure of 289 information relating to the public financing and maintenance of improvements to real property 290 undertaken by the District. Such information shall be made available to all existing residents, 291 and to all prospective residents of the District whenever possible. 292 293 Section 11. issu nee E)f bead an6eipat o nates 294 295 , 296 the distr-iet shall ha-,�e the pewer-, a+ ' '. 4 f+em time te time after-the isstianee ef any 297 298 299 bands and to issue bead �eipal Sum flat in e�Eeess-of the at4har- 300 301 denaminations, bear- interest at stieh rate as the Distr-iet BE)ar-d may deter-mine in eamp! 302 , 303 304 , 305 . 306 Stiek netes shall be paid f+em the pr-eeeeds ef stiek bends when isstied. The Distr-iet Bear-, 307 may, in its disear-etion, in lieti of r-etir-iag the notes by fneans of bonds, retire them by fneans a 308 ; bti 309 in sursh event a like afnatiat ofthe bonds at4h r-ize d shall not be issued. 310 311 312 Section 12. 313 314any time may ebtain leans, in stiek ametint and en stiek terms and eenditiens 315 as the Distr-iet Board may approve,for-the pur-pose of paying any of the e�Epeases of the Distr-irvt 316 317 Distr-irst, whirsh loans shall bear- sursh interest as the Distr-irvt Board fna-y detefmi 318 , 319 320 the pr-evisiens eentained in any pr-eeeeding tinder- whiek bends were ther-etefer-e isstied and- 321 322 �ble netes, waffants, er- ether- evidenees ef debt te be payable a+ stiek times, te Page 7 of 17 Page 422 of 436 323 bear- stieh interest as the Distr-iet Board may dete i iplianee with s. 215.94, and to 324 be sold or-diseatiated at stieh pr-iee or-pr-iees not less than 95 per-eefit of par-value and an stieh 325 ter-fns as the Distr-iet Board fna-y deem advisable. The Distr-iet Board shall have the right to 326 , 327 tfflEes, and assessments of the Distr-irst. The approval of the elerster-s r-esidifig in the Distr-ie 328 shall not be neeessafy 0 ept when r-equir-ed by the State Geastitt4ion. 329 330 Section 13. Bends 331 332 Seetien 190.016(i) thr-etigh 190.016(15) F.S. as amended and Stipp!effiented is hereby 333 to by -ef 334 335 Section 14. Tmst is 336 337 Any issue of bands shall be seetir-ed by a tfttst agr-eefneat by and be:�Weea the Distr-irvt and 338 339 340 341 342 343 , 344 ; 345 ; and the ratistedy, safegtiar-diag,,� 346 347 , 348 maintenanee, repair-, or- eper-a+ien. 14 s4al-11 h-ke 1-Av,4411 fer- any bank er-tfirtst eempany Within 8 349 350 . 351 r-eseltition tmst agr-eemeat fna-y set fai4h the rights and r-emedies of the bondholders and of the 352 353 Board may provide for-the paymeat of pr-arseeds of the sale of the bonds and the r-eveflues a 354 355 356 357 of tfttst agr-eefneat may be treated as pai4 of the roost of operation of the pr-0jerst to Whirsh sursh 358 359 360 Section 15. Taxes; non-ad valorem assessments 361 362 (1) AD VALOREM TAXES.--The District shall not have the power to levy and assess ad 363 valorem taxes. 364 365 (2) BENEFIT SPECIAL ASSESSMENTS.--The District Board shall annually determine, 366 order, and levy the annual installment of the total benefit special assessments for bonds issued 367 and related expenses to finance District facilities and projects which are levied under this 368 Ordinance. These assessments may be due and collected during each year that county taxes Page 8 of 17 Page 423 of 436 369 are due and collected, in which case such annual installment and levy shall be evidenced to 370 and certified to the Property Appraiser by the District Board not later than August 31 of each 371 year, and such assessment shall be entered by the Property Appraiser on the County tax rolls, 372 and shall be collected and enforced by the Tax Collector in the same manner and at the same 373 time as County taxes, and the proceeds thereof shall be paid to the District. However, this 374 subsection shall not prohibit the District in its discretion from using the method prescribed in 375 either Chapter 197.363 or 197.3632, F.S. for collecting and enforcing these assessments. 376 These benefit special assessments shall be a lien on the property against which assessed until 377 paid and shall be enforceable in like manner as County taxes. The amount of the assessment 378 for the exercise of the District's powers under this Ordinance shall be determined by the 379 District Board based upon a report of the District's engineer and assessed by the District Board 380 upon such lands, which may be part or all of the lands within the District benefited by the 381 improvement, apportioned between benefited lands in proportion to the benefits received by 382 each tract of land. 383 �C 384 (3) PR l N4ATENARTG SPECIAL SSSS 385 386 387 Board not later-than August 31 of ea6h year-and shall be entered by the Pr-apei4y Appraiser-an 388 389 manner-and at the safne tifne as Gatinty tfflEes, and the pr-arseeds there ffam shall be paid to the 390 391 the fnethad pr-esear-ibed in either- Ghapter- 197.363 E)r- 197.3632 for- ealleeting and eafer-eing 392 these assessments. These maintenanee speeial assessments shall be a lien en the pr-epei4y 393 . 394 ' 395 396 ' 397 lands within the Distr-iet benefited by the maintenanee thereof-, appet4ioned be:�weea the 398 . 399 400 (4) ENFORCEMENT OF TAXES.--The collection and enforcement of all taxes levied by the 401 District shall be at the same time and in like manner as County taxes, and the provisions of 402 the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes; the 403 issuance, sale, and delivery of tax certificates for such unpaid and delinquent County taxes; 404 the redemption thereof, the issuance to individuals of tax deeds based thereon; and all other 405 procedures in connection therewith shall be applicable to the district to the same extent as if 406 such statutory provisions were expressly set forth herein. All taxes shall be subject to the same 407 discounts as County taxes. 408 409 (5) WHEN UNPAID TAX IS DELINQUENT; PENALTY.--All taxes provided for in this 410 act shall become delinquent and bear penalties on the amount of such taxes in the same manner 411 as County taxes. 412 413 (6) TAX EXEMPTION.--All bonds issued hereunder and interest paid thereon and all fees, 414 charges, and other revenues derived by the District from the projects provided by this Page 9 of 17 Page 424 of 436 415 Ordinance are exempt from all taxes by the state or by any political subdivision, agency, or 416 instrumentality thereof, however, any interest, income, or profits on debt obligations issued 417 hereunder are not exempt from the tax imposed by Chapter 220. Further, the District is not 418 exempt from the provisions of Chapter 212. 419 420 (7) STATUS OF ASSESSMENTS.--Benefit special assessments, maintenance special 421 assessments, and special assessments are non-ad valorem assessments as defined by Chapter 422 197.3632, F.S. 423 424 (8) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit special assessments 425 and maintenance special assessments authorized by this Ordinance shall constitute a lien on 426 the property against which assessed from the date of imposition thereof until paid, coequal 427 with the lien of state, county, municipal, and school board taxes. These non-ad valorem 428 assessments may be collected, at the District's discretion, by the Tax Collector pursuant to the 429 provisions of Chapter 197.363 or 197.3632, F.S., or in accordance with other collection 430 measures provided by law. 431 432 (9) LAND OWNED BY GOVERNMENTAL ENTITY.--Except as otherwise provided by 433 law, no levy of non-ad valorem assessments under this Ordinance, or Chapter 170, Chapter 434 197, or otherwise, by a District Board on property of a governmental entity that is subject to 435 a ground lease as described in Chapter 190.003(13),F.S. shall constitute alien or encumbrance 436 on the underlying fee interest of such governmental entity. 437 438 Section 16. Speeial assessments 439 440 , feeenst 441 442 . 443 444 . ,Distfiet assessments May be made 445 payable ; no fnefe than 30 yearly instalments 446 447 Section 17. T ramic�v�certifireates of inaebtednessrv-csec -vi -c ,c .me3is fe r 448 assessable impfevements; assessment bends 449 450 , 451 deteffnined, and eaafifmed as provided in this Or-dinanee, issue eeftifieates of indebtedness 452 453 the ease may be; and separate eeftifieates shall be issued against eaeh paft of par-eel of land a 454 455 whieh the assessmeat is made. The eeftifieates shall be payable in aaauA1141q*A11M,-HtS i 456 457 , in evemplianeve with 458 Chapter- 215.94, F.S. and may sell stiek eeftifiea es a+ eithef pfw_ate of ptiblie sale and- 459 460 eeftifiea+es shall r-eeite tha+ they are payable enly f+em the speeial assessments lei"ied and Page 10 of 17 Page 425 of 436 461 reallersted ffam the pat4 or- par-roe! of land or- pro. I whirch they are issued. The- 462 463 any r-eventie boads or- general obligation boads issued to finanee in whole or- in pat4 surs.h. 464 assessable if net se pledged, may be tised to pay the eest of pR4 of the ees ,,,.,, o ab e; o 465 „f sents 466 467 (2) The Distr-iet fna-y also issue assessment bonds or-other-obligations payable fFam a spervial 468 469 be deposited; or-, if stieh eet4ifieates of indebtedness have not been issued, the Distr-irst fRay 470 471 Ew to a tmstee for- stieh bondholders, the assessfReat liens provided for-in this arc 472 tmle�sqs qsue-�- reet4ifirvates of indebtedness or-assessment liens have been theretofore pledged 473 any bonds or- other- obligations atither-ized her-etinder, in the event of the er-eation of surs.h. 474 475 surch reet4ifirvates of indebtedness or- assessment liens deposited ther-ein shall be used only fe 476 . 477 478 479 and interest and penalties ther-ean for- whirch surch eet4ifieates of indebtedness or- assessmen 480 ; 481 assigned to surch spervial flind or- represented by the eet4ifieates of indebtedness deposited i 482 483 ; and to 484 make any ether- eevenants deemed neeessar-y er- advisable in er-der- te pr-eper4y seetir-e the 485 holders of sti.,, assessment b ndsor-other-obligations. 486 487 (3) The assessment bonds or-other-obligations issued pur-stiant to this seetion shall have surch 488 ; 489 fnatdr-ities of stieh assessment bonds or- other- obligations shall not be mor-e than 2 years aftef 490 the Ate da+e of the last installment whiek will be payable en any of the speeial assessments 491 for- whirch surch assessment liens, or- the evet4ifirvates of indebtedness 492 493 494 (4) Stiek assessment bends er- ether- ebliga+iens isstied tinder- this Seetien shall bear- Stie.h. 495 i 496 . 497 to mattinty, shall be sold in the fnaFmer- and be 11 of the applieable provisions 498 499 the provisions of this seetion. 500 501 , 502 &Eeept eei4ifiea+es of indebtedness isstied against sepafa+e lets er- par-eels of land er- pr-epei4y 503 as provided in this seetion, shall be and eanstittite and shall have all the qualities and ineidents 504 of negetiable instfictments tindef the law mer-ehant and the laws of the st 505 506 Section 18. Tax liens Page I I of 17 Page 426 of 436 507 508 All taxes of the District provided for in this Ordinance, together with all penalties for default 509 in the payment of the same and all costs in collecting the same, including a reasonable 510 attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment, 511 shall, from January 1 for each year the property is liable to assessment and until paid, 512 constitute a lien of equal dignity with the liens for state and county taxes and other taxes of 513 equal dignity with state and county taxes upon all the lands against which such taxes shall be 514 levied. A sale of any of the real property within the district for state and county or other taxes 515 shall not operate to relieve or release the property so sold from the lien for subsequent District 516 taxes or installments of District taxes, which lien may be enforced against such property as 517 though no such sale thereof had been made. The provisions of Chapters 194.171, 197.122, 518 197.333, and 197.432,F.S. shall be applicable to District taxes with the same force and effect 519 as if such provisions were expressly set forth in this Ordinance. 520 521 Section 19. Payment erg edemptien E)ftfflE liens by the Distr-iet; sharing ; 522 pr-eee ds e ftffl, sale 523 524 . 525 526 527 roc-ate whollyor- ai4i lly within the batiadar-ies of the Distr- 528 , 529 evatinty, distfirst, mumesipal, or- other- tfflEes or- assessments upen lands larvated who!" 530 . 531 532 , 533 together- with all penalties for- the default in paymeat of the safne and all roosts in evellerstia 534 ' 535 diga4y with the liens of state and eatinty tfflEes a d other-tfflEes of equal diga4y with state and 536 eetinty tfflEes tipen all the real pr-epei4y against whiek the tfflEes were 1&,4ed. The lien ef th 537 Distr-,.t v,, ,be for-eralesed in the manner-provided in this O-,a;,,anevo 538 539 (3) in any sale of land pur-stiant to Chapter- 197.542,F.S. and afneadments thereto,the Distr-ie 540 541 ; and the Distr-iet shall share i 542 543 the laws „ftho state. 544 545 Section 20. Foreclosure of liens 546 547 Any lien in favor of the District arising under this Ordinance may be foreclosed by the 548 City of Boynton Beach by foreclosure proceedings in the name of the Distr-ie City of Boynton 549 Beach in a court of competent jurisdiction as provided by general law in like manner as is 550 provided in Chapter 173,F.S. and amendments thereto; the provisions of that chapter shall be 551 applicable to such proceedings with the same force and effect as if those provisions were 552 expressly set forth in this Ordinance. Any act required or authorized to be done by or on Page 12 of 17 Page 427 of 436 553 behalf of the District in foreclosure proceedings under Chapter 173 may be performed by such 554 officer or agent of the Dist-: as the aEar-d ef StipeFviser-s City of Boynton Beach may 555 designate. Such foreclosure proceedings may be brought at any time after the expiration of 1 556 year from the date any tax, or installment thereof, becomes delinquent; however no lien shall 557 be foreclosed against any political subdivision or agency of the state. Other legal remedies 558 shall remain available. 559 560 Section 21. Bids required 561 562 (1) No contract shall be let by the District Board for any goods, supplies, or materials to be 563 purchased when the amount thereof to be paid by the District shall exceed the amount provided 564 in Chapter 287.017, F.S. for category four, unless notice of bids shall be advertised once in a 565 newspaper in general circulation in the County. The District Board seeking to construct or 566 improve a public building, structure, or other public works shall comply with the bidding 567 procedures of Chapter 255.20, F.S. and other applicable general law. In each case, the bid of 568 the lowest responsive and responsible bidder shall be accepted unless all bids are rejected 569 because the bids are too high, or the District Board determines it is in the best interests of the 570 District to reject all bids. The District Board may require the bidders to furnish bond with a 571 responsible surety to be approved by the District Board. Nothing in this section shall prevent 572 the District Board from undertaking and performing the construction, operation, and 573 maintenance of any project or facility authorized by this Ordinance by the employment of 574 labor, material, and machinery. 575 576 (2) The provisions of the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S. 577 apply to contracts for engineering, architecture, landscape architecture, or registered 578 surveying and mapping services let by the District Board. 579 580 (3) Contracts for maintenance services for any District facility or project shall be subject to 581 competitive bidding requirements when the amount thereof to be paid by the District exceeds 582 the amount provided in s. 287.017 for category four. The District shall adopt rules, policies, 583 or procedures establishing competitive bidding procedures for maintenance services. 584 Contracts for other services shall not be subject to competitive bidding unless the district 585 adopts a rule, policy, or procedure applying competitive bidding procedures to said contracts. 586 587 Section 22. ; 588 589 590 591 " ," and te r-&,,ise the same 592 for-the f4eilities and seFviees famished by the Distr-iet, within the lifnits of th 593 594 ; to r-eeaver- the easts of making 60fifleetion with any 595 ; 596 f any stieh rates fes eatalsor-other-eh -gee that are delinquent. 597 Page 13of17 Page 428 of 436 598 (2) No sursh rates, fees, r-eatals, of other- ehar-ges for- any of the f4eilities of sef-viees of the 599 600 of sefviees of awfiefs, tenants, of oeetipants sef:ved of to be sef:ved thereby and all 601 , 602 r-eatals, of other- rehar-ges. Rates, fees, r-eatals, and other- rehar-ges shall be adopted tifidef the 603 administfative fulemaking at4hafity of the Distfiet, but shall not apply to Distfirst leases. 604 , 605 r-eatals, and other- rehar-ges shall have been published in a a the evatinty and a 606 general evir-ratilation in the Distfiet at least onee and at least 10 sursh publies hearing. 607 608 whedule of seshedules, either- as initially proposed of as madified of amended, may be finally 609 adopted. A reopy of the seshedule of seshedules of sursh rates, fees, r-eatals, of rehar-ges as finally 610 adopted shall be kept an file in an offiee designated by the Distfiet Board and shall be open 611 612 613 614 615 616 (3) Stieh rates, fees, r-eatals, and ehar-ges shall be just and equitable and unifeffn for-usefs a 617 618 619 620 621 . 622 623 , 624 together-with any other- assessments, tfflEes, r-eventies, of flinds a-vailable of pledged for- sursh 625 626 order- 627 628 (a) To provide for- all e�Epeases of operation and maintenaneve of sursh farvility a 629 630 631 (b) To pay when Ate all bends and inter-est thefeen fer- the payment ef whiek stiek 632 ; 633 ftffd 634 635 636 0 „ltitions atit,,,,-;.ing the ; e of bonds r nt to this n-diff,,,,.o 637 638 (5) The Distfirst Board shall ha-ve the power-to enter-into eantfaets for-the use of the pf j 639 640 the Distfiet. 641 642 Section 23. Recovery of delinquent charges 643 Page 14 of 17 Page 429 of 436 644 In the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as 645 and when due and shall be in default for 60 days or more, the unpaid balance thereof and all 646 interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered 647 on behalf oto the District in a civil action. 648 649 Section 24. Diss,,,,*:,,,,.,,,,.o of sef-vi .o 650 651 , 652 are not paid when due, the board shall have the power-, tin sueh ifea-se-nable Ftiles 653 654 tiatil sursh fees, rentals, or- other- rehar-ges, inealuding interest, penalties, and rehar-ges for- the- 655 , 656 are fully paid; and, for- stieh pur-poses, the board may enter- an any lands, waters, or-pr-emises 657 658 delinquent fees, rentals, or-other-rehar-ges, together-with interest, penalties, and rehar-ges for-the 659 660 ' 661 alse enfer-ee payment ef stiek delinEltient fees, r-entals, er- ether- ehar-ges by any ether- lawfill 662 fnethad of ea f ,.omens 663 664 Section 25. Eaf ,.omeat and pe allies 665 666 The Distr-irvt Board or-any aggrieved per-son may have r-ervatir-se to sursh r-efRedies in law and 667 , 668 inealuding injuarstive relief to enjoin or- restrain any per-son violating th ' . . of this 669 670 , 671 , in viela+ien ef this 672 Or-dinaarve or- of any reade, or-der-, r-eseltition, or- other- regulation made under- atither-ity 673 eenfer-r-ed by this Or-dinanee er- tinder- law, the Distr-iet Bear-d er- any e4i'�efl r-esidin in the- 674 675 , 676 ; 677 , 678 679 680 Section 26. Suits against the District 681 682 Any suit or action br-o ght E)r maintained against the District for damages arising eute in tort, 683 including, without limitation, any claim for injury 684 or loss of property, personal injury, or death, shall be subject to the limitations provided in s. 685 768.28,F.S., and all other applicable laws and may only be maintained in the name of the City 686 of Boynton Beach. 687 688 Section 27. Exemption of District property from execution 689 Page 15 of 17 Page 430 of 436 690 All District-owned property shall be exempt from levy and sale by virtue of an execution, and 691 no execution or other judicial process shall issue against such property, nor shall any judgment 692 against the District be a charge or lien on its property or revenues; however, nothing contained 693 herein shall apply to or limit the rights of bondholders to pursue any remedy for the 694 enforcement of any lien or pledge given by the district in connection with any of the bonds or 695 obligations of the District. 696 697 Section 28. The District is solely responsible for the implementation of 698 special assessments upon benefited property within the District's internal 699 boundaries and shall provide notice of said special assessments to all prospective 700 purchasers of said property. 701 702 703 704 Section 3. All Ordinances or parts of Ordinances in conflict with any of the 705 provisions of this Ordinance are hereby repealed. 706 707 Section 4. If any Section or portion of a Section of this Ordinance proves to be 708 invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, 709 force, or effect of any other Section or part of this Ordinance. 710 711 Section 5. This Ordinance shall become effective immediately upon its passage 712 and adoption. 713 714 FIRST READING this day of , 2019. 715 716 SECOND, FINAL READING AND PASSAGE THIS day of 717 2019. 718 719 CITY OF BOYNTON BEACH, FLORIDA 720 721 722 YES 723 NO 724 725 Mayor— Steven B. Grant 726 727 728 Vice Mayor—Justin Katz 729 730 731 Commissioner—Mack McCray 732 733 734 Commissioner—Christina L. Romelus 735 736 Page 16 of 17 Page 431 of 436 737 Commissioner—Ty Penserga 738 739 740 VOTE 741 742 743 744 ATTEST: 745 746 747 748 Queenester Nieves 749 Deputy City Clerk 750 751 (Corporate Seal) Page 17 of 17 Page 432 of 436 13.A. FUTURE AGENDA ITEMS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 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 433 of 436 13.B. FUTURE AGENDA ITEMS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Commission wants to discuss security as it relates to the Town Square Redevelopment- 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 434 of 436 13.C. FUTURE AGENDA ITEMS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 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 435 of 436 13.D. FUTURE AGENDA ITEMS 8/6/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/6/2019 REQUESTED ACTION BY COMMISSION: Staff will present some options for use of our innovation space at the new city hall (1600 sf). August 20, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 436 of 436